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Zoning Board of Appeals Minutes 01/25/2012
MASHPEE ZONING BOARD OF APPEALS
MINUTES
JANUARY 25, 2012

The Mashpee Zoning Board of Appeals held Public Hearings on Wednesday, January 25, 2012 at 7:00 p.m. (Conference Room #2) at the Mashpee Town Hall, 16 Great Neck Road North.  Board Members Robert G. Nelson, Jonathan D. Furbush, William A. Blaisdell, James Reiffarth, and Ronald S. Bonvie, and Associate Board Member Judith M. Horton were present.  Board Member John M. Dorsey was absent.  Building Commissioner Richard E. Morgan attended the meeting.

Chairman Robert G. Nelson opened the meeting at 7:00 p.m.

PLEDGE OF ALLEGIANCE
No flag in the room.

CONTINUED HEARINGS

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.  Continued from December 14, 2011 Public Hearings to allow Petitioner opportunity to submit revised plan showing relocation of proposed dwelling.

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.  Continued from December 14, 2011 Public Hearings to allow Petitioner opportunity to submit revised plan showing relocation of proposed dwelling.

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 and Architect Timothy Luff represented the Petition.  Mr. Slavinsky submitted revised plans showing that the proposed dwelling will be located 20 feet away from the front setback, with the exception of a small bump-out on the structure.

A lengthy conversation about the proposed widow’s walk/cupola (“feature”) ensued.  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 he would characterize the feature as a cupola, not a widow’s walk.  Mr. Slavinsky said that it is actually a sky light.  Mr. Reiffarth said that it would block the view of neighbors behind the dwelling.  Mr. Luff said that a traditional widow’s walk would be constructed over the top of the ridge and would be two feet higher than the proposal.  The 9.6x9.6-foot feature is square with three windows on each side.  Mr. Luff said that the Petitioner prefers this prominent architectural feature.  Mr. Luff submitted a sketch of his draft.  Mr. Luff said that changing the pitch of the roof would only make a difference of 6 inches.    Mr. Morgan commented that he feels that the feature is preferable to a widow’s walk.

The Conservation Commission issued an Order of Conditions on November 30, 2011.

Mr. Michael Kelley, an abutter at 49 Kim Path, questioned the bump-out and reviewed the revised plan.  Mr. Luff explained that the turret was designed to bump out one foot in order for the roof to complete itself and for the facets to work architecturally.  Mr. Kelley raised no objections to the proposal.

Mr. Blaisdell made a motion 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.  Findings:
  • Lot coverage will be reduced from 24.1% to 21.7%; encroachment into the rear setback (easterly side) will improve from one foot to 9.2 feet; the northerly side conforms to the setback requirements; therefore, the proposal is not substantially more detrimental than the existing non-conforming structure or use to the neighborhood.
  • There is adequate land area to provide sufficient parking and setbacks as the Board may require.  
This Decision is conditioned upon the following:
  • Cape & Islands Engineering plan entitled: “Proposed Site Plan Located in Mashpee, Mass. Prepared for Richard Manganiello.  Date: Sept.20.2011, Rev’d.  Nov.8,2011.  Rev’d.Jan.19,2012”.
  • Sketch dated and signed by Architect Timothy Luff.
  • Compliance with Board of Health Memo: “The owner or representative of the property shall notify an agent of the Board of Health, during construction of the dwelling, that a 40 mil.  rubber liner has been installed alongside of the septic tank.”
  • No material, equipment, or machinery will be allowed inside the coastal dune either during demolition and removal of existing structure, or during construction of the new dwelling.
Mr. Furbush seconded the motion.  Mr. Bonvie voted yes.  Mr. Reiffarth voted yes.  Mr. Blaisdell voted yes.  Mr. Furbush voted yes.  Mr. Nelson abstained.  Motion passed.  

