HomeMy WebLinkAbout1963-10-142'?
The ~mard of Appeals ~ their regular ~ontbly weet.'h:~ on Honde,7'
October 1~, 1~63 at 7=~0 ~.M. in the Teen ~uildiag. The f~llowing mashers were
present a~d voting: Daniel T. O'Leary, C~4rena; W~'~4,,m Metres, Secretary;
Joha ~. 8hield~, ~ ~ .and Associate
place of ~enry E. Luad.
1. ~d~ING: Warty R~. Dow, 3rd & Stewart P. Wilson: 7:30 P.~.
Secretary Mortca read the legal notiee ia the appeal of ~arry ~ D~w, ~rd & Stewart ~.
W~_ls~n who requested a variatien of Secti~as 6 & 7 of the Z~-~w~ ~y-Law ec as to permit
the sub-diviaica of a parcel of land into house lots. There are three h-4~4-Ss o~
~e parcel and petiticaers desire to se~l cae building at a tS, ou the premises,
loeated at north side of Second St., 220 feet frc~ the corner of Main & See~nd St~eets~
Mason as ~o. 19, 21~ 23, 25 29 ~ee~nd ~t. & 18, 20, 22, 2~ School Street.
Mr. ~arry Dow ms preseat and explained that T~.s ',m~ the ~ ~ they coted
the pareel in order to sell as individml par,~le. Tbem'e were no abutters present
~r. Shields ~ade a ~otioa to take the pe~itiem ~m~er advisement. ~r. Morros ~eee~ed
the rustics and the vote was ~a~haeus.
2. ~RIMG: ~oseph ~anes 7:4~ ~.~
Secretary Mortou ~ead the ~g~ ~ ~ ~ a~ of ~o~h '~ ~ ~d a
~a~ ~ ~. 6 · 7, ~. 6.~ & 7.23 of t~ Z~n~w~ ~w ~ ~ ~ ~t ~
~si~ of t~e ~st~ lots ~ 1~ ~to t~ lots, as s~ on ~ ~; ~
e~ a Ca~ C~ ~ ~ ~e of t~ lots ~ ffo~, ~ ~ ~l~a~at
t~ ~st side ~ Fe~ St~t; 1~ f~t ~s~t ~ ~e co~r ~ ~sec~tts
A~. ~ ~ aa ~ts Ne. 19, 39 & ~.
Mr. Stephen Doherty appeared as represent4~_~ F~. Lane, to ex~d~ to the ~mard .
~r. Lane is assessed for aeverage ~m beth streets. There are slot of hou~ r~-loeated
in that area that ware ~ved_ due to Rte. ~5. There were no abatters present and there
was no opposition.
~r. ~erke ~ade a ~otica to t~e the petitiea ~ader advi~-_-~_ t. Mr. ~ ~eem~led
the motioa and the vote m ~.
Mr. & Mrs. F~oebiare appeared Just as the heariag, anded. The Deard lietaned to their
protests. They said notioe vas not elea~ly stated as to the location siue~ the land
vas on tvo, streets and the no,tee on~ ~; _n~l one street. ~ ~eetly abuts the~
prope~y, and they say t~ere is not enough ]~u~d to build on the ~O.foot lo'rs
GRAVEL ~T:
Mr. ~arr~ ~, ~xford St., appeared before the ~Krd to protes~ a gravel pat that
is ia operatica c~ Turnpike Street, abutting his property. ~r. Shields asked him if
he weuld like to ~aet with the prineipals ~n a friendly Basil Mr. Thce~as said he
weuld gladly; and then speke about the j.w~ automobiles, approx. 85 of them. Mr.
Shields said they are going out this week. Mr. Shields ~ he w~ eentact Mr. Thomas
before the week is over and e~er~body' s interests will be protected.
C~ARLES MATSES:
Atty. ~_~old l~rley appeared ~f~ ~ ~ ~ ~ a ~ for ~ ~
28
October 1~, 1~3 - Coot.
said there will be a little re+~ business alee, whieh would be open on Friday
o~ly, for fish & chips poeaibl2. ~ needs a parking area fo~ only 5 or 6 ce~so
The land is too valuable to req-4~e a lot of space. ~e th4-~e that it is the
SeaFood &Sandwieh Shoppe whieh is at Railroad Square now~ This would be a better
looation for it. Y~. ~orley said he would like to present ap lan to the ~oard and
show only what the ~oard needs, which would he space for only 5 or 6 ears. ~e needs
a permit to allow retail sale of foods in an Industrial area. ~e ~uld have to get
a Cos.on Victualerts license from the Seleetmen; thatts wh~ he wants a special permit
fr,a this Doard and he kno~s a hearing is necessary, but he doe~alt want to use too
~ueh land for parking. The plaa will show land and building and entrance and so~e
sort of parking area around it and show it in relatioo to other b-~la~-_~8. Therels
no sale of land involved, Just a special permit. Flans donJt have to be recorded;
it dceoomt affect the legal title of the land.
