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dY . -Allashpee <br /> 16 G cat,)%ch &ad,APordi <br /> AIaslipee; Massachusetts 02649 <br /> MASHPEE ZONING BOARD OF APPEALS <br /> Decision: Denial of an Appeal of the Building Commissioner's Decision <br /> Appellants: Robert J. Zammito, et al <br /> Proposed Aquaculture Farm off 36 Popponesset Island Road <br /> Mashpee, MA 02649 <br /> A-2014-01 <br /> A Petition was filed on November 18, 2013,by Robert J. Zammito,et al.requesting <br /> review under Massachusetts General Laws Chapter 40A, §§8 and 15 of the Building <br /> Commissioner's Decision regarding his Determination not to undertake zoning <br /> enforcement action with respect to the proposed offshore aquaculture grant on property <br /> abutting 36 Popponesset Island Road (Map 106 Parcel 22), Mashpee, MA. Applicants <br /> request reversal of the Building Commissioner's Detennination and ask that the Zoning <br /> Board of Appeals issue a ruling that the proposed aquaculture grant is subject to, and <br /> prohibited by, the Town's Zoning By-laws. <br /> Notice was duly given to abutters in accordance with Massachusetts General Laws <br /> Chapter 40A.Notice was given by publication in The Mashpee Enterprise, a newspaper of <br /> general circulation in the Town of Mashpee, on January 3, 2014 and January 10, 2014 a <br /> copy of which is attached hereto and made a part hereof. <br /> The Mashpee Zoning Board of Appeals ("Board") issues this Decision pursuant to <br /> and in accordance with the provisions of Massachusetts General Laws chapter 40A, §§8 <br /> and 15, and the Town of Mashpee Zoning By-laws. <br /> On Wednesday, January 8, 2014, a Public Hearing was held on the Petition at the <br /> Mashpee Town Hall at which time the following members of the Board were present and <br /> acting throughout, Chairman Jonathan Furbush, Vice Chairman, William A. Blaisdell, <br /> Board Members, James Reiffarth, and Richard Jodka, Associate Members Domingo K. <br /> DeBarros and Scott Goldstein were present. Building Commissioner Richard E. Morgan <br /> was also present. <br /> The Board requested a continuance to review the application with Town Counsel <br /> prior to returning at the next scheduled hearing on January 22, 2014. <br /> Attorney Brian Wall representing the Appellants("Residents Group") consisting of <br /> (21) twenty one individuals who own (11) eleven different properties situated on <br /> Popponesset Island and Daniels Island, in an R-3 Zoning District which is a residential <br /> district, and adjacent from the proposed aquaculture facility they consider commercial in <br /> nature and not allowed. <br /> 1 <br />