04/25/2012 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS Carol MacRae 14 Michelle Lane Mashpee, MA 02649 V-2012-24 The Board voted unanimously to continue the Petition until May 23, 2012 to allow the Petitioner an opportunity to consider relocating the proposed pool house. At the continued hearings on May 23, 2012, Project Designer Steven Cook of Cotuit Bay Design, LLC. represented the Petition and stated that the proposal has been reduced in size and relocated three feet further away from the rear setbacks. Mr. Cook said that the proposal is located in such a way to muffle and draw noise away from the abutting property. Ms. Pam Cline, a direct abutter at 56 Tobisset, stated that she appreciated the revised proposal, but was still concerned about the possibility of noisy, late-night pool parties. Mr. Furbush acknowledged the Petitioner's efforts to reduce and relocate the proposal. He firmly reiterated the Board's advice that the neighbors shall be respectful of each other's right to enjoyment and peace and quiet on their properties. Mr. MacRae said that he has always been a good neighbor and will continue to be. He said that he plans to mitigate some of the potential noise with extensive shrub and tree planting on the southeast and northeast sides of his property. General Findings: The subject property is located at 14 Michelle Lane and consists of 23,282 square feet of land. Specific Findings: 1. The Board determined that a literal enforcement of the provisions of the By-law would involve substantial hardship, financial or otherwise, to the Petitioner due to the following: • The unique circumstances relating to the significantly sloping topography and the odd shape of the subject property restrict location of the proposal, which factors especially affect such land or structure, but do not affect generally the zoning district in which it is located. 2. The Board determined that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of such ordinance or By-law due to the following: • The Petitioner's reassurance that his use of the pool and pool house will not become a noise issue/nuisance for his neighbors. • The Petitioner's extensive landscaping plans to plant trees and shrubs along the northeast and southeast sides of the subject property will help to mitigate noise and will provide privacy for the abutters. 2