08/28/2013 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS AUGUST 28, 2013 MINUTES Bill Blaisdell made a motion to accept the request for continuance, yes, Jonathan Furbush, second, yes; Votes: Ron Bonvie, yes, Jim Reiffarth, yes, and Dom DeBarros, yes. 46 Kim Path: Request an informal discussion regarding revised plans. Kevin Kirrane, Attorney, representing the petitioners stated that on June 26, 2013, the Board granted a permit to his clients to raze and replace a structure at 46 Kim Path. During the appeal period, the Board was notified from an abutter in opposition requesting the structure be moved further back from Kim Path and shortly after received notification of a law suit. As a result, an agreement was made by both the abutter and petitioner's counselors for the structure to be moved an additional 3.5 feet back off Kim Path and 2 feet off the abutter's property line. Kevin concluded requesting this proposal be submitted as a minor modification. Jonathan Furbush received an email from Town Counsel stating that it is considered a minor modification and is not necessary to have another public hearing. Ron Bonvie made a motion that Board authorizes as advised by Town Counsel to execute and file an agreement on behalf of the Zoning Board of Appeals and agree to the minor • modifications as outlined in the plan of 46 Kim Path, Mashpee MA. Joseph P. and Jean E. Gennaco. Revised Plot Plan dated August 26, 2013, "Move house 3.5 feet toward rear (NE), and 2.0 feet right (SE), prepared by TJB. Bill Blaisdell, second, yes, Votes: Jonathan Furbush, yes, Jim Reiffarth, yes, and Dom DeBarros, yes. All in favor. Craig A. and Maureen A. Fitzgerald: 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 50 Spoondrift Way, (Map 112 Parcel 35) Mashpee, MA. Craig A. and Maureen A. Fitzgerald: Request a Written Finding under §174-20 of the Zoning By-laws and M.G.L. Chapter 40A §6 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 50 Spoondrift Way, (Map 112 Parcel 35) Mashpee, MA. Kevin Kirrane, Attorney, represented the petitioners stated Maureen Fitzgerald, homeowner and Bob May, Architect were also present. The Fitzgerald's are proposing to raze and replace the five (5) bedroom structure at 50 Spoondrift Way. Unfortunately, the existing structure was damaged by a pipe burst over the winter on the upper floor and caused substantial damage, including mold. 2