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request would fit as an ANR and Mr. Rowley confirmed that it was allowable due to the <br /> frontage, and as long as suitable access was available. <br /> MOTION: Mr. Balzarini made a motion to approve this ANR plan. Mr. Fulone seconded <br /> the motion. All voted unanimously. <br /> SPECIAL PERMIT <br /> Applicant: Southworth Mashpee Properties LLC <br /> Location: Willowbend Glen Condominium located on North Glen Drive, Unit #16 <br /> Request: Minor modification to permit the continuance of a 16 year old <br /> encroachment of the landscaping, fencing and retaining wall into an area designated <br /> as open space on the relevant Special Permit Plans. Applicant proposes equal swap. <br /> The Chair read the request for the record and Southworth Properties attorney, Jack McElhinny, <br /> was present, remotely, to discuss the matter on behalf of the homeowner. Mr. McElhinny stated <br /> that the property was constructed in 2002/2003 with a large, 5 foot tall boulder retaining wall and <br /> fence. During a survey for a potential pool addition, it was discovered that the retaining wall, <br /> fence and landscaping encroached 12-15 feet on to the homeowner's property and a buffer space. <br /> The back abutter was the Mashpee Water District. A request was being made for the <br /> encroachment, designated as open space, to swap an equal amount of development land to the <br /> homeowner's land, consisting of approximately 1200 square feet. <br /> MOTION: Mr. Balzarini made a motion that the matter was a minor modification, and <br /> did not require a Public Hearing. Mr. Callahan seconded the motion. All voted <br /> unanimously. <br /> Mr. Balzarini inquired whether there would be impact to any ancient trails. Mr. McElhinny <br /> confirmed that no ancient ways, existing on the Water District property, would be touched, <br /> adding that many of the trails were overgrown. Mr. Balzarini noted that Willowbend was <br /> responsible for maintaining the trails. The Chair described the parcel, as he viewed it, and <br /> confirmed that the area behind the home consisted only of trees and regular growth. Mr. <br /> McElhinney suggested that many of the trails had gone dormant, but there would be no impact <br /> by the homeowner to any existing trails. Mr. Lehrer referenced the drafting of the decision and <br /> inquired about the proposed swap area, and Mr. McElhinney confirmed the area would total <br /> 1,256 square feet. Mr. Hansen inquired whether a swimming pool could negatively impact the <br /> soil and retaining wall. Mr. Rowley responded that the water would be less dense, but that it <br /> would depend upon the distance. Mr. McElhinney confirmed that the pool would be in-ground, <br /> that they would be hiring an engineer and would need to satisfy the Building Inspector. Mr. <br /> McElhinney confirmed that the pool area would extend to the retaining wall. <br /> Mr. Rowley inquired about plans for Board signature and Mr. McElhinney noted that the lot line <br /> would remain, but an easement would be created. Mr. Rowley inquired whether the plan would <br /> be recorded and Mr. McElhinney confirmed that it would and that it would be stamped by the <br /> land surveyor. Mr. Rowley asked that the stamped plans be provided to the Planning Board, to <br /> be added to the file. Mr. Lehrer requested that the plans be provided prior to the next meeting of <br /> the Planning Board. <br /> 2 <br />