07/27/2011 ZONING BOARD OF APPEALS Minutes

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MASHPEE "ZONING BOARD OF APPEALS MINUTES JULY 27, 2011 • • the proximity of the subject property to the river with the required 150 -foot setback creates setback constraints that are unique to the property. • the odd shape of the subject property. • the unusual configuration of the existing dwelling. • several large decks that are not actual living space, but are considered part of the lot coverage, another unique feature of the property. Attorney McElhinney said that a Conservation Commission hearing is scheduled for next week concerning the proposed upgrade of the septic system. A percolation test has been conducted. Mr. Nelson said that the septic system is not under the jurisdiction of the ZBA. Mr. Furbush said he has a problem with the size of the pool and the request for 24% lot coverage. He asked if the Petitioner would consider ripping off a part of one of the existing decks. Attorney McElhinny said that would be an alternative, but it would be an uneconomical and unattractive option. He said that it wuuld be hard to rationalize destruction of perfectly adequate structures in this economy. Mr. Reiffarth stated that he is not willing to grant 24% lot coverage and that the proposed Mx15-foot pool should be adequate for the Petitioner's needs. Mr. Nelson commented that the proposed location of the pool would be very close to the dwelling at only four feet away. • Attorney McElhinny said that Mr. Norcross has spent a substantial amount of money on engineering plans and he hasn't even bought the home yet. Mr. Norcross was waiting for ZBA approval before he spent more money on a fully -engineered pool plan. Attorney McElhinny explained that the Petitioner was looking for a little flexibility with Variance relief from the lot coverage. Mr. Norcross said that a fiberglass pool would not crush the septic system and would be easier to install on the property. The size of the fiberglass pool is 1402.6 feet, only five square feet larger than the proposed 1500. Mr. Norcross said that he taught his daughter how to swim when she was two years old. He said that she was always banging into things and getting hurt. Mr. Norcross said that when his daughter is in the water, she's liberated. Mr. Norcross said that his daughter has been residing in a shared -living environment in Mashpee since 2005. He has a small condo in the Mews and needs more room to accommodate other family members. He looks forward to integrating them back into his life along with his daughter. Mr. Nelson commented that Mr. Norcross is trying to put his family back together again and in order to do so, he wishes to install the pool. Mr. Nelson said that it is a valid request and he supports it. He said that if the engineer had used the original calculation of 20% lot coverage, the proposal would be coming in under 21%. Mr. Reiffarth asked for the explanation of the question mark on the plan. Mr. • Norcross explained that it is an enclosed deck off the master bedroom. Mr. Stefano said that it is a platform for a hot tub and is approximately one foot off the ground. Mr. Nelson said it could be argued that this 16x12 foot deck is actually a patio. This 2