01/12/2000 ZONING BOARD OF APPEALS Decision

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Town of Mashpee y. MASHPEE ZONING BOARD OF APPEALS 16 Great Xec k load JVorth r�QU Mashpee,Massachusetts 02649 Decision for a Variance RE: Marcel J. Murad V-00-14 19 Keel Way Map 120 Block 138 A Petition was filed on November 30, 1999 by Marcel J. Murad of Boston, Massachusetts for a Variance from Sections 174-31, 174-33 and 174-85 of the Zoning By-laws to vary the side setback requirements,to vary the setback from water and wetlands and to vary the setback from the ACEC to allow for construction of a swimming pool,patio and fence on property located in an R-2 zoning district at 19 Keel Way(Map 120 Block 138)Mashpee, MA. (Owner of record: Elen E. Murad, " TR., Keel Way Real Estate Trust.) 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 December 24 and December 31, 1999, 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, January 12, 2000, at which time the following members of the Zoning Board of Appeals were present and acting throughout: Edward M. Govoni, James E. Regan III and Robert G. Nelson. The Mashpee Zoning Board of Appeals issues this Decision pursuant to the provisions of Massachusetts General Law, Chapter 40A, Section 10 and the Town of Mashpee Zoning By-laws. Mr. Wayne R. Tavares of Tavares Land Design and Environmental Services represented the applicant and submitted photos of the property at 19 Keel Way. He stated that the shape of the lot and the configuration of the existing house on the lot necessitate the Variance relief being sought to allow for construction of a swimming pool,patio and fence enclosure. The proposal is not within the ACEC, eliminating the need for a Variance from the setback requirements from the ACEC.