06/10/2015 ZONING BOARD OF APPEALS Minutes

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a MASHPEE ZONING BOARD OF APPEALS JUNE 10, 2015 • MINUTES Mr. Bonvie read the Building Commissioner's comments into the record; "They are going with timbers now which is a change from cement. I would make a condition that this area cannot have a roof or ever be enclosed or used as a base for a foundation." Mr. Bonvie made a motion to approve the Written Finding. He made reference to the following conditions; the cupola as shown on the plan will never be used for habitable space. Also a letter submitted by the Building Commissioner stating the lower level access area will never be covered, altered, enclosed, or used as a base for a foundation without future action by the Zoning Board of Appeals. Also included in this motion are comments submitted by the Board of Health. He referenced a plot plan by BSS Design titled; "Proposed House", prepared for Kathleen Bragdon, 20 Elliot Road, Mashpee, MA. Scale 1" = 20', dated April 24, 2015, drawn by TJB, job number 14301, Site Plan: Page 1 of 1, Drawing Number: P23-03. Revisions: Moved house 1.5' west, added Note 6, dated 4/29/2015, Changed SAS, added drywells, 6/4/2015, Added Sunken Garden, dated 6/8/2015. Mr. Blaisdell, seconded, yes, Mr. Furbush, yes, Mr. Jodka, yes, Mr. DeBarros, yes, and Mr. Goldstein, yes. All were in favor. 56 Kim Path: Owners, Richard and Jennifer Manganiello request a Variance under §174- 31 for lot coverage relief to construct an 8' x 10' shed on property located in an R-3 Zoning • District, (Map 117 Parcel 97), Mashpee, MA. (Continued from May 13, 2015 at the request of the Attorney). 56 Kim Path: Owners, Richard and Jennifer Manganiello request a 3 foot Variance of the 5 foot requirement from the rear property line to allow for construction of an 8' x 10' shed on property located in an R-3 Zoning District. Assessor's Map 117 Parcel 97, Mashpee, MA. Mr. Kevin Kirrane represented the applicants on the continued hearing for relief to construct an 80 square foot shed. At the last hearing, he presented a plan that depicted the shed situated 5 ft. from the westerly property line, and 5 ft. from the northerly property line and complies with the current building codes. An issue was raised by an abutter that this would obstruct his view of the water and requested the shed be moved. Mr. Kirrane provided an updated plot plan that depicts the shed a half -foot closer to the building, which is 5 ft. 6 inches from the property line and moved it 2 ft. from the northerly property line and resulted in a request for the additional Variance. The shed cannot be moved any closer to the home without trespassing on the direct abutter when maintaining around it. Moving the shed 6 inches closer to the building is the closest for passage and safety. Mr. Jim Candito, 70 Nick Trail approached the Board and provided photos of the area explaining that the shed would block his scenic view. He would like the shed moved back 6 feet from the side. 2