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Mashpee Zoning <br />• Board of Appeals Minutes <br />2 March 25, 2009 <br />March 25, 2009. This matter was continued from March 11, 2009 <br />Mr. Slavinsky of Cape & Islands Engineering is back <br />before the Board for the continued hearing. He has <br />discussed the proposal with this client and has submitted <br />new plans to the board. He is requesting a 35.9 foot <br />variance for the pool to be installed 4.1 feet off the street <br />line. <br />Chairman Robert Nelson makes the following comments <br />for the record: <br />After consulting with the Assistant Building Inspector and <br />the Building Inspector that the average setback rule <br />(footnote 6) does not apply because it specifies there must <br />• be a dwelling built — a pool is nota dwelling it is a structure. <br />Therefore, it cannot apply. The Board discusses this further <br />and feels a variance is appropriate. Mr. Nelson makes a <br />motion to grant a 35.9 foot variance to Hamblin Road. <br />Jonathan Furbush seconds the motion. All agree. So moved. <br />Stephen Petrucci: Requests a Variance from Section 174-33 of the Zoning By- <br />laws seeking relief from the 50 feet setback requirement from the coastal bank in <br />order to build a porch and sundeck on property located in an R-3 zoning district <br />at 92 Waterway (Map 105 Parcel 216) Mashpee, MA. <br />Sitting: Robert Nelson, Jonathan Furbush, Peter Hinden and John Dorsey. <br />Stephen Petrucci represents himself at this hearing. He is seeking a <br />variance since he cannot meet the requirement of 50 feet to the <br />coastal bank in order to build a porch and a deck. Conservation <br />• Commission has approved the matter. The Board discusses the plans <br />with the applicant. Mr. Furbush mentions that there is only one <br />