06/10/2015 ZONING BOARD OF APPEALS Decision

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Town o,f Nlaslzpee �h rS 16 Gr ectt��ecoczct for th is�aott 6�e jkfashpee,Massachusetts 02649 MASHPEE ZONING BOARD OF APPEALS DECISION FOR A VARIANCE V-2015-19 Richard R. Manganiello and Doc#: 1168985 Jennifer D. Manganiello Certificate#: 194649 56 Kim Path (Map 117 Parcel 97) Mashpee, MA 02649 A Petition was filed on May 15, 2015 by Richard R. and Jennifer D. Manganiello requesting a Variance under §174-31 for 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. Notice was duly given to abutters in accordance with Massachusetts General Laws Chapter 40A.Notice was given by publication in The Mashpee Enterprise, a newspaper of general circulation in the Town of Mashpee, on April 24, 2015 and May 1, 2015 a copy of which is attached hereto and made a part hereof. The Mashpee Zoning Board of Appeals issues this Decision pursuant to the provisions of Massachusetts General Laws Chapter 40A §10 and the Town of Mashpee Zoning By-laws. Public Hearings were held on the Petition at the Mashpee Town Hall on Wednesday, June 10, 2015 at which time the following members of the Board of Appeals were present; Chairman, Jonathan Furbush, Vice Chairman, William Blaisdell, Board Members, Ron Bonvie, and Dom DeBarros, and Associate Member, Scott Goldstein. 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. Mr.Furbush read a comment from the Inspections Department into the record;"The area is zoned R3 and the property is in the VE Flood zone. The property is also in the Pre- contact Archaeology Sensitivity area—listed as"Moderate Sensitivity". Because the shed will be placed within the VE Zone,it will need to be secured to site, secured to the site with sono-tubes or any other method approved by either FEMA and or the Massachusetts State Building Code for building in a VE Zone." 1