HomeMy WebLinkAbout1970-06-08Monday - June 8, 1970
Regular Meeting
The BOAED OF APPEALS held their regular meeting on Monday evening, June 8, 1970
in the ToE Office Building at 7:30 P.M. The following members were present and
voting: Arthur R. Drummond, Chairman; Daniel T. O'Leary, Secretary; Donald J.
Scott, Philip Arsenault, Esq. and Donald J. Leonard.
There were no hearings scheduled.
WATSON EARTH P~VAL PERMIT:
Mr. and Mrs. Watson, Forest Street, were present and showed a letter to the
Board from their insurance agent stating that the earth removal bond is a com-
tinuous one and runs from year to year until cancelled. Notice will be sent to the
Board shortly notifying them of its continuance for another year. Mr. Watson said
they have started to level and seed areas that are ready as requested by the Board
previously. He said alot of the area is not dry enough yet but Just as soon as
possible he ~ take care of as much as he can.
Mr. and Mrs. Watson and the Board members discussed the missile site roadway. They
stated the Doyles had put a barrier across the roadway to stop everyone from using
it sayin~ the land was theirs. The Watsons showed papers to the Board from the
government saying the property is still in its hands and they made the Doyles remove
the barrier. The Selectmen had referred the Doyles to the Board of Appeals because
this Board had stipulated ia the conditions that the Watsons must use the missile
site roadway to remove any materials. However, the Doyles were not present at this
meeting.
ERNEST ROBERTS:
Mr. Ernest Roberts appeared before the Board to help him resolve his problem.
He had a variance granted in 1965 to divide land into lots. However, his attorney
had never recorded the variance at the Registry of Deeds and the attorney ~as since
passed away. He now needs the signatures of the Board in order to record the plans.
Mr. O'Leary and Mr. Drummond signed the plans since they had also signed the original
plans. Mr. Roberts will contact Mr. Deyo and Mr. Burke for their signatures since
they had also signed the original plan~.
WELCH PETITION:
Atty. John J. Willis appeared before the Board to discuss the petition of
Edward Welch. He said he is Welch's attorney for the appeal in the court of the
Welch petition. He stated the decision as worded does not indicate the basis upon
which the decision was made. He can't properly present the case before the court
with the decision worded as it is. Facts have to be stated to show hardship,
cert-i~ things particularly affecting the parcel, etc. Reasons should not be merely
cited as they are presently. A discussion was held as to what could be done to
resolve the matter. Mr. Willis mentioned holding another hearing and filing a new
decision. Mr. Arsenault particularly, felt this could not be done. Mr. O'Leary
mentioned filing an amended decision, which he felt had been done before. Upon
checking the files, it was found Town Counsel had recommended filing an amended
decision in a previous court case. It was finally decided that Mr. Willis will
send a written request to the Board for a proposed amendment to the decision. The
case is set for June 19, 1970 in the courts. Mr. Willis will ask for a continuance
June 8, 1970 - cont.
and file an amended decision, Bailey's attorney, John Fenton, Jr., will be notified
of what is taking place and be sent copies.
Mr. Willis then discussed another problem. He said Charles Construction Company
has dug a hole and put in cement block for a structure at his property on Sutton
Street which is in an Industrially zoned area. The proposed use of the buil~ is
to sell an~ service power lawnmowers, Ski-doos, etc. He said the Building Inspector
has stopped further work. He is not sure whether or not a variance is needed or just
an appeal from the Building Inspector's decision. The general feeling was that Mr.
Willis ~could be heard under both.
Mr. Willis then proceeded to discuss another matter. He showed plans to the Board
of the lar~ of Dr. Patterson on Wilson Road So wants to build a duplex house on
his land and needs a variance because of an existing 12" dr~ through the property.
There is also another house on the lot. He is requesting a hearing before the
Board for the next meeting.
Because of vacations, conflicting dates, etc. it was decided to hold the next Board
of Appeals meetin~ on Tuesday, July 7, 1970 instead of the regular meeting night of
July l3, 1970.
The meeting adjourned at 9:30 P.M.