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Town of Mashpee <br />16 Creat Neck 12gacl At-th <br />ie <br />MASHPEE ZONING BOARD OF APPEALhTashpee, Massachusetts 02649 <br />Decision for a Variance <br />RE: Kenneth Marsters Trust 12 Wintergreen Rd <br />Prime Properties Realty Trust Map 103 Parcel 107 <br />V-09-03 <br />A Petition was filed on January 9, 2009 for a Variance from Section 174-31 of the <br />Zoning By-laws to vary the current setback requirements on property located in an R-3 <br />zoning district at (Map 103 Block 107) 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, <br />a newspaper of general circulation on January 16, 2009 and January 23, 2009 a copy of <br />which is attached hereto and made a part in the Town of Mashpee, on hereof. <br />A Public Hearing was held on the Petition at the Mashpee Town Hall on <br />• <br />Wednesday, January 28, 2009 with a necessary re -vote on February 11, 2009 for an <br />administrative matter at which time the following members of the Zoning Board of <br />Appeals were present and acting throughout: Jonathan Furbush, James Reiffarth, <br />William Blaisdell, Peter Hinden and Jack Dorsey. <br />The Mashpee Zoning Board of Appeals issues this Decision pursuant to the <br />provisions of Massachusetts General Laws Chapter 40A Section 10 and the Town of <br />Mashpee Zoning By-laws. <br />John Slavinsky of Cape & Islands Engineering represents the applicant at this <br />hearing. This matter was approved in 2007 but the variance has expired. The Applicant <br />is re -filing for setback relief in order to build the same house. Mr. Slavinsky notes that <br />although this lot is over an acre and should not need setback relief, there are large vernal <br />pools in the rear of the lot whereby the applicant was forced to push the house a certain <br />distance from the vernal pools thus creating the need for setback relief. The Board <br />reviews the plans and finds the request acceptable. James Reiffarth makes a motion to <br />• <br />grant a 2 foot frontyard variance and a 4 foot sideyard variance on the northwesterly side. <br />Mr. Reiffarth also notes that these variances are conditioned on all requirements from the <br />Board of Health, namely: <br />