HomeMy WebLinkAbout1981-04-08April 8, 1981 - Wednesday
Regular Meeting
The BOARD OF APPEALS held their regular monthly meeting on Wednesday evening,
April 8, 1981 at 7:30 p.m. in the Town Office Meeting Room. The meeting was
changed from Monday to Wednesday this month to accomodate some of the members
who were unable ~o meet o~ Monday. The following members of the Board were
present and voting: Prank Serio, Jr., Chairman; Alfred E. Frizelle, Esq.,
Vice-Chairman; Augustine W. Nickerson; William J. Sullivan (who arrived
late); and Associate Members Wal~er F. Soule; Maurice S. Poulds; and
Ra~vmond A. Vivenzio, Esq.
PUBLIC HEARINGS
DONAHUE, JOHN - Moody Street ~ Variance request for addition
Mr. Nickerson abstained from this hearing because he is an abutter.
Sitting - Serio, Frizelle, Soule, Foulds, Vivenzio
Mr. Vivenzio read the legal notice. Mr. Donahue was present and told the
Board that he wants to add to his small home on Moody Street to create
more living space. He has two small children of opposite sex and needs
the extra space.
He is seeking a variance of approximately three feet from %he property
line.
Member Vivenzio pointed out that the plan shows a proposed garage and the
applicant is talking about a family room. Mr. Donahue replied that it is
both - the connecting part on the plan will be used as a family room, and
he showed this to the Board on the plan.
No one spoke either in favor or oppos~ion at the hearing.
Member Vivenzio read a letter from the Planning Board recommending favorable
action on this request.
Member Soule asked Mr. Donahue if it would have been difficult to meet the
set back requirements by placing the addition somewhere else. The applicant
replied that he has tried, but due to the design of the house, he feels that
the addition will look better as shown on the plan.
Motion: by Mr. Frizelle to take the matter under advisement.
Second: by Mr. Vivenzio
Vote : Unanimous in favor of the motion.
_C!3_TLER, LAURt~CE - Bridle Path - Variance req~est for addition
Sitting - Serio, Prizelle, Sullivan, Nickerson, Vivenzio
April 8, 1981 -2- Regular Meeting
Member Vivenzio read the legal notice.
The applicant, Dr. Laurence Cutler, was present and told the Board he
wants to increase his living space. Because of a drainage easement in
the front of the property, the addition must be placed on the side. In
addition tQ the easement in the front, there are wetlands on the other
side and a septic system in the rear. He stated that from the architects
point of view, this is the best placement for the addition.
No one spoke in favor or opposition at the hearing.
Member Vivenzio read a letter from the Planning Board giving No Recommendation.
Member Sullivan asked the applicant if any attempt has been made to purchase
adjacent land, and Dr. Culter's wife answered "Yes, but the neighbor will
not sell."
Motion: by Mr. Frizelle to t~ake the matter under advisement.
Second: by Mr. Vivencio
Vote: Unanimous in favor of the motion.
~IARDIELLO, _R~_..LPH - Division of land on Main Street
Continued from previous meeting.
Sitting - Serio, Frizelle, Sullivan, Soule
Attorney Jay Willis again represented the applicant and presented a revised
plan, showing a right-of-way to the rear of the property on the plan. He
told the Board thai he c~2~Luot find a deed making reference to the passageway.
In further discussion, the Board asked Attorney Willis if it would conflict
with anything on record if the decision said that Lot lB must have rights to
the passageway and Willis replied '~o',.
Member Sullivan added that the original deed should be made part of the record.
Attorney Willis suggested making this a condition of approval in the event the
original deed is not located.
Motion: by Mr. Frizelle that the variance as requested by granted, subject to
the conditions that access to Lob lB to run with the l~nd for the
entire 23' length of the road over the 12' passageway as shown on the
plan and that it be duly recorded with the plan.
Second: by Fir. Sullivan
Vote : Unanimous (4 voting members) in favor of the motion.
April 8, 1981 -3- Regular ~.?eeting
DECISIONS
Dpnahue, John - Moody Street
In discussion, the point was raised by Member Foulds that the petitioner
asked for a side set-back only, when in fact he needed ~ front-set back
variance too acoordin~ $o the pi_an. Member Vivenzio referred to the legal
notice and told the Board it says "to permit the construction of a family
room/g~raEe with less than the recruited set back." Member Frizelle said
that it is O.K. because Section 7.3 covers all set-backs.
~otion: by Mr. Frizelle to grani the va~riance from Section 7.3 for a side
~nd front set-back as sho~n on the plan.
Second: by M~. Foulds
Vote : Unanimous in favor of the motion.
Cutl~.r,...Laurenc~x B~id.~e. path
In discussing t~m request, Member Sullivan reminded the Board that on the
ad~acen~ lot, they denied a variance for one foot and the petitioner had
to change the lot line. The proposal before them now is to come ~5' from
the side lot line, rather than the required 30'. He would like to view the
property before making a decision.
Member Serio spoke strongly in favor of granting the variance, stating that
there is nothing on the side where the addition would be placed that would
be adversely affected.
~4r. Frizelle said that the Curler's did not show what kind of addition they
intended to build, and Member Soule added that when you have a septic system
in a wet area, it could alter the system, and putting in a 20' foundation
could be trouble!
Member Sullivan also pointed out that the Curler's did not show a hardship
when they presented their case to the Board. The Board dscided to continue
the discussion and make their decision next week when they meet for the
elderly proposal on Waverly Road.
The minutes of March 9, 1981 were accepted and the meeting adjourned at
~:00 p.m.
Jean E. White, Secretary