09/10/2014 ZONING BOARD OF APPEALS Minutes

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Town of Mashpee • �� 16 Grea ,i\reck load jdorth Washpee,-Wassachuseas 02640 MASHPEE ZONING BOARD OF APPEALS SEPTEMBER 10, 2014 MINUTES The Mashpee Zoning Board of Appeals held Public Hearings on Wednesday, September 10, 2014 at 6:00 p.m. in the Ockway Room at the Mashpee Town Hall, 16 Great Neck Road North. Board Members, William A. Blaisdell, Ronald Bonvie, Richard Jodka, Associate Members Domingo K. DeBarros and Scott Goldstein were present. Building Commissioner, Michael Mendoza was also present. Chairman, Jonathan Furbush and Board Member, James Reiffarth were absent. Mr. Blaisdell, Vice Chairman opened the hearing at 6:00 p.m., and announced all Board Members that will be acting throughout. Kimberly A. Landry: Requests a Written Finding under Article V § 174-17 of the Zoning By-laws and M.G.L. Chapter 40A §6 concerning continuance, extension, or alteration of a preexisting, non -conforming structure to allow for construction of an above ground pool on property located in an R-5 Zoning District at 44 Pequot Road, (Map 29 Parcel 99), • Mashpee, MA. (Continued from July 23, 2014 Hearings, opened but not heard). Ms. Landry represented herself and daughter requesting installation of an above ground pool on the side yard of her property. Ms. Landry stated she has rear and front setbacks of 25 feet and is requesting to place the pool at a 5 foot side yard setback because there is no room in the back yard. She supplied the Board with photographs that show a retaining wall in the backyard, and a 10 x 12 shed on the side yard. The shed is currently 3 to 4 feet from the lot line. Ms. Landry wants to move the shed and place the pool in that same area approximately 5 feet from the lot line. Ms. Landry was concerned about relocating the shed and asked the Board if they had suggestions. Mr. Mendoza, Building Commissioner, stated when it's time to move the shed, to meet with him and discuss the permit. Mr. Bonvie stated to Ms. Landry that she comply with the Building Commissioner's request when she relocates the shed. Moving the shed is irrelevant to the Board. Mr. Blaisdell read a letter from an abutter into the record dated August 23, 2014. "The Landry's live in the house behind me at 44 Pequot. I have had the pleasure of knowing them since they purchased the home in 1998. Almost every time my family and I have come down to the Mashpee house over the years, the Landry's have made a point to stop by and say hello. They are wonderful neighbors. I have no objection if the Landry's wish • to install an above -ground pool in their backyard. Hearing people, especially children, laughing and splashing would be happy noise to our family. Sincerely, Sara M. Alborghetti, Homeowner, 17 Hemlock Drive, Mashpee, MA."