03/25/2026 ZONING BOARD OF APPEALS Minutes

Home Browse Search

MEETING MINUTES MASHPEE ZONING BOARD OF APEALS MARCH 25, 2026 Sitting on this hearing are Ms. Sangeleer, Mr. Furbush, Mr. Goldstein, Mr. Reidy, and Mr. Morizio. Attorney Paul Haverty with Blatman, Bobroski, Haverty and Silverstein, LLC. Also present was Albert Ellis, Developer, Bay Colony Design Engineer, William Buckley, was not present. Mr. Chris Mulhern, Architect, and Zack Vanasse, Traffic Engineer for the project. Attorney Haverty discussed the overview of the 40B process and understands that the Board will rely upon Town Counsel throughout the process. Attorney Haverty explained that the applicant must first obtain a project eligibility letter from a qualified subsidizing agency, and part of that application process must show that it's either a public agency, nonprofit organization, or a limited dividend company. In this case, the applicant is a limited dividend company. The applicant must also show that the project is fundable under a low and moderate subsidy program and that the applicant controls the sites. The applicant did receive a project eligibility letter from Mass Housing and is one of the qualified subsidizing agencies. That application was dated August 26, 2025, and was included in the application. In that letter, Mass Housing did make a requisite finding that the entity type, the funding program, and site control. The applicant submitted its Comprehensive Permit application on February 27, 2026. By statute the Board was required to open a public hearing within 30 days of the permit application, and this hearing is within that 30-day time period. According to the most recent version of the subsidized inventory dated September 30, 2025, Mashpee has an affordable housing percentage of 5.18% and is below the 10% affordable housing requirement in Chapter 40B. Once the public hearing commences, the Board has 180-days of opening the public hearing to complete its review and close the public hearing; which is 180-days from this meeting. The Board must close the public hearing. Once the public hearing is closed, the Board has forty days (40) to deliberate and make its decision. Once that decision has been rendered, the Board has 40 days to file that decision with the Clerk's office, and once filed with the Clerk, that will start the 20-day appeal period. That decision can be appealed by abutters, to either a superior court or land court, or if the developer believes that the court's decision renders the project uneconomic or if the Board denies the permit, the developer has a right to appeal to the housing appeals court. 14