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01/20/1993 ZONING BOARD OF APPEALS Minutes
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01/20/1993 ZONING BOARD OF APPEALS Minutes
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ZONING BOARD OF APPEALS
Meeting Document Type
Minutes
Meeting Date
01/20/1993
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[� <br />• moratorium.? <br />Ms. Lane: "That was about title. You don't have to concern <br />yourself with who owns it." <br />Mr. Hauck: "If someone had a lot in 1977 and did not build <br />because of the suit would that qualify for the moratorium in <br />Paragraph 5.?" <br />Ms. Lane: "No, the Town would have to impose the <br />moratorium." <br />Mr. Hauck: " Section 7 on enforcement. Does it have to <br />go to the Board?" <br />Ms. Lane: " You decide on enforcement. On Variances self <br />created hardship or financial hardship not valid. There is <br />some financial consideration if you can't get any value for <br />the land." <br />Mr. Makunas: "On this six and ten year statute can someone <br />come before the Board of Appeals and ask for a letter of <br />determination -- can they ask for a letter of determination- <br />where do they get some sort of opinion?" <br />• Ms. Lane: "No, sometimes they go to the Building Inspector <br />and he shoul'dn''t give it to them. You are not working for these <br />people and cannot certify anything. If someone wants enforcement <br />action it can be appealed to you and at that time you can <br />determine if the statute of limitations applies. Banks cannot <br />come to you to tell them if this is legal or not Building <br />Inspector is not supposed to be advising people. A Building <br />Inspector's letter is not binding and are usually written in <br />such a way that they are self serving. If a building inspector <br />writes something that is not binding and an abutter appealed <br />it is possible it could be overturned. The Building Inspector <br />has no duty to act." <br />Mr. Makunas: "People want to know where they stand." <br />Ms. Lane: "They are supposed to hire an attorney. Look <br />at 40A. If it's not your job." <br />Mr. Govoni: "If someone came to the Board and said I need <br />a frontage Variance or it would be totally unbuildable....". <br />Ms. Lane: "A judge would say build a smaller house if <br />you don't have unusual soil conditions, etc." <br />Mr. Friel: "Let's discuss recind. The Building Inspector <br />enforced the violation and the Board recinded the modification." <br />. Ms. Lane: "The law says that if there is a violation of <br />
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