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Town of Mashpee <br /> N� MASHPEE ZONING BOARD OF APPEALS 16 Great Xeck &ad Xorth <br /> Abu Mashpee, Massachusetts 02649 <br /> Decision for a Variance <br /> RE: Whitefox LLC V-99-88 108 Waterline Drive South <br /> Map 125 Block 244 <br /> A Petition was filed on September 8, 1999 by Whitefox LLC of Mashpee, <br /> Massachusetts for a Variance from Section 174-31 of the Zoning By-laws for <br /> permission to vary the rear setback requirements to allow for construction of a <br /> pool on property located in an R-3 zoning district at 108 Waterline Drive South <br /> (Map 125 Block 244)Mashpee, MA. <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 October 8 and October 15, <br /> 1999, 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 <br /> Wednesday, October 27, 1999, at which time the following members of the Zoning Board <br /> of Appeals were present and acting throughout: Robert G.Nelson,Richard T. Guerrera <br /> and Zella E. Elizenberry. Mr. Regan stepped down and left the room. <br /> The Mashpee Zoning Board of Appeals issues this Decision pursuant to the <br /> provisions of Massachusetts General Law, Chapter 40A, Section 10 and the Town of <br /> Mashpee Zoning By-laws. <br /> Mr. John Slavinsky of Cape & Islands Engineering represented the applicants and <br /> stated that the project is within 100 feet of the flood zone. The Conservation <br /> Commission has approved the proposal. The Mashpee Zoning By-law allows for smaller <br /> lots in cluster subdivisions, but increases the rear yard setback requirements. Mr. <br /> Slavinsky stated that the applicant is seeking relief of 9 feet from 20-foot rear setback <br /> requirement and that the proposed pool would abut an open space, not a house lot. <br /> Mr. Michael Faulkner represented an abutter, Fred Greene, who lives in Western <br /> Massachusetts. Mr. Greene expressed opposition to the project because of the potential <br /> for obtrusive noise violation. Mr. Faulkner looked at the plans and questioned what sort <br /> of fencing is proposed. <br />