01/28/2009 ZONING BOARD OF APPEALS Minutes

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• 0 0, DECISION After a public hearing on this matter, the Board found that there was nothing unique about the soil conditions, shape or topography of the subject property which warrants the grant of a variance of the Town's lot coverage requirements. Although the Board acknowledges that a denial of the requested zoning relief will prevent the applicant from building the desired 3,000 square foot dwelling on the locus, the board does not consider this a hardship under G.L. c. 40A, §10 because the applicant could build a smaller dwelling using the footprint of the current, preexisting nonconforming structure on the locus. Accordingly, the parcel will not lose all beneficial value as a residential lot. Finally, it is clear from the testimony and evidence introduced at the public hearing that the increased size and lot coverage of the proposed dwelling will cause an increase in stormwater runoff onto neighboring properties and into adjacent waterways. In addition, the increased size and lot coverage of the proposed dwelling will negatively impact existing drainage issues on the property and at neighboring properties by significantly decreasing the permeable surface and largely increasing the water flow in and around the locus. The measures proposed by the applicant's representatives do not fully mitigate the effect of the additional runoff and drainage issues. Accordingly, the Board believes that a grant of the requested relief, would cause substantial detriment to the neighboring properties and, therefore, be detrimental to the public good. Finally, there is no zoning district in Town which allows 30% lot coverage. The most expansive lot coverage requirement set forth in the Bylaws is 25% lot coverage in an I-1, industrial district. The reason for the Town's lot coverage requirements is to prevent overcrowding and to