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HomeMy WebLinkAbout1971-12-13Monday - December 13, 1971 Regular Meeting & 3 Hearings The BOARD OF APPEALS held its regular meeting on Monday evening, December 13, 1971 at 7:30 P.M. in the Town Office Building ~ith the following members present and voting: J. Philip Araen_~ult, Chairman; Kenneth E. Pickard, V. Chairman; Dr. Eugene A. Beliveau, Clerk; Arthur R. Drummond and Associate Member James Ao Glenn, Jr. who sat in place of regular member Frank Serio, Jr., who was still out of town and unable to attend. There were 20 people present for the hearings. 1. HEARING: Herm~y A. Fi~. Chairman Arsenault read the legal notice in the appeal of HENRY &BERNICEFINX who requested a variation of Sec. ~.36 of the Zoning By-Law so as to permit owner occupancy of the upper level of a mercantile b,,~la~g for personal living quarters; on the premises located at the east side of Turnpike Street at the corner of John- son Street and known aa 1250Turnpike Street. Mr. Fink appeared on his own behalf and explained that he has been in business for 19 years at the corner of Hillside Road and Rte. 125 and has lived there. He wants to expand and there is no room where he is. He acquired the property on Rte. 111: and would like to build his business b,,tlding there and wants to live on the premises in order to conduct the business. He makes concrete forms and statues and because of vandalism, it is necessary to be on the premises at all times. He said there would be no signs. No one else spoke and there was no opposition. ~lr. D~mmond made a motion to take the petitionunder advisement; Dr. Beliveau seconded the motion and the vote was u~-4mous. 2. HEARI~: GaetanoBongiorno. Dr. BeLtveau read the legal notice in the appeal ofGAETANOBO~GIOR~Ore- questing a variation of Sec. 6.31 of the Zoni-~By-Law so as to permit the com- bination of four, 50 x 100 foot lots into two iota of 100 x 100 feet for the purpose of erecting single family dwellings on the premises located at the south side of MablinAvenue, between Inglewood Street and Harwood Street. Atty. Samuel J. Concemi represented the petitioner, and expl~ed that he did not have the required plans ir~ time for the hearing but would have them at the end of the week. Because of the petitioner's health, it is physically impossible to make use of the land and the property is deteriorating. There is presently a foundation and an old shed on the property, which would be cleared away. They want to combine four, 50xlO0 lots into two, lOOxlOOlots. The land wouldbe sold and two single family homes would be built. Sewerage facilities are available. Nc one else spoke and there was no opposition. ~r. Drummond made a motion to table the petition until the January meetingwhen proper plans are submitted. Mr. Pickard seconded the motion and the vote was December 13, 1971- cont. 3- HEARI~: John J. Reilly, III. Dr. Beliveau read the legal notice in the appeal of JOHN J. REILLY, III who requested a variation of Sec. ~.14 of the Zon~.~g By-Law so as to permit the erection of a 36 inch by 24 inch real estate office sign, a maximum height of 9 feet from the ground; on the premises located at the east side of Andover Street, approx. 150 feet from the corner of Turnpike Street and known as ~24 Andover Street. Atty. An~elo Fiaichella represented Mr. Reilly and explained that he would like to amend the petition so that the sign is no larger than five square feet and he will go along with whatever recommendations the board may make. The sign would be of colonial design and would not be illuminated. He stated that Mr. Reilly is in the real estate business amd that a larger sign is necessary because of the location. He submitted letters from several abutters having no objection to the sign: Dr. Joseph Markey, Sidney Thomson and Gordon Freem_~. Mrs. Frank Lewis, a next-door abutter, objected because the immediate area is primarily residential. She thinks the allowed sign is enough and stated that there are two professional men nearby and they stayed with~_~ the requirements of the Zoning By-Law. Daniel T. O'Leary, an abutter, agreed with Mrs. Lewis. Mr. D~mmond made a motion to take the petition under advisement; Mr. Pickard seconded the motion and the vote was unanimous. DAVIS & FD~tB~ MACHI~ CO. The Davis & Furber Machine Co. petition, for which a hearing had been held on Sept. 20, 1971, was again discussed. Mr. Arsenault explained that Frank Serio, who sat on the hearimg, was still out of town on business and unable to attend the meeting. He has submitted his vote in writing. Atty. Lynch submitted an emended plan, as had been suggested. He said Davis & Furber would sell all the homes as one package if the Board didn't grant the variance. William Bamford, a tenant, said he would like to stay where he is and purchase the house. Barbara Eldredge, another tenant, said she would like to buy the house she lives in. Dr. Beliveau asked if the selling price would be changed on the larger lots. Harry Dow said if the lots are larger than shovm on the original plan, then they would COSt more. Mr. Arsenault then talked with Mr. Serio on the t,~lephone, who was Calling from New York. He said he couldn't vote now because of the new plans which he has not seen. A lengthy discussion was then held on the new plan presented. Clifton Stone, a tenant, objected because his house was not included on the new plan. He wanted to be recorded as opposed to the new plan and in favor of the original plan. Dr. Beliveau made a motion to grant plan "A", the original plan submitted, subject to extending the back yards on certain lots and that the right-of-way not be used as access to the industrial land. Mr. Pickard seconded the motion. Further discussion was held. Mr. Pickard made a motion to approve plan "A" ~rith the following conditions: December 13, 1971- cont. 1. Lets 3, 4, 5& 6 be extended in the rear . 2. The garage be included on corner lot ~. 3. Davis & Furber Machine Co. sh~l~ seek re-zoning of the area shows by lots 1 through 10. ~. The right-of-way to the 8-stall garage sh~11 be fr~m Water Street through lots 6 & 7 and shall be restricted to residential traffic. 5. Davis & Furber Machine Co. shall give the first option to buy the houses to the present tenants, on ~11 lots. Dr. Beliveau seconded the motion. Mr. Pickard, Mr. Artensult and Dr. Beliveau voted yes and Mr. ~h-~meond abste~-ed from voting. After further clarification of certain points to Mr. D~-_~ond, he also voted yes. This motion is also subject to the vote of absent member Frank Serio. The Board. then discussed the hearings held earlier in the evem~ng. , 1. Henry Fink: Mr. Dr,~mond made a motion to GRANT the variance; Mr. Pickard seconded the motion and the vote was unanimous. The Board found that if the petitioner was not able to reside on the business premlses~ it would result in a hardship to him ~ that the products are highly susceptible to vandalism amd theft and require constant supervision. A single residence providing living quarters on the second floor of, the business would not be detrimental to the neighborhood. 2. Gaetano Bor~iorno: Mr. Glynu made a motion to grant the variance subject to the submission of proper plans amd that it be granted as a special permit under section 6.62. After further discussion it was decided to hold the vote until the next meeting and the submission of the pla~s.. 3- John J. Reilly, III: Mr. Drummond made a motion to DENY the variamce; Mr. Glynn seconded the motion and the vote was unanimous. The Board found no hardship. The meeting adjourned at 10:OO P.M. '' (J. Philip Arsenault) "' (~nna Do.abas ) Chairmen Secretary