02/11/2009 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning • Board of Appeals Minutes 5 February 11, 2009 Paul Dardano and Walter Dardano are present and reiterate their written concerns verbally to the Board. Also present is Frances Parsons who reiterates her concerns. 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. They have suggested a compromise of 22-23% lot coverage due to the small lot size and the fact that many of their own dwellings are in the vicinity of 23% lot coverage. They also express concerns for environmental impacts with improper drainage being a problem now with the flooding they experience and they feel the size of this dwelling would be very detrimental to the neighborhood as proposed. They are all opposed to the 30% lot coverage and feel this completely unacceptable. The house has been empty for 25 years. They also feel the new roof line will negatively impact the drainage situation there. They feel they are trying to be reasonable with the Krocks but there seems to be no compromise from them on this matter. 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. 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 The applicant also proposes to upgrade the existing outdated cesspool with a new Title V Sewage Disposal System.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 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