James and Sharlene Craig of Florida and Aucoot Road, Mattapoisett, have been developing their property as a family compound. A new home is under construction, and a guest house they are currently residing in is complete. On July 20, their representative, David Davignon of Schneider, Davignon & Leone, Inc., presented their variance filing.
Davignon explained that a hardship was created for their plan to build an 18×36-foot, in-ground swimming pool due to flagged wetlands to the northeast and northwest. He said that setbacks could not be met but that encroachment at the property line created by the main house, now being built, meant they would be encroaching their own property. “There would be zero impact on neighbors,” he said.
ZBA Chairman Susan Akin asked if the Craigs couldn’t sell off the guest house in the future. Davignon responded that is a possibility but added that potential buyers would know the pool was there and encroaching beforehand. That Special Permit was granted.
Another proposed pool didn’t fair quite as well when Catherine Murphy, 7 Oakland Avenue, came forward to defend her request for a variance. Murphy explained that the location of her pool needed to be in the backyard but that she couldn’t meet setback of 30 feet, only being able to reach approximately 12 feet. She said that a barrier of ledge precluded putting the pool on either side yard, although setbacks there could be met.
ZBA members were hesitant to approve the self-imposed hardship, and two neighbors spoke against the pool in the backyard versus side yards.
Akin said, “I’m not keen on this.” ZBA member Tony Tranfaglia asked why the applicant hadn’t discussed her plans with neighbors beforehand, thus she would have been more fully aware of pushback on their part. Murphy said she wasn’t aware that was necessary.
Rather than rule on the filing, it was suggested Murphy request a continuance to give her time to review plans with the contractor and to establish dialog with her neighbors. The case was continued to August 17.
A third pool (16-foot round) hearing for a variance requested by Derek Asiaf, 5 Meadow Lane, was approved.
In other business, a Special Permit requested by Jordan Medeiros, 13 Park Place, for a family-related apartment over an existing garage was granted.
The Zoning Board of Appeals is scheduled to meet again on Thursday, August 17, at 6:00 pm.
Mattapoisett Zoning Board of Appeals
By Marilou Newell