06/12/2024 ZONING BOARD OF APPEALS Minutes (2)

Home Browse Search

Town of Mashpee mo 16 Great Neck Road North x Mashpee, MA 02649 MASHPEE ZONING BOARD OF APPEALS DECISION ON APPEAL OF BUILDING COMMISSIONER'S DECISION FOLLOWING REMAND FROM LAND COURT AP-2023-13 Owner, Anthony J. LaCava, Jr., as Trustee of Doc.: 383709 The AJL LaCava Realty Trust Ct£: 88704 234 Old Barnstable Road Map 59 Parcel 5 Mashpee, MA 02649 The Mashpee Zoning Board of Appeals issues this Decision on Remand pursuant to the provisions of M.G.L. c. 40A, §§ 8 & 15 and Article XVI of the Mashpee Zoning Bylaws. Notice of the Remand Hearing was duly given in accordance with Massachusetts General Laws ("M.G.L.") Chapter 41A, § 11 and M.G.L. c. 30A, § 20. Notice was given by publication in the Mashpee Enterprise, a newspaper of general circulation in the Town of Mashpee, on May 10, 2024 and May 17, 2024, a copy of which notice is attached hereto and made a part hereof. A Public Hearing upon remand was convened at the Mashpee Town Hall on Wednesday, June 12, 2024. Chairman Ron Bonvie read the public notice into the record. Members participating in this hearing were Chairman Bonvie, Sharon Sangeleer, Jonathan Furbush, Scott Goldstein, and William Blaisdell. This matter is an appeal of the Building Commissioner's determination of December 30, 2022 relative to the Quashnet Valley Development. On January 20, 2023, the Owner, Anthony J. LaCava, Jr., as Trustee of The AJL LaCava Realty Trust, filed a Petition for an Appeal of the Building Commissioner's Decision under Massachusetts General Laws Chapter 40A §§ 8 and 15, to allow for the construction of twenty-nine (29) single-family homes on property located in an R-5 Zoning District, at 234 Old Barnstable Road, Map 59, Parcel 5, Mashpee, MA, pursuant to a Special Permit, as amended, for the Quashnet Valley Development. The Petition asked the Board of Appeals to overturn the Building Commissioner's December 30, 2022 determination that the Quashnet Valley special permit had lapsed. The Owner had requested the Building Commissioner's determination in connection with a planned request to modify the special permit decision to allow the construction of a final twenty-nine(29)single-family homes in the Quashnet Valley development. The Board of Appeals held a public hearing on the Owner's Petition on February 22, 2023 and issued a decision dated March 1, 2023 upholding the Building Commissioner's determination. The Owner appealed the Board of Appeals' decision to the Land Court in LaCava, Jr., as Trustee of the AJL LaCava Realty Trust H,, v. Furbush et al(Mashpee Zoning Board of Appeals),23 Misc 000116. On June 23, 2023, the Land Court vacated and annulled the Board of Appeals' decision I