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Emmeluth, Trustee v. Furbush, et al. (Zoning Board of Appeals) Barnstable Superior Court No. BACV2013-00579 This is a G.L. c.40A, §17 appeal of three decisions of the Zoning Board of Appeals which denied the petitions of Robert Emmeluth, Trustee of the Gooseberry Island Trust for 3 variances necessary to construct a single-family dwelling on property owned by the Trust. A notice of appearance has been filed on behalf of the ZBA. The case has been placed on hold by the Court, pending resolution of related Land Court actions wherein the plaintiff's title to a portion of the subject premises has been challenged. Fish, et al. v. Town of Mashpee Board of Appeals, et al. Barnstable Superior Court No.1472CV00594 This is an appeal pursuant to M.G.L. c.40A, § 17 from a decision of the Town of Mashpee Zoning Board of Appeals filed on November 20, 2014 regarding construction and operation of an auto body shop at 89 Industrial Drive. We have filed a Notice of Appearance on behalf of the ZBA, and will be merely monitoring the progress of this appeal. The Court has scheduled a two-day trial for April 10 and 11, 2017. We will take an inactive role in the trial, but will attend to represent the Board of Health Agent who has been called as a witness to testify. Gooseberry Island Trust and SN Trust Office of the Appeals and Dispute Resolution OADR Docket No. WET-2015-016 — DEP File No. SE-43-2773 This is an appeal of by an applicant of the Superseding order of Conditions ("SOC") issued by the Department of Environmental Protection's ("DEP") Southeast Regional Office ("SERO") on June 30, 2015 upholding the Mashpee Conservation Commission ("Commission") denial Order of Conditions ("OOC") for Gooseberry Island Trust's proposed the construction of a 200 linear foot timber bridge extending from the east end of Punkhorn Point Road to Gooseberry Island. On July 14, 2015 the Applicant filed a request for adjudicatory hearing. The Parties filed pre -filed direct testimony of its fact and expert witnesses. A hearing was conducted in December 7, 2015 at which DEP agreed with the Applicant that the revised Plan was acceptable to DEP. The Commission and other parties objected. The Parties filed post -hearing briefs on the issue of whether the Commission's decision was timely as well as on the substantive plan change and other grounds in December 2015, and are still awaiting a decision of the Presiding Officer. Mashpee v. Emmeluth, Trustees of SN Trust Land Court No.14 MISC 486868 This is an action commenced by the Town of Mashpee on October 3, 2014 asserting claims to Try Title, Quiet Title and for Declaratory Relief to resolve a title dispute with respect to a parcel of marsh land located on Punkhorn Point in the vicinity of Gooseberry Island. The parties' adversary claims of title became apparent when the defendant applied to the Conservation Commission for an Order of Conditions to construct a bridge on and over a portion of marshland presumed for decades to have been owned by the Town. A related action filed by private abutters to the subject marshland has been consolidated with this case for procedural purposes by the Land Court. Discovery has been substantially completed, including the depositions of experts. A trial has been scheduled by the Court to commence on June 5, 2017. Ryan v. Mashpee Zoning Board of Appeals and Michael Bloom, et al. Barnstable Superior Court No. BACV2013-00657 This action is an appeal pursuant to G.L. c.40A, § 17 from 3 Decisions of the Zoning Board of Appeals granting a Special Finding and Variances with respect to the property at 17 Overlook Knoll Road, Mashpee. On January 16, 2014, this office filed a Notice of Appearance on behalf of the Board. The Board has provided initial discovery responses, however, hereafter we will assume a passive defense role in light of the co-defendant Blooms' retention of counsel to defend the issuance of zoning relief. The trial of this case was scheduled for November 28, 2016, however, the co-defendants agreed to withdraw their request for zoning relief and the case was accordingly dismissed by stipulation. This matter is now closed. Trustees of the Pheasant Run Condominium Trust v. Susan Palermo v. Town of Mashpee, et al. Falmouth District Court No.1589CV0064 This is an action by the organization of unit owners of a condominium pursuant to M.G.L. c. 183A, §§ 6(a) and c. 254, §§ 5 and 5A, to establish and enforce a lien for unpaid common expenses. The Town has filed an Answer asserting its tax lien claim, and intends to merely monitor this action as an interested party. 162