04/25/2012 ZONING BOARD OF APPEALS Decision

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1•4 Town q f Mashpee fy 16 Grwt Nl ck koad Aorth MASHPEE ZONING BOARD OF APPEALS Decision for a Variance V-2012-24 Carol MacRae Registry of Deeds Title Reference: 14 Michelle Lane Book: 17034 Page: 56 Mashpee, MA 02649 Plan Book: 390 Pages 16, 17 Map 37 Parcel 133 Lot IOOA A Petition was filed on March 30, 2012 by Carol MacRae requesting a Variance from Section 174-31 of the Zoning By-laws to vary the rear setback requirements to allow for construction of a pool house on property located in an R-5 zoning district at 14 Michelle Lane(Map 37 Parcel 133) 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 April 6, and April 13, 2012, a copy of which is attached hereto and made a part hereof. Public Hearings were held on the Petition at the Mashpee Town Hall on April 25, and May 23, 2012. The following members of the Board were present and acting throughout: Board Members Jonathan D. Furbush, William A. Blaisdell and James Reiffarth and Associate Member Judith M. Dorsey. 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. At the Public Hearings on April 25, 2012, Mr. Steve Cook of Cotuit Bay Design, LLC. represented the Petition. Plans call for construction of a pool house which will be used for entertaining and gatherings. In the off-season, the pool house will be used for storage of pool equipment and furniture. Lot coverage will increase from 18.7% to 19.6%. The Board expressed concern that the proposal may pose a potential nuisance for neighbors. Building Commissioner Richard Morgan stated that the proposal is very close to the property line and strongly recommended relocating it. Mr. Martin MacRae said that he explored other options, but feels the proposed location is ideal for his family's needs. An email dated April 24, 2012 from direct abutters, Tim and Pam Cline stated that they were worried that the pool house would become a place for loud entertaining. Mr. and Mrs. Cline asked for reassurance from the Petitioner that noise will not be a problem and that the Petitioner will respect the abutting neighbors' need for quiet and privacy.