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01/22/2014 ZONING BOARD OF APPEALS Minutes
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01/22/2014 ZONING BOARD OF APPEALS Minutes
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• <br />• <br />0 <br />MASHPEE ZONING BOARD OF APPEALS <br />JANUARY 22, 2014 <br />MINUTES <br />He also wanted to confirm that the extreme low-water mark is considered un -zoned. <br />Attorney Burke stated that whether the Town has a comprehensive zoning bylaw or not, <br />any court will determine the intent of the bylaw and usually the intent states that this bylaw <br />is intended to regulate uses, land, all activities, and the keyword is "throughout" the Town <br />of Mashpee, not some of the Town. He questions Sections 174-7 and 174-8 and would like <br />these sections taken into consideration. <br />Mr. Bonvie was not present at the January 8, 2014 hearings, but did read the minutes so he <br />can sit in on this hearing. <br />Attorney Wall concluded stating the difference between the last request for the petition and <br />the current request is the issue regarding the use of the boat ramps. <br />Mr. Blaisdell stated he met with Town Counsel and reviewed the details of Attorney Wall's <br />presentation and discussed his opinion with the other Board members and concluded that <br />nothing has changed since the last request. Mr. Blaisdell voted against the petition, denied, <br />Mr. Bonvie voted against, denied, Mr. Jodka, voted against, denied, Mr. Goldstein, voted <br />against, denied, and Mr. DeBaros, voted against, denied. All denied the request to Appeal <br />the Building Commissioner's Decision regarding his enforcement jurisdiction on the <br />proposed offshore aquaculture farm on property abutting an R-3 Zoning District at 36 <br />Popponesset Island Road, (Map 106 Parcel 22), Mashpee, MA. Appellants request reversal <br />of the Building Commissioner's Determination and issue a ruling that the proposed <br />aquaculture grant is subject to, and prohibited by, the Town's By-laws. <br />Katharine F. and Brown Lingamfelter: Request a Written Finding under §174-17 of the <br />Zoning By-laws and M.G.L. Chapter 40A §6 concerning continuance, extension or <br />alteration of a pre-existing, non -conforming structure to allow for two porches on existing <br />dwelling on property located in an R-3 Zoning District at 65 Seconsett Point Road (Map <br />124 Parcel 14-0-R) Mashpee, MA. (At the request of the Attorney, continued from <br />December 11, 2013 hearings). <br />Attorney Wall represents the petitioners and essentially would like the Board's approval of <br />the two porches to an existing non -conforming dwelling. There's an existing structure on <br />the lot and according to the assessing records has been on the lot since approximately 1935 <br />and served by two cesspools. It is on a 1.24 acre lot together with a detached garage. The <br />porches are being proposed on the sides of the structure. The structure is non -conforming <br />because it less than 50 feet back from the wetland resource area of Waquoit Bay. This <br />project has been approved by the DEP who regulates the wetland resource areas. The <br />porches are no closer to the wetlands than the existing structure and therefore the structure <br />is not becoming anymore non -conforming. <br />
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