01/22/2014 ZONING BOARD OF APPEALS Minutes

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• • 0 D'IASHPEE ZONING BOARD OF APPEALS JANUARY 22, 2014 MINUTES The bylaw Sectionl74-17 does allow for this petition stating that the alteration of a non- conforming structure is not substantially more detrimental than the exiting non -conforming structure. The homes on Seconsett Point Road vary in size from small, modest to large and these porches will be consistent with the size and style of the neighborhood. He submitted some letters from neighbors that support the project and where read aloud for the record. This project was withdrawn at a prior hearing and one issue that was discussed is a section of the bylaw that states; "if the new construction results in more than 50% of the value of the existing structure, than the entire structure needs to raised up above the base flood level". Mr. Wall submitted an appraisal of the structure, separate from the land and is (Exhibit J) of the proposal. Also, the Board asked for the value of the porches which are slightly less than 50%. Attorney Wall concluded he submitted the requests and asked the Board to grant the relief. Mr. Wall stated there are two different plans, one with the two porches, and one with the boat house. Mr. Blaisdell made a motion to approve the Lingamfelter's request for a Written Finding under § 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 allow for two porches on existing dwelling on property located in an R-3 Zoning District at 65 Seconsett Point Road (Map 124 Parcel 14-0-R) Mashpee, MA. This references a plot plan entitled; Proposed Porches are located further from any wetland resource area than the existing structure", House No. 65 Seconsett Point Rd., Proposed Site Plan located in Mashpee, Mass. prepared for Katharine & Brown Lingamfelter, dated January 17, 2012, Scale: 1' _ 20' file: 143MA, Rev. June 3, 2012, Rev. September 20, 2013, Rev. October 20, 2013 remove boat house, title requirements with no additional flow, cottage additions only. Issuing the finding the proposal is not substantially more detrimental than the existing non- conforming structure. The new dwelling will be an improvement, and conform to current building code requirements, is compatible in size and character to other structures in the neighborhood and sufficient parking and setbacks as may be required. Mr. Bonvie second, yes, Mr. Jodka yes, Mr. Goldstein, yes, Mr. DeBarros, yes. All were in favor. Katharine F. and Brown Lingamfelter: Request a Variance under §174-31 of the Zoning By-laws to vary the front, rear and side setbacks 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. (At the request of the Attorney, continued from December 11, 2013 hearings).