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BOARD OF APPEALS <br /> Petition of Karl F. & Delores G. Mills <br /> For Variance Under the Zoning By-Law <br /> 14. (continued): <br /> house was build in 1940's on wrong site on Town owned land. Error was discovered <br /> in 1987 and Town Meeting authorized Selectmen to exchange Town land for <br /> Petitioners' land. <br /> Subsequent accurate survey of Petitioners true ownership revealed lot size <br /> of 32,879 sq, ft.±. The exchange between Petitioners and Town authorized <br /> by Town Meeting was for equal swap of land area. New lot created on Town <br /> land is equal to existing lot of Petitioners to be conveyed to Town but new <br /> lot is undersized. (District I-1 requires 40,000 sq. ft. minimum.) A variance <br /> from minimum lot size requirement of Section 7.4 is required. No use variance <br /> is required as the dwelling has been located at this site for 40+ years and <br /> pre-dates zoning. No variance from front yard set back is required for the <br /> same reason. Side and rear yard set backs comply with current requirements <br /> of I-1 Zone. <br /> A severe hardship, not created by Petitioners, exists. Unless relief is granted, <br /> Petitioners will have to physically move their house. This specific required <br /> relief has been approved by two Special Town Meeting votes and does not <br /> constitute a substantial derogation from the intent and purpose of the By-Law, <br /> nor does it constitute a substantial detriment to the public good. <br />