MASHPEE ZONING BOARD OF APPEALS
MAY 23, 2012
MINUTES
The Mashpee Zoning Board of Appeals held Public Hearings on Wednesday, May 23, 2012 at 7:00 p.m. (Conference Room #2) at the Mashpee Town Hall, 16 Great Neck Road North. Board Members Jonathan D. Furbush, William A. Blaisdell and James Reiffarth and Associate Member Judith M. Horton were present. Board Member Ronald S. Bonvie and Associate Member John M. Dorsey were unable to attend.
Mr. Furbush opened the meeting at 7:00 p.m. and gave the Petitioner the option of continuing the hearing until there was a five-member Board sitting. The Petitioner chose to have the three Board Members and the Associate Member hear his Petition tonight.
CONTINUED HEARINGS
Carol MacRae: Requests a Variance from Section 174-31 of the Zoning By-laws to vary the rear setback requirements to allow for construction of a pool house on property located in an R-5 zoning district at 14 Michelle Lane (Map 37 Parcel 133) Mashpee, MA.
Continued from April 25, 2012 Public Hearings to allow Petitioner an opportunity to consider relocating the proposal. Revised plans submitted.
Sitting: Board Members Jonathan D. Furbush, William A. Blaisdell and James Reiffarth and Associate Member Judith M. Horton.
At the Public Hearings on April 25, 2012, Project Designer Steven Cook of Cotuit Bay Design, LLC. represented the Petition for construction of a pool house. Homeowner Martin MacRae was also present. The Board acknowledged the difficulty that the sloping topography creates for location of the proposal. However, the Board was worried that the proposal would create even more of a non-conformity, as well as a potential nuisance for neighbors. Building Commissioner Richard Morgan strongly recommended relocating the pool house further away from the abutter’s property line since the Petitioner plans to use the pool house for a gathering place. Mr. MacRae said that he explored other options, but feels the proposed location is ideal for his family’s needs.
An email dated April 24, 2012 from direct abutters, Tim and Pam Cline expressed concern that the pool house would be a place for entertaining and asked for reassurance that appropriate times and respect shall be given to the abutting neighbors. Mr. and Mrs. Cline requested that the Petitioner guarantee that noise will not become a problem.
The Board indicated that it would not vote for the proposed location and recommended a revised plan relocating the pool house. The Board voted unanimously to continue the Petition until May 23, 2012 to allow the Petitioner an opportunity to submit a plan relocating the proposed pool house.
At the continued hearings on May 23, 2012, Project Designer Steven Cook of Cotuit Bay Design, LLC. represented the Petition along with homeowner Martin MacRae. The proposed size of the pool house has been reduced and has been moved three feet closer to the pool and further away from the rear setbacks. Mr. Cook said that the proposal is located in such a way as to contain and muffle noise from the pool and the pool house away from Ms. Cline’s abutting property. The significant sloping topography and shape of the parcel create a hardship for the Petitioner to place the pool house in another location.
Mr. Furbush said that he appreciated the Petitioner’s efforts to relocate the proposal. However, he expressed concern that neighbors will be adversely affected by noise with this proposal, especially late at night. In a letter to the Board, Building Commissioner Richard Morgan said that he is also worried about noise affecting the enjoyment by neighbors of their properties. Mr. Morgan strongly urged the Board to insist on assurance from the Petitioner that he will not disturb his neighbors with late-night parties at the pool and pool house. Mr. MacRae said that he has lived there for over 20 years and has never caused a noise problem to his neighbors. Mr. MacRae said that he has always been a good neighbor and will continue to be.
Ms. Pam Cline, a direct abutter at 56 Tobisset, said that she is surrounded by pools very close to her lot line. She said that one of the neighbors has very noisy late-night pool parties. She stated that she appreciates the revised proposal and wants the Petitioner to enjoy his yard, as she wants to enjoy hers.
Mr. MacRae said that he plans to mitigate the proposal with extensive tree planting on the southeast and northeast sides of his property. A large portion of the lot is heavily wooded.
Mr. Furbush asked for reassurance from Mr. MacRae that the Board would not regret granting the Variance to allow for the proposal because his neighbors become unhappy with the level and amount of noise. Mr. MacRae said that the Board would not have to worry about the noise because it would not be an issue. Mr. Blaisdell commented that the noise from the pool would seem to be muffled by the pool house. Mr. Furbush reminded everyone to be mindful of their neighbors’ right to enjoyment and peace and quiet. He said that he expects the neighbors to be respectful of each other.
Mr. Reiffarth recommended that the proposed tree planting and landscaping mitigation be included in the Decision.
Mr. Blaisdell made a motion to grant a Variance of 15 feet from the rear setback requirements on the northeast and southeast sides of the parcel to allow for the proposal. Findings: significantly sloping topography; oddly-shaped parcel; Petitioner has diligently attempted to mitigate noise. Conditions: Petitioner guarantees that noise from use of the pool and pool house will not become a noise issue for his neighbors. Petitioner plans to mitigate with extensive landscaping for noise reduction along the northeast and southeast sides of the property - planting of arborvitae, and shrubs, as well as trees that will be at least 7 to 8 feet tall. Construction of the planting will commence in September. Board of Health restrictions: no heating or plumbing shall be permitted to service the pool house.
Mr. Reiffarth seconded the motion. Votes: Ms. Horton; yes. Mr. Reiffarth; yes. Mr. Blaisdell; yes. Mr. Furbush; yes. Vote was unanimous.
OTHER BUSINESS
Accept May 9, 2012 Minutes
Ms. Horton made a motion to accept the Minutes. Mr. Reiffarth seconded the motion. Votes: Mr. Reiffarth; yes. Mr. Blaisdell; yes. Mr. Furbush; yes. Ms. Horton; yes. Vote was unanimous.
Mr. Blaisdell made a motion to adjourn the meeting. Mr. Furbush seconded the motion. Votes: Mr. Reiffarth; yes. Mr. Blaisdell; yes. Mr. Furbush; yes. Ms. Horton; yes. Vote was unanimous.
Meeting was adjourned at 7:22 p.m.
Respectfully submitted,
Cynthia Bartos
Administrative Secretary
Zoning Board of Appeals
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