08/09/2006 ZONING BOARD OF APPEALS Minutes

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Town of Alashpce MASHPEE ZONING BOARD OF APPEALS 16 Great Neck load NJ )oh IJlas{zee, lblassacjzz�setts 02649 `�%tU1.E Ems" Decision for a Variance RE: James and Rosalind Daley 4 Palmer Road Map 66 Parcel 75 V-06-55 A Petition was filed on July 10, 2006 by Rosalind Daley for a Variance from the setback requirements from Section 174-31 of the Zoning By-laws in order to install a built in swimming pool on property located in an R-5 zoning district at 4 Palmer Road (Map 66 Parcel 75) 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 July 28, 2006 and August 1, 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, August 9, 2006, at which time the following members of the Zoning Board of Appeals were present and acting throughout: Robert Nelson, Zella Elizenberry, Marshall Brem, Jonathan Furbush, and Eric Dublirer 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. Rosalind Daley represents herself at this hearing. She is seeking variance relief since the pool they wish to install cannot meet the current setback requirements. The board reviews the plans and since this is a corner lot, applicant is burdened with maintaining two frontages. The Board discusses the fencing required and that the property line runs to the surface of the water. After reviewing the plans, Marshall Brem makes a motion to grant the following: ✓ 4 foot variance to Palmer Road ✓ 15 foot variance in the rear for the pool ✓ 8 foot variance from the house to Palmer Road ✓ 6 foot variance from house to Old Barnstable Road.