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a <br />Town of Mashpee <br />w Creat✓deck Road .1%rlh <br />Mashpee, Wassachusetts 02649 <br />MASHPEE ZONING BOARD OF APPEALS <br />SEPTEMBER 14, 2011 <br />MINUTES <br />The Mashpee Zoning Board of Appeals held Public Hearings on Wednesday, September <br />14, 2011 at 7:00 p.m. (Conference Room #1) at the Mashpee Town Hall, 16 Great Neck <br />Road North. Board Members Robert G. Nelson, Jonathan D. Furbush, William A. <br />Blaisdell, James Reiffarth and Ronald S. Bonvie and Associate Board Member Judith M. <br />Horton were present. Associate Board Member John M. Dorsey was.not present due to <br />serious illness. <br />Chairman Robert G. Nelson opened the meeting at 7:04 p.m. and announced that the <br />meeting was being televised live. <br />CONTINUED HEARINGS <br />Leslie A. Waener Caffyn; et al: Request Appeal under Massachusetts General Laws <br />Chapter 40A Sections 8 and 15 of the Building Commissioner's Decision regarding his <br />enforcement jurisdiction on the proposed offshore aquaculture farm on property abutting <br />an R-3 zoning district at 10 Popponesset Island Road (Map 105 Parcel 267A) Mashpee, <br />MA. Appellants request reversal of the Building Commissioner's Determination and <br />issue a ruling that the proposed aquaculture grant is subject to, and prohibited by, the <br />Town's By-laws. Petition closed to public testimony and continued from August 10, <br />2011 Public Hearings. <br />Sitting: Board Members Robert G. Nelson, Jonathan D. Furbush, William A. Blaisdell, <br />James Reiffarth and Ronald S. Bonvie. <br />Mr. Nelson said that the Board has received considerable documentation regarding this <br />Petition from Attorney Costello and from Attorney Wall over the past few weeks, which <br />the Board has had sufficient time to review. Mr. Nelson asked each of the Board <br />Members to make a statement and/or ask a question regarding the Petition. He expressed <br />confidence that a Decision will be rendered at tonight's meeting. <br />Mr. Bonvie stated that he has read all of the correspondence and believes it has come <br />down to a legal issue. He said that he concurs with Town Counsel's opinion that the <br />matter does not fall under the Building Inspector's enforcement jurisdiction, nor is it <br />prohibited by the Town's By-laws. <br />Mr. James Reiffarth agreed with Mr. Bonvie's statements and said that Town Counsel <br />has submitted all of the information that the Board needs to make an informed Decision. <br />• Mr. Blaisdell agreed with Mr. Bonvie and Mr. Reiffarth. He said that he concurs with <br />Town Counsel advice and with the Building Inspector's Determination that the <br />Aquaculture Grant is situated in an area of Popponesset Bay, which is owned and <br />