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HomeMy WebLinkAbout1983-01-18January 18, 1983 Special Meeting The Board of Appeals held a Special Meeting on Tuesday evening, January 18, 19B3 at 7:30 p.m. in the Town Office 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~ Augustine W. Nick- erson; and Associate Members Maurice S. Foulds~ Walter F. Soule; and Raymond A. Vivenzio, Esq. DECISIONS Alan Ethun and William Lever Sitting; MOTION: SECOND: VOTE : Opposed The mo~ion fails. Parties Aggrieved - Rock Road Serio, Trepan~er, V~venzio, Soule, Foulds by Mr. Vivenzio to reverse the decision of the Building Inspector and annul the permit. by Mr. Trepanier In favor Vivenzio, Trepanier - Serio, Foulds, Soule MOTION. SECOND: VOTE : Opposed The motion fails. by Mr. Foulds to deny the applicants' request and support the Building Inspector's decision. by Mr. Soule In favor Serio, Soule, Foulds Vivenzio, Trepanier The motion and second made by Mr. Fo~lds and Mr. Soule were withdrawn. Due to the failure of the first motion made by Mr. Vivenzio, the petition is denied. Bradley, James - Party. Aggrieved - Concord, Wayne, and Os~ood Streets Sitting - Serio, Trepanier, Nickerson, Soule, Vivenzio MOTION: by Mr. Trepanier to support the decision of the Building Inspector and that there by no annullment of the Board of Appeals' decision or any annullment of the Planning Board's decision and that the building permit not be revoked. January 18, 1983 -2- Special Meeting Bradley SECOND: VOTE : continued by Mr. Soule Unanimous- motion carries Rollins Cablevision Party Aggrieved - Mills Hill Sitting Serio, Trepanier, Ni~erson, Soule, Vivenzio MOTION: by Mr. Nickerson that the Building Inspector's decision be supported. SECOND: by Mr. Vivenzio VOTE : In favor - Serio~ Trepanier, Nickerson, Vivenzio Opposed - Soule The motion carries 4 to 1. Rollins Cablevision - Special Permit - Mills Hill Sitting - Serio, Trepanier, Nickerson, Foulds, Vivenzio MOTION: by Mr. Foulds to deny the Special Permit. SECOND: by Mr. Nickerson VOTE : In favor - Nickerson, Foulds, Vivenzio Opposed - Serio, Trepanier The motion fails; therefore~ the petition is denied. Hurrell, James - Variance - Chickering Road Sitting - Serio, Trepanier, Nickerson, Soule, Vivenzio A letter from the Police Chief was read and placed on file. MOTION: by Mr. Trepanier to grant the variance as requested with the condition that the plans be revised to show the re- moval of the stairwell from the rear of the proposed addition and that the parking area be as shown on the plan and that it be paved parking in all areas as in- dicated on the plan. SECOND: by Mr. Soule VOTE : Unanimous - motion carries. January 18, 1983 -3- Special Meeting Gardner, Edward Sitting MOTION: SECOND: VOTE : Variance and Sp.ecial Permit Waverley Road Frizelle, Trepanier, Sullivan, Nickerson, Foulds by Mr. Trepanier to grant the petition as requested with the condition that the p~rking spaces be in accordance with the Zoning By Law for size and that there be a minimum of six (6) parking spaces as shown on the plan. by Mr. Foulds Unanimous motion carries. Resca, Carole Variance and Special Permit Sutton Street Sitting - Frizelle, Trepanier, Sullivan~ Nickerson, Foulds MOTION: by Mr. Nickerson to deny the request for a variance and Special Permit. SECOND: by Mr. Sullivan VOTE : Unanimous motion carries. OTHER BUSINESS For9etta, Mary - Submittal of revised plans - Ashland Street Sitting Frizelle, Trepanier, Nickerson, Soule The Board reviewed the decision and the revised plans. The Board instructed the applicant to revise the plans again to show the parking in the rear of the dwelling. Revised plan reqMirements A committee of three members A1 Frizelle, Dick Trepanier, and Ray Vivenzio was formed to study the possibility of revising the Board's requirements for plans to allow plot plans in the future. The committee will submit their recommendations at the February 14, 1983 meeting. The meeting adjourned at 10:30 p.m. Secretary Chai rm~Fn / February 14, 1983 Regular Meeting The Board of Appeals held a regular monthly meeting on Monday evening, February 14, 1983 at 7:30 p.m. in the Town Office Meeting Room. The following members were present and voting: Frank Serio, Jr., Chairman; Alfred E. Frizelle, Esq., Vice Chairman; Richard J. Trepanier, Esq., Clerk;. Augustine W. Nickerson; and Walter F. Soule. Building Inspector Charles Foster was also present. PUBLIC HEARINGS E.P.R. Realty T~us% - Variance - Elmwood Street The Clerk read the legal notice. Atty. Domenic Scalise was present for the applicant and made the following points: - The trustee, Mr. Gene Rosinski, was also present. The request for a variance is based on the fact that the appli- cant owns a