08/09/2023 ZONING BOARD OF APPEALS Minutes (2)

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groundwater quality, and has resulted in increased vehicular traffic,greater structural density, and loss of open space." 50. No evidence was offered or submitted to support or substantiate these findings. 51. The Remand Decision at Finding No. 13 stated: "The Board further finds, in consideration of significantly changed environmental,infrastructure,and other conditions within the Town of Mashpec since 1980,that it would be unreasonable and contrary to the public interest for a property owner to be issued building permits to construct dwellings pursuant to a special permit issued forty plus years ago." 52. No evidence was offered or submitted to support or substantiate that finding. 53. The Board found that it was constrained by the Court's Remand Order only to consider the 1992 Determination and nothing else. But nothing in the Remand Order precluded the Board from considering all of the evidence, including the 2002 Determination or the number of permits that have been issued since the 1992 Determination,including permits for the Marsters Parcels issued this year.3 54, By its Remand Decision the Board found that it was highly unusual and contrary to its general practice to issue a special permit for multi-lot residential developments with no end date for completion of construction. 55. However,upon information and belief,the Board has issued many special permits for-multi-lot residential developments without a construction completion date. The Remand Decision is internally inconsistent.It states that the Board considered all of the evidence in the record, including subsequent Board and Planning Board statements,but also includes a finding that the Court ordered a remand only to consider the 1992 Determination. 12