09/12/2012 ZONING BOARD OF APPEALS Minutes

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ZONING BOARD OF APPEALS MINUTES SEPTEMBER 12, 2012 • single-family dwelling on property located in an R-3 zoning district at 4 Cross Street (Map 128 Parcel 15) Mashpee, MA. Sitting: Board Members Jonathan D. Furbush, William A. Blaisdell, Ronald S. Bonvie, Judith M. Horton, and Associate Member John M. Dorsey. Attorney Gary S. Brackett represented the Petitioner who has resided at the subject property for over 40 years. Attorney Brackett said that the 5,000 square -foot parcel is unique, being bordered on two sides by roads and on a third side by an unbuildable coastal parcel. The Petitioner also owns the directly abutting house to the subject property. The existing dwelling is less than 22 feet from Cross Street, less than 10 feet from Pine Avenue and less than 10 feet from the side setback. The proposal calls for demolition of the existing 975 square -foot dwelling to 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%. The new structure will comply with current building code requirements, reducing the risk of fire hazard. Because the property is assessed at 2.7 million dollars, the Petitioner feels that the proposal is in keeping with other homes in the neighborhood. Attorney Brackett said that the unique conditions of the subject property create hardship for the Petitioner to meet the requirements of the By-laws. Mr. Furbush commented that previously, the Board asked the Petitioner to consider is reducing the proposed 24.5% lot coverage; now the Petitioner is requesting 30% lot coverage. All of the Board members said that they consider 30% lot coverage to be excessive. Mr. John Slavinsky of Cape & Islands Engineering said that the Board granted a Variance of 29% lot coverage to a homeowner in the neighborhood. Mr. Slavinsky said that the proposal will be closer to the ocean side. He stated 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. :7 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. DPW Director Catherine Laurent required storm water drainage to be handled on the subject property. Revised plans include leaching basins which will contain all drainage on the subject property. Mr. Bonvie read letters (attached to these Minutes) in opposition to the proposed lot coverage of 30% from: 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. 01