01/26/1994 ZONING BOARD OF APPEALS Decisions

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Board of Appeals Donald H. Priestly TR. - N.O.A. 94-9 2 . Findings - 1 . the subject property is located at 141 James Circle (Assessor' s Map 71, Block 183 ) and contains 24, 381 square feet. 2 . the subject property is one of sixteen lots granted Variances for lot size, frontage and setbacks . All of the lots are included in an Approval Not Required plan of Doyle Engineering dated November 9 , 1990 . The Variance Decision for all of the lots was filed with the Town Clerk on January 24 , 1991 and the twenty-day appeal period expired February 13 , 1991 . The Decision was amended later in 1991 and -in July, 1992 . 3 . The first Building Permit was issued in August, 1991 for a parcel on Assessor' s Map 71, Block 168 and Building Permits were subsequently issued for 12 additional lots . Houses were constructed and sold on 12 of these lots . 4 . Home construction was commenced pursuant to the terms of the Building Permits shortly thereafter and within the first year of the life of the Variance. 5 . Since substantial construction was commenced on at least one of the properties, which was the subject matter of the Variance Decision issued in January 1991, within one year of said Decision the Variance has not expired. 6 . The Board therefore finds that the Decision of the Building Inspector to stop further construction on other lots which were part of that same Variance Decision is incorrect and should be annulled . Upon motion duly made and seconded the Board of Appeals voted unanimously on March 2 , 1994 in favor of the applicant. The Board determined that the relief granted by the Variance is still in effect and that the Stop Work order should be rescinded for the following reasons : 1 . substantial construction of at least one dwelling has occurred and 2 . since all of the lots are contained in one Decision the construction of a single dwelling satisfies the "substantial construction" requirement .