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

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MASHPEE ZONING BOARD OF APPEALS DECISION ON APPEAL OF BUILDING COMMISSIONER'S DECISION FOLLOWING REMAND FROM LAND COURT Owner, Anthony J. LaCava, Jr., as Trustee of the AJL LaCava Realty Trust 234 Old Barnstable Road, Map 59 Parcel 5 Mashpee, MA 02649 AP-2023-13 26, 1973. The special permit allowed, inter alia, 715 multi-family units and 178 single-family dwellings.It provided that construction of the multi-family units was to be phased,with 143 units built in each of five years, and that the phasing of construction of the single-family units was "Optional,but no more than 36 per year."The golf course and club house were to be constructed during the first phase/year. Attorney Kirrane explained that in 1980 the then owner had asked the Board of Appeals for an extension of the special permit, because construction of the project had been delayed by a land dispute and by the recession of 1980. The owner also asked to reduce the number of multi-family units in order to increase the allowed number of single-family homes from 178 to 232. The requested extension and modification were granted in a decision filed with the Mashpee Town Clerk on March 14, 1980. Condition 3 to the 1980 extension decision provides that: 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. Condition 10 to the extension decision provides that, "The Building Inspector shall keep track of the schedule referenced in Paragraph 43. If[the] requirement[s] cannot be met the Permit can be considered in default." On June 3, 1981, the Board of Appeals voted to waive the minimum development requirements for 1980 and 1981,presumably in recognition of the continuing weak economy.In 1992,the then owner asked the Board of Appeals for a determination that the special permit was not in default. The Board of Appeals held a public hearing on that request on October 14, 1992 and in a decision filed with the Mashpee Town Clerk on November 3, 1992, found that: On the interpretation of Paragraph 3,the Board noted the ambiguity of the said language. The Board found that it has never been its policy to compel expedited completion of residential projects, and that,to the contrary, it favors a moderate growth schedule. It has often required expedited completion of required amenities, but noted that the extensive amenity package, which includes an 18 hole golf course and a large clubhouse, was completed in a timely manner. The Board also noted that Paragraph 3 contained no provision for completion of the single-family house lots by a date certain. Based on the foregoing,the Board interprets Paragraph 3 to impose no completion deadline with respect to the development and/or construction of single-family lots and homes. Further,based on the above facts, and noting the development of the lots and the 134 condominiums required ongoing consultation between the Applicant and the Planning Board and the Building Inspector's office, and further noting 3