12/14/2011 ZONING BOARD OF APPEALS Minutes

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�i 7lrity�; , {iry 41own o f Mashpee y. 1�GF'8al,)Ve � ',o NOF't l Mashp(v,Massae]iusols 02649 MASHPEE ZONING BOARD OF APPEALS DECISION FOR A WRITTEN FINDING Finding-2011-44 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 Written Finding under Section 174-17 and a Special Permit under Section 174-20 of the Zoning By-laws concerning continuance, extensions and alterations of pre-existing, non-conforming structures and rebuilding of destroyed or damaged non-conforming structures, and M.G.L. Chapter 40A Section 6 concerning existing structures, uses, or permits for permission to demolish a pre-existing, non- conforming structure and replace it with 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: 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 §9 and the Town of Mashpee Zoning By-laws. At the Public Hearings on December 14, 2011, 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. The dwelling does not meet the setback requirements to water and wetlands. At 24.1% lot coverage, the dwelling exceeds the lot coverage maximum of 20%. 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. Lot coverage will be reduced from 24.1%to 21.7%.