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HomeMy WebLinkAbout1962-09-07Friday, September 7, 1962 Special Meeting The Planning Board held a special meeting on Friday evening, Sept. 7, 1962 at 7:00 P'M. in the ToE Building. The following members were present and voting: James M. Bannan, ~a~rman; Robert J. Burke, Secretary; Howard Gilman, William Chepulis and George Farley. The Evening Tribune reporter, John Farrell, was also present. The Board met to discuss what action they should take regarding the Board of Appeals decisions on George Farkas, Jack Broadhead and John & Keidi Indelas. ~h~. Burke read a letter from Town Counsel, which states that the Planning Board must act within 21 days after August 27, 1962 and the following matters must be completed: 1. Formal vote of the Planning Board to request Town Counsel t° take such steps in its behalf as may be necessary to appeal the decisions in question to the Superior 0o~t. 2. A request by the Planning Board to the Selectmen that the latter authorize me to take such steps in your behalf. No later than Sept. 11, 1962, Town Counsel should have in hiS possession the following: 1. ~ certified copy of the vote of the Board authorizing the appeals. 2. A letter from the Selectmen authorizing me to proceed as requested by yonr Board. 3. The nm~es and addresses of all of the parties in favor of whom the Board of Appeals decisions were rendered. Town Counsel sent a cop~ of this letter to the Chairman of the Board of Appeals and to the Board of Selectmen. Mr. Bannan read the decision from the Board of Appeals for George Farkas. He stated that the area is zoned for Industry and that it is an illegal license, issued by the Licensing Board. Mr. Chepulis said that the Zoning By-Laws expressly prohibits such use of a special permit to sell used cars. He said the reasons the Board of Appeals gave for granting the special permit are in direct contradiction and violation of the Zoning By-Laws. No zoning by-law is meant to benefit the economic .standing of an applicant. The Board of Appeals can give a variance but they cannot re-zone. There is no provision in the by-law for such a permit and it is not a variance. F~r. Gilman asked how come he got the license in the first place and stated that just about all filling stations sell used cars. Mr. ~annan said the Licensing Board issued the license but that no new one has been issued. He~then gave the example of Mr. Cashman applying to the Licensing Board for a permit to sell used cars on ~utton Street and it was denied because it was in an Industrial zone. Mr. Burke said he is definitely against going to court and says the Board should meet with the Board of Appeals and talk everything over instead of going to court. He then made a motion that the Board will not go to court. Mr. Farley seconded the motion. Sept. 7, 1962 - Cont. Mr. Bannan said he will not accept a negative motion. He stated that wetve gone to slot of trouble for re-zoning and that after Sept. Ilth, no appeal can be made. Mr. Burke said he wants to keep away from the courts. Mr. Gilman said that the lawyers will be the only ones to benefit. Mr. Farley said to re~ember that one member of the Planning Board was present at the Board of Appeals meeting. Mr. Barman then repeated that he will accept a positive motion only. Mr. Chepulis made a motion that proper action be taken to have the petitions go before Superior Court. Mr. Bannan stepped down from the Chairmanship and designated Mr. Farley to sit in his place. He then seconded the motion. M~. Farley said '%et's not act in baste." Mr. Gi~an and Mr. Burke agreed with him. enough time and accept anything said we could not meet on Monday night because there would not be the Selectmen might be through with their meeting and will not further on the agenda. Mr. Farley said to ~orget it and let him have it. Mr. Chepulis said "You're opening the door for more violations of a similar nature. Farkas was even his business. said the Board made conditions regarding set-back, etc. and that willing to construct a building if necessary in order to continue Mr. Barman said he tried to get the Board of Appeals Chairman to meet, but he wsnt ahead and signed the decisions. Mr. Burke said he doesntt beliw~e?,in jumping into a~thing. It isn't that important to get so excited over. Mr. Farley said there are alot of violations in town, and that this situation is minute compared to other things in town. This man has come out in the open to ask for a permit. Mr. Bannan said the Bankers didn't like his situation and he was told to. Mr. Chepulis said that it is the obligation of the members of the Plaguing Board to see that the Zoning By-Laws are upheld. An appeal can be stopped easily. Mr. Bannan said he got a letter from the Board of Appeals to meet with them onLSept. 17th, which is too late after the llth. Mr. Bsnnan asked for a vote on Mr. Chepulis' motion. Mr. Farley said"This is crazy." Mr. Gilman said "Itfs not good for the .town." Mr. Burke said '~tfs not necessary- the Selectmen won't issue a permit." Sept. 7, 1962- 0ont. Mr. Chepulis said it is not a desirable thing but necessary and then read letter from the Selectmen to the Planning Board regarding the license and said they will base their decision on ~hat the Board does. Mr. Farley said that ~he Board should meet with the Board of Appeals on Monday evening. Mr. Bannan again asked for a vote to Mr. Chepulist motion, with Mr. Farley acting chairman. Mr. Bannan voted in favor of action. Mr. Burke voted No. Mr. Gilman voted No. Mr. Chepulis voted in favor. Mr. Farley voted against. The motion was defeated. Mr. Gilman said again that the Board should meet with the Board of Appeals on Monday night; that they should have a chance to talk it over. A letter will be sent to the Board of Selectmen to notify them that the Planning Board has requested the Board of Appeals to meet withsthem on Sept. 10th to discuss the t~ee petitions. Mr. B~rke made a motion to adjourn the meeting. Mr. Gilman seconded the motion and the vote was unanimous. The meeting adjourned at 8:30 P.M. ~D