HomeMy WebLinkAbout1978-01-09Monday - January 9, 1978
1 Public Hearing
The BOARD OF APPEALS held a meeting on Monday evening, January 9, 1978
at 7:30 P.M. in the Town Office B~ilding meeting room ~ith the following members
present and voting: Alfred E. Frizelle, Acting Chairman; Louis DiFruscio, Clerk;
Ralph Joyce and Associate Member Sandra Monroe~ and James Noble.
PUBLIC HEARING: RALPH A. BARBAGALLO
Mr. DiFruscio read the legal notice in the appeal of RALPH A. BARBAGALLO, who re-
quested a variation of Sec. 6.1, 6.2, 6.3, 6.5 and Table 2 of the Zoning By-Law
so as to permit variances for front, side and rear lot requirements; area require-
ments and frontage requirement; (1 store & 6 dwellings) located at the westerly side
of Main St.; 51.78 ft. from the corner of Sutton St.
Atty. Barbagallo spoke on his own behalf and explained that the plan is basically the
same as the plan that will be prepared for recording at Land Court and he had re-
quested a waiver as to the plan requirement from the Board because of Land Court
filings.
The hardship is the fact that one lot contains a single cottage and one six unit
structure with a store. He would like the cottage on one lot and the 6-unit structure
and store on a separate lot. The existing structures will not be changed in any way.
The existing structures do not comply as they are - there will be no additional
overcrowding. Property will stay as it is. His request does not derogate from the
intent of the Zoning By-Law - this will encourage the most appropriate use of the
land. Owner/Occupancy use of the single family dwelling will help the town. He
said there would be no detriment to the neighborhood or the community.
Mr. Barbagallo said Trombly has no objection to the variance and are not opposed.
He explained that Lot A contains 3,593 sq. ft. & lot B contains 1,632 sq. ft. There
will be an easement between the two buildings - it is not on record now - it is 5 ft.
wide, both sides will have access - the easement is not to the Trombly property or
for their benefit.
The Board members and the Bldg. Insp. questioned the easement going to the rear lot
line and some discussion was held.
Atty. ~arbagallo explained that the variances requested for both lots were, 1.
area; 2. street frontage and 3. setbacks.
The plans do not show how far the buildings are set from the lot lines.
Gayton Osgood, speaking for Center Realty Trust, was in favor of the petition.
was no one else present or opposed.
lot
There
Ralph Joyce made a motion to take the petition under advisement; James Noble seconded
the motion and the vote was unanimous.
Atty. Frizelle asked Atty. Barbagallo if he would object to a stipulation being put
on the decision - there was no objection.
31dg. Insp. Charles Foster questioned that if the variance is granted would it mean
that in the future the building could be razed and another be put in the same location;
would the variances carry through. A discussion was held.
T..H~. WILLOWSt INC.
Robert Regan was present with corrected plans of the Willows Tennis Club, showing
everything as it is on the property. Chairman Frizelle read the decision to the
members to refresh everybody's memory. The Board wants to read the minutes of the
meeting to know what took place.
BOA~,D'S RULES &, REGULATIONS
Mr. DiFruscio signed the amendments to the Board's rules & regulations so that they
may be filed with the Town Clerk.
ZONING BY-LAW AMENDMENTS:
Bldg. Insp. Foster told the board that the Planning Board was coming up with amend-
ments to the Zoning By-Law re special permits. He also informed the Board that a
new Sign By-Law was coming up.
DISCUSSION:
The Board discussed the Barbagallo petition. They felt that a condition could be
made that if the structures are razed or destroyed as defined in Section 8.3,
the variance will become void. The Board will make a decision at the next meeting.
The meeting adjourned at 8:30 P.M.
Anne Donahue for Gilda Blackstock