01/12/2022 ZONING BOARD OF APPEALS Decision

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&' y,,,tuWCy. ry y� Mashpee rf ` rz o rJ GG g 4t aG C:reatGNc>ck AvadXorth AldshpeE,Massachusetts 02649 MASHPEE ZONING BOARD OF APPEALS DECISION FOR A VARIANCE V-2022-05 Petitioner, Michael Picard Doc.: 1420283 Owner of record: 23 Ocean Bluff LLC Ctf.: 225365 23 Ocean Bluff Drive Map 123 Parcel 204 Mashpee, MA 02649 A Petition was filed on December 1, 2021 by Petitioner, Michael Picard requesting 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),at 23 Ocean Bluff Drive,Map 123 Parcel 204, Mashpee, MA. (Owner of Record: 23 Ocean Bluff, LLC). Notice was duly given to abutters in accordance with Massachusetts General Laws Chapter 40A. Notice was given by publication in The Mashpee Enterprise, a newspaper of general circulation in the Town of Mashpee,on December 10,2021 and December 17,2021 a copy of which is attached hereto and made a part hereof. The Mashpee Zoning Board of Appeals issues this Decision pursuant to the provisions of Massachusetts General Laws Chapter 40A §10 and the Town of Mashpee Zoning By-laws. Public Hearings were held on the Petition at the Mashpee Town Hall on Wednesday, January 12, 2022 at which time the following members of the Board of Appeals were present and acting throughout; Chairman, Jonathan Furbush, Vice Chairman, William Blaisdell, and Associate Members, George Ganzenmuller, Charles Reidy, and Brad Pittsley. Mike Coutu, with Sudbury Design Group represented the owners of 23 Ocean Bluff Dr. The project consists of a small in-ground swimming pool in the rear of the property that overlooks Nantucket Sound. The lot area is currently a level lawn and terrace that will be replaced with an in-ground pool. The project was presented to the Conservation Commission back in December, and the plan was modified 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. The applicant is seeking relief from the 50 ft. buffer under §174-33. Mr. Coutu mentioned a waiver was received from the Commission demonstrating a medical need for the pool. He said similar projects in the past were approved in the same neighborhood and did not require relief from the Zoning Board. Mr. Furbush explained to the Board that this property lies within the New Seabury Special Permit area. However,the project lies with the wetland resource area. 1