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-2013-46 Specific Criteria: §174-32 Fire protection: To ensure that all buildings shall be accessible to Fire Department apparatus by way of access roadways capable of supporting firefighting apparatus with an all-weather surface roadway, there shall be an unobstructed, paved access roadway of not less than twenty(20') feet with a vertical clearance of not less than thirteen(13') feet six(6")inches with all corners having a minimum inside radius of not less than twenty-eight (28') feet and a minimum outside radius of not less than forty-six (46') feet. Said access roadway shall be constructed to a point not less than one hundred fifty(150') feet from the furthest point of any building on the lot.Where there is a lot with only a one-family dwelling and/or a residential accessory building, such access, where it lies within the lot, may be by a maintained all-weather surface driveway, constructed by any combination and manipulation of soils, with or without admixtures, which produce a firm mass capable of supporting fire apparatus in all weather conditions and having an improved surface width of twelve (12') feet and a cleared width of sixteen (]6') feet. History: Added 5-6 1985,ATM,Article 22,approved by Attorney General 9-12-1985. History: Amended 10-3-1994,ATM,Article 18,approved by Attorney General 1-18-1995. Mr. Furbush concluded stating the several concerns with this project were medical emergencies,public safety,the question of hardship and the Tribe's comments on the effect of the oyster beds and septic system. The Board, upon review of the testimony and evidence, determined that the proposed Variance would not advance the Town's interest in maintaining the public safety in further grant of Variance would in fact derogate from the underline purpose and intent of the Zoning By-laws. In view of the foregoing,the Board made a motion on October 9,2013 at the Public Hearings of the Zoning Board of Appeals and voted as follows: Mr. Jonathan D. Furbush, denied,Mr. William A. Blaisdell, denied,Mr. James Reiffarth, denied, Mr. Richard Jodka, in favor, Mr. Domingo K. DeBarros, denied, the Petitioner, Robert D. Emmeluth, Trustee, Gooseberry Island Trust request for a Variance from Article VII §174-32 of the Zoning By-laws requiring Fire Department apparatus access as defined in said Section to allow for the construction of a single family residence on property located in an R-3 Zoning District at 0 Gooseberry Island, (Map 100, Parcel 6-0-R), Mashpee, MA. 5