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HomeMy WebLinkAbout1972-01-10Monday - January tO, 1972 Regular Meeting & 2 Hearings The BOARD OF APPEALS held its regular meeting on Monday evening, January 10, 1972 at 7:30 P.M. in the Town Office Building with the following members present and voting: J. Philip Arsena,,lt, Esq., Chairman; Kenneth E. Pickard, V. Chairman; Dr. Eugene A. Beliveau, Clerk; Arthur R. Drummond and Frank Serio, Jr. Associate Member James A. Glymu, Jr. was also present. There were 12 people present for the hearings. 1. Gaetano Bongiorno: The hearing for Gaetano Bongiorno wa~ held on December 13, 1971 but action was tabled until this meeting when proper plans were submitted. Associate Member Glynn sat on this petition. The Board rewiewed the plans and then voted on the petition. Mr. Pickard made a motion to GRANT the petition as a special permit under Section 6.62 since all the requirements of the Zoning By-Law had been met; Dr. Beliveau seconded the motion and the vote was unanimous. 2. HEARING: Joseph P.C.l~lahan. Petition No. 1-'72 Dr. Beliveau read the legal notice upon the application of JOSEPH P. who requested a variation of Sec. 6.31 & 7.23 of the Zoning By-Law so as to permit the division of land with existing buildings for the purpose of conveyance; on the premises located at 147, 157-159 Waverly Road, 2-4, 6-8 & 30 Union Street. Atty. Saurice J. Close represented the petitioner and explained that a subdivision plan had origin,lly been drawn up in 1938 dividing the area into lots which was never recorded so that the area now shows one large lot with several houses, which have been there for a great number of years. In order to sell some of the property, it is necessary to divide the area into lots. Nothing will be done to disturb the existing structures. Some of the lots do not conform to the requirements of the present Zoning By-Law; however, they do conform to existing properties in the surrounding area. One of the houses wi31 be sold to the present tenants. There are five houses presently existing and there would be three vacs~ut lots formed. They intend to sell lot ~7 but will held lots ~3 & #4 for the present. The character of the neighborhood would not be changed in any way; there would be no commercial use whatever. There would be a f~ucial hardship to the petitioner if the land was not subdivided. Jay Burke was also present, he is one of the agents for the property. John McDowell, 30 Annis Street, an abutter, asked several questions regarding the vacant lots and was told that lot 7 would be sold and lots 3 & 4 would be held for the present. There was no opposition and no one else spoke. Mr. Drummond made a motion to take the petition under advisement; Mr. Pickard seconded the motion and the vote was U~OUS. 3. HEARING: Davis & Furber Mach~e Co. - Petition No. 2-'72 Dr. Beliveau read the legal notice in the appeal of DAVIS & FURB~ MACHINE CO. who requested a variation of Sec. 6.2, 6.b~l, 6.42 & 7.3 of the Zoning By-Law so as to permit the division of land with existing buil~.ugs thereon for the purpose of conveyance; on the premises located at 69 Water St., 73 Water St. and 64 Church St. January 10, 1972 - cont. Atty. John J. Lynch represented the petitioner end explained that the area consists of approx. 9,000 sq. ft. with approx. 83 feet frontage on Water Street and 113 feet frontage on Church Street. The area is presently zoned ~eneral Business. The property could be sold as one unit with the three structures on it~, but the present tenents on Church Street, the Sheas, wish to purchase their o~n residence~ there, fore, they want the area subdivided. Davis & Furber has submitted an article in the warrant to re-zone the area to residential; the shoe rep_~[A~ shop ~ then become non-conforming. Mr. end Mrs. Shea were present and Mr. Shea spoke in favor of the petition stating that he has lived there since 1956 and wishes to purchase the property. Dr. Beliveau suggested that the Board wait until the area is re-zoned and then take action on the petition. Mr. Pickard made a motion to take the petition under advisement; Mr. Serio seconded the motion and the vote was unanimous. DAVIS & FURBE~ MACHINE CO. Petition of Sept. 20, 1971: Chairman Arsenault read the decision as written after the vote that was made at the last meeting. The Board discussed the restr~'ctions that were listed' on the decision. Mr. Pickard felt that the Board should have a written statement from Davis & Furber as to the conditions made. Mr. Drummond stated that he did not wish to sign the p~ns until after town meeting action. It was further discussed as to the possibility of inserting in the decision that in the event that any of the conditions are not met, the variance is null and void. Mr. Serio made a motion to table the decision until after to~n meeting~ Mr. Drummond seconded the motion and the vote was Mr. Drummond and Mr. Serio - yes~ Mr. Pickard abstained; and Dr. Beliveen and Mr. Arsenault voted no. The Board then discussed the hearings held earlier tn the evening. 1. Joseph P. Callahan: Mr. Serio made a motion to GRANT the variance; Mr. Pickard seconded the motion and the vote was unanimous. The Board found that the lots existed on a plan prior to 1956, and since 1938, e~ though through an inadvertence the plan was not recorded. The Board found that there are lots of sim~ilar size in the area that are bu~_lt upon. To that part of the area on which there are existing structures, there would be no structural changes and the buildings existed prior to the enactment of the Zoning By-Law. The Board found that it was necessary to subdivide the area to ~llOw the petitioner to convey the houses separately and that there would be financial hard- ship if they could not be sold. 2. Davis & Furber Machine Co. The Board decided not to vote on this petition until after to~n meeting. The meeting adjou~ned at'9:30 P.M. Chairmen -- (~.J' Ph~iP Ars~enault) '