09/12/2012 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR SPECIAL PERMIT: DENIED Janet E. and Barry Krock, Trustees 4 Cross Street Mashpee, MA 02649 SP-2012-41 Section 174-24.0 of the Bylaws states that in order for the Board of Appeals to issue such a Special Permit, the Board must first find, among other things, that the proposed construction, alternation, extension or change to the existing non-conforming dwelling ", ...will be consistent with applicable state and town regulations, statutes, bylaws and plans, ...will not have a significant adverse impact on the wildlife habitat, estuarine system, traffic flow, traffic safety, waterways, fisheries, public lands or neighboring properties..." and "will not cause excessive erosion or cause increased runoff onto neighboring properties or into any natural river, stream, pond or water body and will not otherwise be detrimental to the town or the area." Without such a finding, the Board cannot issue a Special Permit. After public hearing on this matter, the Board has determined that the substantially increased size and lot coverage of the proposed new dwelling is not consistent with the express terms of, or with the underlying purpose and intent of, the By-laws as they relate to lot density and coverage in residential districts. In addition, the substantially increased size of the proposed dwelling and the resultant substantially increased lot coverage will negatively impact stormwater drainage on the property and at neighboring properties by significantly decreasing the permeable surface and increasing surface water flow in and around the locus, and will have visual impacts for abutters and residents of the neighborhood using the beach area to the rear of the locus. Finally, the location of the proposed new structure encroaches on a sensitive coastal bank area and existing pedestrian pathways, in violation of the Mashpee By-laws §174-33, causing an adverse impact on nearby waterways and sensitive environmental interests. For the reasons set forth herein, the Board finds that this project is not consistent with the density and lot coverage requirements of the By-laws, will create an adverse impact on neighboring properties, will cause excessive erosion and/or increased runoff onto abutting properties or into a natural water body, and will otherwise be detrimental to the interests of the Town and/or the,neighborhood. Accordingly, the Board finds that the Petitioner does not meet the standards for issuance of a Special Permit set forth in the Mashpee By-laws §174-17 and §174-24.C; therefore, the Board votes unanimously to DENY the Petitioners' Special Permit Petition. 5