08/11/2010 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS • MINUTES AUGUST 11; 2010 The Mashpee Zoning Board of Appeals held Public Hearings on Wednesday, August 11, 2010, at the Mashpee Town Hall. Board Members Robert G. Nelson, Jonathan Furbush, William A. Blaisdell, and James Reiffarth along with Associate Members Peter R. Hinden and Ronald S. Bonvie were present. Attorney Jena Caruso Muiioz was present as legal counsel for the Board. Board Member John M. Dorsey was not able to attend the meeting. Chief George Baker was also in attendance. Chairman Robert G. Nelson opened the hearings at 7:00 p.m. and stated that the meeting was being televised. CONTINUED HEARINGS Olavo Macedo, Jr. et al: Requests a Variance from Section 174-31 of the Zoning By- laws for permission to vary the side and rear setback requirements to allow for construction of a swimming pool on property located in an R-3 zoning district at 16 Driftwood Circle (Map 126 Parcel 34) Mashpee, MA. Continued from July 28, 2010 Public Hearings to allow Petitioner an opportunity to submit revised and detailed plans of the proposed construction. • Sitting: Board Members Robert G. Nelson, William A. Blaisdell and James Reiffarth, and Associate Board Members Peter R. Hinden and Ronald S, Bonvie. Mr. Daniel Buckley of One Pointe Home Orators represented the Petitioner. He submitted revised plans showing the exact dimensions of the proposed pool, as well as the location of the pool equipment and the spa. There is no need for a Variance from the rear setback requirements. Mr. Nelson mentioned the letter from abutters concerned with the close proximity of the pool to their property. He suggested that the Board could prohibit the Petitioner from storing any materials on or close to the lot line and that excavation should be kept away from that side of the property during construction of the project. Mr. Nelson said.that the Petitioner will need approval from the Architectural Review Committee (ARC). The ARC is a neighborhood committee, not a Town committee. Mr. Nelson.said that the pool must be staked out prior to construction and a certified plan must be done after the construction. Mr. Nelson said that there will be a patio area, but there shall be no decking. Mr. Steven Peltzman, direct abutter at 18 Driftwood Circle, said that he was interested in maximizing his privacy and expressed concern with the encroachment of the construction into the side setback. Mr. Nelson said that the location of the septic system restricts location of the proposed pool.