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HomeMy WebLinkAbout1963-06-10June 10, 1963 -N~aday Regular Meeting & Rear,mss The Board of Appeals held their regular meeting on Monday evening, Ju~e 10, 1963 at 8:00 P.M. in the Town Building. The meeting started late until a full board was reached. The following members were present and vot_~n~ DA~el T. O~Leary, Chairman; Henry E. Lurid, John J. Shields amd Arthur Druz~ond. Robert J. Burke, associate member, sat in place of William Morton. 1. Rearing: Alice Lennon. 7:30 P.M. Atty. Eaton asked that the petition be withdrawn without prejucLiee and w~11 apply for anot_~er hearing at a later date. It was not possible for him to ge through with the hearing due to legal technicalities concerning deeds, etc. 2. Rearing: Gtlbert Rea. 8:00 P. M. There were appromimately 20 people present for this hearing. Mr. OILeary read the legal notice in the appeal of Gilbert Rea requesting earth removal permissie~ n~der Sec. 5, Para. 5.1 of the Zoning By-Law so as to permit excavation of fill to _remove top of ~t1~ to the level of existing field. When em~avation is complete, the remaining land will be level and returned to ag;~iculturel purposes, located at north si~e of Rea Street and east side of Chestnut Street. Atty. Narold Morley represented the petitioner, who was also present. He presente~ topography plans to the Board. There are 2 sets of plans; one is the present topography of the la~ and the other is the topograph~ as it will appear when excavation is eom-' plete. There are 20 acres of laud involved.. It is a clay hill; will be use~ for filling purposes only. The highest point is 386 feet; street level .is 280 feet. Have 4500 feet to the junction of Hillside Road and Chestnut Street. The purpose is to remov~ top of hill and b~ to level of field. No set plan for excavation. Could be done by tw~ entrances into Chestnut Street and would disturb no one. His plan is that as soon as a clean acre is available he will seed and start planting hay and later change to an alfalfa field. He expects to conform to the by-law and expects that the Board will ask for a bond to see that all conditions are complied with. Has his own equip~__t for strippA-g top soil, etc. He has an ~ sting excavation which was s~rted prior to 1934. The to~m took ~_st of it up to Greenwood's lend. Mater~-I wt1~ be hauled down Chestnut Street to the highway. He wf~] not object to any of the conditions the board requests. Mr. 0'Leafy then asked if there was anyone opposed. Mr. Don law, Rea Street asked approx, how much fill would be removed and how long a period of time it would take to remove it. Mr. Morley answered that it ~ take from 5 to 8 years and will be a slow process. It it not possible to to say how ~.h will be removed. Mr. Philip Busby, 303 Chestnut Street asked several questions. Is this in tb~ m]11]~I~ of rds? Would it he possible for a surveyor to compute how ,,,ch? R~te of trnekimg? Out Chestnut Street to Rte. 114). Type of trucks? (Doesn't k~ow what type). Where is fi]_l going to be trucked? (Doesn't know. Rea has some use for it). ~Yno wtll put the road beck in shape? (The Rea' s have been in the same house for 120 years amd Mr. Rea took care of Rea Street for many years). Is there ~ to protect route of trucking if a large contractor comes in and does the trucking? (The Board w~1.1 tell b~m what route ,he ca~. ta~.e). What would be h .o~rs of operation? (Would assume it would be day- light hours). ~Board will set hours.) Will it be a yearly permit? (Board sets that). Michael Sehena, 100 Hillside Road, said it would be impossible to fill one acre at a time. He showed pictures he too$ of the area. He is concerned because he purchased land in a residential district and now people are asking for some type of business. June 10, 1963 -Cont. John Bowman, ~l Rea Street, asked about truck routes. Richard Haltmaier, corner Chestnut and Andover Streets, is concerned with traffice problem. Edward Greenwood, 300 chestnut Street, read a typed statemen_t consisting of 4 pages which will be kept on file, listing his objections. Mr. Bowman again questioned the t~_me limit and asked ~hat would