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HomeMy WebLinkAbout1972-08-14Monday - August 14, 1972 3 Hearings The BOARD OF APPEALS held its regular meeting on Monday evening, August 14, 1972 at 7:30 P.M. in the Town Office B~ilding with the following members present and voting: J. Philip Arsenault, Chairman; Dr. Eugene A. Beliveau, Clerk; Arthur R. Drummond, Frank Serio, Jr. and Associate Member William N. Salemme who sat in place of member Kenneth Pickard who was unable to attend due to illness. There were 16 people present for the meeting. 1. HEARING: Thomas F. Dunn. Dr. Beliveau read the legal notice in the appeal of THOMAS F. DUNNwho requested a variation of Sec. 7.23 of the Zoning By-Law so as to permit the erection of a garage closer to the lot line than is allowed by the Zoning By-Law, located at 28 Bradstreet Road. Mr. Dunn appeared in his own behalf and explained that he needs a 6 ft. sideline variance in order to construct a new garage in a different location on his lot. The existing garage is badly in need of repair and would be razed. The lot is unique in that it is cone shaped and the location of the new garage would achieve the highest and best use of the property. He also requested that the variance be granted under the new Zon~ing By-Law, Section 6.3. There were no abutters present and there was no opposition. Dr. Beliveau made a motion to take the petition under advisement; Mr. Drummond seconded the motion and the vote was unanimous. Only four members sat on this petition since Mr. Serio had not arrived yet. Mr. Drummond then made amotion to GRANT the variance with the provision that the existing garage be razed; Dr. Beliveau seconded the motion and the vote was unanimous. The Board found that it was a uniquely shaped lot, unusual and different from other lots in the area. There are other garages in the neighborhood closer to the lot line than this proposed garage would be. The existing garage that is to be razed is equally as close to the lot line as the proposed garage. This would not be a sub- stantial derogation from the intent and provisions of the Zoning By-Law. 2. HEARING: Richard Abel. Dr. Beliveau read the legal notice in the appeal of RICHARD ABEL who requested a variation of Section 6.31 of the Zoning By-Law so as to permit the division of land into two lots having less than the required frontage on the premises located at ~2 Church Street and the east side of Garden Street. The f~ll Board sat on this petition. Mr. Abel appeared in his own behalf and expla~ued that he wants to combine lots 5 & j on Garden Street to sell as a house lot. The lot does not have the required area but it would be about the same size as other lots in the area. He resides in a two- family house on a lot immediately abutting the proposed lot~ facing Church Street. He acquired all of the lots at the same time in 1969. He said there is a hardship because he needs money to keep his residence in good repairs. August 1~, 1972 - cont. Three abutters were present: Mr. Cronin, Merrimack St.; Mr. Breen, Merrimack St. and Mr. Maxwell~ Garden Street. They were concerned that Garden Street would be extended; it presently ends at the Maxwell property~ the remaining area is a large field. The petitioner requested that he be considered under Section 6.1 of the new Zoning By-Law. Mr. Drummond made a motion to take the petition under a~visement; Dr. Beliveau seconded the motion and the vote was unanimous. 3. HEARING: Melvin L. Weiner Dr. Beliveau read the legal notice in the appeal of NEININ L. WEIN~ who requested a variation of Section 6.51 of the Zoning By-Law so as to permit the division of land in an Industrial "S" District to form lots having less than the required area and frontage, on the premises located at the south side of Sutton Street and known as Rear 221 Sutton Street. Att. Harold Morley, Jr. represented the petitioner, who was also present, and Perley Rea, the prospective purchaser of the property. He explained that they want the land divided as shown on the plans, and that Perley Rea proposes to build a trucking terminal on parcel B; they want to allow the use of parcel "B" by using the proposed right of way. They could use Perley Road for access, but it doesn't make sense to do so and they don't want to use it. The lot contains 2.2 acres but does not have frontage on a public way. Several abutters spoke in opposition: William Kruschwitz, owner of Meadowbrook Laundry~ Stanley Gurka, 15 Thorndike Rd.; William Bamford, Thorndike Rd. They complained of the noise, smell of deisel fuel, dust, pollution, etc. from the trucking terminal presently operating there. Letters were received from the Planning Board and Building Inspector referring to Subdivision Control Law require- ments applying to this petition. Dr. Beliveau made a motionto take the petition under advisement; Mr. Drummond seconded the motion and the vote was unanimous. HEREFORD CORPORATION: A request for earth removal permit renewal was received from Atty. John Willis representing Hereford Corporation for the pit on Boxford Street. A report was received from the Building Inspector which stated that they are meeting all of the conditions set down by the Board. There is a continuous bond which is still in effect. Mr. Drummond made a motion to renew the permit; Mr. Serio seconded the motion and the vote was unanimous. August 1~, 1972- cont. CHRIS ADAMS EARTH REMOVAL: A written request was received from Chris Adams for renewal of his earth removal permit. There is a continuous bond in effect. The Building Inspector will be requested to report at the next meeting on the present status of the pit. WATSON EARTHREMOVALRENEWAL: Mr. and Mrs. Watson were present. present. Mr. & Mrs. Cohen, abutterst were also Mr. Watson showed a plan of the area involved which shows that he is making a large pond in the area. It will not go close to the access road; it will be about 150-20Ofeet away. Mr. Cohen said he owns about 90 acres in the area and he is complaining because part of his stone wall was broken down by Watson during the excavating process. Mr. Watson showed the area in red that is all cleared. He has taken lo~m off; sold some and stored some. Mr. Arsenault pointed out that one of the conditions of the permit is that loam is to be stored and used on the stripped land. He said the Board would like to see a plan of what the area is going to look like. Mr. Watson said he will make up a plan showing this. Mr. Watson said he would keep 75 feet away from Cohen's land; to which Mr. Cohen was agreeable. The road would be 25 feet from the stone wall. The Board will view the premises on Sunday morning at 9:00 A.M. The Board feels that the amount of the bond should be increased and that 6" of top soil should be required. The Board then discussed the hearings held earlier in the evening. 1. Richard Abel. Mr. Drummond made a motion to DENY the variance; Dr. Beliveau seconded the motion and the vote was unanimous. The Board could not find that there were any conditions uniquely affecting this lot so that a hardship would result to the petitioner should a variance be denied. The lots were available for use with the existing structure on the adjacent lot owned by the petitioner. 2. Melvin L. Weiner. Dr. Beliveau made a motion to DENY the variance; Mr. Drummond seconded the motion and the vote was unanimous. The Board found that there was no hardship to the petitioner as the result of the denial of the variance. The meeting adjourned at 10:30 P.M. ~ Arima Oonahue) Chairman Secretary