06/12/2013 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS Joseph P. and Jean E. Gennaco 46 Kim Path(Map 117 Parcel 94) Mashpee, MA 02649 FINDING-2013-16 On June 14, 2013, the Board of Health approved the septic plan and issued a Disposal Works Construction Permit. The abutters that reside at 38 Kim Path and 42 Kim Path were present at both hearings and presented written concerns requesting the"streetscape" measurements remain consistent with the neighborhood. General Finding: The subject property located at 46 Kim Path consists of approximately 7,125 square feet. Written Finding Criteria: §174-20. Rebuilding of Destroyed or Damaged Nonconforming Structure Any non- conforming building or structure destroyed or damaged by fire, flood lightning, wind or otherwise may be rebuilt, subject to approval of the Board of Appeals subject to the saine conditions as set forth in §174-24 of this chapter. Specific Written Findings: The Board determined that the proposal shall not be substantially more detrimental than the existing non-conforming structure or use to the neighborhood, as defined under Section 174-20 of the Zoning By-laws, and contingent upon the following: • Is, compliant with the documented and proposed specific 20.49% lot coverage. • Has adequate parking. • Board of Health approval as noted by the Assistant Health Agent, stating the property is in a Zone 11 -Plans have been submitted and approved for a two (2)bedroom dwelling. In view of the foregoing, the Board determined the Petitioner met the criteria for a Written Finding. Upon motion duly made and seconded at the Public Hearing on June 26, 2013, the Zoning Board of Appeals voted unanimously to grant a Written Finding to allow for the proposal. This Decisions is contingent upon compliance with plot plans that refer to this project drafted by BSS Design Engineering & Surveying Plot Plan — Proposed House and Subsurface Sewage Disposal System Upgrade for 46 Kim Path, scale 1"=20', dated April 30, 2013, drawn EJP, TJB, job number 12258, title site plan 1 of 2 drawing number P20- 149 P, with a revision date of June 20, 2013. r 2