06/26/2013 ZONING BOARD OF APPEALS Minutes

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I MASHPEE ZONING BOARD OF APPEALS JUNE 26, 2013, MINUTES • Mr. Bonvie asked Tim Luff, of Archi-Tech Associates what the intension was for the impervious retaining wall and fence. Mr. Luff stated the fence belongs to the neighbor and will be removed during construction and then reconstructed. Mr. Bonvie stated he was concerned with the depth of the proposed impervious wall shown on the plan and the closeness to the abutting property. Mr. Luff said the fence will be built on top of this wall, and there are no issues with the frost line of the leach field because it .is only a foot below the ground. The abutter from 38 Kim Path asked how far back the house will be built. Mr. Kirrane said it will be 26 feet from the lot line. The abutter from 42 Kim Path is concerned about the footage from the street to the house. He stated the average measurements of the homes on the left side of the street are 38 feet from the street to the front of the house, and the proposed structure is being moved forward toward the street 21 feet. He did not have time to speak to the homeowners. Mr. Blaisdell read a memo from the Board of Health dated June 25, 2013 to the Board of Appeals. "Joseph P. and Jean E. Gennaco (46 Kim Path) — In Zone II. Plans have been submitted and approved for a two bedroom dwelling". Mr. Bonvie made a motion to approve Joseph P. and Jean E. Gennaco and issued 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. Also, 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 43Kim Pa i ap 117Parce 4). Also, referencing a plan by BSS Design Engineering & Surveying for Joseph and Jean Gennaco with a heading 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. The Board also finds the proposal is not substantially more detrimental than the existing non- conforming structure. The new dwelling will be an improvement and will conform to current building code requirements, is compatible in size and character to other structures in the neighborhood and has sufficient parking and setbacks as may be required. Bill Blaisdell seconded the motion, yes. Votes: Mr. Furbush, yes, Mr. Bonvie, yes, Mr. Dorsey, yes, and Mr. Jodka, yes. All were in favor. Michael W. Reardon and Claire M. Reardon: 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 allow for construction of a new -addition on property located in an R-3 Zoning District at 36 Nick Trail (Map 117 Parcel 299), is Mashpee, MA. 2