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TOWN OF MASHPEE <br />Board of Appeals <br />Minutes of November 8, 1995 <br />The Mashpee Board of Appeals held a meeting on Wednesday, <br />November 8, 1995 at 7:30 p.m. at the Mashpee Town Hall. <br />Members present: Edward M. Govoni, James E. Regan III, Kenneth <br />E. Marsters, Robert G. Nelson, Cheryl Hawver. <br />Member absent: John J. Friel <br />Also present: William Hauck, Building Inspector <br />Donald F. and Ronni P. Baron - Request a Variance from Section <br />174-31 of the Zoning By-laws for permission to vary the setback <br />requirements in an R-3 zoning district on property located at <br />22 Driftwood Circle (Map 125, Block 190) Mashpee, MA. The <br />applicants propose to construct a swimming pool 15'6" from the <br />rear property line and a cabana 18' from the rear property line. <br />Members sitting: E. Govoni, K. Marsters, R. Nelson <br />Attorney Kevin Kirrane represented the applicants and reviewed <br />the proposed plans for the site. A handout supporting the <br />proposal was distributed. The applicants seek variance relief <br />of 4'6" with regard to the pool and 2' with regard to the cabana. <br />Due to the fact that the property is situated in a cluster <br />development, there is a 20' rear yard setback requirement. <br />The property is also in an R-3 zone which generally calls for <br />a 15' rear yard setback. A copy of the Assessor's Map shows <br />the lot abuts one of the "Reserved Areas" and therefore no <br />abutters exist to the rear of the Baron residence, and there <br />is the added buffer of considerable open space. The house is <br />set back 60 feet in the front (which considerably exceeds the <br />minimum 30 foot front yard setback). The Barons seek to <br />construct the pool in part for therapeutic purposes, and a letter <br />from Dr. Beverly Woo indicated that she prescribed a regular <br />exercise program for Mr. Baron which includes swimming. Mr. <br />Govoni noted there is no correspondence (pro nor con). <br />Mr. Marsters moved to grant the Variance of 4'6" with regard <br />to the pool and 2' with regard to the cabana. Mr. Nelson <br />seconded. All agreed. (Section 174-47,B9 of the By-laws was <br />added as a reference). <br />Mr. Govoni stated the findings are: (1) The normal R-3 zoning <br />is 151feet and this R-3 was made 20 feet; (2) Variance is not <br />to any detriment of any land owner; (3) The letter from Dr. <br />Woo (which will be part of the record) indicates the owner needs <br />• this rehabilitation from his medical problems; (4) It is not <br />any more detrimental to the neighborhood than what is already <br />