12/12/2012 ZONING BOARD OF APPEALS Minutes

Home Browse Search

MASHPEE ZONING BOARD OF APPEALS Nicholas S. and Ann K. Mabardy 2 Rock Island Road Mashpee, MA 02649 SP-2012-66 Mr. Mabardy said that he and his wife have opened the structure in the spring and, several times, found it infested with raccoons and squirrels. The floor is sagging and the roof is deteriorating. Rather than investing more time and money into major repairs every year, Mr. Mabardy said that he and his wife decided to raze and replace the old structure with a modest and tasteful new home that is comparable to other homes in the neighborhood. The new dwelling will be located further away from the northeasterly side setback. Another improvement includes replacement of the old cesspool with installation of a new Title V septic system. Lot coverage will decrease from 31.5% to 30.9%. Mr. Mabardy discussed the proposal with his neighbors prior to coming to the ZBA The Board of Health is requiring an inspection prior to demolition of the existing structure in order to verify the number of existing bedrooms. This project is not within Conservation Commission jurisdiction. Mr. Furbush said that he was concerned that the proposal would be very close to Rock Island Road. He said that it is not aesthetically pleasing because it would not line up or fall within the average setback of the other homes on the street. He said that he considers the proposal too large for the small lot. Mr. Blaisdell stated that the proposal will reduce the non-conformity in lot coverage and on one side setback. Letters from abutters Henry and Dee Sockbeson, 294 Shore Drive; Peter and Sharon Readel, 22 Pine Avenue; Walter Dardano, 14 Rock Island Road; Paul Dardano, 23 Pine Avenue; and Jeremy Carter, 7 Pine Avenue, were read into the record with objections to the following: • Inclusion of the buffer zone toward calculating total lot coverage. • Exceeding 20% lot coverage. • Exceeding the average setback of other homes on the street. Mr. James Collins, of 4 and 6 Rock Island Road, digressed into a discourse about abutting properties, previous ZBA Decisions, patios being counted as part of lot coverage, and location and types of septic systems. Mr. Henry Sockbeson, 294 Shore Drive, said that he was concerned about the proposed lot coverage and that the proposal would not maintain the 13- to 15-foot setback of the other homes on the street. After some discussion, the Board voted unanimously to continue the Petition until January 9, 2013 to allow time for Town Counsel opinion. At the continued hearings on January 9, 2013, Attorney Kevin M. Kirrane and Mr. Mabardy represented the Petitions and referred to the revised plans. He stated that Mr. Mabardy has attempted to address some of the abutters' concerns raised at the last ZBA Public Hearing. The proposed septic system will be installed in front of the dwelling. The dwelling will be located further away from Rock Island Road. The overall 2