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HomeMy WebLinkAbout1972-12-11Monday- December iii 1972 3 Hearings The BOARD OF APPEALS held its regular me~ting on M6nday evening, December 11, 1972 at 7:30 P.M. in the To~n Office Building with the following members present and voting: J.:Philip Arsenault, Esq., Chairman; Dr. Eugene A. Beliveau, Clerk; Arthur R. Drummond, Frank Serio, Jr. and Associate Member Louis DIMruscto. The meeting was adjourned to the Fire Station meeting room because there were more than 50 people present for the meeting. 1. HEARING: Bruno J. Falanga. Dr. Beliveau read the legal notice in the appeal of BRUNO J. FALANGA who requested a variation of Section 6.2, Table 2 of the Zoning By-Law so as to permit the division of a parcel of land into two lots, both having the required area, but one lacking approx. 8 feet of the required 150 feet frontage; located at the east side of Johnson Street, approx. 200 ft. from the corner of Mill Road and known as 808 Johnson Street. Mr. Falanga appeared on his own behalf and explained that one lot lacks 8 feet frontage but hasl.2 acres and the other lot meets all of the zoning requirements so that he is seeking a variance for the,lot lacking the 8 feet frontage. Robert Gundal, 777 Johnson Street; Kenneth Claus, 795 Johnson St.; Martin Velishka, Johnson St.; all abutters to the property, were concerned because there is a drainage problem in the area. Mr. Falanga said there is enough area so that there shouldn't be any problem as far as drainage goes. There are other lots in the area lacking frontage so that he felt he was not asking for too much. Dr. Beliveau made a motion to take the petition under advisement and that the Board would view the premises; Mr. DiFruscio seconded the motion and the vote was unarAimous. 2. HW_~RING: Tekla Kurycki. Dr. Beliveau read the legal notice in the appeal of TEKLA KURYCKT who re- quested a special permit under Sectioh 6.8 (2) of the Zoning By-Law so as to permit the combination of several small lots of land into three, lO,O00 square foot lots, each having 100 ft. 'frontage; located at%he north side of Franklin Street at the corner of Allen Street. Atty. Edward J. Nantoski represented Mrs. Kurycki. He explained that the prop- erty was purchased &8 years ago, at which time small lots were allowed. It is proposed to combine the six lots into three lots, each containing 10,000 sq. ft. and lO0 ft. frontage. It conforms with other lots in the neighborhood. Mrs. Kurycki's granddaughter and her husband are planning to build a house on lot ~1. James Hurrell, an immediate abutter, said he was not opposed but that he is con- cerned as to whether or not they are going to connect to the sewer since the area is too wet for a septic system. Mr. Nantoski said they will tie into the sewer and water, whichever way is most feasible and connection could be made from all three lots. Mr. Hurrell asked that if the variance were granted, could that be made a coudition of the decision. December Il, 1972 - cont. Mrs. Arsenault, also an abutter, asked who would finish the streets, since both Allen and Franklin Streets are paper streets. Mr. Nantoski said there is not a curb cut at Chickering and Franklin St., but they can come in from Allen Street and Russell Street. Mrs. Arsenault said the state won't allow access from ChickeringRoad. Mr. Nantoski said he will try to get answers as to access and notify the Board. He stated he would be agreeable to the Board adding any conditions they deem necessary and that they plan to supply sewer and water anyway. Chairman Arsenault asked if they plan to pave the street. Mr. Nantoski said Allen Street is a dirt road and that this road will be the same. Mr. Hurrell said he is concerned as to the water and sewer because he resides at the lower end of the lots and the field drains onto his property and there is presently a water problem because there is no storm drain in the area. Mr. Nantoski said it would be hardship to the petitioner if each of the abutters want things done and conditions made. He said there are no immediate plans to build on lots 2 & 3. Dr. Beliveau asked if he would agree to the following conditions : 1. To make Franklin Street a dead end with no access to Chickering Rd. 2. Install sewer and water. 3. Gravel the road. A. Provide storm drain opposite lot ~3. Mr. Nantoski said these points are not before the Board - they are asking for a special permit. He said he will try to get an answer as to access from Chickering Road. Mr. Drummond made a motion to take the petition under advisement; Mr. DiFruscio seconded the motion and the vote was unanimous. 