2/10/2016 ZONING BOARD OF APPEALS ZBA Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A MODIFICATION TO SPECIAL PERMIT (SP-01-6) Brian M. Clark and Nicole K. Clark 138 Waterway(Map 105 Parcel 234) Mashpee, MA 02649 SP-2016-09 The Clarks are seeking to modify the plan that was approved by the Board of Appeals back in 2001. The conditions on the 2001 plan are different from the current conditions because back in 2001, the Board of Appeals approved a plan which included the installation of an in-ground swimming pool, a masonry patio around that swimming pool, but does not include a spa. The in-ground pool was not built, and apparently the former owners installed a portion of the patio, and installed a hot tub with a trellis above that patio. The Clarks would prefer to have an in-ground pool, and as such submitted their application to modify the permitted plan that was approved by the Board of Appeals back in 2001. 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 Conservation Agent, Drew McManus' comments into the record: dated January 29, 2016; "my comments for Feb. 10'h are that the commission has already approved the work (pool replacing hot tub) at 138 Waterway...no issues." Chairman Furbush read comments from the Assistant Conservation Agent into the record; summarizing that "the engineered plan submitted to the ZBA had revisions not reflected on Conservation's copy." Attorney Kirrane said he asked Tom Bunker to change the plan and add the "pool detail showing the box from the "Phoenix Group" and the proposed pool detail box. 2