3/9/2016 ZONING BOARD OF APPEALS ZBA Decision

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Town of Alashpoe 1(i C,,ectt �itrc .road JNortlt Fur an 1�lasli��tt, Irissacf��selts 02649 MASHPEE ZONING BOARD OF APPEALS DECISION FOR A VARIANCE V-2016-11 Michael Rand and Julie Rand Doc. 4: 1285218 58 Popponesset Island Road Ctf. #: 208374 (Map 106 Parcel 25) Mashpee, MA 02649 A Petition was filed on February 12, 2016 by Michael and Julie Rand requesting a Variance to allow for construction of an in-ground pool and patio under §174-33 of the Zoning Bylaws to vary the setback at least fifty (50') feet from any water or wetland on property located in an R-3 Zoning District, (Map 106 Parcel 25), 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 February 19, 2016 and February 26, 2016 a copy of which is attached hereto and made a part hereof. The Mashpee Zoning Board of Appeals issues this Decision pursuant to the provisions of Massachusetts General Laws Chapter 40A §10 and the Town of Mashpee Zoning By-laws. Public Hearings were held on the Petition at the Mashpee Town Hall on Wednesday, March 9, 2016 at which time the following members of the Board of Appeals were present; Chairman, Jonathan Furbush, Vice Chairman, William Blaisdell, Board Members, Ron Bonvie, Scott Goldstein, and Associate Members, Brad Pittsley and Norman J. Gould. Also present was Building Commissioner, Michael Mendoza. Mr. John O'Dea, Professional Engineer with Sullivan Engineering and Consulting in Osterville, MA, represented the homeowners for their proposed pool project. The pool will be located within fifty (50) feet of the stone embankment and meets the definition under the wetlands and conservation protection regulations. The project was before the Conservation Commission two weeks ago, and they continued the project requesting additional information on the plan which was submitted to the Conservation Agent, and will be presented at their hearing Thursday (tomorrow) evening. They specifically asked for more plantings along the seaward edge of the lawn, and a pad for the pool equipment that will be located behind the garage. Mr. Bonvie read the Conservation Comments into the record; "This project was presented to the Conservation Commission on Feb. 25th. The hearing was continued to March. 10th at the request of the applicant to furnish additional information on the plan, including a work limit and reorganization of the proposed mitigation areas to provide additional plantings near the top of the coastal bank(as opposed to the side lot lines). 1