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HomeMy WebLinkAbout1983-05-09May 9, 1983 Regular Meeting The Board of Appeals held a regular monthly m~eting on Monday evening, May 9, 1983 in the Town Office Meeting Room with the following members present and voting: Frank Serio, Jr., Chair- man; Alfred E. Frizelle, Esq., Vice Chairman; Richard J. Tre- panier, Esq., Clerk; William J. Sullivan; Augustine W. Nick- erson; and Associate Members Walter F. Soule and Raymond A. Vivenzio, Esq. Building Inspector Charles Foster was also present. PUBLIC HEARINGS Rea, Gilbert - Special Permit - Renew Earth Removal Permit - Rea and Chestnut Streets The Clerk read the legal notice. Sitting: Serio, Frizelle, Trepanier, Nickerson, vivenzio Mr. Rea was present and stated that the operation has not changed in the past year. A discussion followed concerning the amount of the bond, which is presently $10,000.00. The Board discussed increasing the bond to $20,000.00, but decided that the $10,000.00 seems sufficient. Mr. Jack Carter, 300 CheStnut Street, spoke in favor of the petition. No one spoke in opposition. MOTION: by Mr. Frizelle to grant the Special Permit and renew the Earth Removal Permit for one year. SECOND: by Mr. Trepanier VOTE : Unanimous - motion carries. Christou, Anne Marie - Variance - Adams Avenue The Clerk read the legal notice. Sitting: Serio, Frizelle, Trepanier, Nickerson, Vivenzio Attorney George Stella was present for the applicant and made the following presentation: - Mrs. Christou recently purchased the property and the plot plan required by the bank revealed a violation. - There is a porch which does not meet the setback requirements of the Zoning By Law. May 9, 1983 -2- Regular Meeting Christou - continued The dwelling is a two-family and the porch is necessary as a fire exit from the second floor. A letter from the Building Inspector dated May 9, 1983 was read and placed on file. No one spoke in favor or opposition to the petition. Mr. Andrew Donahue, a neighbor, raised the question of the affect this porch has on his property and asked if the stairs could be removed. Building Inspector Foster responded that the porch has existed and should not affect his property any differently in the future as it now does and that the stairs do not have to meet the setback requirements - it is the porch that is in violation. Atty. Stella added that he has no objection to a condition which states that nothing can be built on the deck. MOTION: SECOND: VOTE : Note: by Mr. Trepanier fo take the petition under advisement. by Mr. Frizelle Unanimous - motion carries. Member Sullivan arrived at the meeting. Salemme, Robert - Variance - Boxford Street The Clerk read the legal notice. Sitting: Serio, Frizelle, Trepanier, Sullivan, Nickerson Mr. Salemme was present and informed the Board that the dwelling was constructed in 1974. He recently re-financed and the plot plan ~equired by the bank revealed that the dwelling does not meet the setback requirements of the Zoning By Law. There is a three foot violation. The error occured at the time of construction. Mr. Foster added that at the time the building permit was issued, plot plans were not required. No one spoke in favor or opposition to the petition. MOTION: SECOND: VOTE : by Mr. Frizelle to take the petition under advisement. by Mr. Trepanier Unanimous - motion carries. May 9, 1983 -3- Regular Meeting Giard, Joseph - Variance - May. Street - Division of Land The Clerk read the legal notice. Sitting: Serio, Frizelle, Trepanier, Nickerson, Sullivan Mr. Giard was present and made the following presentation: The lots in question are larger in area and contain more frontage than the majority of other lots in the neighborhood. - There are no lots on May Street with more area or frontage. - The variance can be granted without setting a precedent or being detrimental to the area. - With over 90 feet of frontage, the dwellings can be built on the lots with sideline setbacks in excess of the 15 foot requirement. The variance requested is within the intent and purpose of the Zoning By Law to prevent overcrowding by providing proper distances between the proposed houses. - To the passersby, there will be no evidence of a deviation from the zoning requirements. - Two family dwellings are proposed. - Because the parcel abuts the Boston and Maine Railroad at the rear and with businesses across the street, expensive homes will never be built here. - The recent 100% valuation on the land places a severe hardship to the petitioner. He cannot afford to keep the land open. - If the variance were denied, the taxes on the allowed two lots would be f~r out of proportion to the value of the houses. - The requir ~ments of the Zoning By Law impose a hardship, financial and otherw .se. - Relief may be granted by allowing a division of land that will not be det imental to the area or to the public good in any way; and that will be within the intent and purpose of the Zoning By Law. Letters from the Builidng Inspector dated May 9, 1983 and from the Office of Community Development dated May 9, 1983 were read and placed on file. No one spoke in favor or ~opposition to the petition. May 9, 1983 -4 Regular Meeting Giard - continued MOTION: by Mr. Frizelle to take the petition under advisement. SECOND: by Mr. Nickerson VOTE : U~animous - motion carries. Delaney, David -' Variance - Ingalls Street The Clerk read the legal notice. Sitting: Serio, Frizelle, Trepanier, Sullivan, Nickerson Mrs. Delaney was present and made the following presentation: - They have an existing garage and would like to add to it. - The addition will not meet the requirements of the Zoning By Law. - If the variance is granted, it would not take away from any property in the area. - The addition is approximately 10 feet. - The lot is pie shaped and very wet - the addition cannot be placed anywhere else on the land. - There is also a septic system in the rear. - The gargae will be used for storage. No one spoke in favor or opposition to the petition. A letter from the Building Inspector dated May 9, 1983 was read and placed on file. MOTION: by Mr. Frizelle to take the petition under advisement. SECOND: by Mr. Nickerson VOTE : Unanimous - motion carries. McConaghy, Daniel - Variance - Appleton street - Division of Land The Clerk read the legal notice. Sitting: Serio, Frizelle, Trepanier, Sullivan, Nickerson Mr. McConaghy was present and made the following presentation: - The area was developed 27 years ago. May 9, 1983 -5- Regular Meeting Mc~onagh~.