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34. On August 27,2002,the Board proposed that the modification of the plan—which <br /> contemplated the construction of single-family homes—was within the scope of the Special <br /> Permit. The Planning Board approved the proposal on November 21,2002 to amend the master <br /> plan (the"2002 Determination").A true and correct copy of the 2002 Determination is attached <br /> here as Exhibit I. <br /> The CurrentwDis;)ute <br /> 35. The Trust has relied on the Board's 1992 Determination. <br /> 36. On December 2,2022,Attorney Christopher Kirrane, counsel for the Trust, <br /> submitted a memorandum to the Mashpee Building Commissioner,David Morris,requesting a <br /> determination that the Trust's proposed development plans to complete the residential phase of <br /> the Project fell within the scope of the existing Special Permit, and were entitled to building <br /> permits.2 <br /> 37. However,the Building Commissioner issued a determination that the Special <br /> Permit had lapsed,arguing that construction should have been completed by March 1990. A <br /> copy of the Building Commissioner's determination is attached as Exhibit J. This determination <br /> was made even though(i)in 1992,the Board determined that there was no deadline by which the <br /> construction of single-family homes must be completed; (ii) the Board determined that the <br /> Special Permit remained valid in 2002; (iii)the residential phase of the Project began within 10 <br /> years of the 1980 Modification; and(iv)building permits have been recently issued to the <br /> Marsters for work contemplated by the same Special Permit. Attached as Exhibit K.Tabs 1 <br /> through 19 are copies of single-family home building permits issued for the following properties, <br /> '-At the time of Attorney Kirrane's memorandum,the Trust contemplated building 29 single-family homes. Since <br /> then,the Trust has further revised its plans to build 25 single-family homes.Once completed,the number of single- <br /> family homes on the Property—including homes built on the Marsters Parcels--will not exceed the number allowed <br /> under the originally-approved Project. <br /> 9 <br />