07/27/2011 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MINUTES JULY 27, 2011 • would reduce the lot coverage by 192 square feet, nearly half the dimension of the proposed pool. Mr. Alfred Houston of 52 Old Dock Lane inquired about the flags all over the ground on the subject property. Mr. Norcross explained that the flags located the sprinkler system heads so that the irrigation system wasn't destroyed when the perc test was conducted. Mr. Nelson said that the concrete patio will only be four to five feet wide around the pool. Mr. Houston asked about proposed tree removal and the fence design. He said he doesn't like the idea of a vinyl fence and would prefer a wooden fence. He asked the Board to have Mr. Norcross install planting by the fence. Mr. Norcross said that only one dead pine tree will be removed in connection with installation of the pool. Mr. Nelson said that any tree removal in connection with the septic system is outside the ZBA's control. Mr. Michael Aceto, a direct abutter at 39 Godfrey Road, said that Mr. Norcross went through the proper procedures and received unanimous approval from the Baybury Village Homeowners Association for installation of black chain link or black aluminum rail fencing. He said that the Association was opposed to a stockade wooden fence. He and.Mr. Norcross confirmed that the fence will be almost invisible. Mr. Nelson suggested that the Petitioner should install the fence two feet away from the property line which would allow him to maintain the fence without encroaching on his neighbor's property. • Mr. Nelson informed the Board that he knows Mr. Aceto and that Mr. Nelson's daughter was married to one of Mr. Aceto's relatives. Mr. Nelson said that this relationship would not affect his decision. Mr. Edward Tucker of 53 Godfrey Road said that he is also concerned about the appearance of the proposed fence. Mr. Norcross said that existing trees and shrubs will obscure the fence from the abutters' view. Mr. Nelson made a motion to grant a Variance of 2.7% from the lot coverage requirements to allow for installation of a 30x 15 -foot pool. He also made a motion requiring installation of the proposed fence on the westerly and southerly lines at a minimum of 2 feet away from the property lines into the subject property. This is conditioned upon compliance with Warwick & Associates, Inc. plan entitled: "Site Plan Proposed Pool for 47 Godfrey Road, Mashpee, Mass. Date: 7/02/2011. Plan revisions: 7/1/11 and 7/18/11".. Mr. Reiffarth seconded the motion. Mr. Bonvie voted yes. Mr. Furbush voted yes. Mr. Nelson voted yes. Mr. Reiffarth voted yes. Mr. Blaisdell voted yes. Motion was unanimously passed. CONTINUED HEARINGS Stephen Berish, Trustee: Requests a Finding under Section 174-24.J and a Special • Permit/Modification under Section 174-25.E(2) to allow for retail and service donut/pastry shop with accessory drive-thru window on property located in a C -2/R- 3 zoning district at 439 Nathan Ellis Highway (Map 72 Parcel 23) Mashpee, MA. 3