12/14/2011 ZONING BOARD OF APPEALS Executive Session

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MASHPEE ZONING BOARD OF APPEALS DECEMBER 14, 2011 MINUTES Mr. Nelson seconded the motion. Mr. Furbush voted yes. Ms. Horton voted yes. Mr. Bonvie voted yes. Mr. Nelson voted yes. Mr. Blaisdell voted yes. Vote was unanimous. Richard R. Manganiello and Jennifer D. Manganiello: Request 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. Sitting: Board Members Robert G. Nelson, Jonathan D. Furbush, William A. Blaisdell, James Reiffarth, and Ronald S. Bonvie. Richard R. Manganiello and Jennifer D. Manganiello: Request 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. Sitting: Board Members Robert G. Nelson, Jonathan D. Furbush, William A. Blaisdell, James Reiffarth, and Ronald S. Bonvie. Attorney Kevin M. Kirrane, Engineer John Slavinsky, Architect Timothy Luff, and Landscape Architect Michael Talbot represented the Petitions. 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 new three-bedroom 2,700 square-foot home. The proposal will meet the side setback requirements. Encroachment into the rear setback will be improved, going from less than one foot to over 12 feet. Lot coverage will be reduced from 24.1% to less than 22%. 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. Significant improvement to the lot calls for extensive landscaping that will replace invasive species with plants indigenous to the coastal area. 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 yard setback and setback to water and wetlands requirements. Referencing Section 174-17 of the By-laws, Attorney Kirrane stated that the proposal shall not result in a condition that is substantially more detrimental to the neighborhood than the current condition. The new dwelling will be valued substantially higher than the 2