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43. For example,the Remand Decision relied on the opinion of the Building <br /> Commissioner who commented that"notwithstanding the Board's interpretation/construction if <br /> this language back in 1980,the Town is now in a significantly different position with respect to <br /> development buildout and its bylaws have changed accordingly to address the different <br /> circumstances." <br /> 44. At the time of the Remand Hearing,the Building Commissioner stated,without <br /> evidence,that"the Town is not interested in any more cluster neighborhoods at this time."A true <br /> and correct transcription of the Remand Hearing is attached as Exhibit M. <br /> 45. These opinions are not a valid basis on which to uphold the Building <br /> Commissioner's determination. <br /> 46. The Remand Decision ftu-they relied on the Building Commissioner's belief that <br /> "under the current zoning,the applicant would have the right to create 9-10 conforming lots on <br /> the site." <br /> 47. At the time of the Remand Hearing the Building Commissioner stated that <br /> because the Trust might have the right to build 10 confon-ning houses,he did"not feel bad for <br /> [th]em." <br /> 48. These opinions are not a valid basis on which to uphold the Building <br /> Commissioner's determination. <br /> 49. The Remand Decision, at Findings No. 7 and 8 stated: "During the intervening <br /> thirty years from 1992 to 2022,Mashpee,including the specific neighborhood surrounding the <br /> Quashnet Valley property,has undergone a dramatic transformation due to significant new <br /> development ...This development has strained infrastructure,including roadways and <br /> 11 <br />