12/12/2012 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS Nicholas S. and Ann K. Mabardy 2 Rock Island Road Mashpee,MA 02649 SP-2012-66 length of the building has been reduced by an additional foot. The existing dwelling is 1,263 square feet; the proposal calls for a 1,210-square foot dwelling. Existing lot coverage is 31.6%; proposed lot coverage is 30.2M The Board discussed the engineer's notation on the site plan referring to a two- bedroom deed restriction. Attorney Kirrane said that the Board of Health has the ultimate authority to detennine the number of bedrooms. After seeing the compromises made by the Mabardy family and speaking to Town Counsel, Mr. Furbush said that he cannot oppose the proposal. By relocating the proposed dwelling and reducing its size, the Petitioner has worked diligently to mitigate abutters' concerns. Mr. Bonvie said that the Board is not setting precedent with this determination and reminded everyone that each Petition stands on its own merit. Mr. James Collins, abutter at 4 and 6 Rock Island Road, said that, at the previous Public Hearing, he objected to the proposed location of the house being closer to Rock Island Road than the abutting homes. At this Public Hearing, he is criticizing the proposal because the dwelling will not line up with the other homes on the street. Attorney Kirrane said that Mr. Mabardy moved the house in response to Mr. Collins' complaints about it being too close to Rock Island Road. No other comments were received from abutters. General Findings: The subject property is located at 2 Rock Island Road and consists of 4,000 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 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. 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, 3