06/24/2015 ZONING BOARD OF APPEALS Decision

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Town of Mashpee 16 Orc-cat Deck Arad,)V'or th Alcasltpee,Nassachusctts©�649 MASHPEE ZONING BOARD OF APPEALS DECISION FOR A VARIANCE V-2015-23 Donald E. Pogorzelski and Milica Pogorzelski Certificate#: 198707 4 Waterline North Drive Lot#: 29 Plan 35464-B (Map 120 Parcel 174) Mashpee, MA 02649 A Petition was filed by Donald E. and Milica Pogorzelski requesting 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. 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 June 5, 2015 and June 12, 2015 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 §10 and the Town of Mashpee Zoning By-laws. Public Hearings were held on the Petition at the Mashpee Town Hall on Wednesday, June 24, 2015 at which time the following members of the Board of Appeals were present; Chairman, Jonathan Furbush, Vice Chairman, William Blaisdell, Board Members, Richard Jodka and Dom DeBarros, and Associate Member Scott Goldstein. 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. 1