1970-1975-ZBA APPEALS - BLACKBOOK (2)

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1 as to allow off street parking; Lot No. 3 vary as to 42 ' ; Lot No. 4 vary as to 38 ' ; Lot No. 5 vary as to 42 ' ; Lot No. 6 vary as to 45 ' ; Lot No. 8 vary as to allow off street parking. Findings of Facts : The Board herewith finds that by decision date January 4 , 1973 this Board granted this peti- tioner a variance to build 163 condominium units subject to certain conditions . The conditions pertinent hereto are: "5. A buffer zone of 50 feet from side lines. . . " and phasing the construction over a three yeak period. The condominium law General Laws Chapter 183A re- quires complete construction of all units within a a parcel before a deed can be granted. In this case it would be three years before the first deed could be given resulting in an impossible financial hardship on the petitioner. This parcel of land topographically requires the buildings to be clustered as shown on the plans leaving Lot 7 completely vacant. We further find that the subdivision is solely to accommadate the timely granting of deeds and in no way change the physical aspects of the development as originally granted and we hereby decide. Decision: That because of the facts as found there are vari- ance conditions especially affecting such parcel but not affecting generally the zoning district in which it is located, a literal enforcement of the provisions of the by-law would involve substantial hardship, financial or otherwise to the appellant, and desirable relief may be granted without sub- stantial detriment to the public good and without nullifying or substantially derogating from the in- tent or purpose of such by-law. THEREFORE 1. We granted the variances as petitioned from Article 9. 31 of the zoning by-laws. 2 . We grant a variance as petitioned and shown