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