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10/09/2013 ZONING BOARD OF APPEALS Decision
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10/09/2013 ZONING BOARD OF APPEALS Decision
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4/3/2023 4:32:50 PM
Creation date
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Mashpee_Meeting Documents
Board
ZONING BOARD OF APPEALS
Meeting Document Type
Decision
Meeting Date
10/09/2013
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MASHPEE ZONING BOARD OF APPEALS <br /> Robert D. Emmeluth, Trustee <br /> 0 Gooseberry Island, (Map 100 Parcel 6-0-R) <br /> Mashpee, MA 02649 <br /> V-2013-44 <br /> Board of Health Comments: <br /> October 9, 2013 emailed received from Glen Harrington, Mashpee Health Agent; <br /> "The October 4, 2013 plan depicts a septic system that is 100' from wetland but it does not <br /> meet the BOH 150' setback requirement for a coastal bank. A potable well must be proven <br /> before a building permit is issued. The BOH well setback requirement is 150'. This will be <br /> treated as new construction as no septic permits exist or evidence of previous occupied <br /> dwellings on the Island exist in BOH records". <br /> Harbormaster Comments: <br /> October 7, 2013 emailed received from Stephen Mone, Harbormaster stating; he <br /> wanted to know how the occupants would access the island, a dock on island, a dock on <br /> mainland,or bridge. He also stated the Tribe has a working shellfish grant around the island <br /> that may restrict access. <br /> Public Comments: <br /> Vice Chairman, Mr. Blaisdell read letters submitted to the Board by abutters that <br /> reside at 70 Punkhorn Point Road, 77 Punkhorn Point Road, 79 Punkhorn Point Road, 85 <br /> Punkhorn Point Road and 89 Punkhorn Point.Road that were in favor of the proposed <br /> project. <br /> Several abutters and Representatives of the Mashpee Wampanoag Tribe were <br /> present and addressed the Board and spoke in opposition. Jessie (Little Doe) Baird, Vice <br /> Chairman of the Mashpee Wampanoag Tribe stated her concerns the applicant had no <br /> regard for conditions of the Island or the shellfish grant. Attorney Charles Savon, <br /> representing his client that resides at 84 Punkhorn Point Road opposed stating this variance <br /> is a "self-imposed" hardship and does not qualify under case law as a hardship and <br /> inconsistent with the bylaw of a lot fronting a street. Tribal Chairman, Cedric Cromwell <br /> approached the Board stating he is strongly against the proposal besides safety and health <br /> is environment concerns for Popponesset Bay. John Weltman, of 80 Punkhorn Point Road <br /> spoke in opposition regarding safety issues. George Green, Assistant Director of the <br /> Natural Resource Department for the Tribe is opposed to the project and described the <br /> detail of the shellfish grant and hope to reach the 90% TMDL benchmark lowering sewer <br /> costs for the Town. <br /> General Findings: <br /> Gooseberry Island consists of 3.9 acres. <br /> 4 <br />
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