10/09/2013 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS OCTOBER 9, 2013 MINUTES NEW HEARINGS Robert D. Emmeluth, Trustee: Requests a Variance from Article V §174-12 of the Zoning By-laws requiring frontage on a street and direct access to a paved town, county or state road or street as defined in said Section in order to construct 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. Robert D. Emmeluth, Trustee:: Requests a Variance from Article V §174-31 of the Zoning By-laws requiring a 150' of frontage on a street in order to construct 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. Robert D. Emmeluth, Trustee:: Requests 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. Attorney Kevin Kirrane represented the Petitioner, Gooseberry Island Trust in connection • with the application for variance relief. Kevin handed the Board an outline of his remarks relative to the application and photographs of the actual Island taken from various locations surrounding the Island. He stated that Mathew Haney who is related to the Trustees was present to answer any questions. Mr. Kirrane stated the applicant is seeking relief from the requirements of frontage and fire protection access as said forth in the zoning by-laws. The Island has existed before the adoption of Zoning in the Town and before the adoption of frontage. In the past it was the site of small cottage or camp 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 referenced Sections 174-12, 174-31 and 174-32 which are the applicable Sections of the By-laws that require buildable lots and frontage on a street and access to a paved surface. Mr. Kirrane stated in his outline, Exhibit A depicts a copy of the land court decree plan dating back to 1954 which shows a structure situated in the middle of the Island. He also included Exhibit B of an Affidavit of Robert J. Nelson, Jr. who owned the property for more than 50 years and indicated the use of the property and how it was accessed. 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 Punkhom Point Road that were granted similar relief. 2