10/24/2012 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS William F. and Rebecca A. Power 6 Deans Hollow Road Mashpee, MA 02649 SP-2012-56 Mr. Harold Cloran, an abutter at 2 Beach Road, said that Deans Hollow Road consists of gravel with only one small storm drain in front of the subject property. He said that the road is known to have serious flooding problems and expressed concern that potential runoff from the proposal might worsen the flooding situation. Mr. Slavinsky said that the combination of the proposed four dry wells and the extensive landscaping will contain water runoff completely on the property. Mr. Slavinsky gave Mr. Cloran a copy of the landscaping plan. General Findings: The subject property is located at 6 Deans Hollow Road and consists of approximately 7,125 square feet of land. Special Permit Criteria: §174-20. Rebuilding of Destroyed or Damaged Nonconforming Structure. Any nonconforming building or structure destroyed or damaged by fire, flood lightning, wind or otherwise maybe rebuilt, subject to approval of the Board of Appeals subject to the same conditions as set forth in §174-24 of this chapter. Specific Findings: §174-24.C.2. Special Permit Use. The Board 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. In view of the foregoing, the Board determined that the Petitioner met the criteria for grant of a Special Permit. Upon motion duly made and seconded at the Public Hearings on October 24, 2012, the Zoning Board of Appeals voted unanimously to grant a Special Permit. The Board also voted unanimously to grant a Written Finding regarding continuance, extensions or alterations of non-conforming dwelling structures to allow for the proposal. This Decision is conditioned upon compliance with the following: • Cape & Islands Engineering plan entitled: Proposed Site Plan Prepared for William Power Hse. No. 6 Dean's Hollow Mashpee, Mass. Date: July 15, 2012. Revd. Oct. 11, 2012 Lot Coverage. 2