03/22/2006 ZONING BOARD OF APPEALS Minutes

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own a ES�ODee E NIN�GBQ�ARD�F �PE 16 Great_7&k koa(1JVi.)rth Decision for a Variance—DENIED _Alctshpce, NIOssachusetts 02649 RE: Joseph Weinstein 41 Taurus Road Map 94 Parcel 79 V-06-21 A Petition was filed on February 27, 2006 by Joseph Weinstein for a Variance from Section 174-3 1 of the Zoning By-laws for permission to vary the rear setback requirements on a 20' x 40' inground pool, already installed, on property located in an R-3 zoning district at 41 Taurus Road (Map 94 Parcel 79) 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 March 3, 2006 and March 10, 2006, 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, April 26, 2006, at which time the following members of the Zoning Board of Appeals were present and acting throughout: Robert Nelson, Frederick Borgeson, Jonathan Furbush, James Reiffaith and Marshall Brem. The Mashpee Zoning Board of Appeals issues this Decision pursuant to the provisions of Massachusetts General Laws, Chapter 40A, Section 10 and the Town of Mashpee Zoning By-laws. GENERAL FINDINGS 1. that the subject property is located at 41 Taurus Road and contains 26,000 square feet. SPECIFIC FINDINGS The Board determined that nothing has changed since the Board denied the initial variance request in October, 2003 and has upheld their previous decision to den),the variance request. The Mashpee Zoning Board of Appeals found that the applicant has not met the criteria necessary for the granting of a Variance. Upon motion duly made and seconded, the Zoning Board of Appeals voted unanimously on April 26, 2006 to deny the request for the variance.