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HomeMy WebLinkAbout1985-05-13May 13, 1985 Regular Meeting The Board of Appeals held a regular monthly meeting on Monday, May 13, 1985 at 7:30 p.m. in the Town Office Meeting Room with the following members present and voting: Frank Serio, Jr., Chairman; Alfred E. Frizelle, Esq., Vice Chairman; Augustine W. Nickerson, Clerk; William J. Sullivan; and Walter F. Soule. Associate Member Raymond A. Vivenzio, Esq. and Building Inspector Charles Foster were present. PUBLIC HEAI~INGS Jefferson Office Park - Variance - Chestnut Street A letter from Richard F. Kaminski, project engineer, dated 5/13/85 and requesting that the petition be withdrawn without prejudice was read and placed on file. Attorney Clifford Elias asked to address the Board. He stated that he is opposed to the request and asked the Board to deny the request. Attorney John Cronin also spoke and read from MGL Chapter 40-A. He stated that testimony should be allowed and the petition should not be allowed to be withdrawn. MOTION: by Mr. Frizelle to allow the petition to be withdrawn without prejudice. No second - motion fails. The Clerk then read the legal notice. Chairman Serio read a letter from the Planning Board dated 5/13/85. Mr. Serio tol~ those present that the Board of Appeals has no power to grant the variance as requested. Attorney Elias added that it is his understanding that it is not specifically a request for a change in use but a request for a setback variance. The petition is not properly before this Board. Mr. Kaminski added that he came to this Board in good faith and asked to have the petition withdrawn. He said it is not fair to subject his client to further testimony. Attorney Cronin repeated that the petition should be heard. MOTION: by Mr. Frizelle to allow the petition to be withdrawn without prejudice. SECOND: by Mr. Sullivan k VOTE : In favor - 3 (Serio, Frizelle, Soule) Opposed - 2 (Sullivan, Nickerson) Motion carries - petition withdrawn. Fitzgerald, James - Variance - Sylvan Terrace The Clerk read the legal notice. Mr. Fitzgerald was present and made the following presentation: - He needs a variance from Section 7. - His property was recently surveyed and the setback violations were discovered. He is trying to correct the problem. - The dwelling was built in 1968. - No new construction is proposed. No one spoke in favor or opposition to the petition. A letter from the Building Inspector dated 5/13/85 was read and placed on file. MOTION: by Mr. Frizelle to take the petition under advisement. SECOND: by Mr. Soule VOTE : Unanimous - motion carries Miele ~ealty Trust - Variance - Clark Street (continued public hearing) Attorney John J. Willis, Jr., representing the applicant, made the folowing presentation: - The hearing was continued from last month because the petitioner did not have a plan at the last meeting. - The lot is under Purchase and Sale and is shy of the 80,000 square feet required in the zone. - The proposed use is within the Zoning By Law. - Mr. Miele wishes to construct a structure for the use of his business. - The topography and shape of the lot cannot be altered. - The use will not be detrimental to the neighborhood. It is near the airport and landfill. - They are before the Board of Appeals for a variance from the required lot area. - At some future date a side setback variance may be needed. - The proposed use is to keep the equipment of the petitioner who is in the paving business. - There is a house on the lot. They intend to raze it with two sheds. Speaking in favor of the petition was Attorney Ramsey Bahawry. stated that after the denial of all the re-zonings at Town Meeting, this petition is in order. He added that the proposed use is consistent with the neighborhood. No opposition was voiced. Building Inspector Foster added that prior to 1972, this lot was He I-L. It only required 50,000 square feet and this lot conformed. In 1972 it became I-2 and the area requirement increased to 80,000 square feet. The town's action caused this lot to become non-conforming. MOTION: by Mr. Frizelle to take the petition under advisement. SECOND: by Mr. Nickerson VOTE : Unanimous - motion carries ~orwood, Malcolm - Variance - Main Street (continued hearing) Mr. Norwood was present and made the following presentation: - He proposes to erect a deck on the second story of his property on Main Street. - It will be over his land. He needs the variance in order to construct it. No one spoke in favor or opposition to the petition. MOTION: by Mr. Frizelle to take the petition under advisement. SECOND: by Mr. Nickerson VOTE : Unanimous - motion carries. Adams, Christopher - Special Permit - Osgood Street The Clerk read the legal notice. Mr. Adams, appearing on his own behalf, made the following pre- sentation: - The property is opposite Western Electric. - It is site of the miniature golf course and arcade. He is now importing French croissants and wants to make .them on the