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iow,vr <br /> Twn cif Mashpee <br /> s6z e <br /> 3lashpee;Massachusetts 02649 <br /> MASHPEE ZONING BOARD OF APPEALS <br /> DECISION FOR A VARIANCE <br /> V-2013-44 <br /> Robert D. Emmeluth, Trustee of Certificate of Title# 195170 <br /> Gooseberry Island Trust Plan#: 25209-A <br /> c/o Boudreau &Boudreau <br /> 0 Gooseberry Island <br /> Map 100 Parcel 6-0-R <br /> A Petition was filed on August 29,2013 requesting a Variance from Article V§174- <br /> 12 of the Zoning By-laws requiring frontage on a street and direct access to a paved town, <br /> county or state road or street as defined in said Section in order to construct a single family <br /> residence on property located in an R-3 Zoning District at 0 Gooseberry Island, (Map 100, <br /> Parcel 6-0-R), Mashpee, MA. <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 September 20, 2013 and September 27, <br /> 2013 a copy of which is attached hereto and made a part hereof. <br /> On October 9, 2013, Public Hearings were held on the Petition at the Mashpee <br /> Town Hall at which time the following members of the Board were present and acting <br /> throughout: Chairman, Jonathan D. Furbush, Vice Chairman, William A. Blaisdell, Board <br /> Members, James Reiffarth and Richard Jodka, and Associate Member, Domingo K. <br /> DeBarros. <br /> The Mashpee Zoning Board of Appeals issues this Decision pursuant to the <br /> provisions of Massachusetts General Laws Chapter 40A §9 and the Town of Mashpee <br /> Zoning By-laws. <br /> Attorney Kevin Kirrane representing the Petitioner, Gooseberry Island Trust in <br /> connection with the application for variance relief. Kevin handed the Board an outline of <br /> his remarks relative to the application including photographs of the actual Island taken <br /> from various locations. <br /> Mr. Kirrane stated in his outline, Exhibit A depicts a copy of the land court decree <br /> plan dating back to 1954 which shows a structure situated in the middle of the Island. He <br /> also included Exhibit B of an Affidavit of Robert J. Nelson, Jr. who owned the property <br /> for more than 50 years and indicated the use of the property and how it was accessed. <br /> 1 <br />