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 in order to render the island eligible for a building permit, the two trusts need three variances as listed in the public notices. Under §174-12 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 un-obstructive paved access roadway within 150 ft. of the furthest point of any building on a property, and the purpose of this is to provide access for first 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 first responders to access the property. They were concerned about public safety,fare protection,and a possible medical emergency. The Board denied the request for variance for those reasons. Chairman Furbush mentioned that lie 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. 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