3. HEARING: Philip A. Cab_ill Dr. Beliveau read the legal notice in the appeal of PHILIP A. CAHILL, who requested a variance and special permit under Sec. ~.122, para. 14, a, b, & c of the Zoning By-Law so as to permit the conversion of a two-family home into a three-family home by altering the first floor apartment into two apartments; located at the west side of Waverly Road and known as 157-159 Waverly Road. Atty. James A. Glynn, Jr. represented the petitioner and explained that a variance had been granted by this Board to the previous owner for the subdivision of land so that the frontage of this particular lot has already been varied. He is re- questing the conversion of a two-family dwelling into a three-family dwelling. The second floor dwelling unit is occupied. The proposed two dwelling units on the first floor meet the area requirements. The house is over forty y~ars old and has water and sewer facilities. He would like to vary the section calling for archi- tect's plans because this is such a small conversion, it would entail great expense to submit architect's plans and submit builder's blueprints of the conversion in- December 11, 1972 - cont. stead. He is asking to vary C.2,b relative to the width of the roadway because there is not enough area to meet this requirement; also to vary ~. c&d relative to parking area, because this is such a small conversion. He feels there are several paragraphs of this particular section of the By-Law that apply specifi- cally to large conversions and would not apply in this particular case. They will provide a parking area and will hot-top it. Several abutters were present and were in favor of the petition because he is doing a good job of beautifying the house and they need more like that in the area. Mr. Drummond made a motion to take the petition under advisement. There was no second. Atty. Glynn asked if the Board could make a conditional ruling on the require- ment of architect's plans this evening and then he can come in with builder's blueprints of the conversion and show the parking area on a plot plan. This was why he did not have complete plans with him this evening. Dr. Beliveau made a motion to continue the hearing to the next meeting. Chairman Arsenault said that the members want to see the plans before any deciSion is made. We would require a builder's plan to scale showing the present structure and where the new apartments are going to be and a plot plan 6f the land showing the parking area and where it is going to be paved. Dr. Beliveau then made the motion to continue the hearing and the petitioner shall bring in proper plans at next month's meeting. 'Mr, Serio seconded the motion and the vote was unanimous. CORRECTED PLANS FOR STEVENS MILLS CONVERSION: Atty. John J. Willis spoke to the Board about the corrected plans that had been submitted to the Board as was required by the vote of the Board on Nov- ember 13, 1972. Chairman Arsenault said he is prepared to help the Board with writing the decision even though he did not vote in favor of the petition; this is a matter for the Board to decide. Mr. Willis submitted a draft decision to the Board, stating they do not have to go along with it. Chairman Arsenault suggested that the Board members go over each section of the By-lawand see if the petitioner complies. He asked the other members if the plans were in compliance with what was requested. Member Serio noted that parking was shown on the area that was to be added to the original area and to be left vacant. Mr. Willis said they needed parking area to comply with Zoning By-Law requirements; they could probably relocate the parking if it was necessary. Mr. Serio said he ~ould like to see that parking area taken out. He also suggested adding another condition that the roads would never be put up for acceptance by the town, that they will always be maintained, plowed, etc. by the petitioner; and that recreation areas shall be provided and December 11, 1972 - cont. that a suitable bond be filed with the town for that purpose, probably in the amount of $25,000. Dr. Beliveau stated he is not going to sign anything until after the special town meeting and he sees what action is taken at that time. If the special town meeting takes out the conversion section, then he will not sign anything. Atty. Willis said that member Beliveau cannot do this$ the only thing he can do is ask for reconsideration. The records show a ~-l vote of the Board and the plans should be signed. He doesn't think