1/24/2018 ZONING BOARD OF APPEALS ZBA Decision

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own qfXasl pee .. A.� IYlrasli ice, Ylccssacl�t�sptts 0`649 I MASHPEE ZONING BOARD OF APPEALS DECISION FOR A WRITTEN FINDING FINDING-2018-04 Daniel W. Kupferman Doc.: #724799 53 Tracy Lane Ctf: #148308 (Map 99 Parcel 25) Mashpee, MA 02649 A Petition was filed on December 29, 2017 by Petitioner, Steven Senna requesting a Written Finding under §174-17 of the Zoning Bylaws to allow for construction of an in- ground pool on property located in an R-3 Zoning District, 53 Tracy Lane, Map 99 Parcel 25, Mashpee, MA. (Owner of record: Daniel W. Kupferman). 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 5, 2018 and January 12, 2018 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 §6 and the Town of Mashpee Zoning By-laws. Public Hearings were held on the Petition at the Mashpee Town Hall on Wednesday, January 24, 2018 at which time the following members of the Board of Appeals were present and acting throughout; Chairman, Jonathan Furbush, Board Members, Ron Bonvie, and Scott Goldstein, Associate Members, Brad Pittsley, and Norman J. Gould. Also present was Mike Mendoza, Building Commissioner. Mr. Steven Senna, with Swimming Pool and Spa Design, located at 87 Enterprise Road, Hyannis, MA represented the homeowners for their request of an in-ground pool. He said he presented the application to the Building Department and there was an issue with the pre-existing structure, and that it is non-conforming to the 15 foot setbacks. He provided the Board with a plot plan that shows the rear setback to be compliant to the rear property line, and the right side is also compliant. The pool meets the proper setbacks from the septic system, the reserve system, and the septic tank. The percentage of lot coverage is currently 12.2% and is under the 20%requirement. The lot is 13,850 sq. ft.,the dwelling is 1,386 sq. ft., the shed is 96 sq. ft., and the deck is 304 sq. ft. The proposed pool area is 450 sq. ft., and will be under the lot size requirements at 15.4%. The existing dwelling shows a 10 ft. side setback that is non-conforming which was allowed at the time it was built. Chairman Furbush noticed that the existing shed shows 2 ft. from the lot line, and would like it to be moved 3 ft. more away from:the property line to become compliant. 1