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-2013-63 There were two abutters present. Mr. Stuart McLeod, who resides at 81 Seconsett Point Road 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 letters from abutters submitted to Attorney Wall that were in favor of the proposal;Will Ostrom, 111 Ostrom Rd, Waquoit, 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 a comment into the record by Board of Health 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 a comment into the record by Conservation Department dated November 25, 2013, from Drew McManus, Conservation Agent; "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." SPECIFIC FINDINGS: §174-33. Setback from water and wetlands Any building or structure, exclusive of fixed or floating piers, wharves, docks,bridges or boardwalks, shall be set back at least fifty(50) feet from any water or wetland as defined by MGL C. 131, §40. M.G.L. Chapter 131 Section 40: The term "coastal wetlands", as used in this section, shall mean any bank,marsh, swamp,meadow, flat or other lowland subject to tidal action or coastal storm flowage. 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, the Board finds that the applicant has established a hardship warranting relief from the provisions of Bylaw §174-33, 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 fiom the 50 foot setback requirement of §174-33 would not derogate from the purpose and intent of the Bylaw, nor would it generate any substantial detriment to the public good. 3