10/26/1994 ZONING BOARD OF APPEALS Decisions

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Board of Appeals- Richardson Jonas V-94-72 3 . 6 . The Jonas Drive subdivision plan was endorsed on November 6, 1985. The subject lots ,i were thus protected until November 6 , 1993 . Since ' the expiration of the statutory protection period, the lots have been subject to the current zoning requirements for the R-5 district . 7 . The subject lots have at all times been under the ownership of the petitioner, Richardson H. Jonas . 8 . Lots 24 , 25, 26 and 27 are adjoining lots . Lots 29 , 30 and 31 are adjoining lots . 9 . All of the subject lots are vacant. 10 . The petitioner claims that he invested $50., 000 . 00 in infrastructure costs to serve the seven lots. 11 . That infrastructure included the placement of various improvements such as a finished roadway, utility lines and drainage facilities which may be considered structures within the meaning of G.L. c . 40A, sec . 6 . 12 . The petitioner asserts that he was unable to sell the subject lots prior to the expiration of the statutory protection period due to a downturn in the economy. . 13 . The Petitioner asserts that he was unable to take other measures such as checkerboarding due to the fact that the lots had become non-conforming before the Planning Board' s endorsement of the Definitive Plan . 14 . The proposed combination of lots would result in the following lot sizes : Lot 24A - 50 , 141 square feet Lot 26A - 62, 061 square feet Lot 29 - 79 , 946 square feet Lot 30A - 84 , 516 square feet Specific Findings 1 . The subject lots on the easterly side are impacted by wetlands and the slope of the land. All of the lots are impacted by the curved shape of the road which creates a hardship which affects this parcel of land and not other land in the same w zoning district .