09/12/2012 ZONING BOARD OF APPEALS Minutes

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ZONING BOARD OF APPEALS MINUTES SEPTEMBER. 12, 2012 • and especially affecting such land or structures, but not affecting generally the zoning district in which it is located. (2) a literal enforcement of the provisions of the By-law would involve substantial hardship, financial or otherwise, to the Petitioner. (3) 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 the By-law. Mr. Bonvie made a motion to GRANT a Variance, conditioned upon compliance with Cape & Islands Engineering Plan entitled: Proposed Leaching Catch Basin Prepared for The Hubert Trust Hse. No. 4 Cross Street Mashpee, Mass. Date: Sept. 5, 2012. Mr. Furbush seconded the motion. Votes: Mr. Blaisdell, opposed. Mr. Bonvie, opposed. Ms. Horton, opposed. Mr. Dorsey, opposed. Mr. Forbush, opposed. Vote was unanimous. Mr. Bonvie made a motion to DENY a Variance, as detailed in Cape & Islands Engineering Plan entitled: Proposed Leaching Catch Basin Prepared for The Hubert Trust Hse. No. 4 Cross Street Mashpee, Mass. Date: Sept. 5, 2012. Mr. Furbush seconded the motion. Votes: Mr. Blaisdell, in favor of Denial. Mr. Bonvie, in favor of Denial. Ms. Horton, in favor of Denial. Mr. Dorsey, in favor of Denial. Mr. Furbush, in favor of Denial. Vote was unanimous. Attorney Costello explained that, in the case of a Remand Order, the Board must file its Decision within 30 days after the Public Hearing. Ten days after the Decision is filed with the Town Clerk, Town Counsel and Counsel for the Petitioner will submit an • updated status report to the Land Court relative to the action taken by the Board. After that the Land Court will consider the arguments presented. Due to another commitment, Mr. Bonvie left the meeting at 7:35 p.m. George H. Ryan, III: Requests 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 pre-existing, non -conforming dwelling on property located in an R-3 zoning district at 180 Ninigret Avenue (Map 65 Parcel 89) Mashpee, MA. Sitting: Board Members Jonathan D. Furbush, William A. Blaisdell, Judith M. Horton and Associate Members John M. Dorsey and Domingo K. DeBarros. Mr. George H. Ryan III represented his Petition and said that plans call for removal of the existing hot tub. This will be replaced with a therapy swim spa that will facilitate his wife's recovery from a broken neck injury. The swim spa will be enclosed within a three -season sunroom. The proposal will increase lot coverage from 22% to 23%. Mr. Ryan said that the pool and the water will be heated so that his wife can use the pool year-round. Mr. Dorsey reminded Mr. Ryan that heat to service the three -season room is prohibited. Mr. Morgan questioned why Mr. Ryan's fence and two of his sheds are illegally located • in the right of way and not on his property. Mr. Morgan asked if Mr. Ryan would be willing to remove two of the sheds and relocate the fence to his own property. After a short discussion with his architect Bruce Devlin, Mr. Ryan agreed to remove two of the 5