12/11/2013 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-2013-61 Attorney Brian Wall represented the Petitioners who own a single-family dwelling and detached garage at 65 Seconsett Point Road. They are proposing to add two new porches to the existing non-conforming dwelling and requesting the Board's approval. The existing structure, according to the assessing records, has been on the lot since approximately 1935 and served by two cesspools. The proposed porches on the sides of the structure are non-conforming because they are less than 50 feet back from the wetland resource area of Waquoit Bay. The Petitioners contend that the proposed project is allowed as of right under the second sentence under §174-17 of the By-law because the proposed work complies with applicable dimensional requirements. GENERAL FINDINGS: The subject property located at 65 Seconsett Point Road consists of approximately 53,900 square feet(33,500 upland). There were two abutters present. Mr. Stuart McLeod, who resides at 81 Seconsett Point Road who 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. The Board read aloud abutter letters submitted to Attorney Wall that were in favor of the proposal; Will Ostrom, I I I Ostrom Rd, Jane and Richard Capelotti, 8 Seconsett Point Road, John Allen, 52 Seconsett Point Road, Gloria Henn, 29 Seconsett Point Road, Robert and Priscilla Allen, 53 Seconsett Point Road, and Builder, John Agricola, of Mashpee who has built two homes on Seconsett Point Road. The Board read into the record a Board of Health comment dated January 17, 2014 from Glen Harrington, Health Agent; "5 bedroom septic system approved. Garage structure does not have any legal bedrooms in it." The Board read into the record a Conservation Department comment from Drew McManus, Conservation Agent, dated November 25, 2013; "No issues with Conservation Dept. This was part of a larger proposal that included construction of a boat house. The commission denied the project and it was appealed to the state and approved by DEP via a superseding order of conditions." 2