- c~ntinued - The man who built his house purchased the two lots next to it. - The intent was to build houses on the two lots. The petitioner purchased the property 14 years ago. - There are two deeds and a separate tax payment. He is proposing to move the lot line and create a new lot of 28,000 square feet. - There are many lots in the area of 20,000 square feet. - The corner lot he is proposing will be larger than most. - There are acre lots in the area but they are not buildable. - The 100% valuation has increased his tax bill a great deal and he cannot afford to keep the land open. The petitioner presented a letter from several abutters supporting the petition. A letter from the Building Inspector dated May 9, 1983 was read and placed on file. No one Spoke in favor or opposition to the petition at the hearing. Building Inspector Foster added that the zoning dividing line is at the edge of Mr. McConaghy's lot (R~2 and R-3). MOTION: by Mr. Frizelle to take the petition under advisement. SECOND: by Mr. Trepanier VOTE : Unanimous - motion carries. Jays~n Realty. Trust - Variance - Halifax Street The Clerk read the legal notice. sitting: serio, Frizelle, Trepanier~ Sullivan, Nickerson Building Inspector Charles Foster asked to step out of his role as Building Inspector and made the presentation since this petition involves his personal property. His wife was expected to address the B~ard, but is attending a Personnel Board meeting. - Mr. Foster is attempting to purchase land immediately behind him from Mr. Philbin of Jayson Realty Trust. May 9, 1983 -6- Regular Meeting Jay$on - continued' The land was divided by variance several years ago, creating one lot on Margate Road and one on Halifax Street. When he measured, he found that the septic system in the rear yard extends on to the rear lot and takes in the garden. - Jayson is selling Lots 1 and B-1 as shown on the plan. - Jayson will sell Foster 10 feet and take land from Waverly Road to make Lot B-1 10,000 square feet in area. - Lot 1 remains legal. - This gives Lot B-1 more frontaqe. A letter from the Building Inspector dated May 9, 1983 was read and placed on file. No one spoke in favor or opposition to the petition. MOTION: by Mr. Frizelle to take the petition under advisement. SECOND: by Mr. Trepanier. ~OTE : Unanimous - motion carries. DECISIONS C.W.A. - Variance - Osgood St. Sitting: Serio, Frizelle, Sullivan, Nickerson, Soule The petitioners reported that they will move the addition so that it will be 3% feet from the lot line instead of the 1% feet proposed at the public hearing. MOTION: by Mr. Sullivan to grant the variance as requested with the condition that the addition be set back no less than 3½ feet in the rear and 7½ feet in the front in accordance with the revised plan. SECONQ: by Mr. Soule VOTE : Unanimous - motion carries. Christou, Anne Ma ie - Variance - Adams Ave. MOTION: by Mr. Frizelle to grant the variance with the condition that the deck remain open and that there be no further construction, additions, or alterations to the deck, except those necessary for normal repairs. May 9, 1983 -7- Regular Meeti~ng Christou- continued SECOND: by Mr. Trepanier VOTE : Unanimous - motion carries Salemme, Robert - Variance - Boxford St. MOTION: by Mr. Frizelle to grant ~he variance as requested. SECOND: by Mr. Nickerson VOTE : Unanimous motion carries. G~iard, Joseph -. Variance - Ma~; street MOTION: by Mr. Trepanier to grant the variances as requested with the conditions td~at there be ample off-street parking for Lot 1 and that there be a minimum of two (2) parking spaces per unit, located to the rear of the dwellings, for Lots 2 and 3. SECOND: by Mr. Frizelle VOTE : Unanimous - motion carries. Delaney, David - Variance - I_n_galls Street MOTION: by Mr. Frizelle to grant the variance as requested with the condition that the petitioner submit proper plans as required by the Board. SECOND: by Mr. Trepanier VOTE : Unanimous - motio~?.carries. McConaghy, Daniel - Variance - Appl?ton Street No action - Board to hold special meeting. J_ayson ~ Variance - Halifax St. MOTION: by Mr. Frizelle to grant ~he variance as requested. SECOND: by Mr. Trepanier VOTE : Unanimous - motion carries. MINUTES - April 11, 1983 MOTION: SECOND: VOTE : by Mr. Frizelle to aceept as written. by Mr. Trepanier U~animous - motion carries. May 9, 1983 -8- Regular Meeting REPORT FROM BUILDING INSPECTOR Mills Hill - Possible violation of Zoning By. Law Mr. Foster reported that the owner of the property, Mr. Jack Carter, is involved with litigation regarding the tower in question. He has had investigators and has been advised by his attorney not to talk to town officials. Mr. Foster will report again at the June meeting. Thomas Ventura - Ashland Street Mr. Foster reported that the two bottom floor apartments are occupied and the owner has remedied some of the violations. He has not done anything about the parking, however. He is not complying with the nature of the variance and special permit. Legally, he is allowed to have two families in the dwelling. When he converted the house, he did not comply with the parking requirements. He has tied into the sewer and is fixing the ceiling and stair- case to the second floor. Mr. Foster will again report at the June meeting. The meeting adjourned at 10:00 p.m. Secretary