HomeMy WebLinkAbout1977-05-099, ~977 - Monda~ ~
Regular Meeting
The BOARD O~ APPEALS held a regular monthly meeting on Monday evening, Nay 9, 1977
at 7:30 P.M. in the Town Office Meeting Room. The following members were present and
voting: Alfred E. ~rizelle. Vice-Chairman; Louis Dil~ruscio, Clerk; James D. Noble, Jr.;
Ralph R* Joyce; and Assoc. Member, Sandra ~-~oe.
There were 8 visitors present.
PUBLIC ~r~WINGS:
'The Clerk read the legal notice. Mr. Frizelle read a letter from the Building
Inspector dated May 9, 1977 which gave a status report of the present earth removal
operation and recommended renewal. Letter from the Plm. ning Board dated Nay 6, 1977
was also read. Mr. Rea told the BOARD that he is working in the same area as
previously and will probably be there quite a while yet.
There was no opposition.
Ralph Joyce made a motion to continue the permit. Notion was seconded by Mr. Noble
and the vo~e was unanimous.
2. MONANAN MANAGI~NT CORP. (Maggie's):
The Clerk read the legal notice. Atty. Herbert L. Schultz, 430 Canal ~., ~nce
~presen~ed ~he applic~t. ~. M~ ~d ~. ~l~as. e~neer, were also p~sent.
Mr. ~l~as showed a color sche~tic of~e propo~l ~d ~old ~he B~ members t~
the shape of the lot would pre.n2 ~her e~si~ ~thout the ~tiM of a
v~i~ce. ~. No~ see~ ~ vari~ce ~ ~c. 6.3 ~d ~ble 2 of ~he Z~g ~-~w.
Mr. ~ltz info.ed 2he ~ ~ N~ ~ Leg~ul~ ~s ~ed a ~ri~Ce bu~
~cen~ly failed to c~ply ~th ce~a~ re~iremen~s of the Health B~rd ~d ~t ~.
Non~ p~hased the prope~y ~w~e of ~he proble~ t~t e~s~. Since t~2 ~i~,
N~ has put a ~bs~timl ~ of m~ey ~to the prope~y ~o bring it up ~o
the Code remitments. ~e relief specifically s~ht ~s the ~2~ set.ck.
~e new ad~2ion would ~ 7 ~. fr~ ~he lot line ~d the re~ ~ a slope fr~ ~10 ~.
from the lo~ line. Bo~h ~he r~r ~d fret additions ~ ~hin She previ~s limits
set by ~he B~ ~u ~i~ a ~ri~ce ~k in 1969. ~e de~al of ~s re~es$ w~ld
create serious fi~cial ~ip to the petitioner. ~e. ~si~ ne~ed is 2o c~
the ~ilding c~fi~ti~ to mo~ ade~ely hel~ him ~o c~ly ~h ~he Code re~re-
men~s. ~ere is ade~e p~king (64) spaces, 2he in.ess ~d e~esm ~o the ~bject
p~el ~11 no~ be affected, ~d the e~nsion involved is ~o ~he 2~e of $100,~.
~ically. ~id ~hultz, ~ ~ a~ ~he B~ to hel~ us bring ~he facility up to
~he Code re~m~ts. ~ey ~s~ install a new septic 'system ~d the ins$~la$i~ of
~his system ~11 help them to mo~ ~e~ely me.ce the ~lding; the~ is p~sently
a close to o~rlo~ ~paci~y.
Mr. Nonaha~ said that the interior of the building should be brought up to standards,
especially the kitchen (fire walls, etc.), wider doors at egrees, wheel chair ramps,
public bathrooms - the septic system was supposed to be corrected m.~y years age but
was never carried out. Also, ~upposed to be done at ~he time of sale, but was no%.
We have been doing alot of electrical work and all these items to be taken care of
will be able to be accomplished with the increased sea~ing capacity because of the
debt I have with the ba~. With the pla~ed addition and the a~tempt to correct all
these deficiencies we have to go ~othe bank for additional funding but i~ has to be
Ma~v ~, 1~77 - cont.
shown that sufficient cash can be generated to pay for it. 180 seats will be maximum.
Mr. Gelinas went into the hi~tory of the parcel - Legault was supposed to install a
new septic tank and leaching field. There had been 5,000 s.f. installed, in 1972
but was never implemented by Mrs, Legault and since that time the Board of Health has
written her several times. Felt that the improvements on the property fell into two
different categories, there needs to be an enlargement of the present facility to con-
form to the Building Cede and they are asking for a 2400 ft. increase in space in the
building.
George Barker, abutter, asked for the present size of the building - 2,000 s.f. Mr.
3chultz stated that they have a 5 year lease with a 5 year option with the State.
Mr. Frizelle asked ~hat would happen if the BOARD did not approve this variance. Mr.
Schultz answered that he supposed Mr. Nonahan would run into a serious question as to
whether or net he could continue the operation.
Mr. Joyce noted that 35% of the parking is going to be on the leased property and asked
if they could not go in the back. Mrs. Munroe asked why they had to almost double the
size of the Building - Atty. Schultz answered, to comply with the Cede.
OPPOSITIC~: George Barker, Osgood St. abutter, stated that he appreciated what had been
done to' improve the appearance of the property in putting up a fence h~ever, to double
the size of the facility on the present lot is going to appear as a monstrosity and
would not be pleasing to ~he eye or operational.
Letter from. Planning Board dated Na~ 6 was read.
Charles Foster, Bmilding Inspector, informed the BOARD ~b~t Naggie's has been a problem
in the past, it was more or less a hodge-pedge added on to through the years. With
the increased requirements of the new Building Code there are problems. We had issued
a permit after inspecting the premises and Mrs. Legault was always making promises
that never materialized. He mentioned that he had not seen the finalized plans. The
exits, he said, were sufficient but were in poor location, the wiring was old, the
toilets have needed up-grad~-g for many years, tie stated that he was happy to see some-
one trying to up-grade the antiquated facility and, unfortunately, they need a variance
tO dO so.
Mr. Dil~ruscio made a motion to take the matter under advisement. Mrs. Nunroe seconded
and the vote was unanimous.
SUTTON INDUST~TAL PARE - ~ PLANS: A note was received from Atty. John J. ~illis,
Sr. and read, Charles Foster noSed that the plan ~so didn't have a surveyor's stamp
on it in' addition to the absence of a signature block. Will it have to be recorded at
the Registry of Deeds? Without the plan filed there would be no notice for anyone
researching the property. The BOARD a~d to take the matter up at the nex~ meeting.