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Board of Appeals- Richardson Jonas V-94-43 3 . <br /> 6 . The Jonas Drive subdivision plan was <br /> endorsed on November 6 , 1985 . The subject lots <br /> were thus protected until November 6 , 1993 . Since <br /> the expiration of the statutory protection period, <br /> the lots have been subject to the current zoning <br /> requirements for the R-5 district . <br /> 7 . The subject lots have at all times <br /> been under the ownership of the petitioner, <br /> Richardson H . Jonas . <br /> i <br /> 8 . Lots 24 , 25 , 26 and 27 are adjoining <br /> lots . Lots 29 , 30 and 31 are adjoining lots . <br /> 9 . All of the subject lots are vacant . <br /> 10 . The petitioner claims that he <br /> invested $50 , 000 . 00 in infrastructure costs to <br /> serve the seven lots . <br /> 11 . The petitioner claims that he was <br /> unable to sell the subject lots prior to the <br /> expiration of the statutory protection period due <br /> to a downturn in the economy. <br /> 12 . The petitioner claims that he will <br /> not receive his expected return on investment if he <br /> is required to combine the lots to meet current <br /> zoning requirements . <br /> 13 . Because of the subdivision road <br /> configuration, the lots would have to be merged <br /> into two lots in order to meet the current minimum <br /> 80 , 000 square foot lot area requirements : one lot <br /> with an area in excess of 100 , 000 square feet , and <br /> the other lot in excess of 112 , 000 square feet . <br /> Variance Criteria : <br /> Section 10 of MGL Chapter 40A requires that <br /> the permit granting authority make the following <br /> findings : <br /> 1 . that there are circumstances relating <br /> to the soil conditions , shape or topography which <br /> especially affect the land or structure in <br /> question but which do not affect generally the <br /> zoning district in which the land is located . <br />