03/11/2009 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Richard Proulx Board of Appeals V-09-05 2 Mr. Slavinsky makes his presentation to the Board asking for a variance seeking relief from the frontyard setback requirement which is currently 40 feet in order that his clients install a pool for their autistic child. Mr. Slavinsky gives a history and overview of the area near Hamblin Road. The road exists as a gravel roadway. In the Monomoscoy area with respect to the many lots there,there are only 10 bigger that the applicants. The lot starts out 31,820 square feet and after they loose much to the wetlands etc, the buildable area is only 5,500 square feet. They have lost a very large amount of square footage for their lot, which is currently assessed at$720,000. The topography presents a problem since the lot is long and narrow. There is bordering vegetative wetlands (hydric soil). The initially had the pool 4 feet larger but have reduced it and moved it back away from the coastal bank. Conservation has requested no apron around the pool due to the coastal bank. Mr. Slavinsky informs the board that their son who is non-verbal, enjoys swimming and would be in the water all day long if he could. They have submitted a letter from the child's primary care Dr. Sabin Sullivan who informs them of many therapueutic benefits that this pool would give to the boy. He is seeking a setback in order to install the pool. Mr. Slavinksy would like to have a chance at rebuttal should there be a need to do so to some of the abutter's comments. Mr. Nelson indicates that he will allow that. The Board then reads several letters from interested parties both for and against the petition. Each will be read into the record. Richard Moore of 21 Hamblin Road is opposed to this variance. His letter dated March 9, 2009 was read into the record. He feels that the proposed pool is too large and they are trying to fit too much onto the narrow lot. He and his family have lived in this area for many years. He states that no Certificate of Compliance has been issued for the property by the Conservation Commission and feels the property should not have been sold without one. The application for a Notice of Intent has been postponed in Conservation until March 19, 2009. He feels by granting this it will have serious negative impact on the enviromnent and his neighbors.