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 Mr. Furbush commented that, previously in 2007, the Board asked the Petitioners to consider reducing the then proposed 24.5% 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 and unjustifiable for this locus. Mr. Slavinsky said that the proposal will be closer to the ocean side. His opinion is that the bottom of the coastal bank is not the edge of the BVW; and that the nearest coastal resource area is the Mean High Water Mark. 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 proposed 30% lot coverage and expressing concern about the stability of the coastal bank during construction of the proposed dwelling: • 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 from the beach and abutting properties. Mr. Carter said that 30% lot coverage is unreasonable. • Mr. Paul Dardano, 23 Pine Avenue, stated his opposition to allowance 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 criteria and reminded the Board to focus on the specific criteria for grant of a Special Permit that would apply to the Board's deliberation. The Board carefully and extensively reviewed all of the testimony and the plans. 2