01/25/1995 ZONING BOARD OF APPEALS Decisions

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r, Board of Appeals George A. Benway III - V-95-11 2. 1 I The Board of Appeals made the following findings: 1. the undeveloped lot is located on Bay Road on Monomoscoy Island and contains 14,673 square feet. It is surrounded by lots of similar size on which single family dwellings have been built. 2. the unpaved Bay Road is accessible to vehicular traffic and is typical of many unpaved roads in the Town. 3. other than a building lot, said land could be put to no other profitable use. 4. the lot has been maintained as a separate buildable lot on the assessor's records. 5. the triangular shape of the petitioner's lot is an unusual one on Monomoscoy Island and is impacted by vegetated wetland to the rear. 6. the Petitioner has sited the house on the only place on the lot which would not encroach on the 50' setback from the wetlands and has conformed to the Conservation Commission requirements. 7. in the proposed location, the proposed dwelling would encroach only 6 and 1/2 feet on the front setback. On the basis of these factors, the Board has determined that , owing to the unique triangular shape of the lot in combination with the topography of the land in question a literal enforcement of the By-laws would involve substantial hardship to the Petitioner and that the front yard setback may be reduced by 6 1/2 feet and permission given to build on an unpaved road. Upon motion duly made and seconded the Board of Appeals voted unanimously on January 25, 1995 to grant the Variance to allow the construction of a single family dwelling on 1 I Bay Road and to allow the front setback of 18 1/2 feet. The Variance is referenced by plans of ARO Engineering Plan No. A-989 dated December 27, 1994. The Board found that desirable relief could be granted without nullifying from the intent or purpose of the Zoning By-laws and without detriment to the public good.