12/09/2009 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Minutes Board of Appeals December 9, 2009 will be an improvement to the property. The applicant proposes to raze the existing dwelling and replace it with a two-story, five -bedroom dwelling. This will eliminate the current non-conformance to the wetlands setback requirements. The existing cesspool will be removed, relocated and replaced with a new Title V Septic System, a substantial improvement to the property and surrounding neighborhood. Proposed installation of a series of drywells will direct run-off from the new dwelling away from the abutting wetlands. The new dwelling will be built in compliance with flood zone regulations. This will also be an improvement of the existing situation, while addressing health and safety concerns in the event of a significant storm event. It will also conform to all applicable setback and lot coverage requirements. Attorney Kirrane also mentioned the current dwelling's assessed value in comparison to the land assessment. The building is assessed at what amounts to little more than 6% of the land assessment. Attorney Kirrane said that: "Given the land's valuation in a waterfront neighborhood, it is consistent that a property owner would want to construct a dwelling having greater value to justify the cost of said land and the taxes levied by the Town". Mr. Nelson questioned the first floor elevation and height of the proposed dwelling. Mr. Slavinsky said that it will be in compliance with flood zone regulations. Mr. O'Neill clarified the proposed height of the building and the fill and grading of the lot. Next door abutters Richard and Mercedes Kearney residing at 429 Monomoscoy Road submitted a letter to the Board, which in part stated: "We have seen the preliminary plans for the new house and fully support the development. We consider it an improvement to the neighborhood as well as the environment". Mr. Blaisdell made a motion in compliance with 174-17 of the Zoning By-laws for a Finding of Fact that the request for a Special Permit "shall not be substantially more detrimental than the existing nonconforming structure or use to the neighborhood and that there is adequate land area to provide sufficient parking and setbacks as may be required". Mr. Blaisdell then made a motion to grant the Special Permit under Sections 174-20, 174-24C, 174-58 and 174-59 of the Zoning By-laws. Mr. Nelson seconded. All were in favor. This is conditioned upon compliance with Cape & Islands Engineering Plan entitled: Proposed Site Plan Located in Mashpee, Mass., Prepared for Jeremy Stevenson, Date: Oct.27, 2009, Scale 1" = 20', File: I I IMA, PCS File". el