2/10/2016 ZONING BOARD OF APPEALS ZBA Decision

Home Browse Search

Town o�f`Uasl we 16 0 at.Aeck r��tcf i1r31 i11 MASHPEE ZONING BOARD OF APPEALS DECISION FOR A MINOR MODIFICATION TO SPECIAL PERMIT (SP-01-6) SP-2016-09 Brian M. Clark and Nicole K. Clark Doc#: 1232094 138 Waterway Ctf. #: 201619 (Map 105 Parcel 234) Mashpee,MA 02649 A Petition was filed on January 7, 2016 by Brian M. Clark and Nicole K. Clark requesting a modification to Special Permit(SP-01-6)to replace an existing spa and trellis sitting on a raised patio with an in-ground swimming pool and spa of a similar but larger size. 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 January 22, 2016 and January 29, 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 §9 and the Town of Mashpee Zoning By-laws. Public Hearings were held on the Petition at the Mashpee Town Hall on Wednesday, February 10, 2016 at which time the following members of the Board of Appeals were present; Chairman, Jonathan Furbush, Vice Chairman, William Blaisdell, Board Member, Domingo DeBarros, and Associate Members, Brad Pittsley, and Norman J. Gould. Attorney Kevin Kirrane represented the homeowners for the proposed pool project. Also present was Tom Bunker from BSS Design. He provided the board with an outline document that includes a summary of his remarks, a field card, 8.5 x 11 proposed plan, and a copy of the plan that was approved by the Board back in 2001, and crossed out the spa. He provided Chairman Furbush a plan that does not depict the spa. In addition,he provided the Board with a copy of the Special Permits/Finding Decision dated 2001, and a copy of a Variance Decision dated 2001. The original dwelling was razed and replaced back in 2001, and sits on a 17,000- plus 7,000plus square foot lot. It has 112 feet of frontage on Waterway and is a 2-plus story, single- family residential dwelling with a Title V septic system. The lot is non-conforming and does not have the required 150 square feet of frontage or the 40,000 square foot lot size that is applicable today. The structure itself is non-conforming and does not meet the required setbacks from the street, or the side yard setbacks. 1