04/25/2012 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS APRIL 25, 2012 AGENDA • Mr. Blaisdell made a motion to continue the Petition until May 9, 2012 to allow the Petitioner an opportunity to submit a new certified plot plan showing the driveway and parking. The Board will also require Conservation Commission approval before rendering a Decision. Mr. Dorsey seconded the motion. Votes: Ms. Horton, yes. Ms. Blaisdell, yes. Mr. Furbush, yes. Mr. Reiffarth, yes. Mr. Dorsey, yes. Cardl MacRae: Requests 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. Sitting: Board Members Jonathan D. Furbush, William A. Blaisdell, and James Reiffarth and Associate Members John M. Dorsey and Judith M. Horton. Mr. Steve Cook of Cotuit Bay Design, LLC. represented the Petition along with Mr. MacRae. The Petitioner is requesting Variance relief in order to install a pool house which will provide shade from the sun, a space for a television and a counter with stools. In the off-season, the pool house will be used for storage. The foundation is a sono -tube footing. Mr. Cook maintained that neighbors won't be disturbed because the "noise will be limited to the inside of the pool house". Lot coverage will increase from 18.7% to 19.6%. There is not enough room to locate the pool house where the two retaining walls are located between the house and the pool. The significantly sloping topography on this • oddly -shaped parcel creates a hardship to locate the proposal. In 2004, Building Inspector Richard Anderson issued a building permit and allowed installation of the pool without a Variance. The comer of the pool is only 18 feet from the rear and side property lines, which is in violation of zoning. Mr. Cook asked the Board for a `post construction' Variance - 7 feet from the north and southeast sides of the pool. Variance relief to allow for the pool house requires 7 feet from the northeast sideline and 5 feet from the southeast sideline. Mr. Reiffarth instructed Mr. Cook to submit a revised and updated plan with the correct figures. The Board of Health has stipulated that no plumbing or heat is permitted to service the proposed pool house. Mr. Forbush said that he understands the difficulty that the sloping topography creates. However, he said, the proposal will create even more of a non -conformity and potential nuisance for neighbors. Building Commissioner Richard Morgan is also concerned about the location of the pool house being so close to the property line since the Petitioner plans to use the pool house for a gathering place. Mr. Morgan strongly recommends relocation of the proposed pool house. Mr. MacRae said that he explored other options, but feels the proposed location is ideal for his family's needs. The Board indicated that it would not vote for the proposed location and recommended a revised plan relocating the pool house. • Ms. Horton read the following email from direct abutters, Tim and Pam Cline: From: Pam Cline [pcline56@comcast.net] 3