02/11/2009 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning • Board of Appeals Minutes 6 February 11, 2009 dwelling of this size and quality proposed would work a hardship on the applicants. 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. Michael Talbot, of Talbot Associates, landscape designer and horticulturist addresses the Board. He informs the Board that sandplane grass plant will be planted to help with the drainage situation as is depicted in his landscaping plan submitted to the board and conservation. John Slavinsky, Cape & Islands Engineering answers questions from the Board and addresses the abutters concerns. French drains will be installed which are trenches with stones and does not contain a pipe so that the water will be spread out and this will help with the run-off. The existing driveway is making the drainage worse and they are proposing to re -grade it. He also addresses the concerns of the neighbors regarding the removal of the stairs. The are on association property and were installed by Mr. Krock. The neighbors want them removed. Mr. Nelson informs the abutters that the stairs are not involved in the application at present and is not the concern of the ZBA tonight. The ZBA reviews all the testimony and plans. The Chairman mentions this matter was before the Board in 2007 with a foot print of 24% and was withdrawn by the applicant after the same abutters stated the same complaints. Now applicant is before the Board with an even larger home? Mr. Furbush as what the hardship is? Mr. Kirrane feels the assessed value of the lot constitutes a reason to build a home according to the value of the lot. Mr. Nelson informs the Board and Mr. Kirrane that the ZBA cannot look at financial issues as a hardship. Mr. Nelson informs the Board that he cannot be in favor of a dwelling that contains 30% lot coverage and the applicant has not met the criteria for the granting of a special permit or a variance and the other members agree. Mr. Nelson makes a motion to deny with prejudice the application for a Special Permit. Jonathan Furbush seconds the motion. All agree. So moved. The Special Permit is denied unanimously. Mr. Nelson makes a motion to deny the variance request with prejudice.