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 V-2013-62 Attorney Brian Wall stated the roadway providing access to the Lingamfelter's property does not comply with Section 174-31, however, the road has been in existence since the 1920's, prior to adoption of the Bylaws. Further, the Petitioners' lot has been in existence since 1928, and a dwelling has been on the lot since 1935, they are protected from application of Section 174-12 of the Bylaw as lawful, pre-existing non-conforming structures and uses. The Board notes the provisions of G.L. c. 40A, §10, which provide that a variance may be granted due to circumstances relating to soil conditions, shape or topography of land or structures which affect such land or structures but not the subject zoning district generally, a literal enforcement of the bylaw would involve a substantial hardship to the petitioner, and desirable relief can be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the bylaw. In consideration of the physical characteristics and topographical conditions of the subject property, which includes the presence of wetland soils and the proximate location of bodies of water around the lot, together with the pre-existing nature of the dwelling on and roadway providing access to the lot, the Board finds that the applicants have established a hardship warranting relief from the provisions of Bylaw§174-31,that a literal application of said Bylaw to the subject lot would involve substantial hardship with respect to the applicant's reasonable use of the lot, and that the grant of a variance from the access roadway requirement of§174-31, as requested, would not derogate from the purpose and intent of the Bylaw, nor would it generate any substantial detriment to the public good. CONCLUSION: In view of the foregoing, the Board determined the Petitioners met the criteria for a Variance under G.L. c. 40A, §10 and the Bylaws with respect to the roadway access requirements of§174-31 in conjunction with their request to allow for construction of a 35 foot by 60 foot boathouse with two bedrooms on property located in an R-3 Zoning District at 65 Seconsett Point Road, (Map 124 Parcel 14-0-R), Mashpee, MA. Referencing a proposed site plan prepared by Cape & Islands 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,Mashpee,MA. Upon duly made at the Public Hearings dated Wednesday,January 22,2014,the Board voted; four members in favor, and one member denied. Motion passed. 3