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HomeMy WebLinkAbout1982-12-13December 13, 1982 Regular Meeting The BOARD OF APPEALS held a regular monthly meeting on Mond.~y evening, December 13, 1982 at 7:30 p.m. in the Town Office Meeting Room with the following members present and voting: Alfred E. Frizelle, Esq., Vice Chairman; Richard J. Trepanier, Esq., Clerk; William J. Sullivan; Augustine W. Nickerson; and Associate Member Maurice S. Foulds. Chairman Frank Serio, Jr. arrived late and did not sit on the public hearings. Also present was Associate Member Walter F. Soule and Building Inspector Charles Foster. PUBLIC HEARINGS Gardner, Edward and Ingunn - Variance and Special Permit Request - Wave.r]y Road The Clerk read the legal notice. Mrs. Gardner spoke and made the following points: The request is to convert an existing two family dwelling to a three family dwelling. They wish to convert the third floor attic to living quarters. The Gardner's do not live on the premises. There are six parking spaces shown on the plan as well as a two car garage. It is the petitioner's intention to put in a low income unit. They have the approval of the Community Development Department. The current tenants use the garage. Letters from the following were read and placed on file: Building Inspector (12/13/82); The Office of Community Development (12/13/82); and Mrs. Donovan (12/3/82). When asked about a hardship, Mrs. Gardner replied that they need the income from the proposed unit to renovate the property. MOTION: SECOND: VOTE : by Mr. Nickerson to take the matter under advisement. by Mr. Trepanier Unanimous - motion carries. December 13, 1982 .2- Regular Meeting Doumani, George - Variance request - Chadwick Street The Clerk read the legal notice. Atty. Andrew Shea represented the applicant. Note: the application also contain~the name of Giarrusso, the buyers of the property. Atty. Shea made the following points: - The variance is needed to secure a mortgage. - The Doumani's purchased the property in December of 1975. . No plot plan was required at that time and the Doumani's thought that the property met the requirements of the Zoning By Law. - The Doumani's have purchased a home on Raleigh Tavern Lane, and the Violation on Chadwick was discovered after they pur- chased their new home. The deck is the portion of the house in violation. It is 1.3 feet too close to the Northerly side line and 2.6 feet too close to the rear line. The bank would not allow the closing to go through without a variance. It will be a hardship to the Doumani's if the variance is not granted because they will not be able to sell the house. The deck was constructed by the builders and was thought to be conforming, so the Doumani's are innocent of this violation. No one spoke in favor or opposition to the petition and there was no correspondence. MOTION: by Mr. Trepanier to grant the variance as requested. SECOND: by Mr. Nickerson VOTE : Unanimous - motion carries. Resca, Carole Special Permit and Variance Request - Sutton St. The Clerk read the legal notice. Atty. John J. Willis, Jr., represented the applicant. Atty. Willis made the following points: ~ The Re~c~'q have owned the propert~ for some time and have made extensive repairs to it. December 13, 1982 -3- Regular Meeting Resca continued The property is located on the corner of Sutton Street and High Street. There are currently four apartments in the building and they wish to convert to five. The Office of Community Development suggested the fifth unit. The fifth unit would be in the attic. -' The only exterior change would be a shed type dormer on the rear section of the builidng on the right hand side from Sutton Street. It would not' be an eyesore. The additional parking spaces are proposed for the High Street side of the dwelling, where the present parking exists. The applicant will have to "piggy-back" a couple of parking spaces. There is also a side yard area which could be used for parking. This, however, is not the desire of the applicant because it is the yard. The variance is being requested because the property is 500 feet less than the required square footage. The location of the site on Sutton Street is an area which can sustain a high density and this specific^can support the additional unit. ~i+~ The use as developed would not adversely affect the neighborhood. The overall appearance of the property would not change and there will be no nuisance to vehicles or pedestrians. The unit will be built in conformance with the Zoning by Law. The use is in harmony with the intent and purpose of the Zoning By Law. The Zoning By Law allows up to five units. - The Office of Community Development supports the application. - The town needs rental units. - The hardship consists of the increasing cost of maintenance. - The Resca's do not reside on the premises. December 13, 1982 -4- Regular