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Town of Mashpee <br /> 16 Great Neck Road North <br /> Mashpee, MA 02649 <br /> . <br /> MASHPEE ZONING BOARD OF APPEALS <br /> DECISION FOR REMAND/APPEAL OF THE <br /> BUILDING COMMISSIONER'S DECISION <br /> AP-2023-13 <br /> Owner,Anthony J.LaCava,Jr. Trustee of Doc.: 383709 <br /> The AJL LaCava Realty Trust Ctf.: 88704 <br /> 234 Old Barnstable Road <br /> Map 59 Parcel 5 <br /> Mashpee,MA 02649 <br /> A Public Hearing upon remand was convened at the Mashpee Town Hall on Wednesday, August <br /> 9,2023. Chairman Bonvie read the public hearing notice into the record. Members participating <br /> in this hearing were Chairman Bonvie, Sharon Sangeleer, Jonathan Furbush, Charles Reidy, and <br /> Associate Member,Robert Caggiano. <br /> On June 23,2023 a Remand Order was issued by the Land Court in the matter ofn Acay ,Trustee <br /> v.wMashl)ee Zoning Board of A w q*,Land Court,23 MISC 0001 l6_MDV relative to the appeal <br /> of the Board's March 1, 2023 Decision in re:234 Old Barnstable Road: G.L.Chapter 40A, §§8& <br /> 15,Applicant,Anthony J.LaCava,Jr.Trustee's appeal of the Building Commissioner's December <br /> 30, 2022 determination that the Applicant's proposed development of 29 single-family homes on <br /> property located at 234 Old Barnstable Road in Mashpee did not fall within the scope of an existing <br /> Special Permit,as the subject 1980 Special Permit(Quashnet Valley Development)had lapsed. <br /> Notice of the Remand Hearing was duly issued in accordance with Massachusetts General Laws <br /> ("G.L.") Chapter 40A, §I I and G.L. c. 30A, §§18 et seq. Notice was given by publication in the <br /> Mashpee Enterprise,a newspaper of general circulation in the Town of Mashpee,on July 14,2023 <br /> and July 21,2023 a copy of which is attached hereto and made a part hereof. <br /> This matter is an appeal of the Building Commissioner's determination of March 1,2023 relative <br /> to the Quashnet Valley Development.The Board reviewed/revisited the legal propriety and factual <br /> bases for said determination and considered all evidence in the record to render this Decision.The <br /> Board considered the application for appeal of the Building Commissioner's determination,with <br /> supplemental documentation and legal argument submitted by the Applicant's counsel, the <br /> testimony of the Building Commissioner in support of his December 30, 2022 determination that <br /> the subject Special Permit had lapsed, and the statements of the Owner's counsel opposing/ <br /> objecting to the merit of the Building Commissioner's determination. <br /> 1 <br />