05/13/2015 ZONING BOARD OF APPEALS Decision

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Town of Nlashpee 16 Gi at N' ck&wl Afba i �r�aa w las)ipee,Massachusetts OPA49 MASHPEE ZONING BOARD OF APPEALS DECISION FOR A VARIANCE V-2015-12 Richard R. Manganiello and Doc#: 1168985 Jennifer D. Manganiello Certificate#: 194649 56 Kim Path, (Map 117 Parcel 97) Mashpee, MA 02649 A Petition was filed on April 22, 2015 by Richard R. and Jennifer D. Manganiello requesting a Variance under §174-31 for lot coverage relief to construct an 8' x 10' shed on property located in an R-3 Zoning District, (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 April 24, 2015 and May 1, 2015 a copy of which is attached hereto and made a part hereof. The Mashpee Zoning Board of Appeals issues this Decision pursuant to the provisions of Massachusetts General Laws Chapter 40A §10 and the Town of Mashpee Zoning By-laws. Public Hearings were held on the Petition at the Mashpee Town Hall on Wednesday, May 13, 2015 at which time the following members of the Board of Appeals were present; Chairman, Jonathan Furbush, Vice Chairman, William Blaisdell, Board Members, Ron Bonvie, Associate Members, Dom DeBarros, and Scott Goldstein. A notification letter of violation by the Building Commissioner was sent to the homeowner back on September 3, 2014 asking the shed be removed because there was no building permit on record with the Building Department. Mr. Kevin Kirrane, Attorney representing the Manganiello's for approval to construct a modest size shed for storage of beach chairs and bicycles. Mr.Kirrane provided pictures of the newly constructed home that was approved by the Board in 2011. The original lot coverage relief request was 24.1% and was reduced to 21.7%. The 80 sq. ft. shed will increase the lot coverage to 22.9% and is still below the 24.1% which existed prior to the reconstruction project. The structure will meet the required setbacks under the zoning bylaw and is consistent in size and design with other properties on Kiln Path. Mr.Furbush read a comment fiom the Inspections Department into the record;"The area is zoned R3 and the property is in the VE Flood zone. The property is also in the Pre- contact Archaeology Sensitivity area—listed as "Moderate Sensitivity" Because the shed will be placed within the VE Zone,it will need to be secured to site, secured to the site with sono-tubes or any other method approved by either FEMA and or the Massachusetts State Building Code for building in a VE Zone." 1