01/08/2014 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS Decision: Denial of an Appeal of the Building Commissioner's Decision Appellants: Robert J. Zammito, et al Proposed Aquaculture Farm off 36 Popponesset Island Road Mashpee, MA 02649 A-2014-01 Attorney Wall stated this type of project like any other commercial operation requires multiple permits from multiple boards. The license the Selectmen gave Mr. Cook was the license to use the land. He stated an example is Chapter 91 regarding docks,would require a Town wetlands pennit, a State wetlands permit, and sometimes zoning relief. A license from the State waterways division license pen-nit to use land of the Commonwealth and assessed a fee based upon how much of the land occupied, and that division also makes sure the public rights are not interfered. The license the Selectmen gave Mr. Cook was similar, and gave him the right to use that public land exclusively to the exclusion of all others for purposes of shellfish. Attorney Wall stated nothing has changed in the Petition since the last proposal two years ago, but wanted the Board to take a new look and give a fair hearing. The legal arguments are basically the same, but have been refined because of the process from the Board. The new and additional argument is the use of the Town boat landings in a residential zone. Mr. Cook approached the Board and stated that Attorney Wall presented the same issues and will give him another avenue of appeal. The Board decided to review the proposal with Town Counsel prior to returning to the Board on January 22,2014. Mr. Blaisdell,made a motion to continue,yes,Mr. Furbush seconded, yes, Mr. Reiffarth, yes, Mr. Jodka, yes, Mr. DeBarros, yes, Mr. Goldstein, yes. All were in favor. On Wednesday, January 22, 2014 Public Hearings were held on the Petition at the Mashpee Town Hall at which time the following members of the Board were present and acting throughout, Vice Chairman, William A. Blaisdell, Board Members Ronald S. Bonvie, Richard J. Jodka, and Associate Members, Domingo K. DeBarros and Scott Goldstein. Chairman, Jonathan Furbush was absent. Attorney Brian Wall representing the Appellants, returned to hear the Decision made by the Board on the subject Petition. Board Member,Mr. Bonvie stated he was not present at the January 8,2014 hearing on the subject petition,but read the minutes and can vote. Mr. Blaisdell asked the audience if anyone wanted to address the Board. 3