04/22/2015 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-2015-12 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." The Board continued the hearing until Wednesday, June 10, 2015. 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 will be placed closer to the house and away from the is property line at the 5 ft. requirement. It might be possible to move it closer to the home however that would require another filing for relief request of the back lot line. Where there's only 3 ft. between the house and the placement, it would be too close to the house. 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 for lot coverage relief of 2.9%. For the record, the lot coverage prior to this filing, and at the time of the raze and replace of the home was 24.1% and is now 22.9%. Also referencing the department and abutter letters. This motion is based on 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. 2