prevent the Board from extending it. The Board answered that that was presumptious , that the Building Inspector is the enforcing officer. Land would have to be re-surveyed and one of the provisions of a bond is that it be returned to proposed grades on the contract. Tb_{s Board can~ set a time 1 ~t of one year and then the Bldg. Inspector will invewtigate and see if he has met the specifications of the plan. Mr. Maltmaier asked about setting up the Bond. Mr. Shields seid the To~ Commsel would decide that. Mr. Dr~mmead asked what would be dmae about the trees. (There would be a reforestation prngr--. ) Mr. Shields asked if Mr. P~a will do the e~avetion. Mr. Morley ~aid Mr. Rea will d~ ~ but not all of it. Mr. Rea will be liable for aUy apecificatiems ~r agreements the Board rakes. This w~ll not be a mau e~avation. Mr. Shields amid the type amd size of equipment iea feature that could be considered by the Board. In regard to learn, iS it proposed to remove it or stock pile it and then remove it? Mr. Morley said the_y will stock it and then when tbs area is ready, put it back and then seed it. No learn is to be removed from the property. Mr. Nal+~-~er spo~ about ~_~_ road being toe narrow for two trucks passing. Mr. Greenwood said this operation would affect his lead values. Any land ~11 be undesirable if this lasts for 5-8 years. Mr. Sehena said he would approaah the Board of Assessors to re-asses the hce~s in that area if this is granted. Mr. D~w~_-d made a motion to take the petition under advisement. Mr. Lund seconded the motion amd the vote was 3. Hearing: Robert Kereage Mr. O'Leary read the legal notice in the appeal of Robert S. Xereage requesting a variation of Sec. 6.~1 & 7.3 of the Zoning By-Law so as to permit the constructicm of a one story addition to the present building to allow for expansion of h~dware store located at the northwest side of Main Street, known as 136 Main Street. Mr. Xere~ge showed his plans to the Board. The proposed addition is 30~22 feet. There w11~ be a loading door and platform on south corner of the b,f~ding. Approx. 18 feet of the buil~t-g w~]] be attached to the hardware store building. There will be a cement block cellar. There is driveway access to the building. There is a legal right or way owned by ~. P. Stevens. The bui~at-E will be 2 feet from the property line on one corner. 12' 6" is the height of the building. He showed a plan made by a carpenter ~une 10, 1963 - Cont. which didn't give much information. A representative of the Merr~m~_ck Valley National Bank spoke in favor of the addition; saying this is a great improvement and would be an asset to the town. There were no other abutters present and there was no opposition. Mr. Burke made a motion to take the petition under advisement. Mr. Lund seconded the motion and the vote was ~animous. Mr. Shields told Mr. Kereage that the Board ~ants an architectural set of plans to show more specifications on it. ~. Albert Steinberg: Hearing= 8:15 This hearing took place at 8550 due to the length of the previous hearings. Mr. O'Le~ry read the legal notice in the appeal of Albert Steinberg requesting a Special Pe~-mlt for an apartment development under Sec. 4.? of the Zon~r~ By-Law so as to permit the construction of four buildings, each cont_~ning six dwelling units, as shown on site plan filed herewith and conforming with the provisions of S. 4.73 of said By-Law and such conditions as may be imposed by this Board; on the premises located on Barker Street and as shown on the preliminary plan of the site and a copy of which is filed herewith as a "Site Plan" under S. 4.52 and as a diagram and "Statement" under S. 4.51 of said By-Law. Atty. John J. Lynch presented the plans to the Board. Mr. & Mrs. Steinberg were present. Mr. Balsa~o, the engineer, explained the plans to the Board. Mr. Lynch said they pro- pose to erect Garrison type, wooden buildings. They have already been to the Board of Health. (This Board has received communication from them). Mr. Lund asked about the perking area. The parking is in front for 4 vehicles for each bttilding. The Board of Public Works have seen the plans. They will ~ke the road