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Board of Appeals Peter Maglione TR. V-94-49 2 . <br /> 2 . the lot is one of five contiguous lots in <br /> common ownership. <br /> 3 . the lot is located in an R-3 zoning district <br /> which requires 40 , 000 square foot lot size and 150 feet <br /> frontage . <br /> Variance Criteria: <br /> Section 10 of MGL Chapter 40A requires that the <br /> permit granting authority make the following findings : <br /> 1 . that there are circumstances relating to the <br /> soil conditions, shape or topography which especially <br /> affect the land or structure in question, but which do not <br /> affect generally the zoning district in which the land is <br /> located. <br /> 2 . that due to those circumstances a literal <br /> enforcement of the 'provisions of the zoning ordinance or <br /> by-law would involve substantial hardship, financial or <br /> otherise , to the petitioner or appellant <br /> 3 . that desirable relief may be granted without <br /> nullifying or substantially derogating from the intent or <br /> purpose of the zoning ordinance or by-law <br /> 4 . that desirable relief may be granted without <br /> substantial detriment to the public good. <br /> Specific Findings <br /> 1 . The petitioner presented no information <br /> demonstrating any unique topography, soil conditions or <br /> shape of the subject lot, especially affecting this lot but <br /> not generally the zoning district in which it is located. <br /> 2 . The Board of Appeals determined that the <br /> petitioner failed to meet the conditions necessary for the <br /> granting of a Variance. <br /> For the foregoing reasons the Board of Appeals <br /> voted unanimously on October 26 , 1994 to deny the <br /> application without prejudice. <br />