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 SPECIAL PERMIT CRITERIA §174-20 of the Zoning By-laws concerning "Rebuilding of Destroyed or Damaged Nonconforming Structure: Any non-conforming building or structure destroyed or damaged by fire, flood lightning, wind or otherwise may be rebuilt, subject to approval of the Board of Appeals subject to the same conditions as set forth in §174-24 of this chapter." §174-24.C. of the Zoning By-laws concerning Special Permit Use: "A special permit may be issued only following the procedures specified by the General Laws and may be approved only if it is determined that the proposed use or development is consistent with applicable state and town regulations, statutes,bylaws and plans, will not adversely affect public health or safety, will not cause excessive demand on community facilities, will not significantly decrease surface or groundwater quality or air quality, will not have a significant adverse impact on wildlife habitat, estuarine systems, traffic flow, traffic safety, waterways, fisheries, public lands or neighboring properties, will not cause excessive levels of noise, vibrations, electrical disturbance, radioactivity or glare, will not destroy or disrupt any species listed as rare, endangered or threatened by the Massachusetts Natural Heritage Program or any known historic or archaeologic site, will not produce amounts of trash, refuse or debris in excess of the town's landfill and waste disposal capacities, will properly dispose of stumps, construction debris, hazardous materials and other waste, will provide adequate off-street parking, 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." FINDINGS: 1. The property in question is located at 4 Cross Street, Mashpee, Massachusetts (Assessor's Map 128 Parcel 15). 2. The property contains a total of 5,000 square feet. 3. The property is located in an R-3 zoning district. 4. The minimum lot size in an R-3 zoning district is 40,000 square feet. 5. The minimum frontage in an R-3 zoning district is 150 feet. 6. The setback requirements in an R-3 zoning district are as follows: a. Front—40 feet b. Rear— 15 feet c. Side— 15 feet 7. The maximum lot coverage allowed in an R-3 zoning district is 20%. 8. The maximum lot coverage in gny zoning district in the Town of Mashpee is 25%, and that is for an I-1 (industrial) zoning district. 9. The vast majority of other lots in the vicinity of the locus have maximum lot coverages of 22-23%. 10. The dwelling located on the property is a pre-existing, non-conforming structure. 11. The current dwelling located on the property is 975 square feet and covers 19.5% of the lot. 3