Loading...
HomeMy WebLinkAbout1973-01-15Monday - January 15, 1973 Regular Meeting- 2 Hearings The BOARD OF APPEALS held its regular meeting on Monday evening, January 15, 1973 at 7:30 P.M. in the Town Office Building meeting room with the following members present and voting: J. Philip Arsenault, Esq., Chairman; Dr. Eugene A. Beliveau, Clerk; Frank Serio, Jr. and Associate Members Louis DiFruscio and William N. Salemme. Everyone was deeply saddened by the death of Member Kenneth E. Pickard on January 1, 1973. He was a valuable member of the Board and will be greatly missed by all. There were 15 people present for the meeting. 1. HEARI~G: William J. Clancy, Jr. Dr. Beliveau read the legal notice upon the appeal of WILLIAM J. CLANCY, JR. who requested a variation of Sec. 6.3 of the Zoning By, Law so as to permit the erection of a dwelling closer to the side lot line than is allowed by the Zoning By-Law; located at the north side of Brentwood Circle, approx. 600 feet from Great Pond Road and known as Lot ~3, Brentwood Circle. Mr. Clancy appeared on his own behalf. He explained that when he purchased the lot he did not realize that the land tapered from 150 feet frontage to 103 feet. Ne tried to modify his house plans to meet the setback requirements but was unable to do so. He tried to set the house at an angle but it st111 wouldn't fit. He had already invested alot of money for the house plans and the lot and feels that it is a hardship that he is not able to fit the house on the lot because of its unique shape. He explained that because of being in the watershed area, he can only place the septic tank and leaching field in a certain area in the front of the house, so that the house is set back 70 feet from the front. Also, there are two large maple trees in the front that he does not want to remove. He said there are only angles and corners of the house that do not meet the set- back requirements, because he has tried to place the house in the best way possible. Other lots in the area do not have this problem. No one else spoke and there was no opposition. Mr. Serio made a motion to take the petitionunder advisement; Mr. Sale,wee seconded the motion and the vote was unanimous. 2. HEARING: Frederick R. White. Dr. Baliveau read the legal notice upon the appeal ofFREDE~ICKR. WHITE who requested a variation of Sec. 6.1, 6.2 and Table 2 of the Zoning By-Law so as to permit the conveyance of one of two adjoining lots; both owned by the petitioner, both havinghouses thereon and each lot having been conveyed sep- arately to the petitioner; located at the north side of Dale Street and known as 240 and 242 Dale Street. Atty. Thaddeus Palys, 301Essex St., Lawrence, represented the petitioner. He explained that this is a unique situation. The plan shows two parcels of land. Originally, they were not in single ownership. The petitioner's father purchased one lot in January of 1954 and deeded the other lot to his son, the petitioner, in November of 1954, so that from 1954, parcels A & B were in~ separate ownership until April 21, 1972 when the father placed parcel A into the name of the peti- tioner so that he now owns both parcels. Two houses have been on the lots since January 15, 1973 - cont. 195&. The petitioner wishes to sell parcel "A" with the house. There is no land available for combination. There will be no changes in the lots; they Just want to convey parcel "A" without arC problems.. There would be a hard- ship because there would be a single lot with two houses upon i~ if the variance were not allowed. This would not be detrimental to the intent of the Zoning By-Law. Mo one else spoke and there was no opposition. Mr. Serio made a motion to take the petition under advisement; Dr. Beliveau seconded the motion and the vote was unanimous. 3. PHILIP A. CAHILL: This hearing had been carried over from last month's meeting, (Dec~ 11, 1972) Atty. James A. Glynn, Jr., representing the petitioner, presented complete plans of the lay-out of the proposed two apartments and a plot plan showing the present and proposed parking areas. He pointed out that Special TownMeeting action on December 18, 1972emended'the Zoning By-Law having to do with this particular section on conversions. Under the new proposal he would comply and would not need these variances; however, he feels it would be best to continue on as originally requested rather than wait for the Attorney General's approval. Member ArthurDrummondwho sat on the original heariug was not Present this evening, but Atty. Glynn said he would go on with four members voting. He explained further that there would be no exterior structural changes. The plot plan showed the hot-topped area and parkimg ~or 3 cars. As soon as the weather permits, they will hot-top another area for ~ cars and with off-street parking inthe front, there willbe 9 parking spaces provided in all. Mr. DiFruscio made a motion to GRANT the Special Permit and the variances requested; Mr. Serio seconded the motion and the vote of the four members that sa% on the original hearing was unanimous. &. TROMBLY TRANSMISSION TOWER PETITION: Atty. Charles W. Trombly, Sr. had requested reconsideration of the Trombly transmission tower petition that had been denied by the Board. However, since Member Arthur Drm, mond was not present, he requested that it be reconsidered at a meeting when Mr. Drummond would be present. 