09/12/2012 ZONING BOARD OF APPEALS Minutes

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Town afMash Pe �f 16 Great Jl'eck-Road Arlh Moshpoe,Massachusetts 02649 MASHPEE ZONING BOARD OF APPEALS DECISION FOR A WRITTEN FINDING FINDING-2012-40 George H. Ryan III Certificate of Title: 83379 180 Ninigret Avenue Subdivision Plan: 11380-B (Sheet 10) Map 65 Parcel 89 Lots 1301 and 1302 Mashpee, MA 02649 A Petition was filed on August 3, 2012 by George H. Ryan III requesting a Written Finding under Section 174-17 of the Zoning By-laws to allow for construction of a therapeutic lap pool and enclosed three-season sunroom onto a non-conforming dwelling structure on property located in an R-3 zoning district at 180 Ninigret Avenue (Map 65 Parcel 89) 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 August 24, and August 31, 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 September 12, 2012. The following members of the Board were present and acting throughout: Board Members Jonathan D. Furbush, William A. Blaisdell, Judith M. Horton and Associate Members John M. Dorsey and Domingo K. DeBarros. The Mashpee Zoning Board of Appeals issues this Decision pursuant to the provisions of Massachusetts General Laws Chapter 40A §9 and the Town of Mashpee Zoning By-laws. Mr. George H. Ryan III represented his Petition and stated that his proposal calls for removal of the existing hot tub on the deck. This will be replaced with a therapeutic lap pool enclosed within a three-season sunroom. Mr. Ryan said that the therapeutic lap pool will facilitate his wife's recovery from a broken neck injury. Mr. Dorsey reminded Mr. Ryan that heat to service the three-season room is prohibited. Mr. Ryan acknowledged the Board of Health restriction and assured the Board that only the pool and the water will be heated so that his wife can use the pool year-round. The proposal will increase lot coverage from 22% to 23%. Building Commissioner Richard E. Morgan discovered that Mr. Ryan has two sheds and a fence located within the right of way. After a discussion with the Board and Mr. Morgan, Mr. Ryan agreed to remove two of the sheds, move a third shed onto his property approximately one foot from the driveway, and relocate the entire fence to his property. Revised plans with these changes shall be submitted to the ZBA office. Ms. Mary Hallinan of 10 Metacom Road sent a letter in approval of the proposal. The Conservation Commission has approved the project. The Board of Health has approved the proposal with the following restriction: "No heat may service the three-season room."