03/25/2009 ZONING BOARD OF APPEALS Minutes

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fry, Town of Nashpcc 16 Grca,t,NY?ck ko(td,)W)rth ' NMshpee, Massachusetts 02649 MASHPEE ZONING BOARD OF APPEALS Decision for a Variance RE: Willowbend Country Club 19 Simons Road Map 69 Parcel 183-A V-09-07 A Petition was filed on March 2, 2009 for a Variance from Section 174-31 of the Zoning By-laws to vary the height requirements on property located in an R-3 zoning district at 19 Simons Road(Map 69 Block 170) Mashpee, MA. 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 on March 6, 2009 and March 13, 2009, a copy of which is attached hereto and made a pant in the Town of Mashpee, on hereof. A Public Hearing was held on the Petition at the Mashpee Town Hall on Wednesday, March 25, 2009 at which time the following members of the Zoning Board of Appeals were present and acting throughout: Robert Nelson, Jonathan Furbush, Peter Hinden and Jolm Dorsey. The Mashpee Zoning Board of Appeals issues this Decision pursuant to the provisions of Massachusetts General Laws Chapter 40A Section 10 and the Town of Mashpee Zoning By-laws. Attorney Jack McElhinney along with Steve Mattson from Baxter,Nye represents Willowbend Country Club and is applying for a height variance in order to build 4 condominium complexes. They are seeking a 4 foot height variance since the maximum height of any residential dwelling in Mashpee is 35 feet. There are 4 variances requested because there are 4 different addresses where they are being built. Applicant is and has been before the Planning Board with all of the plans for their approval. There was a Special Permit granted in 1985 and that governs the proposal. There are 440 acres of land where 250 acres are dedicated to open space by Willowbend. Attorney McElihinney informs the ZBA that the project originally began with 62 units and is now