parcel of land on Elmwood Street which abuts the property on which his business is located. - When he purchased the original building from Webber, the lot in question was part of the purchase. - The applicant would like to construct a dwelling on the lot. - The land around it is all developed so he cannot buy any property. - He is seeking a variance for area, frontage, and setbacks. Some of the people in the area have combined lots to create larger lots, but most of the dwellings are in the area of 50' x 100'. - The applicant proposes to live in the dwelling. - He is interested in the town and this new dwelling will bring in added taxes. - The neighbors are in favor of the petition and offered to submit a letter if necessary. - The request is for a single family dwelling. - The granting of the variance would not derogate from the intent and purpose of the Zoning By Law and there are many two family dwellings in the area. February 14, 1983 -2~ Regular Meeting E.P.R. - continued - It would bring the applicant closer to his business. - There are utility easements on the lot which service the applicant's business. The dwelling would not be near them. No one spoke in favor of the petition and a letter from the Building Inspector dated February 14, 1983 was read and placed on file. No one spoke in opposition to the petition. MOTION: by Mr. Nickerson to take the matter under advisement. SECOND: by Mr. Trepanier VOTE : Unanimous - motion carries. ~ou~rley, Russell - Variance - Turnpike Street The Clerk read the legal notice. Mr..Gourley was present along with his architect. Mr. Gourley made the following points: - They have been searching for a parcel of land for 15 months. - This is for the Girl Scouts of America for the entire area. The application was submitted with a floor plan which is a rough proposal. - They wish to make a presentation of how they would like to use the land. Mr. Patrick Hickox, the architect, made the following points: - The proposal amounts to a total of 6,000 s.f. with an additional 20% for future expansion. - They have no problems with most of the boundaries, except for the front. - A one story builidng is being proposed. - They will try to soften the impact with a lawn in front of the building. - They propose to leave another portion on the side with a stone fence. - The building has a gable roof structure. February 14, 1983 -3- Regular Meeting G__ourley- continued - The parking lot will be landscaped. - There is a loading dock, which will not be used much. - The septic is O.K. There is a rear setback variance on record. They cannot use that variance only because they need a handicapped access. There will be approximately 12 to 15 feet between the parking lot and Route 114. - There is an existing drainage easement on the site. - There are 41 parking spaces being proposed. - The original variance was for an office building. The Building Inspector questioned the original variance (whether or not it is still in effect) because construction did not occur in a year. Mr. Gourley spoke again and made the following points: - They are asking for front setback, rear setback, side setback, and possibly an area variance. They are not sure if the area and rear and side setbacks are grandfathered with the original variance. No one spoke in favor or opposition to the petition and there were no letters to be read. The Building Inspector raised some questions at this point. They were: 1. Mr. Gourley is n)t the owner of the parcel - the Whipple's are. 2. He is concerned ~hat after the variance is granted, they will not construct th building. 3. The plans are nc t acceptable to the Registry of Deeds. 4. He advised the £oard not to vote of this petition until the correct plans axe submitted. In addition, he advised that if the Board does render a decision, that decision not be placed on record with the Town Clerk until the plans are received. In response, Mr. Go~rley said that he has an option on the property; that he has no problem with a condition of approval that only the Girl Scouts can bui d on the site; and that an acceptable plan will be submitted as as possible. February 14, 1983 -4- Regular Meeting Gourley - continued by Mr. Frizelle to take the matter under advisment. MOTION: SECOND: VOTE : by Mr Trepanier Unanimous - motion carries. Forget, Robert - Variance - Salem Street The Clerk read the legal notice. Atty. Philip Arsenault was present for the applicant and made the following points: The locus is a triangle at Dale, Marbleridge, and Salem Streets. - There is a house occupied by Mr. and Mrs. Forget that is on a septic system. - The town installed sewer along Marbleridge Road and assessed the Forget's $5,000.00 for the frontage. - They have decided