Falmouth ZBA To Hear And Likely Vote On Indoor Swimming Pool In April
Sandra Miranda, owner of Thumbtastic Pool, will appear before the Falmouth Zoning Board of Appeals again on April 21 after being granted a continuance by the board to continue preparing for the hearing.
Ms. Miranda first went before the board last month to request a special permit to allow her to resume teaching swimming and aquatic exercise classes in the indoor swimming pool at her home at 105 Redlands Road. Ms. Miranda’s enclosed pool was completed in May 2021, and classes ceased in December after she received a cease and desist from the Falmouth Board of Health for operating without the proper permitting for a semi-public pool.
Ms. Miranda’s attorney, Anthony T. Panebianco of DarrowEverett, addressed the board on Thursday last week, March 10, and asked for additional time to prepare a “supplemental narrative” regarding the project for the board’s benefit. Though the board granted a continuation, there was some reluctance because a continuation was already given following the first hearing in February due to Mr. Panebianco’s inability to attend that hearing.
Vice chairman Edwin P. (Scott) Zylinski II asked Mr. Panebianco if he understood the uphill battle with respect to the zoning issues of this project, as Falmouth’s zoning bylaws do not allow for a home business occupation that exceeds 30 percent of the living space and Ms. Miranda’s semi-public pool.
Mr. Panebianco responded by saying that the intention of preparing a supplemental narrative for the board is to provide answers to questions and concerns raised at the prior hearing.
“You’re asking for a variance, and that’s extraordinary relief,” board member James T. Morse said. “I have no problem giving a continuance, but I expect you to be fully prepared to address the standard for a variance because I will not be inclined to give a continuance beyond April. There are people who have been coming to these meetings now twice expecting a hearing.”
Board clerk Robert Dugan pointed out that unless the space for the home business is reduced to meet the 30 percent maximum, then the board members’ hands are mostly tied when it comes to granting the special permit. But when asked if it was a feasible expectation, Mr. Panebianco said it was, and their intention at the next hearing will be to demonstrate their analysis and understanding of the requirements.
“In all honesty, we thought that’s what you were coming before us tonight with,” Mr. Zylinski said. “We gave the applicant all the opportunity in the world to straighten out the zoning issues part of this. We heard all the rest of the testimony, which, you know, was heartfelt and legit, but one thing has nothing to do with the other and that’s why we thought you were coming tonight, and then to find out you’re looking for another continuance tonight was a little off-putting. We thought we were going to be able to resolve this one way or another tonight.”
Mr. Panebianco said he understood the expectations for the next hearing, and the board voted to continue the matter until April 21.