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 Finding-2011-44 The Board of Health has approved the proposal for construction of a three- bedroom home. The Conservation Commission approved the proposal and issued an Order of Conditions on November 30, 2011. A lengthy conversation about the proposed widow's walk/cupola/skylight ensued. The Board expressed concern with objections from abutters about obstructed views. Environmental Landscape Consultant Michael Talbot addressed the Board with the landscaping details. The Popponesset Beach Association granted the Petitioner permission to restore a large portion of the dune area back to native habitat. Significant improvement to the lot calls for extensive landscaping that will replace invasive species with plants indigenous to the coastal area. A silt fence and hay bale line will be installed landward of the dune line. No building or landscaping activity will be allowed to encroach into the dune area. Opposition to the proposal came from several abutters. John and Carolynne Cronin, direct abutters at 54 Kim Path, sent an email in opposition to grant of any variance that would allow the proposal to be larger than the current footprint of the Petitioner's home. Mr. Michael Kelley at 49 Kim Path said that the request for the front setback Variance is "exorbitant" and "excessive". Mr. James Candito of 70 Nick Trail asked the Petitioner to relocate the enclosed porch so that he can continue to enjoy his views of the islands and lighthouses. Responding to abutters' objections, Attorney Kirrane said that the proposal is smaller than the existing footprint and will be further away from the abutter at 54 Kim Path than the existing dwelling. He stressed that obstructed views are not within the purview of the ZBA's authority. After some discussion, the Board voted to continue the Petition until January 25, 2012 to allow the Petitioner's engineer an opportunity to submit a revised plan showing that location of the proposed dwelling is at least 20 feet from Kim Path. At the continued Hearings on January 25, 2012, Attorney Kevin M. Kirrane, Engineer John Slavinsky and Architect Timothy Luff represented the Petition. The revised plans show the proposed dwelling is 20 feet away from the front setback, with the exception of a small bump-out on the structure. Although commending the engineer for relocating the proposal further away from Kim Path, Mr. Nelson said that he is not in favor of the widow's walk. Attorney Kirrane said that the structure on the top floor is not habitable and is just an oversized cupola that provides lighting. Mr. Slavinsky referred it to a sky light. Mr. Luff said that the 9.6x9.6- square foot "feature" will be decorative and selves to bring additional light to the second floor. Mr. Luff said that the Petitioner adamantly insists on this prominent architectural feature. 2