01/12/2022 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES JANUARY 12,2022 Mr. Furbush said he has no issue with the setbacks on the front and the side that runs along Cranberry Lane, but has an issue with the 9.4 ft. on the other side of the property. He doesn't see a hardship to allow a Variance. Mr. Culhane explained that the homeowners would like to expand their home and improve the current conditions so they can work from home. Mr. Culhane said that the garage is a two bay, and two story garage. Mr. Furbush explained the conditions considered under a Variance request; topography, soil conditions, or an odd shaped lot. He could not determine any of those conditions for this application. He suggested a one bay garage. Mr. Ganzenmuller read the comments submitted from the DPW Director, Conservation Agent, and Board of Health Agent into the record. Mr. Culhane asked for a continuance of the project until January 26, 2022. Mr. Reidy made a motion that the Board accept the continuance until January 26, 2022. Mr. Pittsley seconded, yes,Mr. Caggiano, yes, Mr. Reidy, yes, Mr. Blaisdell,yes, and Mr. Furbush, yes. All were in favor to continue. Sitting on this hearing will be Mr. Furbush, Mr. Blaisdell, Mr. Reidy, Mr. Ganzenmuller, and Mr. Pittsley. 23 Ocean Bluff Dr.: Petitioner, Michael Picard requests a Variance from the rear yard setback under §174-33 (Setback from wetlands) of the Zoning Bylaws to allow for construction of an in-ground pool on property located in an R-3 Zoning District (New Seabury Special Permit Area), Map 123 Parcel 204, Mashpee, MA. (Owner of Record: 23 Ocean Bluff, LLC). Mike Coutu, with Sudbury Design Group represented the owners of 23 Ocean Bluff Dr. The project consists of a small swimming pool in the rear of the property that overlooks Nantucket Sound. The lot area is currently a level lawn area and terrace that will be replaced with an in ground pool. They presented this project to the Conservation Commission back in December, and modified the plan to move the pool back further from the coastal bank area from 5.3 ft. to 14.7 ft. The Commission approved the revised plan and will issue an Order of Conditions. They are seeking relief from the 50 ft. buffer. They received a waiver from the Commission demonstrating a medical need for the pool. Mr. Furbush explained to the Board that this property lies within the New Seabury Special Permit area. Mr. Coutu said that similar projects in the past in the same neighborhood did not require relief from the Zoning Board. The buffer zone is 50 ft.; originally the structure was 5 ft. 3 inches from the coastal bank is now 14 ft. 7 inches. The request is 35 ft. 5 inches. 6