07/24/2013 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS JULY 24, 2013 MINUTES • An abutter Julie Brady, that resides at 256 Monomoscoy Road approached the Board and asked the meaning of the words "without prejudice" and also asked if there is a limit the number of times the applicant can submit for the same petitions. Jon stated that withdrawal "with prejudice", the petitioner has to wait for one calendar year to re -file under that particular by-law. If "withdrawing without prejudice" they can re -file at any time under that same by-law. There is no limit to the amount of times a petitioner re -files under the same by-law. There were no more questions from the audience. NEW HEARINGS Katharine F. and Brown Linsamfelter: Request a Written Finding under Article V §174-17 of the Zoning By-laws and M.G.L. Chapter 40A §6 concerning continuance, extension or alteration of a pre-existing, non -conforming structure to construct a small addition and detached boathouse with two bedrooms on property in an R-3 Zoning District at 65 Seconsett Point Road (Map 124 Parcel 14-0-R) Mashpee, MA. Sitting on this hearing are Jon Furbush, Bill Blaisdell, Ron Bonvie, Jim Reiffarth and John Dorsey. Attorney, Brian Wall and John Slavinsky from Cape & Islands Engineering were representing the applicants. • Brian Wall, Attorney representing the Lingamfelter's own the single-family dwelling and detached garage located at 65 Seconsett Point Road and proposing a small addition and new boathouse with two bedrooms on the upper floor. The project was presented to the building inspector who determined it required a Finding under Article 5 Section 174-17 of the Zoning By-laws. • Brian stated the lot has been in existence since 1928 and recorded at the Barnstable Land Court Registry. The lot predates the adoption of Zoning Bylaws. The dwelling was built as early as 1935 and also pre -dates zoning and is a lawful pre-existing non -conforming structure. The property is comprised of approximately 32,000 square feet, and is on a peninsula. The Westerly side of the property borders Waquoit Bay and the Easterly side borders Little River. The property is currently served by two cesspools. These cesspools will be replaced by a Title V System with Denit Technology. Brian stated there's a non -conformity under Section 174-33 which requires a 50 foot setback and the existing structure is within that distance. The additions to the dwelling are actually setback from the wetlands than the existing dwelling and the entire boat house is setback 30 feet back than what currently exists. The current house is 9 feet at its closest point and the boat house is 30 feet. The additions are setback 10 feet. 3