12/11/2013 ZONING BOARD OF APPEALS Decision

Home Browse Search

MASHPEE ZONING BOARD OF APPEALS Katharine F. and Brown Lingamfelter 65 Seconsett Point Road (Map 124 Parcel 14-0-R) Mashpee, MA 02649 V-2013-63 Attorney Brian Wall represented the Petitioners who own a single-family dwelling and detached garage at 65 Seconsett Point Road. They are proposing to construct a new boathouse with two bedrooms on the upper floor. The proposed structure will be located within 50 feet of water or wetlands, and therefore, requires relief from §174-33 of the Zoning Bylaw. Attorney Wall stated the Board is familiar with the provisions of G.L. c. 40A, §10, which provides 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. 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 or water resources recognized under Chapter 131 Section 40 which abut the parcel work together essentially creating a pinching movement such that there is only a 1,200 square feet area that exists outside the setback areas of this particular location, with a width of 16 feet, hence prompting the applicant to seek relief from §174-33 setback provision. The hardship asserted is the literal enforcement of the bylaw from both angles of the (50) foot setback. It was asserted that wetlands do have a unique soil condition that is recognized by the courts. Similarly, a hardship can be established if it is demonstrated that due to the soil conditions or topography of the lot, development that is consistent with the bylaw, and/or a structure which meets all other requirements,would be prohibited by literal enforcement of the subject 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 loading 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 armored bank, and not in a sensitive marsh area, therefore relief should be granted. GENERAL FINDINGS: The subject property located at 65 Seconsett Point Road consists of approximately 53,900 square feet(33,500 upland). 2