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 12. The proposed dwelling would be 3,000 square feet and would cover 30% of the lot. 13. The proposed dwelling is shown on plans submitted by Cape & Islands Engineering dated: September 5, 2012. Plan No. 090512, File No. 125MA. 14. The proposed dwelling will maintain the same side yard setbacks as the current dwelling. 15. The proposed dwelling will reduce the non-conformity of the front yard setback by 7 feet. 16. The current dwelling has a cesspool. 17. The proposed dwelling would be serviced by a new Title V Sewage Disposal System. 18. The Petitioners currently own the lot which abuts the locus. 19. The proposed dwelling will encroach on the coastal bank and existing pedestrian pathways in violation of the Mashpee Bylaws §174-33 which requires all structures to be set back at least 50 feet from any water or wetland. 20. The Mashpee Conservation Commission has issued an Order of Conditions with regard to this property conditioned on full approval of all necessary Written Findings, Special Permits, and Variances by the Mashpee Zoning Board of Appeals. 21. All abutters to the locus have voiced opposition to this project. 22. The Rock landing Park Association, a neighborhood association comprised of lot owners in the general area of the locus who have legal rights to access the coastal area to the rear of the subject property, has stated its opposition to the proposed dwelling due to lot coverage concerns, view impacts and coastal bank stability issues. 23. The increased size and coverage of the proposed dwelling will cause increased stormwater runoff onto neighboring properties and into the neighboring waterways. 24. The proposed construction and relocation of the new residence further to the rear of the parcel would impact the stability and maintenance of the coastal bank to the rear of the locus. 25. The relocation of the structure further to the rear of the lot, as proposed, would adversely impact vistas from the beach area and abutting parcels of land. 26. Due to excessive density concerns, the Zoning Board of Appeals had suggested that the Petitioners consider reducing the size of the proposal; the Petitioners have, to the contrary, submitted a proposal for a structure creating a substantially greater lot density. DECISION §174-17 of the Mashpee Zoning By-laws requires approval from the Zoning Board of Appeals concerning rebuilding any non-conforming building or structure destroyed or damaged by fire, flood lightning, wind or otherwise and is subject to the same conditions as set forth in §174-24. 4