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HomeMy WebLinkAbout1984-02-02February 2, 1984 Special Meetin~ The Board of Appeals held a.S~ecial Meeting on Thursday eVening, February 2, 1984 at 7:30 p.m. in the Selectmen's 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 Augustine W. Nickerson. Associate Member Walter F. Soule was present. Building Inspector Charles Foster was present. DECISION Crotty, Mark - Party Aggrieved - Court Street Chairman Serio summarized the petition for the Board. The Building Inspector's opinion dated 11/30/83 was read again. Also, a letter from Mr. Crotty and others dated 11/24/83 was read. The letter dealt with: 1. 2. 3. A building on a lot which is not allowed. (petitioner's opinion) There is a rear setback violation. There is 35 feet on Court Street which is unresolved. The Building Inspector's opinion was: 1. It is an addition to an existing dwelling and two family dwellings are allowed. 2. It has been a long standing policy to those involved in zoning that two family dwellings are allowed in the R-4 district as long as they are attached in some manner. 3. There is no violation of area or frontage requirements because the addition meets all the setbacks because the two lots were combined by deed. 4. There are surveyor's plans in existence. The Board reviewed the certified plot plan which the Building In- spector provided. The Board felt that the 35 disputed feet on Court Street must be settled in an appropriate court. February 2, 1984 -2- Special ~.~eeting Crotty - continued MOTION: SECOND: VOTE : by Mr. Frizelle that the Building Inspector properly interpreted the Zoning By Law under the provisions of the By Law. A two family dwelling is an allowed use. The definition of a building in Section 2.36 and of a dwelling in Section 2.34 are broad and the building in question falls within this broad definition, since it is or will be, pursuant to the building permit, be connected by a foundation. A certified plan by Cyr Engineering shows that the building meets the frontage and setback requirements of the Zoning By Law and for those reasons, the Building Inspector's decision was proper and is upheld. by Mr. Trepanier In favor - 4 (Serio, Frizelle, Trepanier, Nickerson) Abstain - 1 .(Sullivan) Motion carries - petition denied. SIGN PLANS The members signed the plans for McConaghy and Towle. Western Electric's plan was returned to the applicant for the addition of a signature block. WNEV-TV - Discussion Members Serio, Frizelle, Trepanier, Sullivan and Soule discussed the petition. They reviewed the Farnum petition of 1982. A question was raised as to whether or not the Farnum's even had to come before the Board. The Board will render a decision at the next regular meeting. Watson/Follansbee - Earth Removal Permit - Change..name on bankbook The Board prepared a letter to the Arlington Trust Bank. MOTION: SECOND: VOTE : by Mr. Frizelle to authorize the t~ansfer. by Hr. Trepanier Unanimous - motion carries. Redman~ Nancy - Correspondence - Elm Street A letter from Mrs. Redman dated 1/1/84 was read. The Board in- structed the secretary to forward a letter to Mrs. Red/nan stating that in order to re-petition the Board of Appeals, she must obtain permission from the Planning Board. February 2, 1984 -3- Special Meeting Redman - continued The letter should state that according to the law, she will have to meet the requirements. MOTION: SECOND: VOTE : Unanimous - motion carries. The meeting adjourned at 9:45 p.m. F~ank~eri°, Jr~ Chairman by Mr. Sullivan to accept ~rs. Redman's letter. by ~r. Trepanier Jean E. White, Secretary