09/12/2012 ZONING BOARD OF APPEALS Minutes

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01VV down cif`Mashpee -� 16 GrccatA\cck P\oad J\oath Mashpee,-Wassachuseits 02649 MASHPEE ZONING BOARD OF APPEALS DECISION FOR VARIANCE: DENIED V-2012-43 Janet E. and Barry Krock, Trustees Doc. No. 913,587 Ctf, No. 168684 4 Cross Street Lot 1 (Block D) Map 128 Parcel 15 Plan 6811-E Mashpee, MA 02649 In accordance with the July 16, 2012 Remand Order issued by Land Court Judge Long concerning Land Court No. 09-MISC-395229 KCL, the ZBA office filed the following Petition for a Variance with the Mashpee Town Clerk on August 7, 2012: Janet E. and Barry Krock, Trustees, Request a Variance from Sections 174-28 and 174-31 of the Zoning By-laws concerning land space requirements to vary the front setback requirements and the lot coverage requirements to allow for construction of a single- family dwelling on property located in an R-3 zoning district at 4 Cross Street (Map 128 Parcel 15) Mashpee, MA. Notice was duly given to abutters in accordance with Massachusetts General Laws Chapter 40A. Notice was given by publication in The Mashpee Enterprise, a newspaper of general circulation in the Town of Mashpee, on August 24, and August 31, 2012, a copy of which is attached hereto and made a part hereof. Public Hearings were held on the Petition at the Mashpee Town Hall on September 12, 2012. The following members of the Board were present and acting throughout: Board Members Jonathan D. Furbush, William A. Blaisdell, Ronald S. Bonvie, Judith M. Horton, and Associate Member John M. Dorsey. The Mashpee Zoning Board of Appeals issues this Decision pursuant to the provisions of Massachusetts General Laws Chapter 40A §10 and the Town of Mashpee Zoning By-laws (the`By-laws"). Attorney Gary S. Brackett and Mr. John Slavinsky of Cape & Islands Engineering represented the Petition. Attorney Brackett stated that the unique conditions of the subject property create a hardship for the Petitioners which precludes them from meeting the requirements of the By-laws. The subject 5,000 square-foot parcel is bordered on two sides by roads and on a third side by an unbuildable coastal parcel. The existing dwelling is less than 22 feet from Cross Street, less than 10 feet from Pine Avenue and 9.5 feet from the side setback. The proposal calls for demolition of the existing 975 square-foot dwelling, which will be replaced with a 3,000 square-foot, 2 %2 story, 2-bedroom dwelling. The non-conformity from the front setback to Cross Street will be reduced. Lot coverage will increase from 19.5% to 30%. Attorney Brackett pointed out that the new structure will comply with current building code requirements, thereby, reducing the risk of fire hazard. The Petitioners assert, as the basis for their "hardship", that because the subject property is assessed for taxation purposes at $2.7 million, they should be entitled to enlarge the dwelling structure on the lot to standards comparable to other homes in the neighborhood. No other compelling evidence of"hardship" with respect to