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2. Attached to the application was a site and sewage disposal plan with a hand- <br /> drawn line demonstrating that Plaintiffs' contractor intended to construct the pool in <br /> accordance with the rear yard setback requirements contained in the Mashpee Zoning <br /> Bylaws. (See Exhibit "B".) <br /> 3. The subject locus is in an R-3 Zoning District and requires a 15-foot rear yard <br /> setback. <br /> 4. On or about June 11, 2003, the Town of Mashpee Building Inspector issued <br /> a Building Permit for the pool construction. (See Exhibit "B".) <br /> 5. The contractor measured off the necessary setback distance from what he <br /> believed to be the rear property boundary line separating Plaintiffs' property from that of <br /> the abutter, Town of Mashpee. <br /> 6. Thereafter, construction commenced and the pool was installed. <br /> 7. On or about August 21, 2003, Plaintiffs received a letter from the zoning <br /> enforcement officer indicating that the pool was in violation of the Land Space <br /> Requirements as contained in the Mashpee Zoning Bylaws §174-31 and that they had to <br /> remove the pool or apply for a variance. (See Exhibit "C".) <br /> 8. Subsequently, it was determined by Plaintiffs' surveyor and the plan created <br /> that the pool encroached into the rear yard setback and, in fact, encroached over the <br /> property line onto Town owned land. (See Exhibit"D" -plan showing pool encroachment.) <br /> 9. Once this determination was made, Plaintiffs immediately had the apron of <br /> the pool modified so that it no longer encroached over the property line. <br /> 10. On or about February 27, 2006, Plaintiffs filed a petition for a variance to vary <br /> the rear yard setback requirement by 10 feet, since the pool apron had been removed the <br /> actual pool is 5 feet off the rear property line. <br /> 11. On or about April 26, 2006, a hearing on the application for a variance was <br /> held. <br /> 12. Plaintiffs presented evidence that the shape of the lot was a factor leading <br /> to the location of the house and that the location of the house limited the area where the <br /> pool could be located, all owing to the unique shape of the lot. <br /> 13. Further evidence was presented by Plaintiffs that they spent in excess of <br /> $23,000.00 for the installation of the pool and, therefore, if the Board did not grant a <br /> variance, Plaintiffs would suffer a hardship. <br />