HomeMy WebLinkAbout1973-07-09 The BOAED OF ~ met on Monday evening, July 9, 1773 at 7.'30 P.M. in
the Town Off~e a-4~_a<~-= n.e~.~--' room with the follo~__~ umbers present .a~,
voting: Frank S~rio, Jr., Chairman; Dr. Eugene A. Be!i. veau, Clerk; Arthur H.
Dr~u~i, Vice Chairuon; ~4~l~an N, Sal, emme and Lo.uis DiFrusci0; and Associate
Member ~*r~i E. Frizellet Esq.
There were 1~ people prase~t. ~or the meeting.
1. HEARI~: Hrs. Ruth E. ~.
.Dr. Beliveau read ~ho legal notice in the appeal of Ruth B. Tiunoas who
requested a variance u~ier Section 6.2 of tho Zoning By-Law so as to perut% to
be subdivided into two lotst a three 'acre parcel having less than the required
froatage for tM lcts; loeeted at the 8outhorly side of Dale Street a~d kmmm as
203 Dale Street. (A.M. Fri~elle eat ia place of ~r. Drummond).
Atty. Harold Horley, Jr. represented the petitioner and explained that this three
acre parcel of land was p~rchaeed nan~ years ago and that now tho petiti~er's
son ~ald l~ke to build. This is an unus--~y shaped lot in that it contains
three acres but does not con%sin sufficient froAtage to uoet tho ,~ requ~
monte, They tried to obtain lend fron an adjoining abutter, Kittredge, ia order
to provide sufficient frontage but wore unable te do 8o. Tho present .driveway
would provide the access to the second lot. The petitioner would be agreeable to
as~ conditions that the Board might place. ~r. Ted Peterej an immediate abutter,
was ia favor of tho petition. Bldg. ~usp. Charles Foster also spoke in favor of
tho petition. Hrs. Tt~mon~ 8aid she would ~4~e tho Board to grant the variance
8o that her son could b,,~ d hi8 home near her and help her to take care of tho
proper~y. Thoro was no opposition.
Hr. Serio read tho p~u~4w2 Board letter which stated that they consider this a
subdivision and should ge before them.
After soue discussion, Hr. DiFruscio made a notion to Cd~HT the variance subject
to certain conditions; Hr. Saleune aseonded the notion and the vote was unoniaous.
The conditions are:
1. That the frontage of the lots be 75 feet.
2. No further subdivision of these lots will be made.
3. Tho vacant lot is to be conveyed to Janes ~--~--ono and the house is to be hel{lt
in the middle of tho lot as specified.
The Board found that under section 6.2 of the Zoning ~-Lae, a ~w~mUB Of 75 feet
frontage can be A~lowed and by divifl4u~ the lamd in this way tho petitioner would
be a~wed tho use of her land as requested.
2. Continued Hearing: N.A. Skating Club, Inc.
The five regular members sat on this petitina.
Atty. Stophon and ,trk
As a result of tho on-site view of tho area and dissuasion at th~% time, Hr.
Salemue made a motion to GRANT the Special Peruit subject to conditions; Hr.
DiFruscio asem~ed the motion and the vote was unanimous. The conditians are:
1. A 300 ft. southbound de-aceelerati~ lane.
2. A tra~itien intersection pavemeet of Nillew Street.
A southbound east ~urn storage lane of 300 feet.
A northbound west turn storage lane of 300 feet.
5. ~.~-Ate passing lame (1200 ft.).~
6. Replan W~l~w Street to ~O ft. layout (5~0 ft.)
7. L~t~ for ~ et~rage lau~ (lZO0 ft.)
8. Blinker at ~l Street northbeusd amd Nillee Street weuthbeund.
9. Low profile inland (approx. ~" high), with #Xeep Right# and 'Step"'~iges,
all on to~n property.
10. Nillo~ Street must he level with Rte. ~l~. for at least 60 feet fro~ the edge
of Rte. 11~.
11. N4~ Street must be a paved surface of at least 32 ft. wide with dr=_4-;,
etc. to neet existing to~n requirements a~lnuet he maint-4ned by the petitioner
t~ the entrance of the skating facility.
12. per~n~ is to be as specified'on the p~.a amd is to be increased as the seating
capacity is increased, ~n accordance with the Zoning By-Law.
Under Section 9.31, #Condition for Approval of Special Per,it~, the Board found that
in its Judgment all of the folloeing cenditi~ are met~
(a)
(h)
(c)
(d)
~he specific site is an appropriate location for s~ch a use, structure or
conditions.
The use as developed will not ad~eroe~y affect the neighborhood.
There ~ill be ne nuisance or sm'~i..ous hazard, to vehicles or pE~l~striw si~ce
the petitioner must also get state approval for access te Rte. 11
Adequate and appropriate facilities ~ be provided for the proper operation
of the proposed uae.
Lengthy discussion ~as held on the conditions placed. The Board agreed that if the
~tate says no to a~ of the conditions that ere under their Jurisdiction
Board ~ reconsider those certaiu conditic~. The~Selecta~n had stated that they
would suppor~ anything that the Board decided on.
A "Notice of Appeal" ~as received by the 2eerd. Albert Coates mad ethers are
appealing the issuance of a b,~_~n; per,it by Charles H. Foster, Bldg. ?w.p., for
152 To~nh~uas units on the Stevens ~ property. A hearing ~ be held by this
Board on W~day evening, July 30, 1973 at 7:30 P.~. in the Te~n Office ~,~a~n~.
~r. Dmmmmad =~de a notion te ~RA~T the variancel ~r. Friselle seconded the
motion and the vote was UnJnfLBOUS.
x97 - no ,
The Board reviewed ~he Assessor's plet plaa a~d found ~ha~ ~he varia~ee ~uld n~
be ia substaatial derogati..ea frc~ the im~eat and p~e of .the Ze~mg BF-Law.
That it ~uld not adversely affect the neighborhood; indeed, it would be~
i~prc,~e~t since the lot ~ould Be upgraded fr~a its present unsigh~Xy ce~di%ion;
That it is not too great a dev$. ati~ froa the zeaing require~eat~ simee there are
~ other lo$$ siailar in size, or s~aller, ia the geaeral area. It weuld be a
hardship to the petitioner if she ~ere not alleged to ~tilize her preperty.
~ CO~P. EA~T~ ~AL,
A request, for rez~ml of t~ e~h ~ ~t w~ ~c~ f~ H~o~
Co~ati~. ,
The ~g ~ct~ ~ ~ r~est~ to ~ct ~he ~s~ ~ ~ to the
~ at its ~ re~ a~t~'
The ~eetiag adJouraed at 10,00 P.M.
Secretary