02/28/1996 ZONING BOARD OF APPEALS Decisions

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Board of Appeals Elwood O. Mills, Jr. V-96-16 2. FINDINGS: a. General 1. the subject property is located on Lake Avenue off of Newtown Road and contains 2.045 acres. 2. the lot is identified as a taxable lot on the assessor's records.. 3. the unpaved Lake Avenue is accessible to vehicular traffic and is typical of many unpaved roads in the Town. 4. the neighborhood consists of similar lots with three of them improved with single-family homes. b. 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. c. Specific Findings 1. the unusual shape and location on a dirt road create a hardship in the use of the land. The topography affects this lot and not the zoning district in which it is located. 2. without variance relief the lot cannot be used for a residence, the purpose for which it had been laid out and for which other lots in the neighborhood have been used. 3, other than a building lot, said land could not be put to any other profitable use. 4. the lot has been maintained as a separate buildable lot on the Assessor's records. 5. the Board found that desirable relief could be granted without derogating from the intent of the By-laws or without detriment to the neighborhood or the Town. Upon motion duly made and seconded, the Board of Appeals voted unanimously on February 28, 1996 to grant the Variance to allow construction of a single-family home. The Variance is subject to the following condition: the owner shall be responsible for the maintenance of the road to provide access for emergency vehicles and the Town has no responsibility for any road maintenance.