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HomeMy WebLinkAbout1972-03-13Monday - March 13, 1972 Regular Meeting - 1 Hearing The BOARD OF APPEALS held its regular meeting on Monday eveming, March 13, 1972 at 7:30 P.M. in the Town Office Building with the following members present and voti~g: J. Philip Arsenault, Esq., Chairman; Dr. Eugene A. Beliveau, ClerkS Frank Serio, Jr. and Associate Member William N. Salemme. Regular members Kenneth E. Pickard and Arthur R. Drummond were unable to attend. Only one Associate Member was available so that the Board had to sit with only four members. There were three people present for the meeting. Atty. John J. Lynch said he is willing to be heard with a four member Board. Chairman Arsenault read the letter from the Plann~g Board asking the Board to defer action on this evening's petition until they have had an opportunity to study the plans, which were not available at the time of their meeting. 1. HEARING: Davis & Furber Machine Company Dr. Beliveau read the legal notice in the appeal of Davis & Furber Machine Company who requested a variation of Sections 6.2t 6.&l, 6.&2 & 7-3 of the Zoning By-Law so as to permit the division of land with existing building thereon for the purpose of conveyancer on the premises located at the north side of Water Street between Church and Elm Streets. Atty. John J. Lynch represented the petitioner. He said they are asking for a variance on Lot "A" as shown on the plan submitted. There have been three separate lots for many years. The area is zoned for General Business. They want to sell the corner lot with the building and keep the remaining two lots. He explained that the 3 lots have been in various ownerships since 1920. He does not think a variance is necessary but the Planning Board would not sign the plans as "Not Requiring Planning Board Approval" and had suggested they go to the Board of Appeals because there was land under common ownership. Atty. Lynch feels that the By-Law applies to only residential lots for subdivision, not for business lots. Lot "A" was acquired from Village Land Comparqv in 1970; there was an error in the conveyance and the middle lot should also be Davis & Furber; as is the third lot. Lot "B" on the plan is to be used for a parking area. Chairman Arsenault noted the Book and Page numbers of the three lots and will check further as to the various ownerships. Mr. Serio made a motion to take the petition under advisement; Dr. Beliveau seconded the motion and the vote was unanimous. The Board will not make a decision on this petition until the Planning Board has looked at the plans. BUILDING INSPECTOR: Chairman Arsenault again brought up the subject of having to write a letter to the Selectmen relative to the duties of the Buil~!ng Inspector and whether or not it should be a full-time position. The Beard feels that the position should be full-time. Mr. Arsenault will draft the appropriate letter. The meeting adjourned at 8:OOP.M. Monday - April 10, 1972 Regular Meeting - 2 Hearings The BOARD OF APPEALS held its regular meeting on Monday evening, April 10, 1972 at 7:30 P.M. in the Town Office Building with the following members present and voting: J. Philip Arsenault, Chairman; Kenneth E. Pickard, Vice Chairman; Dr. Eugene A. Beliveau, Clerk; Arthur R. Drummond and Frank Serio, Jr. Associate Member William N. Salemme was also present. There were 10 people present for the meeting. 1. HEARING: Salvatore & Frances Fichera. Dr. Beliveau read the legal notice in the appeal of SALVATORE& FRANCES FICHERA who requested a Special Permit under Sec. 6.62 of the Zoning By-Law se as to permit the combination of six lots, each having a 50-foot frontage, into three lots, each having a lO0-foot frontage, and containing 10,OO0 sq. ft. each; and to decrease front depth to 20 feet in keeping with other houses in the neighborhood, located at the north side of Shawsheen Road at the corners of Inglewood & Jetwood Streets. Atty. John J. Lynch represented the petitioners. He stated that there had been a previous appeal on this same area which had been denied, for division into four lots. He explained that the Zoning By-Law allows, by special permit, for lots having 10, O00 sq. ft. and 100 ft. frontage. These lots meet all of the req~ements of Section 6.62 of the Zoning By-Law. Water and sewer facilities are available. No one else spoke and there was no opposition. Mr. Drummond made a motion to take the petition under advisement; Mr. Pickard seconded the motion and the vote was unanimous. 