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 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. §174-17 Continuance, Extensions, Alterations: Changes, extensions or alterations of non-conforming single- or two-family dwelling structures which do not meet the applicable dimensional requirements as set forth in this Section, and changes, extensions or alterations of all other non-conforming structures, or non-conforming uses, may not be made unless there is a written Finding by the Zoning Board of Appeals. §174-20 Rebuilding of Destroyed or Damaged Non-Conforminy, Structure: Any non- conforming building or structure destroyed or damaged by fire, flood, lightning, wind or otherwise may be rebuilt, subject to approval of the Zoning Board of Appeals. Written Finding: 1. The Board determined that the proposal shall not be substantially more detrimental than the existing non-conforming structure or use to the neighborhood for the following reasons: • the proposal is consistent in size and height with other recently renovated homes in the neighborhood. • the existing deck will be replaced with a patio, reducing the lot coverage from 24.1%to 21.7%. • encroachment into the rear setback (easterly side) will be reduced, going from one foot to 9.2 feet. • the northerly side conforms to the setback requirements. • 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 plantings are a vast improvement to the parcel. • dry wells will be installed on the property to address drainage issues. • there is adequate parking and sufficient setbacks to accommodate this proposal. 2. Because the unique 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, the Board also determined that the Petitioner meets criteria for grant of Variance relief from the front setback requirements. In view of the foregoing, the Board determined that the Petitioner met the criteria for grant of a Written Finding and Special Permit. 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 the Written Finding and the Special Permit to allow for the proposal, and as permitted under M.G.L. Chapter 40A Section 6. 3