Meeting Resca continued No one spoke in favor of the petition. Speaking in opposition were: Mrs. Sheila Derby, an abutter; and Mrs. Iris Donahue. Both women are opposed to additional parking, which they stated is already a problem. Mrs. Derby stated that cars from the dwelling are parked in front of her home. In addition, trash is a constant problem since it ends up in her yard. With the increased unit, these problems will become worse. Mrs. Donahue was also opposed to the additional vehicles. She stated that the corner is very congested and the additional unit will add to the problem. Letters from the Building Inspector, dated December 13, 1982 and the Office of Community Development were read and placed on file. Mr. Arthur Resca, huSband of the applicant, told the Board that he is trying to correct the trash problem. He is aware of the problem and has asked the present tenants to correct it. In addition, they have been asked to use their own parkinq lot and avoid parking on Mrs. Derby's property. He added that since he has not heard again from Mrs. Derby, he assumed the problems had been corrected. He further stated that he had not h.eard any complaint from Mrs. Donahue until this hearing. He does not believe it is the tenants, but rather their visitors, who are causing the problem. Mr. Resca told the Board that if they so desire, he will pave the Sutton Street portion of the property to provide additional parking. Mrs. Derby cautioned the Board that the intersection is extremely dangerous. Mr. Charles Foster, Building Inspector, told the Board that he has visited the site along with several others where homeowners have applied for funds for additional dwelling units. It is his opinion that this is one of the properties where the money would be well spent. On the issue of the variance, the lot may be grandfathered in and a building permit can be issued because the lots were there prior to present zoning. It is only because the Resca's are requesting the additional dwelling unit through a Special Permit that the variance is being requested. MOTION: by Mr. Foulds to take the matter under advisement. SECOND: by Mr. Nickerson VOTE: : Unanimous ~ motion carries December 13, 1982 -5- Regular Meeting OTHER BUSINESS Note: Chairman Serio arrived at the meeting but did not chair the remainder of the meeting. Gardner, Edward - public hearin.g -.Special Permit and Variance Waverly Rd. MOTION: by Mr. Trepanier to re-open the public hearing and accept a letter from Caroline Cole and Bernard Zelitch, dated December 12, 1982 to be read and placed on file. SECOND: by Mr. Nickerson VOTE : Unanimous - motion carries The letter was read by the clerk and placed on file. Secretary's note: The letter from Caroline Cole and Bernard Zelitch apparently had been left on the meeting table prior to the start of the meeting and was not discovered until the petition was heard and taken under advisement. DECISION Forgetta, Mary - Special Sitting: MOTION: Permit and Variance Ashland Street Frizelle, Trepanier, Soule, Nickerson by Mr. Nickerson to grant the Special Permit and the variance with the condition that a minimum of eight (8) parking spaces be provided, located to the rear of the building, prior to the issuance of a building permit and the plans be revised to show the proposed parking. SECOND: by Mr. Trepanier VOTE : Unanimous motion carries. Bu_.lger A6imal Hospital Chickering Rd. A letter from Bulger Animal Hospital dated November 19, 1982 was read and placed on file. The letter described the security of the hospital after hours and has also been forwarded to the abutters and the police department. Residents of Rock Road A letter from people on Rock Road, dated December 6~ 1982, was read by the clerk. Mr. Alan Ethun, one of the residents, was present and told the Board that a dentist is practicing from his home on Rock Rd. Member Frizelle told Mr. Ethun he will have to submit a proper application followed by a public hearing before the Board will hear his testimony. - December 13, 1982 -6 Regular Meeting Discussion - plot plans Members Frizelle, Trepanier, and Vivenzio will investigate whether or not plot plans can be used for variance and special permit petitions. Minutes - November 8, 1982 MOTION: by Mr. Trepanier to accept as written. SECOND: by Mr. Nickerson VOTE : Unanimous - motion carries Chairman Serio presented a letter from Atty. Richard Asoian, dated December 13, 1982 regarding Rollins Cablevision. He is requesting a special meeting for his petition. MOTION: by Mr, Trepanier to deny the request for a special meeting and, upon receipt of the proper application, the Board will schedule the public hearing for Rollins Cablevision for their next regularly scheduled meeting, which is January 10, 1983. SECOND: by Mr. Nickerson VOTE : Unanimous - motion carries. The meeting adjourned at 9~30 p.m. Jean E. White, SeCretary i~anAlfre E. Fr~