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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
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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 /> Specific Criteria: <br /> §174-12 Location of Building on Lots; Street Layout: <br /> No building shall be erected except on a lot fronting on a street, and there <br /> shall be not more than one (1) principle building on any residential lot, <br /> except as allowed under this chapter. For the purpose of adequate access to <br /> a parcel of land proposed for subdivision or division,there shall be required <br /> direct access from the parcel or lot to a paved town, county or state road or <br /> a street for which a road covenant has been released by the Planning Board <br /> or a street having a right-of-way layout and construction meeting at least <br /> the minimum layout width, pavement, drainage and other street <br /> requirements of the Mashpee Subdivision Regulations and Planning Board <br /> for subdivision streets. <br /> Mr. Furbush concluded stating the several concerns with this project were medical <br /> emergencies,public safety,the question of hardship and the Tribe's comments on the effect <br /> of the oyster beds and septic system. <br /> The Board, upon review of the testimony and evidence, determined that the <br /> proposed Variance would not advance the Town's interest in maintaining the public safety <br /> in further grant of Variance would in fact derogate from the underline purpose and intent <br /> of the Zoning By-laws. <br /> In view of the foregoing,the Board made a motion on October 9,2013 at the Public <br /> Hearings of the Zoning Board of Appeals and voted as follows: Mr. Jonathan D. Furbush, <br /> denied,Mr. William A. Blaisdell, denied,Mr. James Reiffarth, denied, Mr. Richard Jodka, <br /> in favor, Mr. Domingo K. DeBarros, denied, the Petitioner, Robert D. Emmeluth, Trustee, <br /> Gooseberry Island Trust request for a Variance from Article V §174-12 of the Zoning By- <br /> laws requiring frontage on a street and direct access to a paved town, county or state road <br /> or street as defined in said Section in order to construct a single family residence on <br /> property located in an R-3 Zoning District at 0 Gooseberry Island, (Map 100, Parcel 6-0- <br /> R), Mashpee,MA. Referencing plot plan from BSS Design Engineering and Surveying, of <br /> Gooseberry Island, Mashpee, MA prepared for Gooseberry Island Trust dated October 4, <br /> 2013. <br /> 1 <br /> 5 <br />
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