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1976-1979-ZBA APPEALS - BLACKBOOK
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1976-1979-ZBA APPEALS - BLACKBOOK
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6/26/2023 2:11:42 PM
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1: A Variance can be granted owing to the circumstances relating to <br /> the soil conditions, shape or topography of such land and especially affecting <br /> such land but not affecting generally the zoning district in which it is <br /> located, a literal enforcement of the provisions of this By-law would involve <br /> substantial hardship, financial or otherwise, in that the land cannot be <br /> effectively,used for the permitted uses under the By-lax and that a use of <br /> the property .as a gasoline station would avoid the aforesaid hardship of <br /> inability to effectively use the property for .anyr of. the permitted uses. <br /> 2. Desirable relief may be granted without substantial detriment to <br /> the public good in that the use of the subject premises as a gasoline station <br /> would be more advantageous to the public than the .permitted uses under the <br /> By-law. <br /> 3. Desirable relief may be granted without nullifying or substantially <br /> derogating from the intent of purpose of the By-law .in that the use of the <br /> land as a gasoline station would be in conjunction and in harmony-with the <br /> uses permitted in the District. <br /> Upon motion duly made and seconded, the Board voted unanimously to grant <br /> the petition, but to impose the following conditions. upon the use of the <br /> property as a retail gas stations <br /> 1. .The property is to be used for the retail sale of gas and oil and <br /> automotive accessories only. <br /> 2. Cigarette and soda are not to be sold upon,the property in units <br /> larger than the smallest unit sold at a retail store. <br /> 3. Automobiles or boats are not to be offered for sale or rent on the <br /> property. <br /> 4. Gasoline is not to be sold via the self-service method. Gas may <br /> only be dispensed by an employee or attendant. <br /> 5, . Gas station permitted by this variance shall be open for business <br /> within nine (9) months from this date filed by the Town Clerk. <br /> -2- <br />
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