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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.