07/01/2016 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES SEPTEMBER 14, 2016 Chairman Furbush had questioned the current status of the construction within the wetlands.Attorney Wall said that an extension was filed for the wetlands permit that is still valid, and is valid for three years. Mr. Mendoza wanted to know why a Variance was not filed for the 50 ft. buffer to the wetlands. Attorney Wall said that the existing structure is within the 50 ft. buffer of the wetlands and that's the reason for the Written Finding under Section 174-17 to alter or change a pre- existing, non-conforming structure. The non-conformity is not getting any greater because there is nothing being built closer to the wetlands, and the porch is being built in the back of the existing structure. The Board had a discussion about the proposed deck being built below the flood plain elevation. Attorney Wall said it's a pre-existing, non-conforming structure and the proposed screened porch is well below the 50% of the appraised value. Mr. Bonvie made a motion to approve the Written Finding as previously granted. The application was changed by reducing the amount of porches. The Board has determined that the applicant meets all the conditions of a Written Finding under Mass General Law 40A Section 6. Certified Plot Plan: Prepared by Cape & Islands Engineering entitled; House No. 65 Seconsett Pt Rd., Proposed Site Plan located in Mashpee, Mass. prepared for Katharine & Brown Lingamfelter, Sheet No: 1 of 1, Date: 4/28/16, DWG File: Seconsettpoint_65, Scale: as noted, Approved by: MC, Checked by: MC, Drawn by: WD. Assessors Information: Parcel ID: 124-14-0. Signed by Matthew Costa NO. 52282. The original Plot Plan that was approved in 2013 is as follows: Plot Plan Prepared by Cape &Islands Engineering entitled;House No. 65 Seconsett Pt Rd.,Proposed Site Plan located in Mashpee,Mass. prepared for Katharine&Brown Lingamfelter, dated January 17, 2012, Scale: 1' = 20' file: 143MA, Rev. June 8, 2612, Rev. September 20, 2013, Rev. October 20, 2013, remove boat house, title requirements with no additional flow, cottage additions only. Upland Lot Area = 33,500 SF, Existing Lot Coverage = 4.6%, and Proposed Lot Coverage=7.2%,Flood Zone VI 8 EL 14, This Project is Not located in an area of critical environmental concern. Mr. Blaisdell seconded. All were in favor of approving the revisions to the existing dwelling with the reinstated Written Finding. 8