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-2018-61 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 at the DEP level 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 said as one member he is uncomfortable with conditioning anything for these variance requests. The Board read the Town Department comments into the record. Mr. George Green, the Director of Natural Resources with the Mashpee Wampanoag Tribe, voiced his concerns on behalf of the Tribe with this project. He said the Tribe opposes granting the proposed Variances. The bridge would interfere with their aquaculture project. At extreme low tide,the tide is about 1.5 ft. to 2 ft. deep,and at a mean high tide,the tide is 5.5 to 6 ft. Fire Chief, Thomas Rullo addressed the Board and submitted a letter he sent to Matthew Haney dated August 17, 2018 that was read into the record. Mr. Furbush asked the same question he asked five years ago, if there is an emergency on the island, how would the Fire Department respond? Fire Chief Rullo said there is no method to get across the waterway. The Fire Chief stated he would not be able to handle any crisis, either fire or medical. Mr. Furbush spoke to the Board and said that not being able to respond to an emergency could cause the Town legal issues. There's no clear ownership title to the land on the mainland, and there's no clarity from Conservation to allow the bridge to be built. Scott Goldstein asked the Fire Chief if the apparatus could turn around. Fire Chief Rullo said the approach would have to be addressed for his apparatus to be able to turn around sufficiently. 3