12/12/2018 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES DECEMBER 12,2018 Chairman Furbush mentioned that he knows there's litigation pending regarding access to the land on the mainland side. Attorney Wall said that the litigation is under advisement with a judge. He said he does not represent the client in that land court case, but he is aware of its status. The case is in land court without a jury,and when the trial is over the judge takes the matter under advisement. Mr. Wall believes that briefs were submitted to the court back in January of this year, and decision is pending. Mr. Wall said that his client has a deed to the land, and the judge will be making a decision to who owns the land. Town Attorney, Kate Connolly said she had tried that case. The judge has not issued a decision, and the ownership issue is still in question. The Town took a less active roll, but claimed a portion of the property. Two of the abutters on that road took an active role claiming ownership, and it's still inconclusive that SN Trust or anyone else owns any specific portion of that property. In regard to the bridge, there's another case pending, and there's no approval yet for the bridge. Town Counsel is still waiting for the court's decision on this. Attorney Wall said that the bridge has been through the DEP hearing process and was denied. That decision is currently under appeal in Superior Court. Scott Goldstein questioned if the bridge needs to be approved prior to building on the lot. He could not approve something that was not approved by other departments. Attorney Kate Connolly answered that was the basis for the previous denials of the three variances. The applicant applied for permission to the Conservation Commission to build in a sensitive wetland resource area. The Commission denied it,and the applicant appealed it to the DEP,lost to DEP and appealed to Superior Court.There's still no bridge,and that's one of the requirements under the Town bylaw that there be access. There's no frontage, and there has to be access in other ways for emergency vehicles. This case is still pending as well. Attorney Wall said that every Board has its own jurisdiction. He said that the Board can act on request for relief, and conditioning it upon the bridge being built. Chairman Furbush as one member said he is uncomfortable with conditioning anything for these variance requests. Attorney Wall said if he proposed a bridge and the appeal does not work out to his client's benefit, then this permit would be no good because he couldn't build a bridge. So the proposal is with the bridge. Mr. Goldstein read the Board of Health comments into the record. Mr. Furbush read the Conservation Department comments into the record. There were no comments from the Acting Harbormaster. 4