HomeMy WebLinkAbout5113 48 Hatch Rd NarrativeZBA VARIANCE REQUEST NARRATIVE:
48 HATCH ROAD, SOUTH YARMOUTH, MASSAC1 USETTS
ABOVE GROUND POOL
On behalf of homeowner Bonita Botelho, we are requesting a rear setback variance, and
one side setback variance, to accommodate the assembly of a 12x24 edge of water above
ground pool with cantilevered surround safety ledge & rail (overall dimensions 1602 incl.
airspace beneath cantilever). We will need an 13.8' rear variance (allowing the pool's
cantilevered safety ledge to be placed 6.2' from the rear) and one 13.8' side variance
(allowing the pool's cantilevered safety ledge to be placed 6.2' from one side). All other
setbacks are easily surpassed.
This is an attractive and well maintained dwelling with a limited backyard consisting of
established lawn and mature plantings. This area is the center of the homeowner's outdoor
life at home, and it is her long time desire, even before moving to Hatch Road, to have a
small backyard pool. There is also a therapeutic need for the pool, as Bonita has a job that
requires her to do a considerable amount of driving, and she shoulders the expected aches
and pains associated with the physical demands of her profession. It is with this request
that we come before the Board.
There is really only one reasonable and available spot for the pool, and that is the location
shown on the accompanying plan. Other locations were exhaustively considered and ruled
out. Any other spot, even if there were one, would likewise require variances on both the
side and rear lot lines, as the 20-foot setback is somewhat burdensome and the lay of the
dwelling is set back off the street, with an irregularly angled configuration. The yard is
fenced in by perimeter fencing which will essentially shield the pool from view.
These unique characteristics of the property inhibit Bonita's reasonable enjoyment of her
yard and present a hardship as to the use of the space. Many yards in this immediate
neighborhood have pools. The variance, if granted, will not alter the character of the
neighborhood nor inhibit an adequate supply of light and oxygen from reaching adjacent
properties. It will not otherwise impair the public health, safety, comfort, morals or
general welfare of the community. It will not create a nuisance, nor result in an increase in
public expenditures, and will not unduly increase traffic in the public ways and
thoroughfares. No fair and substantial relationship exists between the general purposes of
the zoning ordinance and the specific restriction on the property, and the variance, if
granted, would not injure the public or private rights of others. We respectfully ask for the
lenity of the Board in considering Bonita Botelho's request. Many thanks.
P.J. de Bernardo
Gibraltar Pools
5-20-2024