07/24/2013 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS Katharine F. and Brown Lingamfelter 65 Seconsett Point Road (Map 124 Parcel 14-0-R) Mashpee, MA 02649 FINDING-2013-23 On September 11, 2013, Public Hearings, the following Board members were present and acting throughout: William A. Blaisdell, Vice Chairman, Ronald S. Bonvie, Clerk, Board Member, James Reiffarth, Associate Members, Domingo K. DeBarros and Richard Jodka. Building Commissioner, Richard Morgan was also present. The Mashpee Zoning Board of Appeals issues this Decision pursuant to the provision of Massachusetts General Laws Chapter 40A §9 and the Town of Mashpee Zoning By-laws. Attorney Brian Wall representing Katharine F. and Brown Lingamfelter stated there were matters regarding the scope of relief needed for the boathouse that indicate a Variance would be required. He agreed to withdraw the request for a Written Finding because under By-law Section 174-17 indicates a"pre-existing non-conforming structure" and the proposed boathouse does not apply because it is a"new" structure. There were no comments from abutters. General Finding: The subject property located at 65 Seconsett Point Road consists of approximately 32,000 square feet. Written Finding Criteria: §174-17. Continuance; Extensions; Alterations - Lawfully created structures or uses may be continued, although not conforming to the provisions of this chapter. Non- conforming single- or two-family dwelling structures may be changed, extended or altered if such change, extension or alteration complies with the dimensional requirements applicable to the lot under current provisions of §174-31 or, for lots which have been developed pursuant to §174-21, complies with such requirements as were applicable to initial construction of the dwelling under provisions of §174-21. Changes, extensions or alterations of non-conforming single-or two-family dwelling structures which do not meet the applicable dimensional requirements as set forth above, and changes, extensions or alterations of all other non-conforming structures, or non-conforming uses, may not be made unless there is a written finding by the Board of Appeals that such change, extension or alteration shall not be substantially more detrimental than the existing nonconforming structure or use to the neighborhood and that there is adequate land area to provide sufficient parking and setbacks as may be required. Although said finding shall not constitute a special permit as defined by the general laws and this by-law, the Board of Appeals shall follow the procedures specified in the general laws for special permits in processing requests for such findings. For the purposes hereof, compliance with dimensional requirements shall be determined by the Inspector of Buildings. History:Amended 10-4-1993 ATM,Article 24,approved by Attorney General 10-18-1993. History:Amended 10-17-2005 ATM,Article 22,approved by Attorney General 3-7-2006. 2