to the specifications of the B.P.W., etc. so that it may be accepted in the future. He showed the house plans, which will conform to all requirements. Mr. Shields asked if it was proposed to seel any of these structures as individual structures. Mr. Balsamo said it is not a specific building, Mr. Steinberg o~ns it as a development. The road could be extended further in his property. Mr. Steinberg said that time is a factor since it is summer and they would like to get going on it, if it is approved. Mr. Shields made a motion to take the petition under advisement. Mr. Lurid seconded the motion and the vote was unanimous. There was no opposition. 5. Hearing: Elemuor Palmieri: 8:30 P.M. This hearing was held at 9:05 P.M. Mr. O'Leary read the legal notice in the appeal of Eleanor J. Palmieri requesting a variation of Sec. 7, para. 7.22 of the Zoning By-Law so as to permit the construction of a garage at end of driveway, 5 feet from side lot line on the premises, located at north side of Rosedale Ave., 75 feet from the cc~ner of Longwood St., known as 32 Rosedale Avenue. Mr. & Mrs. P=~m~eri were present and explained the plans to the Board. There were no abutters present and there was no opposition. Mr. Burke made a motion to take the petition under advisement, seconded by Mr. Drummond and voted una~mouslyl June 10, 1963 - Cont. Mr. 0'Leafy read a letter from Atty. Charles Trombly asking the Board to send him cert~4~ material relative to the hearing of Vincent Boylan. It was expl~4~ed that if he goes to the Planning Board and gets a u~a~imous vote of approval, a new hearing may be called. Mr. 0'Leary read a letter from Building Inspector Charles Foster regarding erosion on the Delduca pit on Great Pond Road. He, along with the Conservation Commission, reoomme_-nds that the permit should not be renewed because of the condition of the land in that area. The Board then proceeded to discuss the evening's hearings. 1. Gilbert Rea. Mr. Lund and Mr. Drummond said they would like to look at the land involved. It was decided that the Board members will meet at Er. Shields' home on Tuesday evening, June 18th, at 7:00 P. M. in order to view the premises of Gilbert Rea. The Board discussed the necessity of restrictions. Mr. Shields said Rea is sincere and cares for the town - outside companies don't care. Restrict so that Rea ~tm~elf removes it rather than an outsider. If he reseeds, it cotuld be a development and value of the land would go. up. ~ 2. Robert Kereage. Mr. Lurid questioned whether the Board had the right to let hfm go to 2 feet from lot line. The fellow in the next lot is 2 feet from the line. Mr. Burke said if the fellow wants to improve his property, we should help htm~ Wtll move we grant it. Mr. Lurid seconded the motion. There was no vote taken. Mr. Shields said we are restricting a ~-foot area, which would enhance a fire problem and we should be provided with architectural plans. Will amend the motion to suspend action until ~e ~1~starchitectural plans to us smd submits recommendation from the Fire Chief. Mr. ~nd seconded the motion. The vote was 4-1, with Mr. Burke abstaining. A letter will be sent to Mr. Kerea~e asking him to submit the necessary architectural plans. A copy of the plans will b~ sent to the Fire Chief for his recommendations or approval. ~. Albert Steinberg. Mr. 0'Leafy read the letter from the Board of Health expl=1uing the percolation tests taken by them. They discussed how long it takes the State to ~ke tests, etc. Mr. Shields said to hold the petition until such a time as he meets a determination from the Board of Health if the land is suitable, etc. Letters w~l] be sent to the following dep~.me_nts for their recommendations or approval as to the Steinberg plans, a copy of which will be awtl~ble in the Town Clerk's office: The Planning Board, Board of Health, Police Dept., Fire Dept., Highway Dept. and Board of Public Works. 4. Eleanor Palmieri. M~,. S~ields made a motion to GRANT the variance. Mr. Burke seconded the motion and the vote was unanimous. It was granted with the u~,,_l four reasons. The Board signed a bill for Anna Doter $~42.00. Meeti~_g adjourned at 10~00 P.M.