06/22/2011 ZONING BOARD OF APPEALS Minutes

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. MASHPEE ZONING BOARD OF APPEALS JUNE 22, 2011 MINUTES • Sitting: Board Members Robert G. Nelson, Jonathan D. Furbush, William A. Blaisdell and James Reiffarth and Associate Member Judith M. Horton. Mr. Ronald S. Bonvie said that he was stepping down from this Petition. Materials submitted: photos of the subject and abutting properties. * Attorney Kevin M. Kirrane and Architect Timothy Luff represented the Petitioners. Mr. Todd Pavone, the prospective owner also attended the meeting. The property is under a Purchase and Sale Agreement with Todd and Dena Pavone. The existing dwelling will be replaced with a new 4 -bedroom residence along with addition of a pool. Attorney Kirrane said that the pool will be installed within the coastal bank, requiring a 50 -foot setback from water and wetlands. He also stated that the existing structure is closer to the northerly and southerly sidelines,, closer to the street and closer to the wetlands than the proposed construction. Attorney Kirrane said that the coastal bank cuts through a substantial portion of the lot and actually runs through the existing structure. He stated that the property slopes significantly from front to back with a substantial change in elevations on the property. These unique circumstances create hardship for the parcel to be developed without Variance relief from the setback requirements. Mr. Maintanis noted that the proposed retaining wall would appear to be 12 feet in height in some areas on the property. Attorney Kirrane said that the proposal is consistent with other projects in the area. • Mr. Luff said that the average grade was determined by Registered Land Surveyor Thomas Bunker. Mr. Maintanis quoted the By-laws which state that "height shall be measured from the average original grade of the land adjacent to the foundation line of any proposed structure", rather than average grade on the lot. The Board of Health has approved installation of a new Title V Septic System; a vast improvement over the existing cesspool. Mr. Luff said that the Conservation Commission has demanded a significant amount of mitigation planting on the property along with reduction of the size of the lawn. The Conservation Commission has scheduled another hearing on the proposal for June 30, 2011. Mr. Furbush said that he is concerned with the overcrowding of houses in the area and asked if the pool could be moved further away from the lot line. Mr. Reiffarth made a few suggestions on where the pool could be relocated. Mr. Luff said that this would re- direct traffic flow too close to the pool for safety or comfort. Mr. Pavone said that he has several small children. He desires a larger patio area with as much space as possible between the house and the pool area in order to ensure the wellbeing of his family. After some discussion, the Board concluded that relocating the pool a meager couple of feet would not have much of an impact on the entire proposal. • No comments were received from abutters. L,