01/22/2014 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS JANUARY 22, 2014 ML�'UTES Attorney Wall stated the application under section 174-33 relates to the boat house to seek variance relief of the (50) fifty foot setback from the wetlands. The Board is familiar with the circumstances relating to the soil but not effecting the literal enforcement of the bylaw that involves a substantial hardship and desirable relief can be granted without derogation of the public good. The property is located on a peninsula and is bordered by water on two sides. The westerly side, which is bordered by Waquoit Bay, is protected by a vinyl bulkhead on the armored bank, bordering vegetated wetlands and saltmarsh. The two wetland resources recognized under Chapter 131 Section 40 work together essentially creating a pinching movement such that there is only 1,200 square feet that exists outside the setback areas of this particular location, and only 16 feet wide, hence seeking relief from §174-33 provision. The hardship is the literal enforcement of the bylaw being enforced from both angles of the (50) foot setback. It is well known that wetlands do consist of a soil condition that is recognized by the courts. Similarly, a hardship can be established if demonstrated due to the soil conditions or topography of the lot, development that is consistent with the bylaw is prohibited, and this structure meets all other requirements, hence the hardship is this structure cannot be built if allowed under this bylaw. This proposal consists of installing a state-of-the-art Title 5 Septic System thus furthering • the public good by addressing one of the primary problems of nitrogen erosion in the ACEC area on Waquoit Bay. The project was approved by DEP and the buildings will be situated close together on the bulkhead side of the annored bank, and not in a sensitive marsh area, therefore relief can be granted. There were two abutters present. Mr. Stuart McLeod, who resides at 81 Seconsett Point Road addressed the Board and submitted a letter dated December 9, 2013. He expressed his concerns about the density of the area and the potential increase of vehicles and people. The Board read his letter aloud. Mr. Richard Halpern, of 100 Great Neck Road North addressed the Board and spoke on behalf of his cousin, Joel Kanter, who resides at 91 & 94 Seconsett Point Road. The Board received Mr. Kanter's letter on December 9, 2013 prior to the hearing date, and were well informed of his concerns and issues regarding the proposal. Mr. Blaisdell made a motion to approve Katharine F. and Brown Lingamfelter's request for a Variance under § 174-33 of the Zoning By-laws to vary the setback at least fifty (50') feet from any water or wetland as defined by MGL C. 131, §40 for construction of a 35 foot by 60 foot boathouse with two bedrooms on property located in an R-3 Zoning District of 65 Seconsett Point Road, (Map 124 Parcel 14-0-R), Mashpee, MA. Referencing a proposed site plan prepared by Cape & Island Engineering, located 800 Falmouth Road, Ste. 301C, Mashpee, MA for Kathy and Brown Lingamfelter dated January 17, 2012, file 143MA, Scale: 1'=20', Rev. June 8, 2012, Rev. September 20, 2013. Also septic treatment • H600A Hoot System, House No. 65 Seconsett Point Road. 5