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f <br /> � I <br /> i <br /> I <br /> FACTUAL ALLEGATIONS I <br /> I <br /> I <br /> 5. The Plaintiff, Gooseberry Island Trust, is the owner of a 3.9 acre island <br /> I <br /> located in Popponesset Bay in Mashpee known as Gooseberry Island <br /> the "Property").( 1. y ). The Trust's ownership is evidenced by Certificate of <br /> Title No. 195170 recorded in the Barnstable Registry District of the <br /> IILand Court. <br /> 6. The Property is situated in a residential zoning district (R-3). <br /> �I 7. The Trust seeks to build a single family residence on the� g Y Property. <br /> 8. Since the Property is an island entirely surrounded by water, it does not <br /> i <br /> have any -Frontage on a street and is more than 150 feet away from a <br /> paved roadway. <br /> I' <br /> is <br /> 9. Consequently, in order to build a residence, the Trust requires relief <br /> II <br /> ii <br /> from three provisions of the Mashpee Zoning Bylaw; <br /> a. Section 174-12 - which requires the Property to have frontage on a <br /> street; <br /> b. Section 174-31 — which requires the Property to have 150 feet of <br /> frontage on a street; and <br /> c. Section 174-32 — which requires the Property to have an <br /> unobstructed paved access roadway within 150 feet of the furthest W TROY i1T I i <br /> 1LS'SOCIXTLPs point of any building on the Property. <br /> ATTORNEYS AND <br /> COUNSELLORS XP LAW <br /> 1TE 6A <br /> AND' 'iIStACHUSL•79S <br /> <,-1866 <br /> I <br /> PHONE:(506)888-5700 i <br /> I <br /> 3 <br />