07/27/1994 ZONING BOARD OF APPEALS Decisions

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Q ' Board of Appeals Peter Maglione TR. V-94-:30 . 2 . 2 . the lot is one of five contiguous lots in common ownership. 3 . the lot is located in an R-3 zoning district which requires 40 , 000 square foot lot size and 150 feet frontage. Variance Criteria: Section 10 of MGL Chapter 40A requires that the permit granting authority make the following findings : 1 . that there are circumstances relating to the soil conditions, shape or topography which especially affect the land or structure in question, but which do not affect generally the zoning district in which the land is located. 2 . that due to those circumstances a literal enforcement of the provisions of the zoning ordinance or by-law would involve substantial hardship, financial or otherise, to the petitioner or appellant 3 . that desirable relief may be granted without nullifying or substantially derogating from the intent or purpose of the zoning ordinance or by-law 4 . that desirable relief may be granted without substantial detriment to the public good. Specific Findings 1 . The petitioner presented no information demonstrating any unique topography, soil conditions or shape of the subject lot, especially affecting this lot but not generally the zoning district in which it is located. 2 . The Board of, Appeals determined that the petitioner failed to meet the conditions necessary for the granting of a Variance . For the foregoing reasons the Board of Appeals voted unanimously on October 26 , 1994 to deny the application without prejudice .