04/25/2012 ZONING BOARD OF APPEALS Decision

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Town of Nfashpee , 16 Creat rXeck 1 oad Albrlh 1)2asicpee,Mossachusetts OP.649: MASHPEE ZONING BOARD OF APPEALS DECISION FOR A VARIANCE V-2012-20 Willowbend Country Club, Inc. Registry of Deeds Title Reference: 92 Simons Road Book: 7758 Page: 180 Mashpee, MA 02649 Map 62 Parcel 170 A Petition was filed on March 29, 2012 by Willowbend Country Club, Inc. requesting a Variance from Section 174-31 of the Zoning By-laws to vary the number of stories and the height requirements to allow for construction of a six-unit building containing three stories with a maximum height of 39 feet on property located in an R-3 zoning district at 92 Simons Road (Map 62 Parcel 170) Mashpee, MA. Notice was duly given to abutters in accordance with Massachusetts General Laws Chapter 40A. Notice was given by publication in The Mashpee Enterprise, a newspaper of general circulation in the Town of Mashpee, on April 6, and April 13, 2012 a copy of which is attached hereto and made a part hereof. Public Hearings were held on the Petition at the Mashpee Town Hall on April 25, 2012. The following members of the Board were present and acting throughout: Board Members Jonathan D. Furbush, William A. Blaisdell, and James Reiffarth and Associate Members John M. Dorsey and Judith M. Horton. The Mashpee Zoning Board of Appeals issues this Decision pursuant to the provisions of Massachusetts General Laws Chapter 40A §10 and the Town of Mashpee Zoning By-laws. Attorney Jack McElhinney represented the Petition. The Board previously granted Variance relief on each of the parcels at 84 Simons Road, 92 Simons Road, 100 Simons Road and 9 Fin Me Oot. Because of the sluggish real estate market, the Petitioner was unable to commence construction. The Variance is due to expire and the Petitioner is once again requesting a Variance. Plans call for construction of one three- story building on each of the above-referenced properties. Each building will contain six villa units. Attorney McElhinney requested a Variance of four feet from the height requirements and a Variance from the number of stories to allow for the proposal. The current owner of Willowbend Country Club, Inc., has entered into an agreement to sell the Club along with the remaining unsold real estate to Southworth Development. No comments were received from abutters.