09/28/1994 ZONING BOARD OF APPEALS Decisions

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Board of Appeals Paul W. Hanlon 2 . The Board of Appeals made the following findings: 1 . The subject property is a 10, 000 square toot lot at the corner of Old Brickyard and Cappawack Road with 100 feet frontage on each street . it is a combination of four lots previously shown on Land Court Plan 11830-B. 2 . The lot is larger than many developed 'lots in the immediate area. 3 . The lot is situated in an R-5 Zoning District which provides for a minimum lot size of 80 , 000 square feet and setbacks of 40 ' ( front) 25 ' ( side ) and 15' ( rear) . 4 . The lot is now serviced by a public water supply. 5 . The lot has been maintained as a separate lot on the assessor' s records and has never been merged with any other parcels . 6 . The lot is located in a 1959 residential subdivision originally known as the John' s Pond Trust . 7 . 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 subdivision were being used. 8 . The Board found that a literal enforcement of the by-laws produced a substantial hardship. The hardship relates to the size and circumstance of said lot being bounded by two ways and clearly intended to stand on its own and not as a part of the adjacent developed land. 9 . The Board determined that desirable relief could be granted consistent with the planned area in which it is located. The Board found that relief could be granted without derogating from the intent of the By-laws or without detriment to the neighborhood or the Town. Upon motion duly made and seconded, the Board of Appeals voted unanimously on November 9 , 1994 .to grant the Variance on lot size.