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