06/08/2011 ZONING BOARD OF APPEALS Minutes

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&a€ t l 1_W� am ry t ( /6' v,ic flN< aUE{ �i(€fE art�k . MASHPEE ZONING BOARD OF APPEALS DECISION FOR A FINDING OF FACT FoF-2011-21 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 Finding of Fact under Section 174-17 and Rebuild of destroyed or damaged non-conforming structure under Section 174-20 of the Zoning By-laws and a Finding under M.G.L Chapter 40A Section 6 in order to raze and replace a pre-existing, non-conforming structure 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 §9 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, along with installation of a pool and screened porch on the pre-existing, non-conforming property. Replacement of a large portion of the lawn area with more environmentally sensitive native vegetation will eliminate fertilizer and chemical treatment discharge into the nearby creek and marsh. There is sufficient area to provide parking on the property rather than on the street. 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. Lot coverage will increase from 12%to 21.2%. The Petitioner is seeking Variance relief from the lot coverage and front setback requirements and the setback requirements from water and wetlands.