01/28/2009 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Hubert Krock • Board of Appeals Barry and Janet Krock 2 SP -09-01 represented by Attorney Kevin Kirrane of Dunning and Kirrane along with John Slavinsky of Cape & Islands Engineering. The applicant is also seeking a Variance in order to vary the maximum allowable lot coverage of 20% to 30%. The Chairman informs the audience that the Board will first read the letters from the abutters into the record followed by Attorney Kirrane's presentation without interruption. They will follow up with any comments that the abutters wish to input that have not already been addressed in their letters in opposition. Bart Dutto — 16 Pine Avenue Peter Readel — 22 Pine Avenue (2 letters) Frances Parsons — 19 Pine Avenue Robert Gilmartin — 15 Cross Street Paul Dardano — 23 Pine Avenue Attorney Kevin Kirrane represents the applicant at this hearing for a Special I Permit to raze and replace the existing dwelling and for variance relief for lot coverage. Attorney Kirrane explains the application to the Board. The dwelling is a pre-existing non -conforming dwelling and applicant is seeking to tear it down and replace it with a new dwelling that will expand to 3,000 square feet, 2 '/l stories high and have 30% lot coverage. The current dwelling is 975 square feet which is 19.5% lot coverage. Applicant is proposing to reduce the non -conformity of the frontyard setback by 7 feet and maintain the same setbacks on the other sides. The applicant also proposes to upgrade the existing outdated cesspool with a new Title V Sewage Disposal System. Attorney Kirrane states to the Board that it is his belief that in many earlier decisions the ZBA allowed more than the 20% lot coverage and did not consider that a detriment to the neighborhood since all the lots are modest in size. The applicants also own the only abutting lot adjacent to the property. The lot of land is assessed at $2.7 million and they are proposing to build a dwelling which is of a style and size that is more in keeping with the values that have been put on the land and the tax dollars that are being paid to the 'Town. Additionally, there are many dwellings in this neighborhood consistent with the • size of the applicants request. The dwelling is beyond the 50 foot buffer required by the