10/09/2002 ZONING BOARD OF APPEALS Decisions

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furthest point of any building on the lot. Where there is a lot with only a one- /4 family dwelling and/or a residential accessory building, such access,where it lies within the lot,may be by a maintained all-weather surface driveway, constructed B by any combination and manipulation of soils, with or without admixtures, which produce a firm mass capable of supporting fire apparatus in all weather conditions C and having an improved surface width of twelve (12) feet and a cleared width of sixteen(16) feet. p 48. On or about September 3, 2002, defendant Frank McDonald, as Trustee of the F.M. Realty Trust, filed an application for a variance from Section 174-32 of the Town's Zoning i By-laws to vary the fire protection requirements of the By-laws as to the roadways serving 18 Lettie Lane so as to permit the construction of a single-family home on the property. 49. Public hearings on the matter were held by the Zoning Board on October 9, 2002 and November 13, 2002. 50. Section 10 of G.L. c. 40A requires that a permit-granting authority may grant a variance from the terms of the applicable zoning by-law if it finds: ... that owing to circumstances relating to the soil conditions, shape or topography of such land or structures and especially affecting such land or structures but not affecting generally the zoning district in which it is located, a literal enforcement of the provisions of the ordinance or by-law would involve substantial hardship, financial or otherwise, to the petitioner or applicant, and that the desirable relief may be granted without substantial detriment to the public good and without mollifying or substantially derogating from the interest or purpose of such ordinance or by-law. 51. On or about November 13, 2002 the Zoning Board voted to grant the requested variance. 52. On November 20, 2002, the Zoning Board's decision granting the requested relief was filed with the Town Clerk. A certified copy of the Board's decision is attached hereto as Exhibit D. i 53. To the extent that the final action taken by the Zoning Board on November 20, 2002 tog rant zoning relief to Frank McDonnell, as Trustee of the F.M. Realty Trust, was 12 i