07/28/2010 ZONING BOARD OF APPEALS Minutes

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1E1U11N,�, Town of Nashpee y 1 16 C,rcat J%ek �Ikoad Xbrth. ^�1 Nlashpce,Massachusetts 02649 MASHPEE ZONING BOARD OF APPEALS DECISION FOR A VARIANCE V-10-32 Olavo Macedo,Jr., et al Assessor's Map 126 Parcel 34 16 Driftwood Circle Certificate of Title: 186024 Mashpee,MA 02649 A Petition was filed on June 29, 2010 by Olavo Macedo, Jr., et al for a Variance from Section 174-31 of the Zoning By-laws for permission to vary the side and rear setback requirements to allow for construction of a swimming pool on property located in an R-3 zoning district at 16 Driftwood Circle(Map 126 Parcel 34)Mashpee,MA. 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 July 9, and July 16, 2010, a copy of which is attached hereto and made a part hereof. Public Hearings were held on the Petition at the Mashpee Town Hall on July 28, and August 11, 2010. The following members of the Board were present and acting throughout: Robert G.Nelson, William. A. Blaisdell,James Reiffarth,Peter R. Hinden and Ronald S. Bonvie. 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. At the Public Hearings on July 28, 2010, Mr. Daniel Buckley of One Pointe Home Curators represented the Petition. He said that plans call for installation of an 18-foot x 35-foot swimming pool on the property. The proposal also requires approval from the New Seabury Architectural Review Committee, which is not a Town of Mashpee committee. Lot coverage will remain below the allowed 30%. Mr. and Mrs. Steven Peltzman, direct abutters at 18 Driftwood Circle, sent a letter expressing concern about the close proximity of the proposed construction to their outdoor living space. They inquired if there are any alternatives to the proposed construction running parallel to their property line for the entire 35 feet. Mr. Buckley said that the location of the septic system restricts where the pool can be installed on the property. The Board continued the Petition until August 11, 2010 to allow the Petitioner an opportunity to submit a certified plan showing the exact dimensions of the pool and the exact location of the pool equipment and the spa. The Petitioner submitted revised plans showing the exact dimensions of the proposed pool, as well as the location of the pool equipment and the spa prior to the August 11"'meeting. Mr. Steven Peltzman, direct abutter at 18 Driftwood Circle, said that he was interested in maximizing his privacy and expressed concern with encroachment of the construction into the side setback. Mr. Nelson reiterated that the location of the existing septic system limits placement of the proposed pool on the property.