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