HomeMy WebLinkAbout1964-05-18Monday- May 18, 1964
Special l~et~
The Board of Appeals held a special meeting on Monday eve~, May 18, 1964 at
7:30 P.M. in the Town BuilR~ug with the fo~_lowing members present and voting:
Daniel T. O'Leary, O~r-~; William Morton, Secretary; Arthur Drm,~nd, and
Associate Me~ber Alfred Boeglin who sat in place of John J. Shields.
COCBICHEMICX REALTY CORP.:
Bldg. Insp. Charles Foster, Atty. John J. Willis and Atty. Ralph E. Finck' were present
as requested.
Mr. Foster said he talked with Mr. Shields last fall and felt that he should ec~ before
the Board because there are two violations; there are cars involved and the removal
of f~]l and gravel. He .sent them a letter and gave them until Sept? 10th to conform,
and don't haul out any gravel. The cars belong to Mr. Xent, the other o~ner. He
recently had a conference with Attys. Finck & Willis and Town Couasel. To~n Counsel
agreed with Mr. Foster that it is ao% a non-conforming use ~nd should co~e befo~ +.~
Board of Appeals. Mr. Shields feels that it is a non-confor.~ use because the pit
was in operation before the Zoning laws went into effect. The original section deal~
with gravel pit operations and said they had 30 days in which to file. That section
has been voted out of the By-laws. Mr. _H~rry Thomas complained, he thinks they should
get a Board of Appeals permit.
Mr. O'Leary said it isn't to stop ~he person from what he is doing, but he should work
under restrictions~. I feel that if Town Counsel. so stated that it's against the Zoning
By-Laws, then this Board 'can't take any action until they do come in for a hearing.
Mr. Foster said he 'either has the right to haul out gravel or not. This is on a
larger scale operation ~ha~n it was before.
Mr. Drummond asked if there were any other operations under the s~,~ conditions.
Mr. Foster said he heard about Farrell and is trying to stop it. He hauls fr~n to~n
to town.
Mr. Morton aahA~i how this started out - did somebody ~_ke a written compl_~t?
Atty. Finck said this operation started last fall. Mr. Thomas came before this
Board to complain. : :
Mr. Morton said he can't see how we have any Jurisdiction until we get a formal
complaint. We can't act unless there is a hearing.
Atty; Finck said they are ~nterested in having a controlled operation. The~.,,~ason
they are here is to determine what can he done.
Mr. Willis said this was originally a gravel pit before any regulations were ,~de,
and Shields expanded the operation. They are willing to comply'with any request
that Mr. Thomas may. ~a__ke. Mr. Foster s~s it not a n~n-conforming use. This could
he resolved if we brought a petition before you, our only request is that you don't
require us to present topographical maps etc. because it is a great expense, a m&ni-
mum bond and a little concession with respect to plot plan and restrictions. They
will stay so ~ny feet away from Thomas' property.
May 18, 1964 - Cont.
Atty. Finck said it is a question of whether it was act,,~lly a gravel pit operation.
Mr. Foster said this is a different operation from the us11~ gravel pits, it is
swampy, etc.
Mr. Burke said you have a plan of the area so you can restrict so meuy feet from
Thumpers land, etc.
Mr. Foster said the m, ln purpose is to mend a blighted area.
Atty. Willis said they are definitely willing to ffll in that area.
Mr.-0'Leary asked Mr. Foster what he wanted of those concerned since he has to police
the operation.
Mr. Foster said this is a large area and different from normal operations so that we
could get by without the top. map. We could make restrictions as to drainage, etc.
Atty. W~lis said they will maintain a general grade, they are not going to make back
ho~es.
Mr. Thomas said if you are going to fix the front, fix it first.~
Atty. Wf~lis asked if he was will~i~g to go along with having a hearing and granting of
a permit subject to the clearing up of these conditions.
Mr. Th~m~s said that as far as the frontage is concerned, he will hot oppose the
operation if the front is fixed up. He said he was going to fix it last fall and
didn't.
Atty. Willis said it could be on condition that he clean up the frontage first.
Mr. Thomas said he is digging in a low area where water is going to catch. He then
showed a picture of the Junk cars and said this should be cleared up.
Mr. 0tLeary asked if the cars could be bull-dozed into the holes and covered over.
Mr. Foster said the cars aren't Shields' fault - itts Xentts.
