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MASHPEE ZONING BOARD OF APPEALS <br />MAY 23, 2012 <br />MINUTES <br />• At the continued hearings on May 23, 2012, Project Designer Steven Cook of Cotuit Bay <br />Design, LLC. represented the Petition along with homeowner Martin MacRae. The <br />proposed size of the pool house has been reduced and has been moved three feet closer to <br />the pool and further away from the rear setbacks. Mr. Cook said that the proposal is <br />located in such a way as to contain and muffle noise from the pool and the pool house <br />away from Ms. Cline's abutting property. The significant sloping topography and shape <br />of the parcel create a hardship for the Petitioner to place the pool house in another <br />location. <br />Mr. Furbush said that he appreciated the Petitioner's efforts to relocate the proposal. <br />However, he expressed concern that neighbors will be adversely affected by noise with <br />this proposal, especially late at night. In a letter to the Board, Building Commissioner <br />Richard Morgan said that he is also worried about noise affecting the enjoyment by <br />neighbors of their properties. Mr. Morgan strongly urged the Board to insist on assurance <br />from the Petitioner that he will not disturb his neighbors with late-night parties at the pool <br />and pool house. Mr. MacRae said that he has lived there for over 20 years and has never <br />caused a noise problem to his neighbors. Mr. MacRae said that he has always been a <br />good neighbor and will continue to be. <br />Ms. Pam Cline, a direct abutter at 56 Tobisset, said that she is surrounded by pools very <br />close to her lot line. She said that one of the neighbors has very noisy late-night pool <br />parties. She stated that she appreciates the revised proposal and wants the Petitioner to <br />enjoy his yard, as she wants to enjoy hers. <br />• <br />Mr. MacRae said that he plans to mitigate the proposal with extensive tree planting on the <br />southeast and northeast sides of his property. A large portion of the lot is heavily <br />wooded. <br />Mr. Furbush asked for reassurance from Mr. MacRae that the Board would not regret <br />granting the Variance to allow for the proposal because his neighbors become unhappy <br />with the level and amount of noise. Mr. MacRae said that the Board would not have to <br />worry about the noise because it would not be an issue. Mr. Blaisdell commented that the <br />noise from the pool would seem to be muffled by the pool house. Mr. Furbush reminded <br />everyone to be mindful of their neighbors' right to enjoyment and peace and quiet. He <br />said that he expects the neighbors to be respectful of each other. <br />Mr. Reiffarth recommended that the proposed tree planting and landscaping mitigation be <br />included in the Decision. <br />Mr. Blaisdell made a motion to grant a Variance of 15 feet from the rear setback <br />requirements on the northeast and southeast sides of the parcel to allow for the proposal. <br />Findings: significantly sloping topography; oddly -shaped parcel; Petitioner has diligently <br />attempted to mitigate noise. Conditions: Petitioner guarantees that noise from use of the <br />pool and pool house will not become a noise issue for his neighbors. Petitioner plans to <br />mitigate with extensive landscaping for noise reduction along the northeast and southeast <br />sides of the property - planting of arborvitae, and shrubs, as well as trees that will be at <br />least 7 to 8 feet tall. Construction of the planting will commence in September. Board of <br />2 <br />