Mr. Blaisdell made a motion to grant a Variance of 5.7 feet from the front setback requirements.  Findings:
  • Circumstances relating to soil conditions, e.g. the coastal dune running through a large portion of the subject property, especially affects such land or structure, but does not affect generally the zoning district in which it is located; therefore, a literal enforcement of the provisions of the ordinance or by-law would involve substantial hardship, financial or otherwise, to the Petitioner.  
  • Because lot coverage will be reduced with this proposal, desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of such ordinance or by-law.
This Decision is conditioned upon the following:
  • Cape & Islands Engineering plan entitled: “Proposed Site Plan Located in Mashpee, Mass. Prepared for Richard Manganiello.  Date: Sept.20.2011, Rev’d.  Nov.8,2011.  Rev’d.Jan.19,2012”.  
  • Sketch dated and signed by Architect Timothy Luff.
  • Compliance with Board of Health Memo: “The owner or representative of the property shall notify an agent of the Board of Health, during construction of the dwelling, that a 40 mil.  rubber liner has been installed alongside of the septic tank.”
  • No material, equipment, or machinery will be allowed inside the coastal dune either during demolition and removal of existing structure, or during construction of the new dwelling.
Mr. Furbush seconded the motion.  Mr. Bonvie voted yes.  Mr. Reiffarth voted yes.  Mr. Blaisdell voted yes.  Mr. Furbush voted yes.  Mr. Nelson abstained.  Motion passed.  

Frank J. and Mildred M. Iarossi: Request a Written Finding under Section 174-17 of the Zoning By-laws concerning continuance, extensions and alterations for permission to reconstruct an existing entryway and renovate a portion of the existing deck into a screened porch on property located in an R-3 zoning district at 74 Waterway (Map 105 Parcel 213) Mashpee, MA.  At Petitioner’s request, continued from January 11, 2012 Public Hearings (opened, but not heard) to next ZBA meeting with five-member Board sitting.  

Sitting:  Board Members Jonathan D. Furbush, William A. Blaisdell, James Reiffarth, and Ronald S. Bonvie and Associate Member Judith M. Horton.  Mr. Nelson stepped down.  

Mr. Michael Borselli, President/Owner of Falmouth Engineering represented the Petition.  Plans call for conversion of a portion of an existing deck into an enclosed porch and installation of sonotube footings and columns to support the existing deck.  Reconstruction of an existing entry front entry way and installation of new siding, window replacement and roof alterations will create a more aesthetically pleasing appearance.  Lot coverage will increase slightly from 21.3% to 21.7%.  The proposal will not encroach any further into the wetland resource area than what currently exists.  

The Conservation Commission issued an Order of Conditions on January 25, 2012.

No comments were received from abutters.    

Mr. Blaisdell made a motion to grant the Written Finding.  Findings:  
  • Increase in lot coverage is insignificant; proposed changes will improve the appearance of the dwelling; installation of sonotube footings will support the existing deck and proposed screened porch; therefore, the proposal is not substantially more detrimental than the existing non-conforming structure or use to the neighborhood.
  • There is adequate land area to provide sufficient parking and setbacks as may be required.  
This Decision is conditioned upon compliance with Falmouth Engineering plans entitled: “Plot Plan for #74 Waterway, Prepared for Frank Iarossi in Mashpee.  Plan Date: November 29, 2011”.
Mr. Reiffarth seconded the motion.  Ms. Horton voted yes.  Mr. Bonvie voted yes.  Mr. Blaisdell voted yes.  Mr. Reiffarth voted yes.  Mr. Furbush voted yes.  Vote was unanimous.  

OTHER BUSINESS

Vote to sign Voucher: Reimbursement of Engineering Consultant Charles L. Rowley for services rendered in connection with River Hill Road project.  Continued.  Town Accountant informed ZBA to await approval from Administration to permit Petitioner of River Hill Project to donate balance of the project’s performance bond to Mashpee Affordable Housing Funds after reimbursing Mr. Rowley.

Accept January 11, 2012 Minutes
Mr. Blaisdell made a motion to accept the Minutes.  Mr. Furbush seconded the motion.  All voted in favor.  

Mr. Blaisdell agreed to attend the February 7, 2012 Plan Review and Design Review Committee meeting in the event that Mr. Nelson is unable to attend.
 
Mr. Nelson made a motion to adjourn the meeting.  Mr. Furbush seconded the motion.  All voted in favor.  Meeting was adjourned at 8:00 p.m.

Respectfully submitted,

Cynthia Bartos
ZBA Administrative Secretary