12/14/2011 ZONING BOARD OF APPEALS Minutes

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�f ris Town of-Mas i pee 16 Great Nl cl~ load Xorffi hlashpec,Massachusetts 02649 MASHPEE ZONING BOARD OF APPEALS DECISION FOR A VARIANCE V-2011-45 Richard R. and Jennifer D. Manganiello Certificate of Title#: 194649 56 Kim Path Land Court Lot#: 11 (Block E) Mashpee, MA 02649 Plan#: 11408-H (Sheet 1) Map 117 Parcel 97 A Petition was filed on November 3, 2011 by Richard R. Manganiello and Jennifer D. Manganiello for a Variance from Section 174-31 of the Zoning By-laws for permission to vary the front setback requirements to allow for construction of a new single-family home on property located in an R-3 zoning district at 56 Kim Path (Map 117 Parcel 97) 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 November 25, and December 2, 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 December 14, 2011, and January 25, 2012. The following members of the Board were present and acting throughout: Sitting: Board Members Robert G. Nelson, Jonathan D. Furbush, William A. Blaisdell, James Reiffarth, and Ronald S. Bonvie. 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, Engineer John Slavinsky, Architect Timothy Luff, and Landscape Architect Michael Talbot represented the Petition. The pre-existing non- conforming dwelling does not meet the front, side or rear setback requirements. It exceeds the lot coverage requirements. The lot does not conform to. current lot size and frontage requirements. The subject property lies within the Popponesset Overlay District and is impacted by a Coastal Dune. Plans call for the existing cottage-like structure to be demolished and replaced with a three-bedroom 2,700 square-foot home. The proposal will meet the side setback requirements. Encroachment into the rear setback will be reduced, going from less than one foot to over 12 feet. Lot coverage will be reduced from 24.1% to 21.7%. The proposal will not conform to the rear setback requirements or the front setback requirements. It will not conform to the setback to water and wetlands or the lot coverage requirements. Attorney Kirrane said that the narrowness of the lot and the location of the Coastal Dune through a portion of the lot create hardship for the Petitioner to re-develop the lot without Variance relief from the front setback requirements. Mr. Slavinsky agreed and said the small lot consists of 1,100 square feet of dune area.