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16 Great Aleck &ad u\ronh
<br />h1ashpee, Massachusetts 02640
<br />MASHPEE ZONING BOARD OF APPEALS
<br />JANUARY 22, 2014
<br />MINUTES
<br />The Mashpee Zoning Board of Appeals held Public Hearings on Wednesday, January 22,
<br />2014, at 6:00 p.m. in the Waquoit Room at the Mashpee Town Hall, 16 Great Neck Road
<br />North. Board Members, William A. Blaisdell, Ronald Bonvie, Richard Jodka, and
<br />Associate Members Domingo K. DeBarros and Scott Goldstein were present. Chairman,
<br />Jonathan Furbush, and Board Member, James Reiffarth were absent.
<br />Vice Chairman, William Blaisdell announced that the meeting was being televised live on
<br />local Mashpee television.
<br />PLEDGE OF ALLEGIANCE
<br />CONTINUED HEARINGS
<br />• Robert J. Zammito: Request Appeal of the Building Commissioner's Decision regarding
<br />his enforcement jurisdiction on the proposed offshore aquaculture farm on property
<br />abutting an R-3 Zoning District at 36 Popponesset Island Road, (Map 106 Parcel 22),
<br />Mashpee, MA. Appellants request reversal of the Building Commissioner's Determination
<br />and issue a ruling that the proposed aquaculture grant is subject to, and prohibited by, the
<br />Town's By-laws. (Continued from January 3, 2014 hearings).
<br />Attorney Wall approached the Board representing the appellants of the petition continued
<br />from January 3, 2014 hearings when he gave a full presentation. The Board asked for a
<br />continuance to consult with Town Counsel.
<br />Mr. Blaisdell stated he wanted to hear from the audience prior to discussing his opinions.
<br />Attorney John Burke, 14 Crestview Drive, Harwich, MA approached the Board and stated
<br />he represents Popponesset Island LLC, and his client's property located at 70 Popponesset
<br />Island Road on the easterly side of the Island directly facing west of the proposed
<br />Aquaculture Grant. At his client's request, he was asked to give an independent opinion
<br />regarding two issues that were not covered in Attorney Wall's presentation. He submitted
<br />a letter dated January 22, 2014, and summarized his opinion. He stated one issue is the
<br />comprehensiveness of the zoning by-law of the Town whether or not it is comprehensive
<br />enough that it covers all of the Town or only part of the Town. The second issue is whether
<br />or not the section in the by-law detennines district boundaries. He said he spoke to the
<br />Building Commissioner to re -confirm his statement that the aquaculture grant was not
<br />subject to zoning because the zoning didn't apply below the extreme low-water mark.
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<br />Town of'hlashpee
<br />A
<br />16 Great Aleck &ad u\ronh
<br />h1ashpee, Massachusetts 02640
<br />MASHPEE ZONING BOARD OF APPEALS
<br />JANUARY 22, 2014
<br />MINUTES
<br />The Mashpee Zoning Board of Appeals held Public Hearings on Wednesday, January 22,
<br />2014, at 6:00 p.m. in the Waquoit Room at the Mashpee Town Hall, 16 Great Neck Road
<br />North. Board Members, William A. Blaisdell, Ronald Bonvie, Richard Jodka, and
<br />Associate Members Domingo K. DeBarros and Scott Goldstein were present. Chairman,
<br />Jonathan Furbush, and Board Member, James Reiffarth were absent.
<br />Vice Chairman, William Blaisdell announced that the meeting was being televised live on
<br />local Mashpee television.
<br />PLEDGE OF ALLEGIANCE
<br />CONTINUED HEARINGS
<br />• Robert J. Zammito: Request Appeal of the Building Commissioner's Decision regarding
<br />his enforcement jurisdiction on the proposed offshore aquaculture farm on property
<br />abutting an R-3 Zoning District at 36 Popponesset Island Road, (Map 106 Parcel 22),
<br />Mashpee, MA. Appellants request reversal of the Building Commissioner's Determination
<br />and issue a ruling that the proposed aquaculture grant is subject to, and prohibited by, the
<br />Town's By-laws. (Continued from January 3, 2014 hearings).
<br />Attorney Wall approached the Board representing the appellants of the petition continued
<br />from January 3, 2014 hearings when he gave a full presentation. The Board asked for a
<br />continuance to consult with Town Counsel.
<br />Mr. Blaisdell stated he wanted to hear from the audience prior to discussing his opinions.
<br />Attorney John Burke, 14 Crestview Drive, Harwich, MA approached the Board and stated
<br />he represents Popponesset Island LLC, and his client's property located at 70 Popponesset
<br />Island Road on the easterly side of the Island directly facing west of the proposed
<br />Aquaculture Grant. At his client's request, he was asked to give an independent opinion
<br />regarding two issues that were not covered in Attorney Wall's presentation. He submitted
<br />a letter dated January 22, 2014, and summarized his opinion. He stated one issue is the
<br />comprehensiveness of the zoning by-law of the Town whether or not it is comprehensive
<br />enough that it covers all of the Town or only part of the Town. The second issue is whether
<br />or not the section in the by-law detennines district boundaries. He said he spoke to the
<br />Building Commissioner to re -confirm his statement that the aquaculture grant was not
<br />subject to zoning because the zoning didn't apply below the extreme low-water mark.
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