Darren and Cathy Doane were seeking setback relief from the Mattapoisett Zoning Board of Appeals to build an in-ground pool at their 28 Pine Island Road, but only had with them a preliminary design for a pool they weren’t certain would be built to spec. On July 18, their public hearing for the Special Permit was almost continued in order for the couple to refine their plan and provide the ZBA with specific information about the size and location of the pool and the “tanning ledge” on the non-conforming lot, but the board decided to place a maximum on the pool size and tanning ledge size instead.
“We need to be able to get a special permit that allows us to encroach on the property line … at a minimum six feet,” said Mrs. Doane, adding that she had spoken with the abutters whose property nearest to the lot line only contained a vacant “meadow” near where the pool would be situated. That neighbor submitted an email in support of the Doanes’ application and voiced no objections.
Building Commissioner Andy Bobola asked Doane to make a few needed changes to the application which had an incorrect box checked, and then hashed out the fuzzy details of the proposed pool.
Doane said the pool design submitted to the board that day wasn’t the final design, and the application only requested a 12-by-20-foot pool with a 10-by-10-foot tanning ledge. She was unsure, though, whether the shape of the pool would change, and whether the tanning ledge might be relocated to allow for a larger pool. As a result, she asked the board to approve a special permit for a 12-by-40-foot pool “to give us some flexibility.”
“This is totally not what the board generally does,” said Bobola. “They want from you locked-in size, dimensions, and setback.”
Doane then asked if the board would grant the special permit and allow for a 12-by-30-foot pool, and the ledge would be fit in within the final design.
The board debated whether to continue the hearing or to place restrictions on the special permit, while Doane stated that she was not sure exactly where the pool would ultimately be placed within the proposed area.
The board granted the special permit allowing for a 12-by-20-foot pool and a 10-by-10-foot tanning ledge that wouldn’t exceed the requested setback relief.
“Then you could just put it wherever it goes,” said ZBA Chairman Susan Akin.
“That’ll work,” Bobola said.
Also during the meeting, Lisa Segalas, 11 Bay Road, was granted a Special Permit to demolish an existing house and rebuild a single-family house according to FEMA specifications on an 11-foot high column foundation. The house was shifted slightly away from two property lines, lessening the existing setback non-conformance by doubling the setback to 10.5 feet.
The board granted a Special Permit to 20 Ned’s Point, LLC to renovate an existing home by adding two new porches and a small addition. With no change in the setback, Bobola recommended approval, saying, “This is very, very straightforward – minor in nature.”
The next meeting of the Mattapoisett Zoning Board of Appeals is scheduled for August 15 at 6:00 pm at the Mattapoisett Town Hall.
Mattapoisett Zoning Board of Appeals
By Jean Perry