2/10/2016 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS FEBRUARY Id, 2016 MINUTES Attorney Kirrane stated that in the past, the Board had viewed the issue of the pool and patio differently than this Board is now viewing it. Attorney Kirrane also said he made a conservative approach of the calculations to determine lot coverage. The pool that was approved back in 2001 was 486 square feet. The proposed pool design will have a 6' x 6' spa area with an infinity basin, and will be approximately 578 square feet. In order to accommodate the slight increased pool size, there is a reduction in the hard scape by substituting planting beds in place of the concrete masonry patio along and around the pool. This design is maintaining the same degree of lot coverage that was approved back in 2001. Tom Bunker pointed out to the Board that the curved area on the plan is the 84 square foot retaining wall moving closer toward the water, and was not on the original plan. The 84 square feet area is not the entire raised patio because it includes some planting beds. Chairman Furbush asked if the screened porch on the original plan is the trellis on the current plan. Attorney Kirrane said the trellis and hot tub is in place of the in -ground pool in the area that was approved for a pool. The plan that was approved was not the work that was actually done. The Board questioned if the former homeowner had the plans approved by the Building Department for the hot tub and trellis. Chairman Furbush read the comments into the record from Katelyn Cadoret, Assistant Conservation Agent dated February 9, 2016; "The DEP permit #SE 43-2839 for 138 Waterway has NOT been recorded at the Registry of Deeds as of 219115 (today). Also, the engineered plans submitted to ZBA has revisions NOT reflected on Concom's copy, consisting of comments: "Added Phoenix Group Plan and Adjusted Patio Limit Dec 30, 2015." Per the Chapter 172 Special Conditions for SE 43-2839: 5. "Any deviations made or. intended to be made from the plans cited as the Plan of Record in the Order of Conditions shall require, in advance, one of the following: 1. An Amended Order of Conditions 2. A new Notice of Intent; or 3. An Administrative Approval from the Commission that the deviation is not so substantial as to require (1) or (2) above. "In any case, it's the owner's responsibility to apply for such Amended Order of Conditions, new Notice of Intent, or written Commission decision." "Therefore, we cannot sign off on the building permit until these issues have been resolved." Chairman Furbush read Conservation Agent, Drew McManus' comments into the record: dated January 29, 2016; "my comments for Feb. 10"' are that the commission has already approved the work (pool replacing hot tub) at 138 Waterway ... no issues." 2