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 11)Notwithstanding the Building Commissioner's December 30, 2022 determination that the special permit had expired in March 1990, at least nineteen(19) building permits have been issued by the Mashpee Building Department during the past six years for single-family homes within the Quashnet Valley project area in reliance on that special permit. 12)In light of the Owner's mitigation commitments, the proposed construction of up to twenty-nine (29) single-family homes will be in harmony with the general purpose and intent of the Mashpee Zoning Bylaws. 13)The three mitigation commitments set forth above are hereby incorporated into the Special Permit as additional conditions. Charles Reidy offered a motion that the Board overrule the Building Commissioner's December 30, 2022 Decision and approve the Owner's appeal of that Decision, to find that the Owner's proposed development of up to twenty-nine (29) single-family homes on the property located at 234 Old Barnstable Road in Mashpee falls within the scope of the 1980 Special Permit(Quashnet Valley Development), and that said Special Permit has not lapsed with respect to the Owner's proposed development of up to 29 single-family homes, and further find that said special permit is closed except with respect to those single-family homes authorized hereby. Said property is located in the R-5 Zoning District, Map 59, Parcel 5, Mashpee, MA. Chairman Bonvie asl�pd for a roll,pall vote. Ms. Sangeleer seconded. Mr. Goldstein: �� ,J � � Mr. Forbush:° .. Ms. Sang eleew� ' _ . Mr. Blaisdell: Mr. Bonvie• .. The vote being 5-0 in favor, the Owner's appeal is approved and the Building Commissioner's Decision is overruled. 7