06/12/2013 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS JUNE 12, 2013 • MINUTES Bill Blaisdell, seconded the motion, Jon Furbush, yes, James Reiffarth, yes, John Dorsey, yes, Dom DeBarros, yes, and Richard Jodka, yes. All were in favor. Joseph P. and Jean E. Gennaco: Request a Written Finding under §174-17 of the Zoning By-laws and M.G.L. Chapter 40A §6 concerning continuance, extension or alteration of a pre- existing, non -conforming structure to raze and replace a dwelling located on property in an R- 3 Zoning District at 46 Kim Path (Map 117 Parcel 94) Mashpee, MA. Joseph P. and Jean E. Gennaco: Request a Written Finding under §174-20 of the Zoning By-laws concerning rebuilding of destroyed or damaged non -conforming structures to allow for rebuilding of a single-family dwelling on property located in an R-3 Zoning District at 46 Kim Path (Map 117 Parcel 94). Sitting in on this hearing will be the regular Board members and Richard Jodka taking Dom DeBarros' place. Kevin Kirrane, Attorney announced he is representing the Gennaco's proposed raze and replace project situated at 46 Kim Path in the Popponesset section of Mashpee. He stated he has submitted both architectural and site plans to the Board and also has the existing building site plans and the proposed structure plans. • The structure is situated on 7,125 square foot lot and is located in the R-3 residential district, but also is in the Popponesset Overlay District. As a result, there is a minor adjustment in the setback requirements as established by the Overlay District as well as certain height requirements that would otherwise be applicable in the R-3 Zoning District. The lot also has 75 feet of frontage and has been developed with a single-family residential structure. The existing structure itself constitutes a non -conforming structure on the Northwesterly sideline; the distance from that structure is 8.5 feet. The structure also covers 20.49% of the lot therefore it is also non -conforming in respect to its overall lot coverage component. • The current structure is a two bedroom and the proposed structure is two bedrooms. The proposal calls for a slight reduction in non -conformity on the Northwesterly side and increasing from 8.5 feet to 9 feet on the Northwesterly side. The lot coverage is remaining the same as currently exists. The structure is being moved slightly forward compared to the existing structure. Moving it forward will still conform to the 25 foot setback that is required in the front yard in the Popponesset Overlay District. In all other respects, other than the proposed 9 feet instead of the current 8.5 feet, and the proposed 20.49% lot coverage, that it currently has, this structure will conform to the requirements of Zoning Bylaw in reference to applicable setback criteria. The coverage is 1,460 square feet; not increasing the foot print of the structure, or the number bedrooms. 3