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HomeMy WebLinkAbout1981-09-15September 15, 1981 Regular Meeting The BOARD OF APPEALS held a regular monthly meeting on Tuesday evening, September 15, 1981 in the Town Office Meeting Room with the following members present and votimg: Frank Serio, Jr., Chair- man; Alfred E. Frizelle, Esq., Vice-Chairman; Richard J. Trepanier, Esq., Clerk; William J. Sullivan; and Au§ustine W. Nickerson. Also present were Associate Members Walter F. Soule; Maurice S. Foulds; and Raymond A. Vive~zio, Esq. PUBLIC HEARINGS Callahan, Steven Variance Appleton Street Sitting: Serio, Sullivan, Nickersom, Vivenzio, Soule The legal notice was read. Atty. John McGarry was present representing Mr. and Mrs. Callahan. Major points by Atty. McGarry: - Mr. Callahan was here in July for a variance which was denied by the Board. - Significant changes have occured since that time. - The request is to have a pool located beyond the front line of the dwelling on Appleton Street. There is no other location for Mr. Callahan to place the pool due to the shape and location and the soil conditions. - The pool is 64 feet back from the street. Mr. Callahan has had test holes done to conf~rm this since the Board's last decision. - The house is located in a very wet area and required a double foundation. He is requesting a variance from the Zoning By Law which re- quires a pool to be set back from the front line of the house. The house is 78 feet from the road. The granting of the variance would in no way derogate from the intent of the Zoning By Law. - The pool is set back twice the requirement in the zone. - The only problem is that it is 14 feet in front of where it should be. September 15, lgB1 -2- Regular Meeting Callahan continued Mr. Steven Callahan was present and told the Board that when the "Stop Work Order" was issued by the Building InsPector's agent, it was not relayed to the contractor and an unfortunate series of mistakes followed. After the pool was constructed, Mr. Callahan asked the Building Inspector what to do and was told to install a fence and have the wiring inspected. The pool has been filled to prevent a cave-in. Member Vivenzio asked if any engineering data is available to support Mr. Callahan's previous claims about the land and Atty. McGarry replied - "No, but it can be supplied if the Board so requests." No one spoke in favor or opposition to the petition. MOTION: by Mr. Vivenzio to take under advisement. SECOND: by Mr~ Nickerson VOTE : Unanimous - motion carries. Wi.ng, Richard - Variance - Stonecleave Road Sitting: Serio, Frizelle, Trepanier, Sullivan, Nickerson The Clerk read the legal notice. Atty. Peter Slipp was present for the applicant and made the following points: - There is a 4½ foot violation on the side yard. - The bank plot plan revealed the set back deficiency. - The Wing's are in the process of selling the house and a plot plan was not required when they purchased it. - The closing is being held up because of the violation. No one spoke in favor or opposition to the petition, Member Sullivan asked about a land swap and Atty. Slipp replied that it is'not possible. MOTION: by Mr. Frizelle to take under advisement. SECOND: by Mr. Trepanier VOTE : Unanimous - motion carries. September 15, 1981 ~3- Regular Meeting Public Hearin__gs.~- continued Jones.~ 'Richard - Variance - Grosvenor Avenue Sitting: Serio, Frizelle, Trepanier, Sullivan, Nickerson The Clerk read the legal notice. Mr. Jones was present and made the following points: - A variance from the set back requirement is needed. - A recent plot plan required for ~he sale of the house re- vealed the violation. ~ The house was built in 1957 and he is the original owner. No plot plan was required when the house was constructed, The set-back requirement at the time of construction was 30 feet, but because of a long driveway, the house is only 26 feet back. No one spoke in favor or opposition to the petition. MOTION: SECOND: VOTE: by Mr. Frizelle to take under advisement. by Mr. Sullivan Unanimous - motion carries. Rock, Alice V_~a_riance - Woodbridge Road Sitting: Serio, Frizelle, Trepanier, Sullivan, Nicker$on The Clerk read the legal notice. Atty. Charles Trombly was present for the petitioner and made the following points: The Rock's built the house around 1956 on a triangular lot. It has recently been discovered that the garage was constructed 5 feet from the lot line. - The error was discovered when Mrs. Rock attempted to sell the property. - The closing is being held up by this violation. - To remove the garage would be a financial and physical hardship. September 15, 1981 -4- Regular Meeting Rock - continued The pool was constructed when building permits were not required and the petitioner is also requesting a variance for the pool. Speaking in favor were Timothy Rock and Chris Rock, sons of the petitioner. No one spoke in opposition. MOTION: by Mr. Frizelle to take under advisement. SECOND: by Mr. Trepanier VOTE : Unanimous - motion carries. OTHER BUSINESS Scott Follansbee - Earth Removal Permit - Sharpner's Pond Rd. Member Frizelle gave a history to the other members on this petition. The Board wants a new bankbook and new assignment. MOTION: by Mr. Sullivan to send an official notification to the Town Treasurer with copies to the Town Accountant and the Board of Selectmen notifyinm them of what has happened and asking for an e×planat~on so that they may take whatever actions are necessary in the best interests of the town. SECOND: by Mr, Trepanier VOTE : Unanimous - motion carries. Secretary to find out why monies were withdrawn several years ago. Haphey, Kenneth - Request for an extension of a variance - Great Pond Road Member Vivenzio referred to M.G.L. Section 10, Chapter 48, which states that the petitioner must apply again for a new hearing.. Secretary to notify the applicant. DECISIONS Rock - Woodbridge Road MOTION~ SECOND: VOTE by Mr. Frizelle to grant the variance, by Mr. Trepanier Unanimous ~ motion carries. September 15, 1981 -5- Regular Meeting Decisions - continued Jones Grosvenor Avenue MOTION: by Mr. Frizelle that the variance be granted as requested. SECOND: by Mr. Trepanier VOTE : Unanimous - motion carries. Wing - Stonecleave Road MOTION: by Mr. Frizelle to grant the variance with the condition that the plans be submitted for signature. SECOND: by Mr. Trepanier VOTE : Unanimous motion carries. Callahan A~pleton Street MOTION: by Mr. Vivenzio to deny the variance as requested on the basis tha~ there are no material and specific changes in the conditions upon which the previous unfavorable action was based. SECOND: by Mr. Sullivan VOTE : Unanimous motion carries Next meeting set t:or (]ctober 13, 1981. The meeting adjourned at 9;30 p.m. / Frank Ser~o, dry} Chairman Jean E. White,Secretary