06/10/2015 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A VARIANCE Richard R. Manganiello and Jennifer D. Manganiello 56 Kim Path (Map 117 Parcel 97) Mashpee, MA 02649 V-2015-19 Mr. Furbush read a comment from the Conservation Agent into the record; "any excavation required to install proposed shed will require a permit application to the commission." GENERAL CRITERIA: The subject property located at 56 Kim Path is approximately 6,552 square feet. The Board received letters from the following abutters; Beth Prunier McGinnis, at 50 Kim Path and John & Christine Mizzi at 54 Kim Path who did not have any concerns for the proposed shed. Mr. Jim Candito, 70 Nick Trail spoke to the Board and provided photos of the area stating the shed would bock his scenic view and stated he would like the shed moved back 6 feet from the side. Mr. Kirrane stated 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. VARIANCE CRITERIA: Chapter 40A: Section 10.Variances: The authority specifically finds that owing to circumstances relating to the soil conditions, shape, or topography of such land or structures and especially affecting such land or structures but not affecting generally the zoning district in which it is located, 1) a literal enforcement of the provisions of the ordinance or by-law would involve substantial hardship, financial or otherwise, to the petitioner or appellant, and that 2) desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of such ordinance or by-law. In view of the foregoing, the Board determined the Petitioner met the criteria for a Variance. Upon motion duly made and seconded at the Public Hearings on Wednesday, June 10, 2015, the Zoning Board of Appeals voted unanimously to issue the applicants a Variance. Conditioned in this motion as follows; if the dwelling needs to be secured or requires ground excavation, it will need a permit from the Commission (Request for Detennination). If there is any amendment to the proposed plot plan, it will need another filing with the Zoning Board of Appeals. Referencing a plot plan issued by Cape&Islands Engineering, Stamped by Christopher Costa PLS, dated 5/29/15,proposed shed relocated, for Richard R. Manganiello, 56 Kim Path, Mashpee, MA. Also, stating for the record that this plot plan was revised as requested by the Board. 2