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F,10\t'N <br />/ � a <br />Town of Alashpee <br />16 C r-c>at Neck koa(,l JXc)r 1h <br />M(isjipc'c', ,'YIa,SsaCitL4setts 02649 <br />MASHPEE ZONING BOARD OF APPEALS <br />Decision for a Variance <br />RE: John LaCava <br />8 Drew Lane <br />Map 53 Parcel 45 <br />V-09-32 <br />A Petition was filed on September 28, 2009 for a Variance from Section 174-31 <br />of the Zoning By-laws to vary the current setback requirements for an existing inground <br />pool on property located in an R-5 zoning district at 8 Drew Lane (Map 53 Block 45) <br />Mashpee, MA. <br />Notice was duly given to abutters in accordance with Massachusetts General <br />Laws Chapter 40A. Notice was given by publication in The Mashpee Enterprise, <br />a newspaper of general circulation on October 2, 2009 and October 9, 2009, a copy of <br />which is attached hereto and made a part in the Town of Mashpee, on hereof. <br />A Public Hearing was held on the Petition at the Mashpee Town Hall on <br />Wednesday, October 14, 2009 at which time the following members of the Zoning Board <br />of Appeals were present and acting throughout: Robert Nelson, Jonathan Furbush, James <br />Reiffarth, William Blaisdell and Peter Hinden. <br />The Mashpee Zoning Board of Appeals issues this Decision pursuant to the <br />provisions of Massachusetts General Laws Chapter 40A Section 10 and the Town of <br />Mashpee Zoning By-laws. <br />John LaCava represents himself before the Board to request a variance from his <br />rear sideline to rectify his in -ground pool situation. Mr. LaCava explains to the Board <br />that he was issued a building permit in January, 2004 for the installation of a 16' x 32' <br />inground pool. The pool was installed by Holiday Pools and was completed in April, <br />2004. However, the pool was installed incorrectly and encroached onto the abutting <br />property, parcel 7, by 2.8 feet. Additionally, there was never a final inspection called in <br />nor was there one performed. In September of this year, Mr. LaCava came to pull a <br />building permit for an addition to his home and it was at that time that the Building <br />Commissioner noted the setback problems relative to the pool and informed Mr. LaCava <br />