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`ureN <br /> p;:tsd 'mt.�iPy <br /> pi i n <br /> Town of Nashpee <br /> MASHPEE ZONING BOARD OF APPEALS 16 Grcat JA(�ck load A)rth, <br /> 1�'Iashf�ee, l�7assachusett�s (12649 <br /> Decision for a Variance <br /> RE: Willowbend Country Club 25 Simons Road <br /> Map 62 Parcel 170 <br /> V-09-08 <br /> A Petition was filed on March 2, 2009 for a Variance from Section 174-31 of the <br /> Zoning By-laws to vary the height requirements on property located in an R-3 zoning <br /> district at 25 Simons Road (Map 62 Block 170) 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 March 6, 2009 and March 13, 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 /> Wednesday, March 25, 2009 at which time the following members of the Zoning Board <br /> of Appeals were present and acting throughout: Robert Nelson, Jonathan Furbush, Peter <br /> Hinden and John 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 /> Attorney Jack McElhinny along with Steve Mattson from Baxter,Nye represents <br /> Willowbend Country Club and is applying for a height variance in order to build 4 <br /> condominium complexes. They are seeking a 4 foot height variance since the maximum <br /> height of any residential dwelling in Mashpee is 35 feet. There are 4 variances requested <br /> because there are 4 different addresses where they are being built. Applicant is and has <br /> been before the Planning Board with all of the plans for their approval. There was a <br /> Special Permit granted in 1985 and that governs the proposal. There are 440 acres of <br /> land where 250 acres are dedicated to open space by Willowbend. Attorney <br /> McElihimiey informs the ZBA that the project originally began with 62 units and is now <br /> at 40 units. All of the setbacks are being met that were in existence in 1985 zoning. No <br />