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Town of Mashpee <br /> 16 Great Neck Road North <br /> Mashpee, MA 02649 <br /> �� <br /> Nl muw <br /> Remand Hearin (LaCava,Trustee v.Mashpee Zoning Board of Al2peals.• Land Court <br /> 23 MISC. 000116 MDV -234 Old Barnstable Road: Remand from the Land Court to the <br /> Zoning Board of Appeals for further hearing, review and reconsideration of the Applicant <br /> Anthony J. LaCava, Jr., Trustee's appeal pursuant to G.L. c. 40A, §§8 & 15 of the Building <br /> Commissioner's December 30, 2022 determination that the Applicant's proposed <br /> development of 29 single-family homes on the property located at 234 Old Barnstable Road <br /> in Mashpee did not fall within the scope of the existing 1973 Special Permit, as amended, <br /> (Quashnet Valley Development) because said Special Permit had lapsed, Said property is <br /> located in the R-5 Zoning District, Map 59,Parcel 5, Mashpee, MA. <br /> MOTION <br /> Moved that, upon further review and reconsideration of the circumstances, amendments <br /> to, and subsequent Town board actions relating to the 1973 Special Permit authorizing <br /> the development of a golf course, club house, 715 multi-family units, and 178 single- <br /> family units on 345.2 acres of property known and numbered as 234 Old Barnstable Road <br /> (Assessors Map 59, Parcel 5), Mashpee, MA, the scope and validity of which Special <br /> Permit was the subject of an appeal filed in the Land Court (LaCava, Jr., Tr. v. Furbush, <br /> et al.; 23 MISC 000116), the Board votes to overrule the Decision of the Building <br /> Commissioner, dated December 30, 2022, determining that the Applicant's proposed <br /> development of up to 29 single-family homes on the subject property did not fall within <br /> the scope of the 1973 Special Permit and that said Special Permit had lapsed; sub'ect <br /> however, to the conditions that: 1) the proposed maximum 29 single-family homes <br /> development shall, in all respects, comport with the terms and conditions stipulated by <br /> the Applicant and the ZBA in disposition of the referenced Land Court litigation, 2) that <br /> said development shall be consistent with the February 21, 2024 Conceptual Subdivision <br /> Plan prepared by Baxter & Nye for the LaCava Companies which has been entered into <br /> the record of this hearing, and 3) that said development of up to 29 single family homes <br /> shall be the final development of the subject property authorized pursuant to the said <br /> 1973 Special Permit, as amended, which Special Permit shall hereafter be considered <br /> closed. <br /> '1_ <br />