12/12/2018 ZONING BOARD OF APPEALS ZBA Decision

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MASHPEB ZONING BOARD OF APPEALS DECISION FOR A VARIANCE Gooseberry Island Trust&SN Trust Robert D.Er ameluth,Trustee of Gooseberry Island 0 Gooseberry Island(Map 100,parcel 6-0-R),' Mashpes,MA 02649 V-2018-61 : Attorney Wall said that in order to render the island eligible for a building pm nit, the two trusts need three variances as listed In the public notices.Under§17412 requires a street,and the island has no street,§174-31 requires 150 ft of frontage on a street,and §174-32 require property to have an ua-obstructive paved access roadway within 150 ft of ; the fluthestpoint of any building on a property,and the purpose ofthis is to provide access for fat responders and fire trucks.The Trust applied for these same three variances back in 2013 but no bridge was proposed.The applicants at that time where proposing to access the property by boat and have just a house. At the hearings back in 2013, the Zoning Board expressed concerns with the Inability of fust responders to access the property. They were concerned about public safety,fire protection,and a possible medical emergency.The Board denied the request for variance for those reasons. Chairman Forbush 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 t4kes the matter under advisement.WWall 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. • f Town AtWnuey,Kate Conno,11y said she had tried that case.Tine judge has not issued a decision,and the ownership issue is still in question. Tho Town took a less active roll, but claimed a portion of the property.Two of the abutters on that road tools 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 ou this. Attomey Wall said that the bridge has been through the DEP hearing process and was denied.That decision is currently under appeal in Superior Court, Board Member,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. - 2