02/11/2009 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning • Board of Appeals Minutes 4 February 11, 2009 Attorney Kirrane summarizes that the topography on the lot is very difficult to work with and that the taxes the applicant currently pays warrant the size and quality of a home to reflect such value. He further states that the ZBA only has to prove that the proposed dwelling is not more detrimental to the neighborhood than what currently exists now. James Reiffarth makes a motion to grant a Findings of Fact whereby the proposed dwelling is not more detrimental to the neighborhood. Robert Nelson seconds the motion. All agree. So moved. Special Permit/Findings of Fact has been granted conditioned on plans from Cape & Islands Engineering, dated October 28, 2008, revised January 15, 2009, revised February 5, 2009 and revised February 25, 2009, File No. 109MA. The Hubert Trust, Janet and Barry Krock: Request a Variance from Sections 174-28 and 174-31 of the Zoning By-laws in order to seek relief from lot coverage (30%) in order to build a new dwelling on property located in a R-3 zoning district at 4 Cross Street (Map 128 Parcel 15) • Mashpee, MA. The Hubert Trust, Janet and Barry Krock: Request a Special Permit fi•om Sections 174-17, 174-20 and 174-24c of the Zoning By-laws to raze and replace the existing dwelling on property located in a R-3 zoning district at 4 Cross Street (Map 128 Parcel 15) Mashpee, MA. Sitting: Robert Nelson, Jonathan furbush, James Reiffarth, William Blaisdell and Jack Dorsey. Chairman Robert Nelson informs the audience that he will hear testimony from the applicants attorney first, then hear comments from any abutters interested in the property after the letters against the matter have been read into the record. The ZBA reads the following letters 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 �i