10/12/2011 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS Gregory J. and Carol L. Yurek 199 Daniels Island Road Mashpee,MA 02649 SP-2011-34 The subject property is a 28,952 square feet situated in an R-3 Residential District. The property fronts upon Popponesset Bay. The property has 20,651 square feet of upland and 8,301 square feet of wetlands.l The Yureks purchased the property in October of 1992. The Building Inspector recommended that the existing non-conforming 40-year old, structurally unsound dwelling be removed to allow for reconstruction of the foundation and a new dwelling. Consequently, the Yureks applied for a Special Permit to authorize them to raze the structure and build a new one. Since the proposal required zoning relief, they took the opportunity to also seek permission to add a garage and a swimming pool. After a public hearing held on August 24, 1994,the Board of Appeals granted the requested Special Permit (No. SP-94-61). A copy of the Special Permit is attached as Exhibit "A". The permit authorized the Yureks to construct the new dwelling, garage and swimming pool consisting of 3,034 square feet and resulting in lot coverage of 25%, excluding wetlands in the computation of lot coverage. See, Finding 45. The Board also found that the lot coverage would be 15% without the wetland exclusion. See, Finding #5. The Board specifically found that the new lot coverage was consistent with the neighborhood. The Yureks exercised the Special Permit by building the approved structures in 1995. The as-built structures are approximately 46 square feet less than the permitted amount and cover 14.2%of the upland portion of the lot. The Yureks are now retired and their needs have changed. They desire more room in order to accommodate visits by their adult children and their future grandchildren. Accordingly, they propose to add a floor to the existing dwelling and to construct an addition that will connect the existing dwelling to the garage. The addition will have a family room, an exercise room and a full basement. The new rooms will provide additional living space and the basement will provide needed storage space. (The existing structure does not have a basement because it is in a flood plain; the proposed addition is outside of the flood plain and can have a basement). The Yureks also propose to reconstruct the garage with a full basement underneath. The new garage will be on the same footprint as the existing garage and will not affect lot coverage. The existing structures cover 2,988 square feet. The existing structures plus the proposed addition will cover 3,426 square feet. Using the same analysis that the 1 See,Findings#2 and#5 in Special Permit No. SP-94-61. 2