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HomeMy WebLinkAbout1964-08-10Monday - August 10, 1964 Regular meeting & hearings The Board of Appeals held their regular meeting on Monday evening, August 10, 1964 at 7:30 P.M. in the Town Building. The following members were present and voting: Daniel T. 0~Leary, Chairman; William Morton, Secretary; Arthur D~mmond, Joh~ J. Shields and Associate Member Howard Gilman, who sat in place of Henry L~-~. HEARINGS: 1. GEORGE H. FARR: 7:30 P.M. Secretary Morton read the legal notice in the appeal of George H. Farr who requested a variation of Sec. 6, Para. 6.33 of the Zoning By-Law so as to permit a lot with a frontage of 144.8 feet, 5.2 feet less than the required 150 fee~, on the premises located at the west side of Johnson Street; 894.8 feet distant from the corner of Mill Street and known as Lot #7, Starrett Acres, Johnson Street. Mr. Fart spoke on his behalf and explained that the land suA~-ounding this pa~cicular lot had been sold and the lots had Planning Board approval. Abutters Howard Thomson and Bruno Falanga were present. Thomson was not opposed bu~ Falanga was. He said Mr. Farr could have divided ~his land better, that there is no hardship and no~. emergency. (Upon later check, Thomson is not an abutter to this particular lot. ) Mr. Shields made a motion to take the petition under advisement. Mr. Morton seconded the motion and the vote was unanimous. 2. JOHN F. SAWYER: 7:45 P.M. Secretary Morton read the legal notice in the appeal of John F. Sawyer who requested a variation of Sec. 6, Para. 6.33 of the Zoning By-Law so as to permit the sub- division of land into 3 lots, one of which would have less than the required area on the premises located at the east side of Johnson Street; approx. 1,000 feet distant from the corner of Johnson & Turnpike Streets. Mr. Saw~yer and Mr. Howard Thomson appeared before the Board and said they had come to an agreement about the land. Mr. Thomson w~ give Mr. Sawyer .l,2 of an acre and in retur~ Mr. Sawyer will give Thomson .26 acres. When the agreement is completed the lots will be conforming. Thus there is no problem before this Board. Mr. Morton made a motion that the petitioner can withdraw without prejudice. Mr. Shields seconded the motion and the vote was unanimous. 3. CATHERINE STOEHR: 8:00 P.M. Secretary Morton read the legal notice in the appeal of Catherine Stoehr who re- quested a variation of See. 6, Para. 6.33 of the Zoning By-Law so as to permit the sale of her residence which does not have the required frontage or lot size on the premises located at the southwest side of Salem Street, known as #971 Salem Street. Atty. Willis represented the petitioner, who was also present. He explained there are two separate parcels of land. One which contains approx. 16.2 acres of land and the other parcel on which there is presently a home and has a frontage of 120 feet. The house lot now contains less than the required frontage. If the land was divided in order to meet the required frontage it would create a dead in back, of 16 acres. This is a particular circumstance which would be a hardship to the petitioner. The large parcel lacks 15 feet frontage. On the other parcel the Board would have to grant a variance both on area and frontage. It would he nearly impossible to Join the two parcels. August 10, 1964 - Cont. Mr. Morton asked that if in the future the 16 acres would be divided into house lots. Atty. Willis answered yes. He said both parcels are in Joint ownership. Most lots nearby contain smaller lots. At the time the house was b~t in 1948, there was no question about the frontage. M~. Green, an abutter, said he was not objecting but was just questioning the development of the back land. He heard that they are going to use the back land to store construction equipment, etd. Atty. Willis said Mr. DeMarcio indicated interest in this parcel, but he is no longer interested. The area is for sale and it would make a nice development for the ~uture. Mr. Shields made a motion to take the petition under advisement. Mr. Dx,wm,ond seconded the motion and the vote was unanimous. 4. SIMON L. CAPONETTE: 8:15 P.M. Secretary Morton read the legal notice in the appeal on Simon L. Caponette who re- quested a variation of Sec. 6, Para. 6.31 of the Zoning By Law so as ~o permit a swimming pool on the premises located at the west side of Putnam Road on the corner of Mifflin Drive. There were no abutters present and there was no opposition. Mr. & Mrs. Caponette spoke on their own behalf. Chairman O~Leary explained to the other members that this was something new to the Board regarding swimming pools, so he called Town Counsel and was advised that a hearing should be held. Mr. Caponette said he went to the Building Inspector for a permit. The B. I. said there ~as nothing in the By-Laws about swimming pools, so it should be treated as a structure. He said all his abutters and neighborhs were agreeable and that he will put up a fence. ~ ~ Mr. ~bields said he should have the proper plans,' for his own protection. Mr. Caponette said it will only be 6" above the glad. If he has to get plans, he will, but it means going through alot of expense. Mr. Shields said it is for his own protection because it should be put on record. Mr. Drummond made a motion to take the petition under advisement. Before any action can be taken, proper plans will have to be presented. Mr. Shields seconded the motion and the vote was unanimous. 5. SANTINA M. FAILLA: 8:30 P.M. Secretary Morton read the legal notice in the appeal of Santina M. Failla who re- quested a variation of Sec. 3.5, Para. 3.51 of the Zoning By-Law so as to permit the combination of 6 lots to make 3 lots, each to cont~ 10,000 sq. ft. on the premises loaated at the north side of Mablin Ave. between Kenwood & Jetwood Street~. August 10, 1964 - Cont. Frank Branco, an abutter, said he was not objecting, but was inquir~g as to what would happen to the overflow from the brook that runs there. He tbt~ks that by the land being developed it will put more water on his land. There is no drainage because they are just paper streets. Mr. Shields said nobody has the right to dump water on somebody elsets land. Tou could easily settle that. Mr. Macione, represented the petitioner, said that Mablin Ave. is a dirt road. Ken- wood & Jetwood are not even streets. There is public water to a certain point. Mr. Gilman said that whoever develops puts in the facilities and finishes the'~roads. Another abutter just asked questions, but she was not opposed. Mr. Shields m~de a motion to take the petition under advisement. Mr. Morton seconded the motion ~nd the vote was un~mous. The Board then proceeded to discuss and vote on the petitions: 1. George Farr: Mr. Morton made a motion to GRANT the variance, the vote was Mr. Shields seconded the motion and 2. John Sawyer: This petition was withdrawn without prejudice. 3. Catherine Stoehr: Mr. Morton said that he would assume that there would have to be a road to the 16 Mr. Shields said they could give more land to the s~aller lot. Prior to the adoption of the Zoning By-Laws, the parcels were in co~m~n o~nership. Canlt wa table this and see if we canlt get the petitioner in to amend it. Mr. 0tLeary said herd pass it the way it was. Mr. Morton said you'd get into another mess - it will leave a scrap of land. The Board agreed to table this petition until the next meeting. Atty. Willis was contacted by phone and advised so. Mrs. Robina Xnapp was present and requested information from the Board. She wants an addition to her building. She showed a picture of it. Lincoln Giles will build it. The Board advised her what was necessary as to her application, plans, etc. It was then decided that the Board ~ hold their next regular meeting on Tuesday, September 15th - due to Labor Day. 4. Santina Failla: Mr. Shields made a m~ti~ to GRANT ~he variance. the vote was unanimous. Mr. Morton seconded the motion and 5. Simon Caponette: This petition will be tabled until proper plans are submitted.