premises. - He is proposing a retail and wholesale operation. - The arcade room will no longer be there. There will be no exterior changes to the building. It will be like a Frech cafe. He would like to be able to sell to colleges and supermarkets. The truck will be there once a day and should not cause any interference. - He needs the Special Permit for the retail use. Speaking in favor of the petition was Bill Georgaqui, the im- porter. He stated they have many retail units in France. They also have them at MIT and BU. A letter from the Building Inspector dated 5/13/85 was read and placed on file. Speaking in opposition was Mr. George Farkas. He stated that the licenses for the golf course and arcade are illegal. The noise is bad. It will be the same with the bakery. Mr. Adams added that the licenses were obtained via variances. MOTION: by Mr. Frizelle to take the petition under advisement. SECOND: by Mr. Sullivan VOTE : Unanimous - motion carries Rea, Gilbert - Special Permit - Rea Street/Chestnut Street The Clerk read the legal notice. Mr. Rea, appearing on his own behalf, made the following presen- tation: - He is seeking a renewal of his Earth Removal Permit. - It is a quiet operation. - Only he and the Highway Department haul off the site. - Approximately 10,000 yards have been removed. A letter from the Building Inspector dated 5/13/85 was read and placed on file. No one spoke in favor or opposition to the petition. MOTION: by Mr. Frizelle to take the petition under advisement. SECOND: by Mr. Nickerson VOTE : Unanimous - motion carries Moulton, R. Douglas - Special Permit - Winter Street The Clerk read the legal notice. Mr. Moulton was present and made the following presentation: - He is seeking a Special Permit in order to allow him to have an in-law apartment for his mother, Gertrude Moulton. - She is a widow and partially disabled. - This will enable her to live with them and still have some independence. The apartment will consist of a kitchen, living room, bedroom, and bath. The following letters were read and placed on file: Board of Health (3/29/85) Conservation Commission Building Inspector (5/13/85) No one spoke in favor or opposition to the petition. MOTION: by Mr. Frizelle to take the petition under advisement. SECOND: by Mr. Soule VOTE : Unanimous - motion carries Giacalone, Joseph - Special Permit - Sullivan Street The Clerk read the legal notice. Mr. Giacalone, appearing on his own behalf, made the following presentation: - The Special Permit is needed for an in-law apartment. - It will be constructed on an existing foundation. - He works out of the country and his daughter will occupy the main dwelling with her family and his two unmarried sons and his wife and himself will occupy the in-law apartment. - His daughter will care for the sons when he is out of the country. - At some point, the deed will be changed, but not now. A letter from the Building Inspector dated 5/13/85 was read and placed on file. No one spoke in favor or opposition to the petition. Building Inspector Foster added that the applicant will have to go to the Board of Health to have the septic system reviewed. MOTION: by Mr. Frizelle to take the petition under advisement. SECOND: by Mr. Nickerson VOTE : Unanimous - motion carries Hetherington, James - Variance - Annis Street The Clerk read the legal notice. Mr. Hetherington, appearing on his own behalf, made the following presentation: - They have lived in the 80 year old dwelling for 10 years. - They need a variance to construct an addition consisting of a two stall garage, a bathroom, a laundry area, and a breezeway. - It would be used as a family room and for relatives visiting. - Eventually, his mother may live in the addition. - The existing garage will be moved. - The second entrance will be in the breezeway. - They need the two stall garage for two cars, bikes, sleds, etc. The existing house and the addition will be sided. - All the garages on the street are within 2 feet front and rear. - He will improve the drainage for his abutter, Mrs. Little. Letters from the following were read and placed on file: Michael and Cynthia Caffrey Thelma Lovejoy Steven Lovejoy Ruth Frederickson Paul and Jean Gallagher Note: Ail of the above letters were in favor of the variance. Mr. Jack McDowall spoke in favor of the petition. Speaking in opposition was Mrs. Sylvia Little, an abutter. Mrs. Little stated the following: - R-4 calls for 15 feet on the side. - Lovejoy's garage is to her left. - She wants the 15 feet maintained on the Hetherington's side. - There is a water problem - it comes from the back property. Building Inspector Charles Foster informed Mrs. Little that a 12 foot setback is required on the side in this zoning district. MOTION: by Mr. Frizelle to take the petition under advisement. SECOND: by Mr. Sullivan VOTE : Unanimous - motion carries Varrichione, Andrew - Variance - Waverly Road The Clerk read the legal notice. The petitioner was not present. MOTION: by Mr. Frizelle to continue the public hearing until June 10, 1985. SECOND: by Mr. Sullivan VOTE : Unanimous - motion carries DECISIONS Franz, Robert - Special Permit - Andover Street (from April) MOTION: by Mr. Frizelle to grant the Special Permit for a family suite on the premises as shown on the plan submitted which shall be attached to the Special Permit, with the following conditions: 1. That the addition be in accordance with the architects's rendering presented at the meeting held on May 13, 1985. 