12/12/2018 ZONING BOARD OF APPEALS ZBA Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A VARIANCE Gooseberry Island Trust& SN Trust Robert D. Emmeluth, Trustee of Gooseberry Island 0 Gooseberry Island (Map 100, Parcel 6-0-R), Mashpee, MA 02649 V-2015-61 Attorney Wall said that the Tribe claims that their shellfish aquaculture grant prohibits the bridge from crossing the channel is not valid. He disagrees because the statute that the shellfish constable read says that the Tribe has exclusive rights to plant, grow and take shellfish but not exclusive rights to the area itself. The ideas is to put the house somewhere in the center of the island, and far away from shore. The septic system has not been proposed so those concerns are speculative and not before the Board. The bridge will be sufficiently high enough for boat traffic to pass. Attorney Wall said that relief can be granted such that it doesn't derogate from the purpose of the zoning bylaw. He believes the bridge provides access. Mr. Mendoza asked Attorney Wall if his client was entertaining to build more than one home on the island. Mr. Wall said his client's intention right now is to have one single- family dwelling. Chairman Furbush closed the comment session and instructed the Board members that it was time to vote. The Board, upon review of the testimony and evidence, determined that the proposed Variance would not advance the Town's interest in maintaining the public safety in further grant of a Variance would in fact derogate from the underline purpose and intent of the Zoning By-laws. In view of the foregoing, the Board made a motion on Wednesday, December 12, 2018 at the Public Hearings of the Zoning Board of Appeals to grant the request of the Petitioner, Gooseberry Island Trust& SN Trust for a Variance from Article V §174-12 of the Zoning By-laws requiring frontage on a street and direct access to a paved town,county or state road or street as defined in said Section in order to construct a single family residence on property located in an R-3 Zoning District at 0 Gooseberry Island, (Map 100, Parcel 6-0-R), Mashpee, MA and voted as follows: Ms. Sharon Sangeleer, denied, no,Mr. Bradford H. Pittsley, denied, no, Mr. Norman J. Gould, denied, no, Mr. Scott Goldstein, denied, no, and Mr. Jonathan D. Furbush, denied, no. Failing to obtain a supermajority of votes in the affirmative,and in fact obtaining unanimous votes to deny,the variance request is denied. 5