09/13/1995 ZONING BOARD OF APPEALS Decisions

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Board of Appeals Harry T. Spohr- V-95-60 2. Findings: A. General 1. the subject property is located at 29 Hamblin Road and consists of 31,820 square feet fronting on Hambhns Pond. 2. Hamblin Road is an unimproved gravel way which provides access to three other single family dwelling and a Town parking area. It is accessible to vehicular traffic and is typical of many unpaved roads on Monomoscoy Island. 3. the lot is substantially impacted by wetland resource areas. 4. the subject property is now served by Town water and a fire hydrant is located at the corner of the lot. 5. the proposed construction will result in only 5.4% lot coverage, excluding the wetlands. 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 shape and topography of the lot prevent the placement of the house in any other location. 2. the unusual topography affects this lot and not the district in which it is located. 3. the site distance and width of Hamblin Road are sufficient to accommodate safe travel of emergency vehicles. 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 area are being used. 5. the Board found that a literal enforcement of the By-laws would produce a substantial hardship. The hardship relates to the wetland intrusion on this lot, its irregular shape due to that intrusion. On the basis of these factors, the Board determined that the appficant met the criteria for granting a Variance. Upon motion duly made and seconded the Board of Appeals voted unanimously on September 13, 1995 to grant a Variance of three feet (3') to allow the construction of a home 47 feet from the wetlands, to allow a front setback of sixteen feet (16) and to permit construction on an unpaved road. The Variance is referenced by plans of J. E. Landers-Cauley, P.E. dated July 27, 1995.