HomeMy WebLinkAbout5113 48 Hatch Rd Withdrawn Memo to File 07.15.24`ARMOUTH TOWN! CLERK RE
JUL 15'24 ass11:30
TOWN OF YARMOUTH
BOARD OF APPEALS
MEMORANDUM TO FILE
PETITION 5113
July 15, 2024
MEMBERS SITTING (June 13, 2024 hearing): Vice Chair Sean Igoe, Jay Fraprie, John
Mantoni, and Barbara Murphy
PETITION 5113: Gibraltar Pools Corporation. Property Location: 48 Hatch Road, South
Yarmouth, MA. Map & Lot #: 89.79 Zoning District: R-40 & APD. The Applicant seeks a
Variance from §203.5 for side setback relief to build a 12' x 24' above ground pool.
As a direct abutter, Board Member Dick Martin recused himselffrom hearing this petition.
The property owner (who was not present at the hearing) was represented by Jay Henshali,
General Manager, Gibraltar Pools Corporation. Mr. Henshall testified that the proposed 12' x 24'
above ground pool has a cantilevered surround safety ledge and railing. The overall dimensions
of the pool (16' x 32') include the airspace beneath the cantilever. The petitioner requested side
setback relief which would locate the pool 6.2' from the property line.
The Board was concerned about the proximity of the pool to the abutting lots. The elevation of
the above ground pool would look into the neighboring properties and disrupt their privacy. In
addition, unlike a shed, activities at the pool would generate noise, representing a nuisance to
neighbors. At the hearing, six abutters spoke in opposition to the petition.
One Board Member noted that the property was purchased in August 2023. If a pool had been a
priority, the homeowner should have investigated whether the property could accommodate a
pool prior to purchase. Ultimately, the Board did not think the petitioner met the Variance
criteria as there was no hardship relating to the soil conditions, shape or topography of the land.
Per the petitioner's request, a motion was made by Mr. Fraprie and seconded by Mr. Mantoni to
approve the request to withdraw the petition without prejudice. On a voice vote (4-0), the motion
was approved.
Sean Igoe, Vice Chair