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MASHPEE ZONING BOARD OF APPEALS <br /> DECISION FOR REMAND/APPEAL OF <br /> BUILDING COMMISSIONER'S DECISION <br /> Owner,Anthony J. LaCava,Jr. Trustee of the AJL LaCava Realty Trust <br /> 234 Old Barnstable Road,Map 59 Parcel 5 <br /> Mashpee,MA 02649 <br /> AP-2023-13 <br /> 13)The Board further finds, in consideration of significantly changed environmental, <br /> infrastructure,and other conditions within the Town of Mashpee since 1980,that it would <br /> be unreasonable and contrary to the public interest for a property owner to be issued <br /> building permits to construct dwellings pursuant to a special permit issued forty plus years <br /> ago. <br /> 14)While this determination is contrary to the interpretation of Condition #3 issued by the <br /> Board in 1992,the Board is not bound by what it considers to be an incorrect interpretation <br /> by a predecessor Board, for two reasons: 1) there is no municipal estoppel in these <br /> circumstances,and 2)the Order of Remand only directs the Board to render a new decision <br /> in which"the Board shall,consistent with the Court's Order of May 31,2023,specifically <br /> address and take into account the Board's 1992 interpretation of a Special Permit applicable <br /> to the Trustee's property,which states that there is no completion deadline for developing <br /> and/or constructing single-family lots and homes on the development site. <br /> 15)Accordingly, the Board finds that the December 30, 2022 determination of the Building <br /> Commissioner is reasonable and legally supportable based upon application of a plan <br /> reading of the terms of the Conditions of the 1980 Special Permit modification Decision. <br /> Mr.Reidy offered a motion that the Board approve the Building Commissioner's December 30, <br /> 2002 Decision that the Owner's proposed development of 29 single-family homes on property <br /> located at 234 Old Barnstable Road in Mashpee did not fall within the scope of an existing Special <br /> Permit, as the subject 1980 Special Permit (Quashnet Valley Development) had lapsed. Said <br /> property is located in the R-5 Zoning District,Map 59,Parcel 5, Mashpee,MA. <br /> Chairman Bonvie asked for a roll call vote.Ms. Sangeleer seconded. <br /> Mr.Caggiano:yes <br /> Mr.Reidy:yes <br /> Mr.Furbush:yes <br /> Ms. Sangeleer: yes <br /> Mr.Bonvie:yes <br /> All voted in favor(5-0-0)to approve the Building Commissioner's Decision. <br /> 6 <br />