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 2) Relevant to this proceeding, new Condition#3 provides: "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." 3) In 1992, the property owner petitioned the Board for"an interpretation" of the Conditions contained in the 1980 Decision. Specifically, he requested clarification on the timeframe within which the proposed single-family units had to be completed. 4) In a written determination issued on November 3, 1992, the Board, noting the ambiguity in the language of Condition 43, stated, "it has never been its policy to compel expedited completion of residential projects, and that, to the contrary, it favors a moderate growth schedule ... [and] ... that Paragraph 3 contained no provision for completion of the single-family house lots by a date certain." 5) During the intervening years from 1992 to 2024, Mashpee, including the specific neighborhood surrounding the Quashnet Valley property, has undergone a dramatic transformation due to significant new development. 6) This development in the surrounding neighborhood and elsewhere has strained the Town's infrastructure, including roadways and groundwater quality, and has resulted in increased vehicular traffic, greater structural density, and the loss of open space. 7) The Owner's plan to build up to twenty-nine (29) additional single-family residences will bring the maximum number of single-family homes to be authorized by the Special Permit to 232. This is the maximum number of single-family homes allowed under the 1980 modification to the Special Permit. 8) The Owner's plans will preserve approximately 32% of the area as open space. This will increase the total amount of Quashnet Valley development open space to approximately 54%. 9) The Owner has committed to contribute $217,500 to the Town for Traffic Mitigation improvements in the project area, specifically to Old Barnstable Road between Rt. 151 and Great Neck Road North/Lowell Road, portion of which shall be used to improve three existing pedestrian/golf cart crossings within the Project area with improved crosswalk markings and rapid flashing beacons, which shall be maintained and operated by the Owner upon construction thereof. 10)The Owner also has committed to making significant Affordable Housing Payments to the Mashpee Affordable Housing Trust. 6