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Town of Mashpee <br /> s <br /> 16 Great JVeck Qoad Xorth <br /> MASHPEE ZONING BOARD OF APPEALSMashpee, <br /> Massachusetts 02649 <br /> • S1:IUIE��" <br /> Decision o for a Variance � <br /> I <br /> I <br /> RE: Alexander M. Levine V-02-70 185 Willowbend Drive <br /> Map 63 Parcel 70 <br /> A Petition was filed on May 8, 2002 by Alexander M. Levine of Mashpee and <br /> Boston, Massachusetts for a Variance from Sections 174-31 and 174-47 of the Zoning I� <br /> By-laws to vary the side setback requirements to allow for construction of a pool on <br /> property located in a cluster development in an R-3 zoning district at 185 Willowbend <br /> I <br /> Drive (Map 63 Parcel 70) Mashpee, MA. <br /> II i ' f <br /> Notice was duly given to abutters in accordance with Massachusetts General <br /> Laws Chapter 40A. Notice was given by publication in The Mashpee Enterprise, a <br /> newspaper of general circulation in the Town of Mashpee, on June 7, and June 14, 2002, <br /> a copy of which is attached hereto and made a part hereof. <br /> A Public Hearing was held on the Petition at the Mashpee Town Hall on SII <br /> Wednesday, June 26, 2002, at which time the following members of the Zoning Board of <br /> Appeals were present and acting throughout: Edward M. Govoni, James E. Regan III and j <br /> Robert G. Nelson. <br /> , i <br /> The Mashpee Zoning Board of Appeals issues this Decision pursuant to the j <br /> provisions of Massachusetts General Laws Chapter 40A Section 10 and the Town of <br /> Mashpee Zoning By-laws. ;l <br /> Mr. Robert F. Mills of Wynn and Wynn, P.C. and Ms. Arlene M. Wilson of A.M. <br /> Wilson and Associates, Inc. represented the Petition. Attorney Mills stated that the <br /> Petitioner is seeking Variance relief of nine feet from the side setback requirements to <br /> allow for construction of a pool on the subject property, which is located in a cluster <br /> development. Attorney Mills said that the unusual shape and sloping topography of the <br /> subject property required an enormous amount of fill, which factors severely limit the <br /> buildable area of the property. Attorney Mills stated that the proposed location of the <br /> pool abuts a 40-foot wide easement access to the golf course. <br /> Mr. Lee Daniels, an abutter at 165 Willowbend Drive, expressed opposition to the �I !�! <br /> proposal. He stated that since the pool constructed on his property at 165 Willowbend <br /> Drive complies with the setback requirements, the Petitioner should move the proposed <br /> I <br /> location of the pool on his property in order to comply with the setback requirements. j I' <br /> After some discussion, the Board assured Mr. Daniels that neither the proposed pool nor <br /> fence would be installed within the easement area. No other comments were received <br /> from abutters. <br /> I <br />