2. HEARING: Dr. William J. Patterson. Dr. Beliveau read the legal notice in the appeal of DR. WILLIAM J. PATTERSON who requested a variation of Sec. 6.32 & 7.22 of the Zoning By-Law so as to per~it the erection of a single family dwelling located at the west side of Highland Terrace at the corner of Wilson Road. Dr. Patterson spoke in his own behalf and explained that he had appeared before the Board twice to have his land divided. He said there was an error in the number of square feet shown on the plan that had been previously approved by the Board. He wanted the lots to be more equal in size and also divided in such a way as to allow for the proper placement of the new dwelling on the vacant lot. No one else spoke and there was no opposition. Mr. Pickard made a motion to take the petition under advisement; Mr. Drummond seconded the motion and the vote was unanimous. DAVIS & FURBER MACHINE COMPANY: Corner Elm & Water Streets. This petition had been taken under advisement at the last meeting in order that the Planning Board might have a chance to look at the plans and report to the Board. Also, Chairman Arsenault wanted to check further as to the various ownerships of the lots in order to determine whether or not the lots are in common Ownership. April 10, 1972 - cont. The members that sat on that hearing, and also present this evening, were: J. Philip Arsenault, Dr. Eugene Beliveau, Frank Serio, Jr. and William N. Salemme~ Associate Member. The Board discussed the petition further. The Planning Board had stated that they had no comment to make concerning the petition. Chairman Arsenault felt that the lots were under common ownership and that a variance is required. Dr. Beliveau made a motion to deny the variance; there was no second to the motion. Mr. Serio made a motion to grant the variance subject to the conditions that the lots be place in common ownership before the decision is recorded and the plans be amended to show parcel "B" as one lot. Mr. Salemme seconded the motion and the vote was 3-1; Dr. Beliveau voted no. The petition is denied because the vote must be unanimous by a four-man board in order to pass. Dr. Beliveau feels there is no hardship involved; that the three lots combined do not meet the zoning requirements of 25,000 sq. ft. and to form one lot containing 7,038 sq. ft. and another lot containing 13t208 sq. ft. would be too great a deviation from the Zoning By-Law. DAVIS & FURB~ MACHINE CO.: CornerWater & Church Streets. The public heariug for this petition had been held on January 10, 1972 and was taken under advisement and voted not to take action until after Town Meeting. An article had been submitted to have the area re-zoned from General Business to Resi- dential. Town Meeting action had approved the re-zoning of this area. Mr. Drummond made a motion to GRANT the variance; Mr. Pickard seconded the motion and the vote was unanimous. The Board found that the sole reason for the variance was to allow conveyance of existing buddings. The area is unique in that there are three existing dwellings on one lot. The neighborhood w~l]. not be adversely affected by the zoning change in that no exterior changes to the buildings are proposed. It will not sub- stantially derogate from the intent and purpose of the Zoning By-Law. DAVIS & FURBER MACHINE CO.: Water & Clarendon Streets. A decision had been made on this petition but the Board had voted not to file it until Town Meeting action had been taken to see if the area would be =e-zoned from Industrial to Residential - Town Meeting had voted to approve that zoning change Mr. Pickard made a motion to file the decision in the form of vote discussed at the last meeting; Mr. Drummond seconded the motion and the vote was unanimous. The date of the decision will be changed to the present date. RESIGNATION OF JAMES A. GLYNN, JR., ESQ. The Board voted to accept, with regret~ the resignation of Associate Member James A. Glynnt Jr.~ Esq. who was unable to continue to serve on the Board because of the pressures of business. Members Pickard and Drummond had to leave the meeting early so that this evening's petitions will be voted upon at the next meeting. The meeting adjourned at 9:00 P.M. Chairman (j. Philip lrsenault)' ' (Anna Donahue) ~