12/12/2018 ZONING BOARD OF APPEALS ZBA Decision

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MASHPHE ZONING BOARD OF APPEALS DECISION FOR A VARIANCR Gooseberry Island Trust&SN Trust Robert D.Emmeluth,'hwstee of Gooseberry Island 0 Goosebeny Island(Map 100,Parcel".R), Masbpee,MA 02649 V-2018-61 Attorney Wall said that the Tribe claims that their shellfish aquaculture grant prohibits the bridge from crossing the channel is not valid;Ile disagrees because the statute that the shellfish constable read says that the Tribe has exclusive rights to plants 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 lies not been proposed so those concerns are speculative acrd not before the Board.The bridge will be suf clently 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,W.Wall said his client's intention right now is to have one single- family dwelling, Chairman Forbush closed the comment session and instructed the Board members that itwas time to vote . The Beard, upon review of the testimony and evidence,.determined that the proposed Variance would not advance the Town's inteuest in maintaining the public safety In Auther 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 modon•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-]awe requiring frontage on a street and direct access to apaved town,county or state road or street as defined in said Section in order to construct a single family residence onpropwW located in an R 3 Zoning District at 0 Gooseberry Island,(Map 100, Parcel 64)-R),Mashpee,MA and voted as follows.Ms.Sharon Sangeleer,denied,no,Mr. Bradford H,Pittsley,denied,no,Mr Norncan L Gould,denied,no,W. Scott Goldstein, denied,no,and Mr.Jonathan D.Fwbusk denied,no.Failing to obtain a supermajority of votes lathe aWmative,and in fact obtaining unanimous votes to deny,the variance request Is denied. S