03/11/2009 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Richard Proulx Board of Appeals V-09-05 3 Dr. Sabin Sullivan: Writes that Taylor Proulx is a 10 year old boy with Pervasive Developmental Disorder (autism). He is non-verbal and providing a swimming pool would provide a safe and confined area for him to swim in. It would benefit him physically and emotionally as well. Her letter dated February 12, 2009 was read into the record. Debbie Williams—Norwich Vt— She is also opposed to this variance. She mentions her concern about run-off of treated water in the abutting wetlands which are designated in the ACEC. She feels the applicant is trying to fit too much on the narrow lot. Her letter of March 11, 2009 is read into the record. Ann Guay: Tells Board of the friendship their son (also autistic)has with Taylor Proulx. She feels that the challenges the applicant faces everyday raising a child with this disability could be eased with them being allowed to have a pool for the kids. The kids flourish in this enviromuent she realizes that they wish to do everything they can in order that this child have as close to a normal life as possible. Mr. Slavinsky mentions there has been a denitrification system installed which is another reason the pool cannot be pushed back. Mr. Nelson asks Mr. Steven,the Building Commissioner his opinion on the setback issue. He tells the Board that he feels since the lost was created in 1954 and the setback at that time was zero,that is still grandfathered in at present. Mr. Slavinsky then re-directs his presentation to discuss the average setback rule and if this is a better way to address his request. He would consider withdrawing his variance request if the average setback rule is 3.4 feet for his applicants lot—and they are proposing 4.1 feet. The Board discusses the different scenarios with Mr. Slavinky and Mr. Stevens. Mr. Nelson indicates there may be a problem with applying the average setback rule to the vacant lot next door since there is no dwelling on it and the rule applies to setbacks for dwellings. Mr.Nelson says,to Mr. Slavin ky if the Board were to issue a variance he would require that it would only be in affect until the child no longer resides with the parents in that house. He wants the pool to be removed when they no longer reside there. Can his clients live with this? Mr. Slavin ky says he feels they definitely can but does wish to speak with them. Mr. Nelson feels a continuance is warranted in order that the applicant has time to discuss this stipulation with Mr. Slavinsky. He agrees to this and the matter is continued until March 25, 2009.