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03/14/2001 ZONING BOARD OF APPEALS Decisions
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03/14/2001 ZONING BOARD OF APPEALS Decisions
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A <br /> 1. Lot Coverage and Setback from Wetlands B <br /> The Mashpee Zoning By-law limits lot coverage to 20% in residential districts (I note <br /> your position that the lot coverage is 30% in cluster subdivisions, and respectfully reserve <br /> my clients' rights to disagree). Whether the requirement is 20% or 30%, the Land Space <br /> Requirements Table Footnotes contained under Article VII of the Zoning By-law, <br /> footnote No. 16, require the applicant to exclude any easement 20 feet or more in width, <br /> as well as any wetland defined under G.L. c. 131 sec. 40, from the usable area. <br /> Mr. Glass' plans fail to show a 20 foot wide conservation easement across the lot, which, <br /> when included, places the lot coverage of the structure well over 20%. <br /> i <br /> In addition, the entire lot is wetland, as defined in G.L. c. 131 sec. 40. All of Lot 24 <br /> is land subject to coastal storm flowage, a wetland resource area under G.L. c. 131 <br /> sec. 40. (see 310 CMR 10.02(1)(d) and 310 CMR 10.05). Thus, any construction on <br /> the lot exceeds the allowable lot coverage, and a variance is required. Moreover, <br /> since all construction will take place within a wetland resource area, relief is necessary <br /> from the wetlands setback required under the zoning by-law. <br /> Since no variance from lot coverage or wetland setback has been sought or granted, <br /> i ' <br /> additional zoning relief is required. <br /> I agree with the foregoing and so rule: <br /> Dated: September 2000 <br /> William Hauck <br /> Building Inspector,Town of Mashpee <br /> I do not agree with the foregoing and so rule: <br /> Dated: September 2000 <br /> William Hauck <br /> Building Inspector,Town of Mashpee <br /> i <br /> i <br /> I <br />
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