05/22/2024 ZONING BOARD OF APPEALS Minutes

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MEETING MINUTES MASHPEE ZONING BOARD OF APPEALS MAY 22, 2024 Mr. Furbush, second, yes, Mr. Goldstein, yes, Ms. Sangeleer, yes, Mr. Ganzenmuller, yes, Mr. Bonvie, yes. All were in favor to issue a Written Finding. 1 Pontiac Road: Owners, Fernando and Eduarda Frias Carreiro request a Written Finding under §174-17 and §174-33 (Setback from wetlands), of the Zoning Bylaws to allow for construction of a 9 ft. x 21 ft. plunge pool on property located in the R3 Zoning District, Map 125, Parcel 58, Mashpee, MA. Attorney Christopher Kirrane represents the owners who are seeking a Written Finding for a plunge pool. The reason for this application because it is non-conforming as to one issue of the setback to wetlands because this property is partially in the flood zone. The house conforms all the setback requirements. The pool will conform to all setback requirements other than the setback to wetlands. The existing structure meets lot coverage, and will meet the lot coverage with the proposed pool. The reduction from LSTCSF, the lot coverage is under 20% in the R-3 Zoning District. The lot size is 17,021 sq.ft. However,with the deduction of LSTCSF the lot size is 11,080 sq. ft. The existing structure is 1,986 sq. ft. which is 17.9% lot coverage, and with the proposed pool the lot coverage will be 19.6%. The lot will remain conforming. The project was approved by the Conservation Commission. There are no new non-conformities being created. The Board reviewed the site plan and confirmed that the existing structure is in Zone X. The reason this project is in front of the Board is §174-33, setback to wetlands. Ms. Sangeleer read the Conservation Department comments into the record; "The commission approved this project at their April 4`h 2024 public meeting. The proposed pool and patio areas lie just outside of'the 100 year floodplain in areas currently occupied by lawn and a few native trees. No fill proposed(other than regrading of excavated materials) or significant alteration of existing topography As such, the project was deemed to not result in any adverse impacts to the 100 year floodplain". Mr. Goldstein read the Board of Health comments into the record; "Private pool no comment". Mr. Furbush asked how the pool water will be maintained and drained. Attorney Kirrane stated that there are drywells on the property. The plan does depict that the MDF which is the dry wells with a discharge access inlet which is next to the proposed pool. There were no comments from Mr. Morris. 10