01/28/2009 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Hubert Krock 2 • Board of Appeals Barry and Janet Krock 2 SP -09-01 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 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 % 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 The applicant also proposes to upgrade the existing outdated cesspool with a new Title V Sewage Disposal System.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 reminds the Board 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 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. 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 conditioned on the full approval from the Zoning Board of Appeals. There is also adequate parking area for vehicles and the setbacks are not greater than what currently exists now which is part of the criteria necessary for the granting of a Special Permit. All the abutters are in opposition to this house being built for lot coverage reasons and for drainage reasons. The Rock Landing Park Association is a neighborhood • Association where all lot owners own common area in and around the beach area. They generally are against the proposed lot coverage of 30% that the application has proposed.