01/28/2009 ZONING BOARD OF APPEALS Minutes

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• The dwelling has 16. current a cesspool. 17. The proposed dwelling shall be serviced by a new Title V Sewage Disposal System to be constructed by the applicant at the applicant's expense. 18. The applicants own the lot which abuts the locus. 19. The proposed dwelling will encroach on the coastal bank and existing pedestrian pathways in violation of the Mashpee Bylaws § 174-33 which requires all structures to be set back at lease 50 feet from any water or wetland. 20. The Mashpee Conservation Commission has issued an Order of Conditions with regard to this property conditioned on full approval of all necessary Special Permits and Variances by the Mashpee Zoning Board of Appeals. 21. All abutters to the locus have voiced opposition to this project. 22. The Rock landing Park Association, a neighborhood association comprised of lot owners in the general area of the locus, has stated its opposition to the proposed dwelling due to lot coverage concerns and drainage issues. 23. The increased size of the proposed dwelling and impermeable area on the lot will negatively impact the drainage problems already experienced on the locus and at neighboring properties. 24. The increased size and coverage of the proposed dwelling will cause increased runoff onto neighboring properties and into the neighboring waterways. 25. The mitigation proposed by the applicant's representatives regarding remediation of drainage issues are not sufficient to fully reduce the additional drainage problems created by the size of the proposed dwelling. 26. There is nothing unique about the soil conditions, shape or topography of the locus which is different from that of the other property in this zoning district which would require a variance from the required lot size. 27. The applicants applied for a variance on the same property in 2007 with afoot print of 24% lot coverage; however, the application was voluntarily withdrawn after the same abutters stated the same complaints. There have been no material changes in conditions at the locus since that time. 28. The Zoning Board of Appeals has suggested that the applicant cantilever sonic of • the dwelling; the applicant refused.