01/23/2013 ZONING BOARD OF APPEALS Minutes

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v MASHPEE ZONING BOARD OF APPEALS JANUARY 9, 2013 MINUTES isSitting: Board Members Jonathan D. Furbush, Ronald S. Bonvie, James Reiffarth and Judith M. Horton, and Associate Member Domingo K. DeBarros The proposal is not within Conservation Commission jurisdiction. Board of Health sent the following memo dated January 3, 2013: `In Zone II. The Board of Health has no information on file regarding this lot. A housing inspection is required, by an agent of the Board of Health, prior to demolition of the existing dwelling as the number of existing bedrooms must be verified. The new proposed dwelling will be restricted to the number of bedrooms documented during the housing inspection'. Attorney Kevin M. Kirrane represented the Petitions and referred to the revised plans. He stated that the Petitioner has attempted to address some of the abutters' concerns raised at the last ZBA Public Hearings. Plans call for the septic system to be installed in front of the dwelling which will allow the dwelling to be located further away from Rock Island Road. The overall length of the building has been reduced by an additional foot. The existing dwelling is 1,263 square feet; the proposed dwelling will be 1,210 square feet. Existing lot coverage is 31.6%; proposed lot coverage is 30.25%. Attorney Kirrane said that the proposed new septic system and dwelling will be an improvement to the property . and to the neighborhood. • Out of curiosity, Attorney Kirrane said that he conducted research on the abutting home at 6 Rock Island Road. He stated that the Variance relief granted by the ZBA in 1999 was erroneously based on lot coverage calculation of 7,000 square feet instead of 4,000 square feet. He said that the lot coverage is actually more than 25%. The Board -discussed the engineer's notation on the site plan referring to a two- bedroom deed restriction. Attorney Kirrane said that the Board of Health has the ultimate authority to determine the number of bedrooms allowed. After seeing the compromises made by the Mabardy family and speaking to Town Counsel, Mr. Furbush said that he cannot oppose the proposal. By relocating the proposed dwelling and reducing its size, the Petitioner has worked diligently to address abutter concerns. Mr. Furbush said that given the tiny size of the lot, it is difficult for the Board to accommodate the Petitioner, while appeasing abutter concerns. The rest of the Board concurred. Mr. Bonvie said that the Board is not setting precedent with this determination and reminded everyone that each Petition stands on its own merit. Mr. James Collins, abutter at 4 and 6 Rock Island Road, said that, at the previous public hearing, he objected to the proposed location of the house being closer to Rock Island Road than the abutting homes. Now he is appearing to criticize the proposed relocation because the dwelling will not line up with the other homes on • the street. Mr. Collins said that locating the house at the rear of the parcel does not make sense. Attorney Kirrane said that Mr. Mabardy moved the house in response to Mr. Collins' complaints that it was located too close to Rock Island Road. Mr. 2