06/08/2011 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MINUTES JUNE 8, 2011 construction of a new dwelling on property located in an R-3 zoning district at 146 • Waterway (Map 105 Parcel 236) Mashpee, MA. Sitting: Board Members Robert G. Nelson, Jonathan D. Forbush, William A. Blaisdell and James Reiffarth, and Associate Member Judith M. Horton. Materials submitted: Photos, landscape plan and plantings report by Talbot" Attorney Kevin M. Kirrane and Mr. John Slavinsky from Cape & Islands Engineering represented the Petitioner. Plans call for demolition and replacement of the existing structure along with installation of a pool and screened porch on the subject property. Attorney Kirrane submitted photos of the existing dwelling along with a landscape plan and plantings report developed by Michael Talbot. Removal of a large portion of the lawn with more environmentally sensitive native vegetation will eliminate fertilization and chemical treatment discharge into the nearby creek and marsh. The lot is a pre-existing, non -conforming lot located in an R-3 zoning district. The lot does not meet the lot size requirement of 40,000 square feet nor the frontage requirement of 150 feet. The dwelling does not meet either the 40 -foot front setback requirement or the 50 -foot setback requirement from water and wetlands. Under Section 174-17, the Board must make specific findings in order to grant a Special Permit - that the proposal is not substantially more detrimental to the neighborhood than the current condition; that there is sufficient parking; that there is adequate land area to • provide setbacks as the Board may require. Parking is currently provided for in the right- of-way. The proposal is an improvement because it will provide parking on the property. Another improvement will be replacement of the existing cesspool with a new Title V septic system. The Board of Health has approved a septic system for a 4 -bedroom home on the subject property. The Petitioner is seeking Variance relief from the front setback and lot coverage requirements and the setback requirements from water and wetlands. The lot slopes severely from Waterway to Popponesset Creek. Presence of the Coastal Bank on most of the lot and actually running through the existing structure makes it impossible to develop the lot without Variance relief. The proposal meets the side and rear setback requirements. Attorney Kirrane said that the proposal will significantly enhance the value of neighboring homes and will most likely generate more tax revenue for the Town. He also stated that the proposal is consistent with other projects in the area. Mr. Furbush questioned if the backyard is ever flooded. Mr. Slavinsky said that there is no overflow on this property. He said that the elevation on this lot is higher than the elevation on other abutting lots that experience flooding. Mr. Nelson questioned if the Board of Health has approved the plans to locate the septic • system underneath part of the driveway. Mr. Slavinsky said that the proposed location of the septic system is to accommodate the parking areas. 3