09/12/2012 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A WRITTEN FINDING: DENIED Janet E. and Barry Krock, Trustees 4 Cross Street Mashpee, MA 02649 Finding-2012-42 Variance relief from §§174-28 and 174-31 to vary the front setback and lot coverage requirements and a Special Permit under §§174-20 and 174-24.0 of the By-laws to allow for the proposed reconstruction project. Mr. Furbush noted that previously, in 2007, the Board asked the Petitioners to consider reducing the then proposed 24.5% lot coverage to alleviate concerns relative to the density/ excessive lot coverage; now the Petitioners are requesting 30% lot coverage. All of the Board members noted that they regard 30% lot coverage to be excessive for the subject parcel. The Board of Health has approved installation of a new Title V Septic System. The Conservation Commission has approved the project, which will include installation of extensive plantings. In response to concerns raised by Department of Public Works Director Catherine Laurent, the Petitioners submitted revised plans incorporating leaching basins to contain the drainage on the subject property. The following abutters submitted letters in opposition to the petition due to the proposed 30% lot coverage and other potential impacts to the coastal bank at the rear of the property: • Peter and Sharon Readel, 22 Pine Avenue. • Dee and Henry Sockbeson, 294 Shore Drive. • Jon and Kim Jodka, 10 Cross Street. • Walter Dardano, 14 Rock Island Road. Comments received at the Public Hearing: • Mr. Jeremy Carter, 7 Pine Street, stated that neighbors are not opposed to construction of a new house. He expressed concern that the proposal would negatively impact views fiom the beach. Mr. Carter said that 30% lot coverage is unreasonable. • Mr. Paul Dardano, 23 Pine Avenue, stated his opposition to the approval of 30% lot coverage. • Mr. Jim Collins, 6 Rock Island Road, said that he does not object to construction of a new home; however, 30% lot coverage is "too intense for that small 5,000 square-foot lot." In response, Attorney Brackett reiterated that the Conservation Commission has approved the proposal. Mr. Slavinsky claimed that similar projects have been built with no adverse impact or erosion of the coastal bank. Town Counsel Costello recited the applicable By-law provisions and reminded the Board to focus on the specific criteria for grant of a Written Finding for purposes of 2