12/09/2009 ZONING BOARD OF APPEALS Minutes

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ron �^ .�.... a .,, A 2 �� Vr 16 0-eat clVeek, koad ,Yorth, Maslipee, Nlassachusetts 02649 MASHPEE ZONING BOARD OF APPEALS Willowbend Country Club, Inc. V-09-34 DECISION FOR A VARIANCE 69 Shoestring Bay Road Map 77 Parcel 137 A Petition was filed on October 26, 2009 by Willowbend Country Chub, Inc. of Mashpee, Massachusetts for a Variance from 174-31of the Zoning By-laws in order to build on an undersized lot located at 69 Shoestring Bay Road (Map 77, Parcel 137) 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 November 27, 2009 and December 4, 2009, a copy of which is attached hereto and made a part hereof. A Public Hearing was held on the Petition at the Mashpee Town Hall on Wednesday, December 9, 2009, at which time the following members of the Board were present and acting throughout: Robert Nelson, Jonathan Furbush, William Blaisdell and Peter Hinden. The Mashpee Zoning Board of Appeals issues this Decision pursuant to the provisions of Massachusetts General Law, Chapter 40A, Section 10 and the Town of Mashpee Zoning By- laws. Attorney Jack McElhinny and David Wood, Willowbend's Chief Operating Officer, represented the Petitioner. Attorney McElhinny addressed the Board and said that this vacant lot was the subject of a previous Variance granted in 2005 by the Zoning Board of Appeals. This Variance was subsequently granted an extension in 2007. He said that due to the lack of prospective buyers in this economic situation, the Petitioner has decided to request a new Variance rather than ask for an additional extension. Although the lot exceeds the 40,000 square foot minimum, it contains 8,380 square feet of wetlands as well as 3,875 square feet of easements for a combined total of 12,255 square feet. This reduces the usable lot size fiom 48,674 square feet to 36,419 square feet, requiring a Variance of 3,581 square feet from the land space requirements.