~r. O~Lear2 said we need the sa~e m~aber of copies of plans but a ]~-en is not necessary.
m cxs o s
1. ~arry R. Dow, 3rd & Stewart P. Wilson:
~r. Morton made a ~otioo to O~ the variance. ~r. Shields secooded the motion and.
the vote was ~nani~ous. This is in conformity with the neighborhood. The sa~e reasoos
for granting apply.
The
Mr.
lot
the
froo voting.
The
:oseph hans:
~oard discussed the petittoo and found that the ~. were not clearly marked.
~v_-ke ~ a ~tioo to GRANT the variance subject to ~ lots 39 & ~0 into one
marked =~" and lot 1~, ooe lot marked "A' on a eorre~ted plan. Mr. Nox~on seconded
motioa. Fou~ ~embers were reeorded as voting in favor; ltr. Dr~ abstains4
$ 5.00
The leard agreed to hold the next moothly neet~,~ Oo ~uesday even~, ~ve~ber ~2th,
since Vetaran~s Day falls Oo ~day.
The~e are two app~teatioas for hearings +~ be held oo Tuesday, Nc~e~be~ 12th.
1. R. Alice ~orris.
2. Edward Saul
I. TBEODORE F~I~E=
A lette~ ~as received fX~a Atty. Do, aid Y. Smith infor,~%- the ~oord that he ie taking
ears of any ~attere fo~ Atty. Bacigalupo in regard to the petition of I. Theodore l~eiJe.
Atty. ~aeigalup~ is oo vaoation and ~ be away for a few weeks.
The ~oard l~oked at.the new plane sul~itted by I.'Tho~dor~ l~eiJe as h~d been requested
by the Board at their meet4-~ ~ Sept-m~r 30th.
Mr. Shields told the loard Mr. FreiJe had contacted l~,lm at his office to ask how far
bask the Boar~ ~_~ted the ~ to be lan~seape~ ~e told Mr. Sbiel4s that if Atlantis
Refining Co. wouldn't do it, he would landscape it on his ~.
Oot~ber 14, 19~ - Cant.
Mr. Shielde said the ~ should be ~datained to the rear of the ~vo].opecl area
of the gaaol~-e station.
Mr. ~ said that it ia ~ fair that since this has e~veady bees granted cace
we should go aloag with it again.
~r'. Luad was e-l~ed in fr~a the Assessor's offine since he had sat ca the original
hearing;
Mr. Shielde mode the following motion:
That a permit be g~anted to uae this property aa a gasoline station in aeeordan~
with tb~ plan of land su~aitted aa dra~n by Xollor Assooiates, Frofeesicaal
A. Ail ~card of ~ealth requirements be ceaplied with.
That the easterly seotion of the lot indicated mlandaoaped with low-growing eve~
green~ shall be miatained v~aer reas~able normal eonditicas to a depth of 75 feet
fro~ the street frcat lot line and frc~ the indicated fence eaaterl~ ~o the stone wall
sho~n ca said plan; ca the westerly lot l'h..e ~ t~e rail fence to the lot l~e,
· aintoining the aa~e depth of approxinately 75 feet.
Mr. L~d sosoaded the motion and the vote was m-...'~..-eaa.
The reawcas for granting are as fallows:
1. A previous grantq-~ of a permit was given by this ~oard uadar date of Jm~ 8, 19~9
mad to deny this per. it would create a hardship to the petitioner.
2. All other ecaditionm ha~ been ~Iied with, and or provided for, the granting
of this permit is in ccaformity with the provisicam of the Zoning By-Laws.
The ~ adJe~raed at 9:30
On October 28, 1963, t~ follo~8 was added to the orig~-~l decisi~n~
"This letter is a suppler to the orig,..-1 deoisica doted October 17, 1963 for
I. Theodore FreiJe.
Due to an inadvertence, the word evariancee was ~tted in the original deceaSes;
therefore the decisic~ should reed as follows~
"The motion is that a Variance and Special ~ermit be GRA~I~D to use this property as
a gasoline station in accordance with the plan of land submitted as dra~n by K~ller
Associates, ~rofessio~] Engineers, with the stipulations that:
A. Ail ~oard of ~ealth requirements be complied with.
B. That the easterly section of the lot indicated "l_~_~_~eeaped with low-growing ever-
greens" shall be maintained under reasonable normal conditions to a depth of 75 feet
from the street front lot line and from the indicated fence easterly to the stone
· ~l_l sho~ ca said plan; on the westerly lot line from the rail fence to the lot 1~_,
mainta~Ang the same depth of approx. 75 feet.
October 14, 1963 - Cont.
This var4_~ce and special permit is granted for the folloW"8 reasons,
1. A previous grant~8 of a variance and permit ~s given by this Board ,~der date of
~une 8, 1959 and to deny this permit would create a hardship to the petitioner.
2. Ail other conditions having been complied with, and or provided for, the granting
of this variance and permit is in conformity with the provisions of the Zoning ~y-Laws.u