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HomeMy WebLinkAbout1956-11-05186 November 5, 1956 Regular Meeting The meeting ~as called to erder at 8:00 p. m. Members present: Nicholas Nicetta, Chairman, John 0sgood, Secretary, James Bannan, Ralph Finck~ Howard Gilman. The Ednutes of the precedings meetings were dispensed ~ith. Mr. Charles E. Thornton was present to discuss the removal of earth on Mill Road. Mr. Thornton resided on Mill Hoad and previous to this meeting wrote to this Board seekdng advice concerning the legality of a truckin~ operation which has recently started sdjace~t to his property. Mr. Phelan of the Board of Assessors was also present on this matter. Mr. Thornton was informed by the Board that under the present B y-Law, the Planning Board is unable to thus alleviate ~he matter. Mr. Phelan b~ought out it a perEit was required, and further added it was a nuisance. The Board replied it was a matter for the Selectmen. Mr. Gilman brought out that ~r. Cyr is the proprietor of the operation in question. The Board discussed the matter at some length, and concluded the discussionwith the ad?ice that Mr. Thornton present the situation to the Board of Selectmen. Mr. Carmelo Marino accompanied by David McCracken, Civil Engi~$r, appeared before the~ Board. Mr. Marino's profile plans of Woodstock Street were reviewed by the Board. Mr. Marino was told that he is required to put al2" pipe on Woodstock Street (from Linden Avenue up on Woodstock Street to the remains of the stone wsll piping is not required.) Mr. Marino was also informed to install a catch ~asin at the corner of Linden Avenue. A letter was written to the Board of Selectmen by the Planning Board opposing any re- turning of bond to Mr~ Marino until such time as Mr. Marino meets all requirements listed in the regulations and presents to this Board a definitive plan of Woodstock Street, Mr. Marino was sent a carbon copy of this letter. Attorney John Lynch was present as coUnsel for Mr. Roy R. Fart. The Board sent Mr. Farr correspondence stating he was not acting in good faith by stripping the loam off the land on Chickering Road. Mr. Lynch disagreed that Mr. Farr is stripping the loam. It was brought out thatMr. Farris selling some of the loam~ The Planning Board dows not p~ohibit the selling of loam. The area is zoned for Agricultural at the prssent. Mr. Chairm~u stated that he has come before the Planning Board for an approval of a sub- division. At this rate he will be a subdivision and Agricultural district. Mr. Bannan made a motion to rescind the conditional approval. No one seconded this motion. , Mr. Lyuch stated the ~o~if 4' deep and has permission to take half of the loam. He stated that when Mr. Farr comes in for a building permit, and the Board feels he has not acted in good faith to deny btm a permit. Mr. Chairman stated that under the present by-law how wquld he remove h~lf of the loam and sell the remaining half as if prohibits the digging of all the loam. Mr. Lynch stated that N_r. Farr is acting in good faith. The Board request~ that Mr. Farr send a letter to the Planning Board stating that he is not going to sell any more loam and stake out the streets, also to furnish releases to the Town from abb~ttors relieving the Town from any and all liabilities from increased flowage from his land.