12/14/2005 ZONING BOARD OF APPEALS Minutes

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{OIPry "lown of Mashpcc c�t e 16 Great deck Pv)a(l X)i-th Ic�slzPec>, Massachusetts D�?64�) MASHPEE ZONING BOARD OF APPEAL Decision for a Variance RE: Susan C. James 73 Shields Road Map 37 Parcel 128 Lot 95A A Petition was filed on November 7, 2005 for a Variance from the setback requirements from Section 174-31 of the Zoning By-laws in order to install a swimming pool on property located in an R-5 zoning district at 73 Shields Road (Map 37 Parcel 128) 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 in the Town of Mashpee, on November 25, 2005 and December 2, 2005, a copy of which is attached hereto and made a part hereof. A Public Hearing was held on the Petition at the Mashpee Town Hall on Wednesday, December 14, 2005 and continued until Wednesday, January 11, 2006, at which time the following members of the Zoning Board of Appeals were present and acting throughout: Robert Nelson, Zella Elizenberry, Frederick Borgeson, Marshall Brem and Evano Cunha. 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, Susan James represents herself at this hearing. She is seeking a variance in order to install a built in swimming pool. It was realized that electrical lines previously installed are presenting a hardship to build the pool within the 25 foot setback requirements. The Board reviews the plans. Mr. Brem asks what the hardship is. Ms. James mentions that when the electrical lines were installed she was not thinking about a pool nor did she have a choice as to where the lines needed to go. Now it would be cost i prohibitive to move them. The Board discusses the plans and the necessary setbacks.