2. That the family suite is solely for occupancy by Mr. and Mrs. Felix J. Cote, parents of Mary Franz. e The Special Permit shall expire at the time Mr. and Mrs. Felix J. Cote cease to occupy the family suite. e The Special Permit shall expire at the time the premises are conveyed to any person, partnership, trust or corporation. Se The applicant, by acceptance of the Certificate of Occupancy issued pursuant to the Special Permit, grants to the Building Inspector or his lawful designee the right to inspect the premises. SECOND: by Mr. Nickerson VOTE : Unanimous - motion carries Miele Realty Trust - Variance - Clark Street MOTION: by Mr. Frizelle to grant the variance as requested subject to the condition that the dwelling and garages be razed prior to the issuance of a building permit. SECOND: by Mr. Soule VOTE : Unanimous - motion carries Norwood, Malcolm - Variance - Main Street MOTION: by Mr. Frizelle to grant the variance as requested. SECOND: by Mr. Nickerson VOTE : Unanimous - motion carries Rea, Gilbert - Special Permit - Rea/Chestnut Streets MOTION: by Mr. Frizelle to continue the Permit as presently in effect. SECOND: by Mr. Nickerson VOTE : Unanimous - motion carries Moulton, R. Douglas - Special Permit - Winter Street MOTION: by Mr. Frizelle to grant the Special Permit subject to the following conditions: The family suite is soley for occupancy by Gertrude Moulton, mother of R. Douglas Moulton. The Special Permit shall expire at the time Gertrude Moulton ceases to occupy the family suite. The Special Permit shall expire at the time the premises are conveyed to any person, partnership, trust or cot por at i on. The applicant, by acceptance of the Certificate of Occupany issued pursuant to the Special Permit, grants to the Building Inspector or his lawful designee the right to inspect the premises. SECOND: by Mr. Nickerson VOTE : In favor - 4 (Serio, Frizelle, Nickerson, Soule) Abstain - 1 (Sullivan) Motion carries Giacalone, Jospeh - Special Permit - Sullivan Street MOTION: by Mr. Frizelle to grant the Special Permit for use by Mr. and Mrs. Giacalone as shown on the plan submitted subject to the following conditions: That the premises be occupied by Mr. and Mrs. Joseph Giacalone and their two sons, Jon and Michael Giacalone. The Special Permit shall expire at the time Mr. and Mrs. Joseph Giacalone and Jon and Michael Giacalone cease to occupy the family suite. The Special Permit shall expire at the time the premises are conveyed to any person, partnership, trust or corporation. The applicant, by acceptance of the Certificate of Occupancy issued pursuant to the Special Permit, grants to the Building Inspector or his lawful designee the right to inspect the premises. SECOND: by Mr. Soule VOTE : In favor - 4 (Serio, Frizelle, Nickerson, Soule) Abstain - 1 (Sullivan) Motion carries Fitzgerald, James - Variance - Sylvan Terrace MOTION: by Mr. Frizelle to grant the variance as requested. SECOND: by Mr. Nickerson VOTE : Unanimous - motion carries Hetherington, James - Variance - Annis Street MOTION: by Mr. Frizelle to grant the petition as requested. SECOND: by Mr. Soule Motion and second withdrawn MOTION: by Mr. Soule to grant the variance for the rear setback and deny the variance for the side setback, with the condition that the existing garage be razed prior to the issuance of a building permit. SECOND: by Mr. Nickerson VOTE : Unanimous - motion carries Adams, Christopher - Special Permit - 059oo4 Street MOTION: by Mr. Frizelle to grant the Special Permit as requested for the operation of a retail and wholesale bakery for the sale of imported bakery products from France. SECOND: by Mr. Soule VOTE : Unanimous - motion carries ~INU~ES - March 11, 1985 and April 8, 1985 MOTION: by Mr. Frizelle to accept the above minutes as written. SECOND: by Mr. Soule VOTE : Unanimous - motion carries CORRESPONDENCE Letters from the State DPW and the Board of Selectmen regarding Route 114 were read and placed on file. A letter from Town Counsel Ralph Joyce regarding changes to the Zoning By Law following Town Meeting was read and placed on file. A letter from L. Wilson regardng the Davis and Furber mill complex was read and placed on file. The Chairman directed the secretary to forward a letter to Mrs. Wilson informing her that all parties in interest as required by law were notified prior to the public hearing she referenced in her letter. The meeting adjourned at 10:45 p.m. Frahk/Serfo, Jr./ ~hairman Jean E. White, Secretary