09/08/2004 ZONING BOARD OF APPEALS Minutes

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E�01Pry _ Town of ce � a 16 Great %A 1�oacl Ni)rth NICIShI ee, Massachusetts 02649 MASHPEE ZONING BOARD OF APPEALS Decision for a Variance RE: Willowbend Country Club, Inc. 29 Shoestring Bay Road Robert and Syrul Lurie Map 84 Parcel 23 V-04-121 A Petition was filed on August 13, 2004 for a Variance from Sections 174-31 of the Zoning By-laws for permission to vary the frontyard setback requirements in order to build a new dwelling on property located in an R-3 zoning district at 29 Shoestring Bay Road (Map 84 Parcel 23) 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 August 20, 2004 and August 27, 2004, 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, September 8, 2004, at which time the following members of the Zoning Board of Appeals were present and acting throughout: Robert G. Nelson and Marshall A. Breen and Richard Guerrera, and Zella Elizenberry. 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. Attorney Jack McLinney represents the applicant at this hearing. They are seeking a 5.5 foot variance from the frontyard setback requirements to build a new dwelling. Conservation has approved this matter. The lot coverage will be 13.5% and is sufficient. The board makes a motion to grant the variance. VARIANCE CRITERIA Section 10 of Chapter 40A requires that the permit granting authority must determine that there are circumstances relating to the soil conditions, shape or topography which affect the subject property and not the district in which it is located; that a literal