5. WATSON EARTH REMOVAL: Mr. Robert Watson was present and distributed copies of the new.plans to the Board members. Chairman Arsenault explaiued that the original permit showed an area less than the new plans and that Mr. Watson wanted to extend the area and make a lake and the .Board required that new plans be presented to shew the area. The Board members and the Bttilding Inspector had viewed the area. The present bond of $10,000 seems to be sufficient for the project. The Board wants the Building Inspector to examine the plans and get an opinion from him. January 15, 1973 - cont. Mr. Watson said there is a 70ft. road partiall.y around the lake area, whichwill eventually go completely around the lake. He has three stockpiles of loam which would be sufficient to have the slopes loamed. Ne thinks that the project will take approximately 5years. He said the project is about 30%complete. Discussion was held as to how a bond could b$ enforced if a project was left unfinished. The plans will be shown to Member Drummond and the Building Inspector and a request that the Building Inspector make a report to the Board before a vote is taken on renewal of the permit. ADDITIONAL RULE~ & REGULATIONS TO BE ADOPTED: Planning BOard member Don Keirstead discussed with the Board members the guidelines as set out in the Master Plan, for the Board of Appeals to adopt for applications for subsidized housing under Chapter 77~. Chairman Arsenault said the Board would adopt the guidelines as set out in the Master Plan. Atty. John Willis asked if there should be a public hearing on the adoption of any rules and regulations made bytheBoard. Chairman Arsenault felt that only a vote of the Board was necessary and a filing with the Town Clerk. Member Serio suggested getting a ruling from Town Counsel. Mr. Keirstead also suggested that the Board consider adopting the regulations of a suggested motion that the Planning Board was going to make at the Special Town Meeting relative to the conversion section that was emended. The suggestion had to do with applications for permits to convert and what the application should contain. The secretary will make copies of this and mail them to the members for study. This matter will be discussed again at the next meeting. APPOINTMENTS TO BOARD: Selectman Guthrie informed the Board that Associate Member William Salemme had been appointed by the Selectmen this evening .to fill the unexpired term of Kenneth Pickard. Alfred E. Frizelle, Esq., 131 Appleton St., was appointed to the Associate Member term of Mr. Salemme. TEKLAKURYCKIPETITION: The original hearing for this petition was held last month on Dec. 11, 1972 and was continued to this month pending a report from Mr. Drm, mond as to the sewer facilities in that particular ar~a and more information relative to access from Franklin Street to Chickering Road. A letter was received from the petitioner's attorney, Edward J. Nantoski, informing the Board that he was unable to get specific answers from the State relative to access from Franklin Street to Chickering Road. January 15, 1973 - cont. Since Member Drummond was not present, the Board was unable to receive a report from him as to the sewer facilities. After some discussion, Chairman Arsenault felt that if the petition was granted that certain conditions could be placed upon the special permit; such as, allowing only single family homes, providing sewer and water, putting gravel on the roadway and make the condition similar to the way Allen Street is finished. This matter wiLl be voted on next monthwhen Member Drummond will probably be present. The Jaycees are preparing for a second "Know Your Town" and have sent a letter requesting participation of various Departments, Boards, etc. This Board will participate and will so inform them. This event will take place on April 8, 197~. The Board then proceeded to discuss and vote on the hearings held this evening. 1. CLANCY. Mr. Serio made a motion to GRANT the variance with the condition that the leaching field be plaCed~ where it was indicated by Mr. Clancy; Mr. DiFruscio seconded the motion and the vote was unanimous. 2, EYE. Mr. Serio made a motion to GRANT the variance; Mr. DiFruscio seconded the motion and the vote was unanimous. The meeting adjourned at 9:00 P.M. Chairman 6ecretary