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HomeMy WebLinkAbout1972-05-08Monday - May 8, 1972 Regular Meeting - 2 Hearings The BOARD OF APPEALS held its regular meeting on Monday evening, May 8, 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. Also present were Associate Members William N. Salemme and newly appointed Louis DiFruscio. Kenneth E. Pickard was re-appointed by the Selectmen for a 5-year term. There were 12 people present for the meeting. 1. HEARING: Leonard Degnan. Dr. Beliveau read the legal notice in the appeal of Leonard & Margaret Degnan who requested a variation of Section 7.23 of the Zoning By-Law so as to permit an addition to an existing dwelling located at the south side of Massachusetts Avenue, approx. 69.4 feet from the corner of Adams Avenue and known as 5&3 Massachusetts Avenue. Mr. Degnan spoke in his own behalf and explained that he had purchased his house about 12 years ago and has had problems with it, especially as to water in the cellar. He wants to improve the property, provide an addition and a new foundation which he feels will alleviate the problem. However, the existing house is presently nearer to the lot line than is allowed and a variance is necessary for the addition which would be in line with the house. There was no opposition and no one else spoke. Mr. Pickard made a motion to take the petition under advisement; Mr. Drummond seconded the motion and the vote was unanimous. 2. HEARING: Silvio Martinoli Dr. Beliveau read the legal notice in the appeal of Silvio Martinoli who re- quested a variation of Section 7.3 of the Zoning By-Law so as to permit an addition to an existing dwelling and a separate garage on the premises located at the east side of Middlesex Street, approx. 150 ft. from the corner of WaverlyRoad and known as 231 & 231A Middlesex Street. Mr. Martinoli appeared in his own behalf. The Planning Board letter pointed out that 100 feet back from Middlesex St. is zoned Neighborhood Business and the re- maining 96' feet of the lot is residential. Section &.03 of the Zoning By-Law allows the zoning district to extend another 30 feet. Building Inspector Charles Foster explained that he had requested Mr. Martinoli to improve the appearance of his lot. His building materials were stored on the open lot causing an unattractive appearance. They want to build a garage to store the materials and their vehicles. Mr. & Mrs. Martinoli explained that they also want to add to their living quarters to provide a bedroom, living room and open porch. It was noted that the garage could be set back 20 feet and a variance would not be needed. Several abutters were present complaining about the pre-fab work Mr. Martinoli is doing, their working from 6 & 7 in the morning, making alot of noise, hammering, sawing, loading, etc. Richard Torosian, Union St., an immediate abutter to the rear, showed pictures of May 8, 1972 - cont. the Martinoli lot taken in February with a storage tent on it and materials stored and on the lot. John McDowell and A1 DeSantis, abutters on Annis Street, want the problem taken care of, they don't care what buildings are going up; they want the noise and the pre-fab work stopped. The Building Inspector said he is not allowed to pre-fab and should not continue doing so. Mr. Martinoli said he has 2 trucks and 7 employees. Discussion was held as to moving the garage to the business section of the lot. After more discussiont Dr. Beliveau made a motion to continue the hearing at the next meeting on June 12th; Mr. Drummond seconded the motion and the vote was unani- moms. SALVATORE FICH~A: The Board reviewed the Fichera petition taken under advisement at the last meeting. Mr. Serio made a motion to GRANT the special permit; Mr. Drummond seconded the motion and the vote was 4-1, Dr. Beliveau voted no. The Board found as a fact that the petitioner meets ~11 of the re~,~ements for a special permit under Section 6.62 of the Zoning By-Law. DR. WILLIAM J. PATTERSON: The Board reviewed the Patterson petition taken under advisement at the last meeting. Mr. Serio made a motion to GRANT the variance; Mr. Pickard seconded the motion and the vote was unanimous. The Board found that the lot was uniquely shaped so that a change in the boundary would benefit both lots and the requested variances were not substantial in nature and would permit the erection of a single family residence on the lot. The set- back and sidelines would be in keeping with the presently existing pattern in the immediate neighborhood and therefore the neighborhood would not be affected in an adverse way. LEONARD DEGNAN: The Board reviewed the Degnan petition and during this period Mr. Drummond made a motion to GRANT the variance; Mr. Serio seconded the motion and the vote was unanimous. The Board found that the lot in question is unique in that there is a presently existing dwelling which was built prior to the Zoning By-Law am~ a hard- ship has resulted from the fact that the owner has a water problem in his cellar and that the presently existing dwelling is not adequate for his use. The variance requested is not substantial and does not adversely affect the neighborhood. The house is so positioned on the lot that it would be impossible to expand it in any other direction. There are other houses in the neighborhood which are located closer to the lot line than required. May 8, 1972 - cont. EARTH REMOVALPERMITS: Building Inspector Foster spoke to the Board about George Farr's earth removal permit. The Board said they would discuss it further at the next meeting. The Board also feels that we should have some sort of system for earth removal permit renewals. The secretary will take care of this. ELECTION OF OFFICERS: Chairman: Mr. Pickard nominated Dr. Beliveau. Dr. Beliveau nominated Phil Arsenault; Mr. Serio seconded the motion and the vote was unanimous to elect Mr. Arsenault as Chairman. Vice Chairman: Mr. Serio nominated Mr. Pickard; Dr. Beliveau seconded the motion and the vote was unanimous to elect Mr. Pickard as Vice Chairman. Clerk: Mr. Pickard nominated Dr. Beliveau; Mr. Serio seconded the motion and the vote was unanimous to elect Dr. Beliveau as Clerk. MARTINOLI PETITION: Chairman Arsenault said he would contact Mr. Martinoli relative to his petition. The Board feels there is no hardship as to the garage and they don't want it in the business portion of the lot. The meeting adjourned at 9:30 P.M. (J. Phiiip A~senault) Secretary