06/08/2011 ZONING BOARD OF APPEALS Minutes

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p � S y �� rco, i C( AC}F �$ C Sf4 f 7 , MASHPEE ZONING BOARD OF APPEALS DECISION FOR A VARIANCE V-2011-22 Joan M. Allegrini Certificate of Title: 165230 146 Waterway Land Court#: 80 Mashpee,MA 02649 Plan#: 11408-23 Sheet 1 Map 105 Parcel 236 A Petition was filed on May 17, 2011 by Joan M. Allegrini for a Variance from Sections 174-31 and 174-33 of the Zoning By-laws for permission to vary the front setback requirements, the lot coverage requirements and the setback requirements from water and wetlands to allow for construction of a new dwelling on property located in an R-3 zoning district at 146 Waterway(Map 105 Parcel 236)Mashpee,MA. Notice was duly given to abutters in accordance with Massachusetts General Laws Chapter 40A. Notice was given by publication in The Mashpee Enterprise, a newspaper of general circulation in the Town of Mashpee, on May 20, and May 27, 2011 a copy of which is attached hereto and made a part hereof. Public Hearings were held on the Petition at the Mashpee Town Hall on June 8, 2011. The following members of the Board were present and acting throughout: Board Members Robert G. Nelson, Jonathan D. Furbush, William A. Blaisdell and James Reiffarth, and Associate Member Judith M. Horton. The Mashpee Zoning Board of Appeals issues this Decision pursuant to the provisions of Massachusetts General Laws Chapter 40A §10 and the Town of Mashpee Zoning By-laws. Attorney Kevin M. Kirrane and Cape & Islands Engineer John Slavinsky represented the Petitioner. Attorney Kirrane submitted photos of the existing dwelling along with a landscape plan and plantings report developed by Michael Talbot. Plans call for demolition and replacement of the existing dwelling, as well as installation of a pool and screened porch on the subject property. The subject property slopes severely from Waterway to Popponesset Creek. Attorney Kirrane said that presence of the Coastal Bank on most of the lot and actually running through the existing structure makes it impossible to develop the lot without Variance relief from the front setback and lot coverage requirements and the setback requirements from water and wetlands. The proposal does meet the side and rear setback requirements. Lot coverage will increase from 12% to 21.2%. Mr. Slavinsky confirmed that the lot coverage calculation includes the screened porch, deck, pool and the two-foot wide trough. The stone patios were not included in the calculation. The Petitioner is also seeking a Finding of Fact and permission to rebuild to allow for the proposal on the pre- existing,non-conforming property.