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 that the Building Inspector did not maintain the schedule referred to in Paragraph 3,the Board finds that the Quashnet Valle project is not in default of the permit and that the Applicant is in substantial compliance with the terms thereof. In August 2002, the Owner asked the Mashpee Planning Board to modify the original Quashnet Valley master plan to allow the construction of single-family homes in areas where multi-family units were originally proposed. In connection with that proposed amendment, the Owner asked the Board of Appeals for a determination that the special permit was still in effect. On August 28, 2002, the Board of Appeals reiterated at a public hearing that the special permit remained in effect. On November 21, 2002, the Mashpee Town Clerk issued a Notice of Decision indicating that the Mashpee Planning Board had approved a definitive subdivision plan for the next phase of the Quashnet Valley Development. Attorney Kirrane explained that the Owner proposes to construct up to twenty-nine (29) single- family homes in an area where multi-family homes were first proposed,to close out the Quashnet Valley development special permit, as amended, and agrees with the Board of Appeals that any further development of any remaining, undeveloped portions of the project site shall require the then owner of the land in question to seek separate entitlements and permits. Construction of these homes will bring to 232 the total number of single-family lots, consistent with what was approved in 1980. Seventeen (17) single-family lots were previously approved and are being relocated from the norther portion of the property as part of this proposal. It was in connection with this proposal that the Owner asked the Building Commissioner for a determination that the special permit remains valid and in effect with respect to construction of the allowed number of single-family homes. In response to the Owner's discovery requests, the Mashpee Building Department provided copies of nineteen (19) building permits for single-family homes within the Quashnet Valley project area that were issued within the past six (6) years to a developer that had purchased a portion of the project from the Owner. Attorney Kirrane described proposed mitigation that the Owner has agreed to provide in connection with the proposed construction of up to twenty-nine (29) single-family homes, to address changed environment, infrastructure, and other conditions that concerned the Board of Appeals and to address potential impacts of this additional development.The proposed mitigation is: 1. Traffic Mitigation: The Owner will pay $217,500 (the "Traffic Mitigation Payment")to the Town of Mashpee, or its designee, which monies shall be used to mitigate the traffic impacts of the Trustee Proposal along Old Barnstable Road between Rt. 151 and Great Neck Road North/Lowell Road. Allocation and application of the Traffic Mitigation Payment shall be made 4