Atty. Willis said Shields offered to take them away but Xent wouldn't let him.
Mr. 0'Leafy said there is~t action we can take, it is entirely up to you people.
Atty. Finck said can't we sit down with Ch~wlie (Foster) and work out what is to be
done with respect to conditions on this property.
Mr. 0'Leafy said w~- don't you three get together and set up a hearing. To which
everyone agreed.
ALYCE R. COLGATE HEARING: Continued at 8:00 P.M.
At this ttm~ He~ L~md came in to sit on this continued hearing.
Atty. Harry Silver was present along with the Engineers. Mr. Chepulis, an abutter,
was present.
(Town Counsel was contacted by telephone this past week concerning the question raised
by an abutter as to the legality of the published notice. Town Counsel said the notice
was adequate and the hearing legal. )
May 18, 1964 - Cont.
59
The Board looked over the completed plans. Mr. Foster asked if the plans showed any
changes to the steep bank that was left there.
The engineer said it w~]] have to be seeded. There will he a 5-foot ~ .w~rove~nt fr~n
the street.
Mr. Lund asked what the grade would be ~n the finish frum the street.
Engineer Levy said it is a 3.6% grade. They can take care of the bank by seea~g and
sloping it, gra~g it more. They can't possibly operate without taktn~ care of the
bank. The 1-nd is 1 ft. to 1~ ft. above ground now.
Mr. Chepulis asked where they are go~-~ to get the fill. Nm. Levy Said it would be
from an outside operation.
Mr. Foster asked how much of a drop would there be from the bank.
Mr. Levy said it would be about a 5-6 ft. bank.
They checked ~he driveways.
Mr. Foster said there is a sign problem. He said it wc~J_d be wise to get the size, etc.
now and get it approved along with these plans.
(At this time Mr. Lu~d had to return to the Assessor's meeting.)
Mr. Chepulis asked about the landsca~-g. He said the Board can impose ~mprovements.
Mr. Levy said landscaping ~tll have have to be dc~e to improve the public appeal of
the station.
Mr. O'Leary said we could put them into the decision.
Chief Daw was present and stated that he is interested only when it comes before b~
for a license. The construction is covered by sta+~ regulations. We have nothing to
do with it. The po~t is whether or not there should be a station. Ne has no+.~g to
do with the construction. Ne doesn't bother sending any more letters because ever
since the Motel, when it didn't meet his requirements and it passed ~ , he dcesn*t
bother amy more. Ne says he can*t give a reconmendation because it is like pre-
Judging an application.
Mr. O'Leary said there were letters received from the Board of Public Works, Bo~ of
Health and Police Dept., which Secretary Morton read aloud.
Mr. Chepulis asked if state approval had been received for the exit and entrance.
Mr. Levy said not yet.
Mr. Chepulis said the plans don~t show clearly what station will lo~k like. Ne said
the interest of the town should be served. This is a menace _~d hazard to the towns-
people and visitors. It could create a hazard for fire apparatus. It is a sharp
corner and is not in a safe place.
May 18, 1964 - Cont.
~r. Levy said the street would be improved because they p~ropose to widen the street.
Mr. Morton made a motion to take the petition under advisement. Mr. Drummond seconded
the motion and the vote was unanimous.
Mr. Lund returned to the meeting to discuss the petition and vote.
Mr. Lund said if we grant it we should put the same restrictions as on others.
Mr. Boeglin spoke about the Board of Health letter saying C~r was granted 2 septic tanks
later for the diner, which they must have forgotten about. W~;t else can be put in
there - it's Industrial land.
Mr. Lund said he doesnlt see how we can inconsistent and grant one and not grant another.
Mr. Foster spoke about gr~ting subject to approval of other Boards, etc. He suggested
saying that nothing was to be put on the site, excavating, etc. It would Just mean a
cbs-ge in the wording that might save alot later.
Mr. Boeglin made a motion to GRA~T the special permit subject to restrictions. Mr.
Morton seconded the motion and the vote was unanimous.
The restrictions are:
1. As regards to landscaping;
brought to a reasonable pitch.
the banking shall be graded m~d seeded or planted, and
2. There ~b~_!l be no excavating of any kind until approval has been received from the
State and Local Boards of Health, and the State Deptl of Public Works as to driveways.
The meeting adjourned at 9:00 P.F~
Clerk