01/01/2016 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A VARIANCE Vladislav and Viktoriya Vilkomir 3 Mizzenmast(Map 125 Parcel 240) Mashpee, MA 02649 V-2016-17 Mrs. Shulman, an abutter who lives at 92 Waterline South Drive approached the Board and said she will be replacing the fence and taking back her 4 feet of property. Mr. Mendoza explained to the homeowner that they are allowed to put up a fence right on the property line,however it would be better to locate the fence with enough space in between the two properties in case repairs are needed to the fence. Mr. Goldstein read the letter from the abutters at 92 Waterline South, and 4 Mizzenmast into the record. Mr.Blaisdell record the Inspection Department comments into the record"The area is zoned R3 and is in the Pre-contact Archaeology Sensitivity area — listed as "High Sensitivity". The applicant is seeking a Variance under §174-31 for the distance of the proposed in-ground pool to the rear property line." Mr. Bonvie read the Conservation Department comments into the record. "The property owners have submitted a permit request to the Conservation Cormmission to construct an in ground pool. The date of the hearing is April 28t". I do not anticipate any issues with this filing. The jurisdiction is flood zone A."He also read the Board of Health comments into the record; "No issues with the pool. The septic is out front so no setback issues apply." Attorney Gildea demonstrated that other properties in the neighborhood were granted variance relief for various projects, and specifically noted that the Shulman's pool is 8.9 feet from their property line. He said that his client has a hardship and relief can be granted without detriment to the public good. In view of the foregoing, the Board determined the Petitioner met the criteria for a Variance. Upon motion duly made and seconded at the Public Hearings on Wednesday, April 27, 2016,the Zoning Board of Appeals voted unanimously to issue a 5 foot Variance in the rear of the property,reducing the 15 foot setback to 10 feet to Vladislav and Viktoriya Vilkomir to allow for the construction of an in-ground pool. Referencing a plot plan for 3 Mizzemnast, Mashpee, MA, titled; "Proposed Pool Plan Plot Plan", Sheet 1, Scale 1" = 40', dated 02-25-2016,Plan No. 1 of 1, Drawn by DPN, checked by PJN and Approved by PJN. Stamped by Peter J. Nolan, Profession Land Surveyor. The Board finds the project meets all requirenrents of a Variance under Mass General Law 40A Section 10. 2