HomeMy WebLinkAbout1983-10-17October 17, 1983
Re§ular Meeting
The BOARD OF APPEALS held a regular monthly meeting on Monday
evening, October 17, 1983 in the Town Office Meeting Room with
the following members present and voting: Frank Serio, Jr.,
Chairman; Alfred E. Frizelle, Esq., Vice Chairman; Richard J.
Trepanier, Esq., Clerk; William J. Sullivan; and Au§ustine W.
Nickerson. Associate Members Walter F. Soule and ~aurice S.
Foulds were present for rendering decisions and Building In-
spector Charles Foster was present.
Letarte, Richard - Variance - Os~ood Street
Chairman Serio informed the Board and the audience that Mr.
Letarte has requested that his petition be withdrawn without
prejudice. A letter from Mr. Letarte was read and filed.
MOTION: by Mr. Frizelle to allow the petitioner, Mr. Richard
Letarte, to withdraw his petition without prejudice.
SECOND: by Mr. Trepanier
VOTE : Unanimous - motion carries.
PUBLIC HEARING
Lon~, Kenneth - Special Permit Mar~.ate Road
The Clerk read the legal notice.
Attorney John J. Willis, Jr. was present for the petitioner and
made the following presentation:
The petitioner is seeking a Special Permit under Section 7,
Par. 7.8 (2) under the Exceptions in the R-4 zoning district.
The property is located in the R-4 district and the Zoning By
Law allows by Special Permit the creation of 10,000 square
foot lots with 100 feet of frontage if they adjoin each other
and existed prior to 1957.
The original subdivision of this area is under Plan No. 691
recorded at the Registry of Deeds in 1909.
Mr. Long's property was received by deed in 1965. He was
deeded four (4) lots of land on the plan with a description
showing the whole of the property deeded to him.
Mr. Long's home is on Margate Road. He would like to break
off the vacant property which fronts on Halifax Street.
At the present time, the area has a small entry on Halifax St.
The proposed purchaser will construct an access/egress way
on to the street.
October 17, 1983
-2-
Regular Meeting
Long continued
The roadway when finished will be less of a grade than Margate
Road.
He is proposing to construct a single family home.
There will be a leaching field which the Board of Health must
approve.
The use is in harmony with the general purpose and intent of
the ZBL.
All of the requirements have been met.
No one spoke in favor or opposition to the petition.
Mr. Jack Sutton, abutter, asked if the roadway will be 40 feet.
Atty. Willis responded that it is owned to the center by the abutting
land owner. It can be used for access/egress. The buyer intends
to put a driveway to the property. The trees will be cleared.
Mr. James Zahoruiko, the proposed purchaser, added that it will be
wide enough for two cars.
Building Inspector Foster said that it is a 40 foot right-of-way
for access/egress.
Atty. Willis added that they have a right to gain access to the
proposed house and Mr. Zahoruiko added that he will not pave it
yet, but hopes to some day.
Mrs. Margaret Su%ton added that when it rains, it tears it out.
The top half of the road will have to be fixed.
Mr. Zahoruiko said that the town might come in and oil it to make
it better.
MOTION: by Mr. Frizelle to take the petition under advisement.
SECOND: by Mr. Trepanier
VOTE : Unanimous - motion carries,
DECISIONS
Gustus, Leonard - Variance - Turnpike St.
Sitting: Serio, Frizelle, Trepanier, Soule, Foulds
MOTION: by Mr. Foulds to grant the variance with the condition
that the sign be limited to 3' x 5' and that it be lit
from within in line with the light poles and on the
October 17, 1983 -3- Regular Meeting
Gustus - decision - continued
petitioner's property not to extend over the property
line.
SECOND: by Mr. Frizelle
VOTE : Unanimous - motion carries
Bulmer Animal Hospital- Variance - Chickerin~ Road
Sitting: Serio, Frizelle, Trepanier, Soule, Foulds
MOTION: by Mr. Frizelle to grant the variance from the 10 foot
setback requirement of Section 6 subject to the condition
that the sign post be placed on the petitioner's property
and that the sign must hang over the petitioner's property
and no part will hang over State property.
SECOND: by Mr. Trepanier
VOTE : Unanimous - motion carries.
Elander, Frank Variance Chestnut St.
Sitting: Serio, Frizelle, Tre~anier, Soule, Foulds
MOTION: by Mr. Trepanier to grant the variance as requested.
SECOND: by Mr. Soule
VOTE : Unanimous - motion carries
Dusha.me, Frank - Variance - Lexington St.
Sitting: Serio, Frizelle, Trepanier, Soule, Foulds
MOTION: by Mr. Frizelle to grant the variance as requ~sted.
SECOND: by Mr. Foulds
VOTE : Unanimous motion carries.
Long, Keinneth - Special Permit Margate Rd.
Sitting:l Serio, Frizelle, Trepanier, Sullivan, Nicker;on
MOTION: by Hr. Frizelle to grant the Special Permit a requested.
SECOND: by Mr. Trepanier
VOTE : Unanimous - motion carries.
Dushame, Frank Variance - Lexington St.
MOTION: by Mr. Frizelle to reconsider the Dushame dec sion.
October 17, 1983
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Regular l.leeting
SECOND:
VOTE :
MOTION:
SECOND:
VOTE :
The meeting adjourned at 9:00 p.m.
by Mr. Trepanier
Unanimous - motion carries.
by Mr. Frizelle to grant the variance as requested subject
to the condition that only ~ single family dwelling be
constructed on Lot B (the 8,000 s.f. lot).
by Mr. Trepanier
Unanimous
Secretary