03/27/1996 ZONING BOARD OF APPEALS Decisions

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Board of Appeals Marjorie M. Hodgman- V-96-26 2. FINDINGS A. General 1. the subject property is located at 110 Wheeler Road(Map 57, Block 20) and contains 29,600 square feet. 2. the immediate neighborhood consists of lots of similar size most of which have been improved with single family homes. 3. the subject lot was created in 1963 and the size exceeded the zoning requirements at that time. 4. the lot borders on Ashumet Pond at the rear. 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 topography of the lot and the wetland restrictions create a hardship in the use of the lot. 2. the topography affects this lot and not the zoning district in which it is located. 3. the lot is now serviced by a public water supply and can accommodate a Title V septic system . 4. the Board determined that, absent 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 subdivision are being used. 5. the lot has been separately maintained as a buildable lot on the Assessor's Records for the past 33 years. 6. the Board found that the granting of a Variance would not derogate from the intent of the By-laws nor would it be a detriment to the neighborhood. Upon motion duly made and seconded, the Board of Appeals voted unanimously on March 27, 1996 to grant a Variance of 50 feet to allow frontage of 100 feet and a Variance of 50,400 square feet to allow a lot size of 29,600 square feet to allow the construction of a single family home.