06/24/2015 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS JUNE 24, 2015 MINUTES 4 Waterline North Drive: Owners, Donald and Milica Pogorzelski request a Variance under §174-33 to vary the setbacks from water and wetlands to allow for construction of an in -ground pool and shed on property located in an R-3 Zoning District (Little Neck Bay). Assessors Map 120 Parcel 174, Mashpee, MA. Mr. Kevin Kirrane, Attorney represented the applicants regarding installation of an in - ground pool and shed. He provided a plot plan that shows the existing conditions and the proposed conditions for the 16' x 34' swimming pool and a 10' x 10' shed. The property is located in the Little Neck Bay subdivision, and the lot is approximately 19,200 square feet with 88 feet of frontage along Waterline North Drive. The existing lot coverage of the dwellings, and pier/float complex consists of 21.8%, but up to 30% lot coverage is allowed in this specific area. The existing dwelling is on a non -conforming lot and the 50 foot setback line from the wetland runs through a portion of the dwelling. However, because the pool and shed are separate structures, and are not part of the pre-existing non -conforming dwelling, the requested Variance relief would require locating the shed and pool within the 50 ft. setback from the wetland resource area of the coastal bank. The Conservation Commission issued an Order of Conditions on April 27, 2015. Mr. Kirrane concluded that that there is a• hardship due to the shape, size and topography, and the fact there were no setbacks required at the time when this development was created. • Mr. Furbush read the Conservation Comments into the record; "Yes, Conservation approved 4 Waterline Dr. North". Mr. Furbush read the Inspection Department comment into the record; "The area is zoned R3 and the property is in the AE Flood zone. The property is also in the Pre -Contact Archaeology Sensitivity area listed as "High Sensitivity". Because the shed will be placed within the AE Zone, it will need to be secured to site, secured to the site with sono -tubes or any other method approved by either FEMA and or the Massachusetts State Building Code for building in an AE Zone." Mr. Furbush read the Board of Health comments into the record; "Pool shed to be seasonal in nature. No heat." Mr. Blaisdell made a motion to approve the applicant's request for an in -ground pool and shed. The Variance will not be detrimental to the neighborhood and will not nullify or derogate from the existing bylaw. The approval is for 21 feet from the wetlands for the shed and 32 feet from the wetlands for the pool. Referencing a Proposed Site Plan submitted by Cape & Islands Engineering, Project address: 4 Waterline North Drive, Mashpee, MA. Owner of Record: Donald & Milica Pogorzelski, 20 Bryant Street, Cambridge, MA. 02138, dated: 2/10/15, Revision date: 4/2/15, Relocated pool, patio and changed shed, made by: MC, Checked by: MC. • Mr. Jodka, seconded, yes, Mr. Furbush, yes, Mr. Goldstein, yes, and Mr. DeBarros, yes. All were in favor. 2