05/13/1998 ZONING BOARD OF APPEALS Decisions

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Board of Appeals Robert and Carol Moore- V-98-74 2. Variance Criteri Section 10 of Chapter 40A requires that the permit granting authority determine that there are circumstances relating to the shape and topography which affect this lot and not the district in which it is located and that a literal enforcement of the By-laws would result in hardship to the Applicant. 1. the subject lot is bisected by the Waquoit Bay ACEC and bounded on two sides by a fresh water wetland. 2. the shape and topography of the lot create a hardship in the use of the land. 3. the applicants have maintained a 50 foot buffer from the wetlands and the Conservation Commission has recommended approval. 4, the unusual topography affects this lot and not the district in which it is located. 5. other than a building lot, this land could be put to no other profitable use. 6. the unpaved Amy Brown Road is accessible to vehicular traffic and the Planning Board has approved the subdivision and released the covenants on the improvements to the road. On the basis of these factors, the Board determined that a literal enforcement of the By-laws would result in substantial hardship to the Petitioners and that desirable relief could be granted without nulWng from the intent or purpose of the By-laws and without detriment to the public good. Upon motion duly made and seconded the Board of Appeals voted unanimously on May 13, 1998 to grant the Variance to allow construction of a single family home on an unpaved road in an ACEC. The Variance is subject to the final approval by the Conservation Commission and the transfer of the deed to Lot 4 (Map 115, Block 19)to the Town and upon compliance with plans of Baxter&Nye Inc. dated March 14, 1998.