10/13/2004 ZONING BOARD OF APPEALS Minutes

Home Browse Search

N e lown of Mashpee 16 Great J%ck load North Alashpee, Massachusetts 02649 MASHPEE ZONING BOARD OF APPEALS Decision for a Variance RE: Gary and Jane Gomes 62 Regatta Drive Map 52 Parcel 137 V-04-140 A Petition was filed on September 15, 2004 by Gary and Jane Gomes for a Variance from Section 174-31 of the Zoning By-laws to vary the current setback requirements in order to install a swimming pool on property located in an R-3 zoning district at 62 Regatta Drive (Map 52 Block 137) 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 September 24, 2004 and October 1, 2004, a copy of which is attached hereto and made a part in the Town of Mashpee, on hereof. A Public Hearing was held on the Petition at the Mashpee Town Hall on Wednesday, October 13, 2004 at which time the following members of the Zoning Board of Appeals were present and acting throughout: Robert Nelson, Marshall Brem and James Regan and Zella Elizenberry. 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. Jolm Bosse and applicant Gary Gomes represent at the hearing. The applicant is seeking a variance in order to install a swimming pool for his severe arthritic condition and he cannot meet the current setback requirements by installing the pool in the only available place. This is a cluster subdivision and there is open space in the rear of the lot. Owner/builder of the subdivision owns lot 919 and as yet, it is not sold. Mr. Gomes submits a letter from the Director of the Cape Cod Rehabilitation Center, Joseph P. Carroll stating that water therapy has been helpful to his patient for his severe arthritic condition. The Board feels this is a reasonable request and moves to grant an 8.6-foot