04/26/2000 ZONING BOARD OF APPEALS Decisions

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TAVARES LAND DESIGN and ENVIRONMENTAL SERVICES P.O. Box 1409—Mashpee, MA 02649 ° y March 15, 2000 fir= < Town of Mashpee Town Hall € Y Zoning Board of Appeals x 16 Great Neck Rd. North t Mashpee,MA 02649 ' RE: Jacuzzi/deck addition plan and Conservation Permitting -37 Keel Way -New Seabury r: DISCUSSION ON APPLICATION FOR VARIANCE(S) FOR JACUZZFSPA t CONSTRUCTION TO BE PERFORMED AT THE BERISH RESIDENCE WITHIN THE 100' BUFFER ZONE OF A COASTAL BANK and WITHIN A FLOOD ZONE. Dear Zoning Board Member: �n Enclosed please find two copies of plans for Stephen and Louise Berish-20 Larason Farm Rd.- Sharon, y r {1 MA 02067 for their home at at 19 Keel Way. - Mashpee, MA for project to construct a swimming pool, Y P � P j g P , „F patio, fence enclosure, and landscaping. The project replaces a portion of the deck with an equal area of 1 dNft and a Jacuzzi is to be construted within the new deck addition. The reason for the construction is two-fold: 1) to create an isolated intensely applied "corner" of a preexisting deck and; 2) provide a recreational area for the Berishes. The enclosed plan of resource areas shows the original (existing) topography of the site existing. All delineation and measurements were made on site as shown on "Plan of �• "' Land for: Stephen Berish-Lot#64 and Lot#65 Keel Way" dated January 31, 1996 by Yankee Survey Y`= Consultants and Michael Grotzke P.E. and used for that filing. All staking of resource areas is a duplication of these measurements and therefore.surveyed referentially in the field. Flagging of the BVW was essential inasmuch as there exist one more landward resource areas (Coastal Bank) other than flood plain which shall be staked and flagged. Because this work is totally outside these resource areas (except for the flood plain), but rather in a buffer zone adjacent to these resource areas involved, the following Interests of the Wetland ,µ Protection by-law related to those resource areas (namely: Flood Zone) have been mitigated to meet Performance Standards. This proposal is being viewed by the Mashpee Conservation Commission, who area xx currently have it scheduled for April 13, 2000. With this consent we hope to demonstrate to this Zoning Q 4: Board of Appeals that within the framework of MGL Chapter 40A: Section 10. (Variances) that the following are indeed the issues of the case. To paraphrase ..... .....where suchg ermit ranting authority specifically ow ly finds that owing to circumstances relating to the soil P conditions, shape, or topography of such land or structures and especially affecting such land or structures but not affecting generally the zoning district in which it is located, a literal enforcement of the provisions of the F; ordinance or by-law would involve substantial hardship, financial or otherwise, to the petitioner or appellant, and that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of such ordinance or by-law...." that this project is possible, in fact. The Lhae of the property does not support the addition of an ' outdoor recreational "jacuzzi/deck area" due to: 1) the juxtaposition of the house and the existing deck coinciding with the lot's shape within the framework of the sideline setbacks; and 2)the distance the area is } y a Pg. 1 krrK. WETLAND PERMITTING - 1-508-888-4960— SITE & LANDSCAPE DESIGN y _ wettech@capecod.net and www,capecod.net/wettech/ + x L .t� G