10/09/2013 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS Robert D. Emmeluth, Trustee 0 Gooseberry Island, (Map 100 Parcel 6-0-R) Mashpee, MA 02649 V-2013-44 Exhibit C of the outline is an email from former Fire Chief George W. Baker, dated August 12, 2013 stating he does not object to the construction of one single-family residential structure on the lot provided upon submitting a condition relative to the installation of sprinklers within the particular dwelling. Mr. Kirrane also attached Exhibits D and D-1, Variance Decisions issued by the Zoning Board relative to properties located at 80 and 84 Punkhorn Point Road that were granted similar relief. Mr. Kirrane stated the applicant is seeking relief from the requirements of frontage The Island has existed before the adoption of zoning in the Town and before the adoption of any frontage requirements pursuant to zoning by-laws in the Town.The Island is situated in a residentially zoned area and in the past was the site of small cottage or camp that was used by the previous owners and current owners.Although no structure exists today,it was used in the past years for fishing, hunting and other recreational activity. Mr. Kirrane stated that variances are difficult to obtain and there is certain criteria the Board must consider. The first relates to soil conditions, shape or typography of the land or structures which especially effect this particular lot and not generally affecting the Zoning District that this lot or parcel is located. In addition,the applicant should be able to demonstrate the existence of a hard-ship, and finally the relief be granted without substantial detriment to the public good or without nullifying or substantially derogating from the intent of the by-law. Mr. Kirrane stated the lot itself is in excess of 3 acres and the proposed dwelling to be located on the lot would conform in all other respects to Zoning requirements and obviously there would be a need for the applicant to submit plans to Conservation and Board of Health when the time arises to propose a single-family dwelling on the lot. He also mentioned the submitted plan shows the approximate location of the dwelling and where it would be situated. Conservation Comments: October 4, 2013 emailed received from Andrew McManus, Conservation Agent; "This will require a filing with the Conservation Department- Certified delineations of flood zone(s), coastal banks, salt marsh, bordering vegetated wetlands and/or any rare species habitat(s) must be supplied to the Conservation Commission for any and all disturbances within 100 feet of the aforementioned wetland resource areas- ref. Chapter 172-1 of the Mashpee wetland by-law&310 CMR 10.00- State Wetlands Protection Act." 2