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Gooseberry Island Trust and SN Trust of marshland presumed for decades to have been Office of the Appeals and Dispute Resolution owned by the Town. A related action filed by private OADR Docket No. WET-2015-016 — DEP File No. abutters to the subject marshland has been consolidated SE-43-2773 with this case for procedural purposes by the Court.A This is an appeal of by an applicant of the three-day trial was conducted in June 2017 which was Superseding order of Conditions("SOC")issued by the continued to August 29,2017.The Court required the Department of Environmental Protection's ("DEP") parties file post-trial briefs or proposed findings of fact Southeast Regional Office("SERO")on June 30,2015 and rulings of law and heard closing arguments on upholding the Mashpee Conservation Commission January 25, 2018. We are now awaiting final ("Commission") denial Order of Conditions ("OOC") disposition of the claims by the Court. for Gooseberry Island Trust's proposed the construction of a 200 linear foot timber bridge McBrien v.Zoning Board of Appeals extending from the east end of Punkhorn Point Road Barnstable Superior Court No. 1772CV00389 to Gooseberry Island. On July 14,2015 the Applicant This is an action seeking modification of a filed a request for adjudicatory hearing. A hearing was Comprehensive Permit issued to a developer in 2004 conducted in December 7,2015 at which DEP agreed brought by the current owner of the unit. The Board with the Applicant that the revised Plan was acceptable denied the request and plaintiff filed a complaint to DEP. The Commission and other parties objected. appealing that denial.We have filed a motion to dismiss The Parties filed post-hearing briefs on the issue of the complaint because the Board has no authority under whether the Commission's decision was timely as well the applicable statutes to modify a Comprehensive as on the substantive plan change and other grounds in Permit issued to a different party and the plaintiff knew December 2015. On June 16, 2017 the Presiding of the enforceable restrictive covenant when she Officer issued a Recommended Final Decision which purchased the unit.The Court has scheduled a hearing was signed into a Final Decision on June 22,2017 by on the motion for February 8,2018. the DEP Commissioner (1) affirming the DEP's SOC denying Petitioner's original proposed project because MEZ Realty Inc. and Matthew Haney., Manager they waived any objections to the SOC by submitting Lakeside Estates v. Mashpee Board of Health a revised project plan in the proceedings and (2) Barnstable Superior Court No.1772CV116 denying review and approval of Petitioner's revised This is an appeal of fines imposed on owners and project plan pursuant to the DEP's Plan Change policy operators of a manufactured housing park for removal because their proposed steel bridge alternative is of trailer units for failing to perform requisite asbestos substantially different from their originally-proposed surveys,failing to conduct a rodent control inspection, timber bridge and it increases wetland impacts to Salt failing to remove asbestos containing material from one Marsh and Land Containing Shellfish. The Presiding trailer,illegally transporting and disposing of asbestos Officer also found that the Commission issued its containing material.The Department of Environmental decision more than 21 days after the close of the Protection has taken over some of the investigation.We hearing,thus the appeal of the SOC was not barred.The entered into settlement negotiations with the Plaintiffs applicant had until July 22, 2017 to appeal and and their attorney whereby they agreed to conduct indicated an intention to do so, but did not. A new certain restoration work but we have not finalized a application for an Order of Conditions may be filed. settlement. Mashpee v.Trustees of SN Trust 25 Overlook Knoll. LLC v. Mashpee Board of Land Court No.14 MISC 486868 Health This is an action commenced by the Town of Barnstable Superior Court Civil Action No. 1772 Mashpee on October 3, 2014 asserting claims to Try CV 000496 Title,Quiet Title and for Declaratory Relief to resolve This is an abutter's appeal of the Board of a title dispute with respect to a parcel of marsh land Health's grant of a Disposal Works Construction Permit located on Punkhorn Point in the vicinity of pursuant to 310 CMR 15.00 et seq.,claiming the Board Gooseberry Island. The parties' adversary claims of failed to conduct a hearing and that it granted the title became apparent when the defendant applied to permit without a hearing. The complaint also names the Conservation Commission for an Order of Health Agent Glen Harrington as a defendant,therefore Conditions to construct a bridge on and over a portion we filed an answer on behalf of Mr. Harrington. This 163