12/14/2011 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS Richard R. Manganiello and Jennifer D. Manganiello 56 Kim Path Mashpee, MA 02649 V-2011-45 After reviewing the revised plans, Mr. Michael Kelley, an abutter at 49 Kim Path, raised no objections to the proposal. General Findings: The subject property is located at 56 Kim Path and consists of 6,552 square feet of land. Variance Criteria/Specific Findings: 1. The Board determined that a literal enforcement of the provisions of the By-law would involve substantial hardship, financial or otherwise, to the Petitioner due to the following shape and soil conditions: • the unique narrowness of the lot and circumstances relating to soil conditions, e.g. the coastal dune running through a large portion of the subject property, especially affect such land or structure, but do not affect generally the zoning district in which it is located; therefore, a literal enforcement of the provisions of the ordinance or By-law would involve substantial hardship, financial or otherwise, to the Petitioner. • the subject property is impacted by wetlands, thereby restricting location of the proposed dwelling. 2. The Board determined that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of such ordinance or By-law due to the following: • lot coverage will be reduced with this proposal. • plans to undertake dune nourishment with restoration of a large portion of the dune area to native habitat and removal of invasive plants with extensive mitigating native planting are a vast improvement to the parcel. • dry wells will be installed on the property to address drainage issues. 3. The Board determined that the Petitioner meets the criteria necessary for grant of Written Finding under Section 174-17 and a Special Permit under Section 174-20 of the Zoning By-laws, and as permitted under M.G.L. Chapter 40A Section 6. In view of the foregoing, the Board determined that the Petitioner met the criteria for grant of a Variance. Upon motion duly made and seconded at the Public Hearings on January 25, 2012, the Zoning Board of Appeals voted, with four members voting yes and one member abstaining, to grant a Variance of 5.7 feet from the front setback requirements to allow for the proposal. This Decision is conditioned upon the following: • Cape & Islands Engineering plan entitled: "Proposed Site Plan Located in Mashpee, Mass. Prepared for Richard Manganiello. Date: Sept.20.2011, Rev'd. Nov.8,2011. Rev'd.Jan.19,2012". • Sketch dated 1/25/2012 and signed by Architect Timothy Luff. 3