02/23/2000 ZONING BOARD OF APPEALS Decisions

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i yARES LAND DESIGN and ENVIRONMENTAL SERVICES TA P.O. Box 1409 — Mashpee, MA 02649 I � January 18, 2000 own of Mashpee Town Hall oning Board of Appeals 6 Great Neck Rd. North shpee,MA 02649 Swimming pool plan and Conservation Permitting -15 Keel Way-New Seabury DISCUSSION ON APPLICATION FOR VARIANCE(S)FOR SWIMMING POOL CONSTRUCTION TO BE PERFORMED AT THE GAINSBORO RESIDENCE WITHIN THE 50OF WETLAND RESOURCE AREA AND (8.64 ) and WITHIN 9 OF A SIDELINE SETBACK AREA FROM THE PROPERTY LINE. ear Zoning Board Member: { Enclosed please find two copies of plans for Mr. & Mrs. Lloyd P. Gainsboro-37 West Ridge-Sharon, MA 02067 for their home at at 15 Keel Way. - Mashpee, MA for a project to construct a swimming pool, patio, fence enclosure, and landscaping plus the construction of two minor additions. The reason for the construction is three-fold: 1) to create an isolated intensely applied "side yard" of a demanding site (the variance request are two setback requirements a) from 15' to 3' along the property line simply because apool 'I would be impossible otherwise, and b)vary the setback from the 50'wetland setback by 8.64'. Again, this is to accomodate a human scale pool. This measurement is significant inasmuch that Conservation generally uses this rule of not going beyond the most proximate part of the house toward the wetlands) ; 2) provide a ' I r an ancillary room to the home. � 3 d additional garage storage e and recreational area for the Gamsboro s, and ) ad g g g ary This requires a slight variance of 1.57' from the 30' setback. 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 for Proposed Addition for: Lloyd Gainsboro-Lot#59 Keel Way" dated March 2, 1987 and revised June 15, 1988 by Warwick and Associates and used for this filing. All staking of resource areas is a duplication of these measurements and therefore surveyed referentially in the field. Flagging of the wetlands is • essential inasmuch as there exist one more landward resource areas (Coastal Bank) which shall be staked and y flagged.Because this work is totally outside these resource areas, but rather in a buffer zone adjacent to these !� resource areas involved, the following Interests of the Wetland Protection by-law related to those resource areas (namely: Flood Zone) have been mitigated to meet WETLAND Performance Standards or shown insignificant. This proposal has been accepted b the Mashpee Conservation Commission, who are currently P P Y P issuing an Order of Conditions.iti s. With this consent we hope to demonstrate o to this Zoning Board of Appeals thatindeed the within 0 (Variances)that the following are e hm the framework of MGL Chapter 40A: Section 1 . (V ) g issue$of the case. To paraphrase ..... ...where such permit granting authority specifically finds that owing to circumstances relating to the soil conditions, shape, or topography of such land or structures and especially affecting such land or structures but aot affecting generally the zoning district in which it is located a literal enforcement of the provisions of the 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 ldif ing or substantially derogating from the intent or purpose of such ordinance or by-law...." Pg. 1 WETLAND PERMITTING - 1-508-888-4960— SITE & LANDSCAPE DESIGN wettech(a,capecod.net and www.capecod.net/wettech/