HomeMy WebLinkAbout1981-02-09Febru~,z~ ~, 1981
Regulaz, Meeting
The Board of Appeals held a regular monthly meeting on Monday evening, February 9,
7981 at 7:30 p.m. in the Town Office Meeting Room with the following members
present and voting: Frank Serio, Jr., Chaimnan; Alfred E. Frizelle, Esq., Vice-
Chairman; Richar~ J. Trepanier, Esq., Clerk; Augusting Nickersen; and Walter F.
Soule. Associate Members Maurice Foulds and P~ymo~d Mivenzio, Esq., were also
pre sent.
...PUBLIC N~ARINGS
H~ddow, Mar~ - Variance request to divide property on Marblehead ~reet
The Clerk read the legml notice.
Attorney Stephen Duly represented the applicant, who is requesting a variance
from Section 7, Paragraphs 7.1, 7.2, 7.3 and Table 2 in order to divide her
property on Marblehead Street, which currently consists of two dwellings and
a garage on one lot. The occupants of the two houses must share a driveway.
Attorney Duly gave a history of the land and buildings, noting that the houses
were constructed in approximately 1863, prior to zoning. Mrs. Haddow bought
the property in 1946. He further stated Shat around 1924, this was two parcels
of land, and then came together with her o~nership in 1946. The tax collector
and assessors records show the property with two separate parcels.
Attorney Duly cited a hardship which runs with the land based on its historical
background. Mrs. H~ddow wishes to convey the dwellings to two children, with
the driveway being shared. The lo~ next door has a very similar situation, ie,
two dwellings with the garage in the center.
He further stated that the granting of the variance will not derogate from the
intent of the By-~aw - they are seeking to revert back to two parcels, and the
variance i.~ needed because the area, frontage, and set-back requirements will
not be met. The proposed lot line will run down the center of the drive~my with
common useage and an easement will be recorded with the Registry of Deeds.
Speaking in favor of the request was Leonard W. White, grandson of the applicant.
He wishes to see his grandmother's wish carried out and stated that because of
her age (81) and the fact that her health has not been good lately, she wants
to deed her houses to her two daughters thereby relieving herself of the responsi-
bilities of maintaining them.
No one spoke in opposition.
A letter from the Planning Board recommending favorable action was read.
Upon a motion made by Mr. Frizelle and seconded by Mr. Soule, it was voted
unanimously to take the m~tter under advisement.
February 9, 1981 -2- Regular meeting.
Freda, Angelo - variance request on Foxhill Road - chimney too close to lot line
The Clerk read the legal notice.
Mr. Freda was present at the hearing. He is seeking a variance from Section
7, Paragraph 7.3 of the Zoning By-Law because a chimney was constructed on
his foundation too otose to the lot line.
Mr. Fred~ told the Bo~rd that it was not his intent to place the chimney in
violation. He purchased a house lot on Foxhill Road and h~d the foundation
laid in haste in an effort to beat the cold weather. He then wen2 on vacation
and came home to learn that the chimney was placed too close to the side lot
1 ine.
He lh~rther stated that it would create a financial hardship for him if he has
to move the foundation.
Letters from the Building Inspector, who referred Mr. Freda to the Board of
Appeals after informing him that the chimney location must be 20 feet from the
side lot line and ~he Planning Board, who recommended favorable action, were read.
No one spoke in favor or opposition to the request.
Upon a motion m~de by Mr.~ Frizelle and seconded by Mr. Trepanier, it was voted
unanimously to take the m~tter under advisement.
DECISIVE
Haddow
Mot i on:
Second:
Vet e:
Motion:
Second:
Vote:
by Mr. l~rizelle to grant the variance as requested.
by Mr. Niokerson
Unanimous in favor of the motion
by Mr. Frizelle to grant the variance am requested
by Mr. Soule
Unanimous in favor of the motion.
OTHER BUSINESS
correpsgnden~e - Town Counsel
The Clerk read a letter from Town Counsel, d~ted January 22~ 1981,a per, ion
of which replied to the Board's request for a rmling on whether they can
incorporate a filing fee without a vote at Town Neeting. Town Counsel's
opinion is that the Board can initiate the fee on their own and reoonmmended
a $50.00 fee. After discussion, the Board felt that the $50.00 recommendation
was high because the petitioner already pays for the legal ads (approximately $35.00)
and the postage necessary for the petition.
r
~ebr~,ryg~ 198~
Regular meeting.
Upon a motion made by Mr. Frizelle and secanded by Mr. Soule~ it was voted
unanimously to amend the Rules and Regulations of the Board of Appeals by
adding to Article II, Sec. 1Applicatio~ Fom the following subsection:
"1 (a) Every application shall be submitted with an application charge cost
in the amount of $25.00. In addition, the petitioner shall be responsible
for any and all costs involved in bringing the petition before the Board.
Such costs shall include m~iling and publication, but are not necessarily
limited to these."
Note:
The To~n Clerk was notified of this amendment to the Rules and Regulations
on February 11, 1981. In addition, the Board of Appeals Applica$ion Form
as well as the Rules and Regulations booklet now contain this change.
MINUTES - December 8, 1980 and January 12, 1981 - Accepted ms written.
The meeting adjourned at 8:30 p.m.
Jean E. White, Secretary