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HomeMy WebLinkAbout1976-02-14February 14, 1976 - Saturday SPECIAL MEETING The BOARD held a Special Meeting on Saturday, February t4, 1976 at 9 A.M. in the Town Office Meeting Room. The following members were present and voting: Alfred E. Frizelle, Vice-~hairman; Louis Di~h-usoio; Sa~es D. Noble, Jr.; Walter Jamitkowski; Stephen R. Doher~y; and Ralph R. Joyce. Frank Serio, Jr. arrived later for Hereford matter. Nessers Geo. ~rk~s, Lincoln Giles, Normand Marois, and Atty. John J. Willis, Sr. were present. MERRIMACK VALLEY NEDICAL CE~: (Frizelle, J~mitkowski, Noble, Doherty, DiFruscio) The attorney for the petitioner took two approaches in his memo to the BOARD as follows: 1) the building is a public building, an aduc~ion~l facility by including a room for this and an allowed use within the R-5 District; cited Sec. 4.11 (3); felt they would not require a Special Permit inasmuch as it is a permitted use; 2) the 50 ft. setback is not rec~uired at the N-E corner and felt they could utilize the total property. The BOARD reviewed the plan ~gain and discussed the various questions regarding parking, etc., whether or not they could shift the building forward; reviewed Sec. 9.31, condi- tions for approval, and Mr. ~zelle felt that it should be treated as a.new Special Permit on its own merits. Mr. Jamitkowski said he would go with the idea that it be a medical building only. Mr. F~zelle brought up the comment by the Nass. Dept. of Public Works regarding driveways onto State highways. Mr. DiFrusoio voiced grave concern for the traffic problem in this area andm~de a motion to deny the Special Permit. Mm. Jamitkowski seconded and the vote was as follows: Messers Di~ruscio, Doher~y and Jamitkowski in favor; Messers Noble and Frizelle opposed. The motion carried and the permit was DEED. GEORGE PARKAS: (JOYce, Jamitkowski, Frizelle, DiFruscio, Noble) The BOARD members noted that there was no zoning map in 1942 and referred to the 1943 By-Law. ~ollowing a shor~ discussion Mr. Joyce made a motion that the BOARD recognize that ~. ~arkas has a legally non-conforming use under the Zoning By-Law. Mr. Di~rusoio seconded and the vote was unanimous. HERE~OP~: (Serio, Frizelle, Di~ruscio, Noble, Jamitkowski) A discussion took place pertinent to the submittal of ~n attorney to represent the Board. Mr. Dil~uscio made a motion to reconsider and Mr. Frizelle seconded. The vote was unanimous. Ralph Joyce explained just what a declaratory judgment would do on the basis of Arnold Salisbury's decision - it was a m~tter of law. A motion was made by Mr. ~rizelle to submit Mr. Joyce's and Mr. Arsenault's name to the Selectmen as counsel for the Board of Appeals. Nr. ~amitkowski seconded and the vote w~s unanimous. The meeting adjourned at 11:45 A.M. ~ Chairman / Gilda Blackst ock