3/9/2016 ZONING BOARD OF APPEALS ZBA Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A VARIANCE Michael Rand and Julie Rand 58 Popponesset Island Road(Map 106 Parcel 25) Mashpee, MA 02649 V-201611 Lastly, a proposed pool storage shed must be shown on the plan. I do anticipate that this project will be approved by the commission once revised plans are provided for the March 10th hearing." There was a discussion about what the abutter's objections were. The vagueness of the abutter's objection made it difficult for the Board to determine if it was a sight or sound issue. Chairman Furbush believes the abutter may object to the pool equipment noise. He would like a fence or some barrier installed around the pool equipment. Mr. Bonvie stated that Conservation approval should be obtained prior to applying to the Zoning Board of Appeals. He was concerned that the Zoning Board approval of the Variance being pre-mature without knowing the outcome of the Conservation Commission hearings and the Conservation Agent's comment about the"work limit line" on the plan. Building Commissioner,Mike Mendoza noticed on the plan that the stone wall does not continue all the way along the lot line toward the rear of the property. He also wanted clarification from the applicant regarding the comment from the Conservation Agent requesting a pool storage shed. Mr. Furbush read the Inspection Department comments into the record; "The area is zoned R3 and is in the Pre-contact Archaeology Sensitivity area— listed as "Moderate Sensitivity". The applicant is seeking a Variance under Article V §174-33 to construct an in-ground swimming pool which will be within the 50' setback from the water or wetland boundary. In view of the foregoing, the Board determined the Petitioner met the criteria for a Variance. Upon motion duly made and seconded at the Public Hearings on Wednesday, March 9, 2016,the Zoning Board of Appeals voted unanimously to issue a Variance to the applicants in the amount of 10 foot, 4 tenths of a foot, and conditioned on the following: 1. Site Plan Proposed Improvements at 58 Popponesset Island Road, Mashpee, MA Dated February 2, 2016, Scale: V = 20', Prepared by: Sullivan Engineering & Consulting,Inc. 508-428-3344,PO Box 659,7 Parker Road,Osterville,MA 02655, Draft:CTR,Review JOD,Project: 350027,Field CTR/WHK,Comp: CTR,Project: Rand. Prepared for: Michael & Julie Rand. Rev: Increase Mitigation Area 2111/2016, and Rev: Changes per conservation comments 3/2/2016. 2. Conservation Agent recommendations submitted for the Commission's continued hearing on March 10tH 2