04/08/2026 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES APRIL 8, 2026 49 The Heights: Owners, Jan Aggerbeck and Pamela S. Aggerbeck, Trustees request a Written Finding under §174-17, §174-33, and §174-34, of the Zoning Bylaws to allow for construction of an inground pool on property located in the R-3 Zoning District, and Willowbend neighborhood, Map 69, Parcel 168, Mashpee, MA. Mr. Josh Green with Homestead Consulting Engineering represented the applicants requesting a proposed inground pool that is 12 ft. by 22 ft. located in the Willowbend neighborhood. The site plan depicted the lot area is 18,387 sq. ft. The pool is within 150 ft. of the cranberry bog and 75 ft. to a wetland resource area. Approval was given by the Willowbend Architectural Review, and an Order of Conditions by the Conservation Commission. There are several homes in the neighborhood that have inground pools. Two of the abutting neighbors'pools are 150 ft. of cranberry bogs and every structure on the cast side is within 75 ft. from the wetland resource areas. There is an impervious patio that allows infiltration. The plan depicts the lawn area situated toward the wetland resource area and will promote infiltration. The Board was concerned that the lot coverage is currently 25.7% and the proposed lot coverage increased to 27.7%. The maximum allowed lot coverage under the R-3 zoning bylaws is 20%. Mr. Bonvie asked if the applicant had written approval from the Willowbend Board of Governors regarding the pool. Mr. Green said that there is an email approval, but he did not submit that to the Board. Mr. Bonvie said that there should be written approval that the pool meets the guidelines under the rules and regulations of the Willowbend Master Deed and the bylaws. The ZBA wants to obtain a copy of the written approval. Mr. Furbush asked Mr. Morris if a Variance was required. Mr. Morris said the lot is condominium land. The homeowners do not own the land. He believes they need permission from Willowbend. He does not believe that it requires a variance. Mr. Furbush wanted to know if this property is under a Special Permit and what the maximum lot coverage is under that Special Permit. Mr. Green didn't know the answer. Mr. Furbush said that in an R-3 District the lot coverage is 20%. He told the applicant that increasing nonconformity is not allowed. Ms. Sangeleer said that the Board does not allow an increase in nonconformities. 5