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08/24/1994 ZONING BOARD OF APPEALS Decisions
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08/24/1994 ZONING BOARD OF APPEALS Decisions
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Board of Appeals Gregory J. and Carol L. Yurek 2 . <br /> The Board of Appeals, after carefully considering all <br /> of the facts and evidence submitted at the hearing, made the <br /> following findings : <br /> 1 . the subject property is located at 199 Daniel ' s <br /> Island Road (Mashpee Assessor ' s Map 100, Block 35 ) . <br /> 2 . the subject property consists of 20 , 651 square <br /> feet fronting on Popponesset Bay and is substantially <br /> impacted by location in the Fema Zone V 17 and the coastal <br /> wetlands. <br /> 3 . the immediate neighborhood consists of single <br /> family homes of similar or larger size and many have been <br /> reconstructed from the original dwellings . <br /> 4 . the changes in the footprint between the proposed . <br /> dwelling and the prior one are insubstantial although the <br /> proposal includes the addition of a deck, garage and pool <br /> thereby increasing the non-conforming nature of the <br /> structure . As a result, this Board is required to make a <br /> determination under M. G.C. Ch. 40A, Section 6 , regarding <br /> substantial detriment. <br /> 5 . The total square feet of the proposed <br /> construction will be 3, 034 square feet resulting in a lot <br /> coverage of 25% based on revised zoning which excludes <br /> wetlands in the computation of lot coverage . Lot coverage <br /> would be 15% without the wetland exclusion of 8, 301 square <br /> feet . The Board found that the proposed lot coverage is <br /> consistent with that of the rebuilt homes in the immediate <br /> neighborhood. <br /> 6 . the proposed reconstruction will permit substantial <br /> improvement to the existing site conditions by conforming <br /> with Flood Plain Construction Requirements . <br /> 7 . the subsurface sewage disposal system will be <br /> replaced with a Title V which will be located at a distance <br /> further from the wetland resource area than the present <br /> system. <br /> S . the site is both adequate and suitable for the <br /> proposed use and provides sufficient land area for parking <br /> and setbacks . <br />
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