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

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR REMAND/APPEAL OF BUILDING COMMISSIONER'S DECISION Owner, Anthony J. LaCava,Jr. Trustee of the AJL LaCava Realty Trust 234 Old Barnstable Road,Map 59 Parcel 5 Mashpee,MA 02649 AP-2023-13 5) In 1992,the property owner petitioned the Board for"an interpretation"of the Conditions contained in the 1980 Decision, specifically, he requested clarification on the timeframe within which the proposed single-family units had to be completed. 6) In a written determination issued on November 3, 1992 the Board,noting the ambiguity in the language of Condition #3, stated "it has never been its policy to compel expedited completion of residential projects, and that, to the contrary, it favors a moderate growth schedule... The Board also noted that Paragraph 3 contained no provision for completion of the single-family house lots by a date certain". The Board, accordingly,concluded that the Applicant was not in default of the permit at that time. 7) During the intervening thirty years from 1992 to 2022, Mashpee, including the specific neighborhood surrounding the subject Quashnet Valley property,has undergone a dramatic transformation due to significant new development. 8) This development has strained infrastructure,including roadways and groundwater quality, and has resulted in increased vehicular traffic, greater structural density, and loss of open space. 9) On December 10, 2022, counsel for the Applicant requested,in writing,that the Building Commissioner issue a determination relative to the current status of the Special Permit issued by the Zoning Board of Appeals,dated November 26, 1973,as revised and extended in March 1980, relative to the proposed development of certain land located off Country Club Lane/ Old Barnstable Road in Mashpee. Specifically, he requested a determination whether said Special Permit, as revised and extended, would authorize the issuance of building permits to the owner of the subject property to construct 29 single-family homes where,initially,multi-family homes were proposed for the property. 10)Upon review of the relevant documents provided by counsel and located in the Town's files relative to the subject Special Permit, on December 30, 2022, the Building Commissioned opined and determined that the 1973 Special Permit, as revised and extended in 1980,had lapsed and is now"considered in default". This determination was expressly premised upon the language set forth in the March 1980 Special Permit extension Decision issued by the Board, specifically Conditions#3 and#10 therein. 11)The Applicant appealed the Building Commissioner's determination to this Board pursuant to G.L.c. 40A, §§8 and 15 on January 20,2023. 12)Based upon the plain meaning and common usage of the language set forth in Condition #3 of the Board's 1980 modification of the Special Permit("The project shall be phased at least over a five-year period,but not to exceed more than ten years.Not more than one hundred four(104) condominiums, but no less than fifty-two (52) condominiums in one year. Not more than forty-six (46) single-family houses in one year."), this Board finds that a reasonable construction of Condition #3 did impose a project construction completion deadline of a period not to exceed ten years from the date of that decision. 5