01/28/2009 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning • Board of Appeals Hubert Krock Trust 2 Barry and Janet Krock V-09-02 the abutters wish to input that have not already been addressed in their letters in opposition. The ZBA reads the following letters of opposition into the record: 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 Variance to seek relief from the maximum allowable lot coverage of 20% in order to raze and replace the dwelling. Attorney Kirrane explains the application to the Board. The dwelling is a I pre-existing non -conforming dwelling and applicant is seeking to tear it down and replace it with a new dwelling that will expand the current 975 square feet foot print to 3,000 square feet, 2 % stories high and increase the lot coverage from 19.5% to 30%. Applicant is proposing to reduce the non -conformity of the front -yard setback by 7 feet and • maintain the same setbacks on the other sides which still remain non -conforming. They are also burdened with two street frontages. The applicant also proposes to upgrade the existing outdated cesspool with a new Title V Sewage Disposal System. Attorney Kirrane reminds the Board that in many earlier decisions the ZBA allowed more than the I 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 as well. 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. Given this substantial tax burden placed on this lot by virtue of its location, the inability to develop a single family dwelling of this size and quality proposed would work a hardship on the applicants. 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 current by law to the coastal banks. The Conservation Commission has approved the • applicants request as submitted conditioned on the full approval from the Zoning Board of Appeals.