1988-1990-ZBA APPEALS (2) - Laserfiche WebLink

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. Mr. Hanrahan - It would be one thing if Mr. Parachi bought the property knowing that this house was 9 1/2 feet from the sideline. But I assume he didn't. Mr. Penski - Our deed is dated 7/86. We had no concept of whether there was a house on the abutting lot or not. Mr. Hanrahan then explained Section 40.8 regarding what is needed to prove hardship. Mr. Penski - The garage is not immovable. It's not like a living room or a bedroom, and he.can have it taken down in September when he and his family move back to Providence. That's not a hardship. It's a hardship to Mr. Parachi because now he cannot put a house on that lot where he could have otherwise put it up. Mr. Govoni - Could a house be put up on that lot within 15 feet of the lot line? Mr. Penski - No way. Mr. Hanrahan - It is irrelevant if Mr. Parachi wants to build a house close to the line or not. You're required to meet side lines. Mr. Govoni - Nothing can be done as far as a land swap? Mr. Penski - There's a real problem with that. The Town has recently rezoned. They are now requiring larger lot sizes. This lot's boundaries are grandfathered. The Board then discussed the lot as far as topography, etc. • Mr. Hanrahan made the suggestion that the Board visit the lot. They will take the case under advisement and let all parties know of their decision. So voted. Discussion To See if Variance if Required For: 1) Stone/New Seabury 2) Kaplan, 3) McCarthy, 4) Brandwein Richard Halpern - Town Counsel says that any lot that was not held in common ownership and was created before the by-law was enacted in 1985 is protected by 7.7 of the By -Laws. It is a dimensional requirement. When you create a lot, your dimensional zoning at that time applies, whether it's sidelines or what, it's grandfathered. It is also a dimensional requirement concerning distance from wetlands to where you can build. For any new lots created after 1985, 7.7 would apply. For any created prior to 1985, 7.7 would not apply - they would be grand- fathered. Richard then, read an example from a letter from Kevin Kirrane concerning • the case of Ron McCarthy. An..excerpt from that letter reads:.