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HomeMy WebLinkAbout1970-01-12Monday - January 12, 1970 Regular Meeting & Hearings The BOARD OF APPEALS held their regular meeting on Monday evening, January l2, 1970 at 7:30 P.M. in the Town Office Building. The following members were present and voting: Arthur Drummond, Chairman; Daniel T. O'Leary, Secretary; Philip Arsenault, Donald J. Leonard and Associate Member James Glynn who sat in place of regular member Donald J. Scott. There were 15 people present for the hearings of the evening. ARTICLE FORWARRANT: An article has been drawn up for insertion in the 1970 Warrant relative to notifying abutters by certified mail. The amendment reads as follows: "To amend Section 9.2 by striking therefrom the word 'certified', so that notices of hearings may be sent to interested parties by regular first class mail, postage prepaid, as provided by statute, unless the Board of Appeals votes to send notices by certified mail in particular cases." Mr. O'Leary made a motion to file the Article with the Selectmen for insertion in the Warrant. Mr. Glynn seconded the motion and the vote was unanimous. HEARING: Edward J. Welch: Mr. O'Leary read the legal notice in the appeal of Edward J. Welch who re- quested a variation of Section 7.3 of the Zoning By-Law so as to permit the addition of a garage and warehouse on the premises, located at 21 Main Street. He also read the refusal from the Building Inspector explaining that a permit could not be issued because the proposed construction would be nearer the lot line than is allowed under the Zoning By-Law. Mr. Welch appeared on his own behalf and explained that his family has owned the property for over fifty years. His plumbing business has grown and he needs more space for warehousing and garages. Harold Trombly, an abutter~was present and spoke in favor of the variance. He said the business people in the area should be helped in every way possible. John Caron, an abutter, (Caron Funeral Home) also spoke in favor and stated that his father George Caron, another abutter, was also in favor. Helen Read, 13 May Street, an abutter, stated she was not in opposition, but that she wanted to see the plans and ask a few question. Mr. Welch explained that there is a 12-foot right of way on his property that abuts the railroad tracks. Atty. John Fenton, Jr., representing Mr. and Mrs. Sidney Bailey, 23 Main Street, abutters, who own the land immediately abutting the Welch property in the rear and their only access to their property is over the 12-foot right of way on the Welch property. The house fronts on the rights, of way approximately 100 feet back from Main Street. There are trees on the right of way and the land slopes which they say makes access difficult to their property. They are concerned about getting services to their home from oil trucks, etc. He claims that at one point the building comes within l" of the right of way which would cut down the effective use of the right of way. The business is a non-conforming use and there is no valid reason for the need of a variance. It does not meet the requirements under January 12, 1970 - cont. Chapter &O, Section l~. He requests that the Board deny the variance. The slope and trees affect the use of the right of way and nothing is shown that conditions affecting this parcel are not different than any other parcel. Mr. Welch said it would be a hardship if the variance were not granted. Mr. Welch owns the property and the Baileys have use of the right of way. When the right of way was granted there were no cars or tr~cks, it was in the horse and buggy days. The 12 feet is ample room, oil trucks, etc. are able to get in and out now with no difficulty. Atty. Fenton said the Baileys claim the right of way is not always kept open, that mar~v times it is blocked. It was explstued that there are his own trucks there at times which are a necessity in order to run his business, but not left there for great lengths of time. Mr. O'Lea~y made a motion to take the petition under advisement. Mr. Arsenault seconded the motion and the vote was unanimous. HEARING: Village Land Company. Mr. O'Leary read the legal notice in the appeal of Village Land Company who requested a variation of Sections 6.2, 6.31 and 7.23 of the Zoning By-Law so as to permit the division of land with existing buildings thereon fer the purpose of conveyance on the premises located at 54, 56, 58 and 64 Church Street, 69 Water Street and No. 73 at the corner of Water and Church Streets. Har~y Dow, III, spoke in representation of Village Land Company. He explained that he is the broker involved and that Village Land Company want to liquidate all of their property holdings. These are existing houses and they are requesting separate lots for each dwelling so that they may be sold separately. Nothing will be changed or built. Ralph Thornton, Church Street, an abutter, said he had no objections to the lots, he just wanted clarification. There was no opposition to the petition. Mr. O'Leary made a motion to take the petition under advisement. Mr. Glynn seconded the motion and the vote was unanimous. MERRIMACK MATERIALS, INC.: Mr. Eugene Riley, president of Merrimack Materials, Inc. was present and explained the reason for the delay in replying to the Board relative to his bond and plans. He said he had been unable to get a surveyor and finally was ab&e %o get Mr. Robert Goodwin to survey the area under the earth removal permit. A letter had been received from the Building Inspector recommending that certain conditions be complied with before renewing the permit. Mr. Riley was agreeable to whatever conditions Mr. Foster required. Mr. O'Leary made a motion to grant the renewal of the permit and require a bond in the amount of $5,000. Mr. Glynn seconded the motion and the vote was unanimous. January 12, 1970 - cont. A letter will be sent to Mr. Riley informing him of the renewal of the permit subject to the following conditions: 1. That he file a bond in the amount of $5,0OO to be effective from February 1, 1970 to February l, 1971. Request for renewal to be made 3 months prior to the expiration date of the bond and permit (which dates are the same). 2. That he perform conditions 1 and 2 as set out in the Building Inspector's letter of December 8, 1969 (which conditions he agreed to at this meeting). ROBERT KORALISHN: A decision on this petition was deferred until a reply was received from Town Counsel, which they now have. A discussion was held as to the contents of the letter. Mr. O'Leary made a motion to grant the variance and use the phraseology suggested by TownCounsel.~ Mr. Glynn seconded the motion. Further discussion was held and Mr. O'Leary withdrew his motion. Mr. Leonard felt that the Board of Appeals has no jurisdiction over this matter and made a motion to allow the petition to be withdrawn. Mr. Glynn seconded the motion and the vote was unanimous. They feel no action is necessary by this Board. ANGELO CATALDO: A letter was received from Atty. Alfred Daniels requesting the $oard to officially rescind the special pe~mit for apartments which had been issued to Angelo Cataldo on Turnpike Street. Mr. O'Leary made a motion to send a letter to Atty. Daniels rescinding the permit as requested. Mr. Arsenault seconded the motion and the vote was unani- moms. The Board then proceeded to discuss the hearings of the ever~Lug. VILLAGE LAND COMPANY: Mr. Arsenault made a motion to GRANT the variance. motion and the vote was unanimous. Mr. O'Leary seconded the EARTH REMOVAL PERMITS & BONDS: Mr. O'Learymade a motion to request the Building Inspector to inspect the earth removal pits and report to the Board of Appeals at least 3 months before the expiration of their bonds. Mr. Glynn seconded the~motion and the vote was unanimous. ~ EDWARD J. WELCH: Mr. O'Learymade a motion to GRANT the variance. There was no second. Mr. Glynn made a motion to take the matter under advisement until the next meeting in order that the members may view the premises. Mr. O'Leary seconded the motion and the vote was unanimous. The meeting was adjourned at 9:00 P.?~/~/~ . ~//~ .