05/27/1998 ZONING BORD OF APPEALS Decisions

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Board of Appeals John and Mary H. Pellegrini IRS. - V-98-73 2. Variance Criteria 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 involve hardship to the petitioner, Findings I. the subject lot contains 11,040 square feet in an area of similarly sized lots. 2. the lot has appeared as a separate lot on all maps and was clearly intended to stand on its own and not as part of adjacent developed land. 3. the lot has been assessed and taxed as a separate and distinct buildable lot. 4. without relief the lot could not be used for a residence, the purpose for which it had been laid out and for which the balance of the lots in the area are being used. 5. the Board determined that desirable relief could be granted consistent with the planned area in which it is located. On the basis of these factors, the Board determined that a literal enforcement of the By-law would result in substantial hardship to the Petitioner and that desirable relief could be granted without nullif�ing from the intent or purpose of the Zoning By-law and without detriment to the public good. Upon motion duly made and seconded, the Board of Appeals voted unanimously on May 27, 1997 to grant the Variance to allow a lot size of 11,040 square feet and ftontage of 100 feet on property at 35 Pondview Ave. (Map 58, Block 75).