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 at the Town's sole discretion, provided that a portion of the Traffic Mitigation Payment shall be used to improve three existing pedestrian/golf cart crossings within the Project area with improved crosswalk markings and rapid flashing beacons (the post-construction operation, maintenance and repair of which shall thereafter be assumed by the Owner, at its sole expense,pursuant to a License Agreement with the Town). The Owner will make the Traffic Mitigation Payment within 30 days after the expiration of any appeals period for the Mashpee Planning Board's approval of a site plan for the Owner's Proposal, or if a timely appeal is taken, after a final,, unappealable decision in the Trust's favor (as approved, and after favorable resolution of any appeal, the"Site Plan"). 2. Open Space Contribution: The Owner's plans will reserve an additional 32% of land for open space use. This contribution shall increase the overall open space for the overall project to approximately 54%. 3. Affordable Housing Contribution: The Owner will pay $20,000 per residential lot shown on the Site Plan to the Mashpee Affordable Housing Trust(the "Affordable Housing Payments"), which monies shall be used for the development of fair, decent, safe affordable housing in a manner that is consistent with protection of the Town's environment. Each Affordable Housing Payment shall be made within thirty (30) days following the sale of each lot shown on the Site Plan,provided that the balance of any remaining Affordable Housing Payments required hereunder shall be made no later than five (5)years after the approval of(and expiration of any appeals period for) the Site Plan. The Owner will provide performance security, in the form of a bond or such other security instrument as the Board shall deem satisfactory,in an amount equal to the total/aggregate Affordable Housing Payment required hereunder. Said performance security shall be automatically reduced/adjusted by the amount of each installment of the Affordable Housing Payments made hereunder. There were no further questions or comments from the Board or the audience. In consideration of the above-referenced discussion,the Board's review and consideration of the written documents and letters in the record, and the statements offered by counsel for the applicant during the public herein, the Board makes the following findings: 1) On March 14, 1980,the Board modified the Special Permit at the request of the then owner to allow for 232 single-family homes and, notably, incorporated ten new Conditions into the Special Permit. 5