04/25/2012 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS Willowbend Country Club, Inc. 92 Simons Road Mashpee, MA 02649 V-2012-20 General Findiny-s The subject property is located at 92 Simons Road and consists of 16,050 square feet of land. Specific Findings: The Board determined that: 1. due to the unique soil conditions and sloping topography, a literal enforcement of the provisions of the By-law would involve substantial hardship, financial or otherwise, to the Petitioner. 2. desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of such ordinance or By-law due to the following: • out of consideration for abutters, the Petitioner decided to build far less than the 62 units approved by the Planning Board in 2009. • the Petitioner addressed abutters' concerns and agreed to install extensive planting and replace the dilapidated fence. • times of construction and phasing were also mitigated to appease the abutters. • location of the proposal will be more than 300 feet away from the nearest abutter. In view of the foregoing, the Board determined that the Petitioner met the criteria for grant of a Variance. Upon motion duly made and seconded, the Zoning Board of Appeals voted unanimously at the Public Hearings on April 25, 2012 to grant a Variance of 4 feet from the height requirements and a Variance from the number of stories to allow for the proposal. This Decision is conditioned upon compliance with Judd Brown Designs, Inc./Jefferson Group Architects, Inc. — Warwick, RI building plan dated February 26, 2009 and Baxter Nye Engineering& Surveying plan Date: 02-25-08: Site Location: Villa Units Simon's Road Willowbend Country Club Mashpee, Massachusetts. 2