the Board can change now. The statute says there must be a decision within 60 days, which will be up on ~hursday or Friday of this week. Chairman Arsenault said the question is whether or not the Board is willing to sign these plans this evening. Member Beliveau said that the plans show a 71% and 29% ratio and the Board required 70%- 1 bedroom and 30%- 2 bedroom. Mr~ Willis said he had met with the neighbors and abutters and they came up with 128- i bedroom apartments and 16 - 2 bedroom apartments; it could be written into the decision. Member Beliveau said that he doesn't feel that the Board of Appeals should have greater power than town meeting. If it is defeated at town meeting then he will ask for reconsideration. He also brought out that this parcel of land had been offered for sale in the Boston paper. He said there is no fire lane shown at one end of the building. The building is 55 feet high, which is over the 35 foot height limitation in the Zoning By-Law. Fireproofing of the first, second and third floors is required. Mr. Serio suggested that they postpone signing the plans until after town meeting. Atty. Willis asked for a clarification from the Board as to whether or not a decision was made on November 13th. Chairman Arsenault said that until there are four signatures on the plan, a written decision cannot be filed with the Town Clerk. NOREN REALTY_: Mr. Marino, Mr. Regazzini and Mr. DiNatale appeared before the Board relative to their earth removal permit on Holt Road. Chairman Arsenault explained to them that the new Zoning By-Law changed the lot size requirements in the area in which they are located. Mr. Marino explained that to date, approx~i2/~ of the work is done, up to the fourth lot and he thought the purpose of this meeting was to show hardship and ask for a variance. Chairman Arsenault explained that he should get a variance up to the fourth lot and make the last two lots comply to the present zoning. December 11, 1972 - cont. Mr. Marino said he would like to do this and asked that if the variance is allowed would he have to meet the setback requiremeuts of the larger lots. Chairman Arsenault said he should prebably come in soon and get a variance showing the three lots and asking for sideline and setback requirements conforming to the old requirements. The secretary will mail him the necessary application forms. WATSON EARTH REMOVAL: The engineer that is makinE the plans for the Watson earth removal project telephoned the office in the afternoon to say he would have the plans ready for the Board for the January meeting. A letter will be sent advising him that the Board has granted an extension for filing the plans to January 15, 1973. ~SOELLANEOUS MATTERS: A letter was received from the Planning Board relative to the state statute Chapter 77~ having to do with housing and relative to the conversion section of the Z~ning By-Law. The Board referred to the Master Plan for the suggested regulations of the Board of Appeals upon applications under Chapter 77~. Discussion was held on this. Dr. Beliveau made a motion to adopt the rules and~regulations as set out in the Master Plan,~ with minor additions as discussed. The secretary will prep~e the rules and regulations for adoption at the next meeting. STEVENS MILL PETITION: Chairman Arsenault said he would write the decision and that he wants every member present when he does. ~Dr. Beliveau said he would like to restrict the special permit to Gaffny alone and also have a fire lane shown. Mr. Arsenault said that whatever is to be done should be done by a certain date. The Board will meet on Tuesday afternoon, December 19th, at 3:00 p.m., the day after special town meeting, and draft the decision. DAVTS & FURBERMACHINE CO.: A letter was received from the Building Inspector relative to an alleged violation by Davis & Furber Machine Co. Mr. Foster was present and explained that the Planning Board and Board of Appeals had denied Davis & Furber permission to divide the property between Elm and Church Streets, fronting on Water Street. Davis & Fnrber sold the corner lot, containing the store, in violation of the Board's decision, to a Mr. BeParis. He wanted the Board to be aware of the situation and said he is awaiting an answer from Davis & Furber and will then confer with Town Counsel as to how to'remedy the situation. EURYCR~IPETITION: The Board did not vote on this petition. Mr. Drummond will check on the sewerage facilities in the area and report back to the Board at the January meeting. The meeting adjourned at 10:30 P.M. Chairman Secretary