that it would be feasible to construct a sewer to connect with Marbleridge Road. - The reason for the variance is that there is a stream which is a tributary to Lake Cochichewick which crosses down through the heart of the triangle, until it approaches Marbleridge Road and then it jogs off and crosses Dale Street. - In addition to servicing their own structure, they would like to develop the land and provide sewer access to the new dwellings. - It does not involve vegetation within 25 feet of the stream at first, but further down it dogs. - There is approximately 80 feet during which time the sewer lies within the area. The hardship is in the original assessment of the sewer. Also, Mr. Forget has spent $4,000.00 on engineering fees. When the project began, the engineer determined that the first step should be with the Conservation commission. The Con. Com. made an extensive study and they imposed a variety of conditions to their approval. The next step was with the Planning Board~ who made certain changes to the plan, resulting in the need for the applicant to go back to the Con. Com. The Planning Board determined that if Section 4.133 Par. 3 c of the Zoning By Law is to be varied, a varaince from the Board of Appeals is necessary. February 14, 1983 Regular Meeting Forget - continued - The main purpose of this petition is to construct the sewer. - The septic system is not as adequate as a sewer. - The construction which is proposed is consistent with the town's Master Plan and will be done to the same specifications as the town ' s. The granting of the variance will not be detrimental to the neighborhood. The construction phase is the critical one, but the land will be restored. Mr. Charles Foster, Building Inspector, added the following: - The town has had a Master Plan to service the area and this proposal ties in with that plan. However, this particular sewer system will probably not serve any other area than this parcel. No one spoke in favor of the petition. A letter from the Building Inspector dated February 14, 1983 was read and placed on file. Speaking in opposition were: Mr. Rene Fugere, Mr. Olenio, and Mary Stork Hart. Member Trepanier stated that he would like to see the alternatives, if any, presented to the Board. MOTION: by Mr. Frizelle to ~ontinue the public hearing until the Board's next meeting. SECOND: by Mr. Trepanier VOTE : Unanimous - motion carries. OTHER BUSINESS Mills Hill - Report from Building Inspector The Building Inspector reported that because of the snow, he has been unable to inspect the possible violation of towers and equip- ment being used on the hill illegally. He will report at the next meeting. Ventura, Thomas- Report from Building Inspector - Ashland St. The Clerk read a letter from the B~ilding Inspector dated 2/10/83. He stated that it does not appear that there are eight parking February 14, 1983 -6- Regular Meeting Ventura - continued spaces unless the driveway is used. He told the owner to submit a new plan to the Board. Re-Organization Mr. Frizelle nominated Mr. Serio for Chairman and Mr. Trepanier seconded the nomination. The vote was unanimous in favor of the nomination. Mr. Trepanier nominated Mr. Frizelle for Vice Chairman and Mr. Nickerson seconded the nomination. The vote was unanimous in favor of the nomination. Mr. Frizelle nominated Mr. Trepanier for Clerk and Mr. Nickerson seconded the nomination. The vote was unanimous in favor of the nomination. All members accepted the nominations. Minutes - December 13, 1982 MOTION: by Mr. Nickerson to accept as written. SECOND: by Mr. Trepanier VOTE : Unanimous - motion carries. Plan Requirements - Report from Committee The Committee submitted the proposed amendment to the Rules and Regulations regarding plan requirements and the proposal to allow plot plans for certain variance requests. The Board will vote on the amendment at their next meeting. DECISIONS E.P.R. Realty - Variance - Elmwood St. MOT ION: SECOND: VOTE : by Mr. Frizelle to grant the variance as requested. by Mr. Soule Unanimous - motion carries. February 14, 1983 -7- Regular Meeting Decisions - continued Gourley, Russell - Variance - Turnpike St. MOTION: by Mr. Frizelle to grant the variance subject to the following conditions: 1. That the variance is limited solely to construction by or on behalf of the Girl Scouts Council (Spar and Spindle)~ 2. That there be 41 parking spaces; 3. That the plan be revised in accordance with the Board's requirements for signature and submitted no later than February 23, 1983. Otherwise, the Board's decision will not be filed with the Town Clerk. SECOND: by Mr. Trepanier VOTE : Unanimous - motion carries. The meeting adjourned at 10:00 p.m. C h~ i~3~(a n Secretary k