10/12/1994 ZONING BOARD OF APPEALS Decisions

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Board of Appeals Mark and Susana L. Gorstein V-94-73 2 . The Board of Appeals made the following findings : 1 . the site is a 15 , 500 square foot lot in an R-3 zoning district bordering on Jehu Pond. 2 . the proposed location is the only place on. the lot where the garage could be constructed and conform to Board of Health and Conservation Commission requirements . 3 . the proposed location would encroach 10 ' on the front setback and conform to side and rear setbacks . 4 . the 15 ' front setback is consistent with other homes in the area . _ 5 . the lot coverage will be increased from 14 . 4% including the wetlands to 22 . 8% excluding the wetlands . The lot is impacted by 2 , 200 square feet of wetlands . The Board determined that , owing to the location of the wetlands at the rear of the lot in combination with the location of the existing dwelling and septic system, a literal enforcement of the front setback and lot coverage requirements of the by-law would involve substantial hardship to the petitioner . The Board found that a 15 ' front setback may be allowed without substantially derogating from the intent of the by-law and without substantial detriment to the public good . The Board found that these circumstances related to the land and structure in question but did not affect generally the zoning district in which the land is located . Upon motion duly made and seconded the Board of Appeals voted unanimously on June 8 , 1994 to grant the Variance allowing for a 26 ' front setback . The Variance is referenced by plans of Michael H. Grotzke dated September 6 , 1994 .