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After a trial in April 2017,the Court issued a decision a title dispute with respect to a parcel of marsh land upholding the ZBA's decision to grant the special per- located on Punkhorn Point in the vicinity of mit, with conditions outlined by the Board of Health, Gooseberry Island. The parties' adversary claims of Building Commissioner and Water District, and dis- title became apparent when the defendant applied to missing plaintiffs' complaint. On February 6, 2018 the Conservation Commission for an Order of plaintiffs filed an appeal of the trial Court's decision. Conditions to construct a bridge on and over a portion Brief were filed by the parties.We are awaiting a deci- of marshland presumed for decades to have been sion from the Appeals Court. owned by the Town. A related action filed by private abutters to the subject marshland has been consoli- Gooseberry Island Trust and SN Trust; dated with this case for procedural purposes by the Office of the Appeals and Dispute Resolution Court. The Court required the parties file post-trial OADR Docket No. WET-2015-016 —DEP File No. briefs and conducted closing arguments on January SE-43-2773 25, 2018. The parties are awaiting a decision by the This is an appeal of by an applicant of the Land Court on the title dispute. Superseding order of Conditions ("SOC") issued by the Department of Environmental Protection's MEZ Realty, Inc. and Matthew Haney, Manager ("DEP") Southeast Regional Office ("SERO") on Lakeside Estates v. Mashpee Board of Health; June 30, 2015 upholding the Conservation Barnstable Superior Court No. 1772CV116 Commission's ("Commission") denial Order of This is an appeal of fines imposed on owners and Conditions("OOC")for the proposed the construction operators of a manufactured housing park for removal of a 200 linear foot timber bridge extending from the of trailer units for failing to perform requisite asbestos east end of Punkhorn Point Road to Gooseberry surveys,failing to conduct a rodent control inspection, Island. failing to remove asbestos containing material from one trailer, illegally transporting and disposing of On July 14, 2015 the Applicant filed a request asbestos containing material. The Department of for adjudicatory hearing. A hearing was conducted in Environmental Protection was initially involved in the December 7, 2015. On June 16, 2017 the Presiding investigation. We filed the record of proceedings and Officer issued a Recommended Final Decision which are awaiting the plaintiffs' brief to which we will file was signed into a Final Decision on June 22,2017 by a response. the DEP Commissioner (1) affirming the DEP's SOC denying Petitioner's original proposed project because Building Commissioner v. Haney (Lakeside they waived any objections to the SOC by submitting Estates a revised project plan in the proceedings and(2)deny- Barnstable Superior Court No. 1672CV00537 ing review and approval of Petitioner's revised project This is an enforcement action pursuant to the plan pursuant to the DEP's Plan Change policy provisions of the state Building Code, 780 CMR 101 because the proposed steel bridge alternative is sub- and 116 (hereinafter "the Code"), G.L. c. 143, §§58 stantially different from their originally-proposed tim- and 59,whereby the Building Commissioner seeks an ber bridge and it increases wetland impacts to Salt Order of the Court compelling the Defendants to rem- Marsh and Land Containing Shellfish. edy violations of the Code and statute at the real prop- erty located at 300 Nathan Ellis Highway, Mashpee, The plaintiffs appealed the decision to Superior MA. The Department of Environmental Protection Court and filed their brief. The other parties will file was initially involved in the inspection of the viola- oppositions by February 1, 2019. The Court will tions. The parties have discussed settlement and have thereafter schedule oral argument once all briefs are continued the case pending settlement discussions. filed. 25 Overlook Knoll, LLC v. Mashpee Board of Mashpee v.Trustees of SN Trust; Health; Barnstable Superior Court; Civil Action Land Court No. 14 MISC 486868 No. 1772 CV 000496 This is an action commenced by the Town of This is an abutter's appeal of the Board of Mashpee on October 3, 2014 asserting claims to Try Health's grant of a Disposal Works Construction Title,Quiet Title and for Declaratory Relief to resolve Permit pursuant to 310 CMR 15.00 et seq. This type 170