HomeMy WebLinkAbout1964-09-28Monday - September 28, 1964
Special M~eting
A special meeting of the Board of Appeals was held on Monday evening, Sept. 28,
1964 at 7:30 P.M. in the To~n Building. The following members were present and
voting: Daniel T. O'Leary, Chairman; Arthur D~m~ond, John J. Shields and Assoc.
Member Howard Gil~n.
This meeting was called to further discuss the Court case that will be held shortly
regarding the decision the Board made on the petition of George H. FarT. The same
members that sat on that hearing were called to meet; however William Morton was
unable to attend.
A letter was received from ToMn Counsel stating the Board should make an amendment to
their decision, since the original decision as written would not stand up in court.
Mr. O~Leary said Me. Sslisbury telephoned h~m on Saturday and requested an answer from
th~ Board as quickly as possible in order to have the information for his court appear-
ance. (Each of the members that sat on that particular petition were mailed ~m~onses.)
Our decision was not wrong, there was Just not enough information. The Board checked
previous letters from Town Counsel regarding reasons that should be given in decisions.
Member Henry Lund stepped in for a few minutes and was briefed on what Atty. Salisbury
requested. All of the members agreed that a supplement to the original decision was'
in order. The Board will go along with the recommendations as listed by Atty. Salisbury.
Mr. Shields made a motion to amend the dedision in thecase of the petition of George H.
FarT to include the following: Mr. Gilman seconded the motion and the vote was unani-
mous.
a. That the subject premises are located in the Rural Residence Zone, as defined by
b~e By-Law, which requires a street frontage of 150 feet and a lot area of 44,000
square feet (Section 6.33).
b. That the applicant acquired, in September, 1963, a large tract of land on the
westerly side of Johnson Street, having a frontage along said street totalling 1044.8
feet; if his frontage were 1050 feet, he could properly have subdivided this area i~tbo
seven conforming lots.
c. That the applicant is a builder and contractor, and, after his acquisition of said
tract, proceeded to subdivide the same; he has had prepared plans of land, showing 6
lots conforming both as to frontage and as to area zoning requirements, running north-
erly along Johnson Street from the most southerly point of his property. These plans
have been recorded, bearing Planning Board certifications that that Boardts approval
of them was not required under the subdivision control law; three of them have been
sold and the applicant has signed contracts to sell two; he still owns one.
d. These plans, sales and contracts have left him with a parcel of land at the northerly
end of the whole tract which has an area of 44,~20 s~sre feet and a Johnson Street
frontage of 144.8 feet. It is this proposed lot for which he seeks a variance, solely
because of the 5.2 feet frontage deficiency.
e. If the variance is not granted, this seventh lot cannot be used for any ~se
under the zoning by-law, and the Town, as well as the applicant, would suffer hardship.
f. There seems to be no other parcel of land in the Rural Residence District which
so closely fails to conform to zoning frontage requirements.
Sept. 28, 1964 - Cont.
g. Owing to its shape, the subject parcel's width, some 40 feet westerly from the
westerly line of Johnson Street, is in excess of 150 feet; the parcel's area is well
in excess of the required l~,OO0 square feet.
h. Were the requested variance to be granted, and a conforming dwelling to be con-
structed upon the parcel, as the applicant intends, no observable zoning nonconformity
wo~ld appear to any passerby, nor to any adjacent landowner.
The ~mended decision will be made out immediately and the clerk will have Mr. 0'Leafy
sign it on Tuesday and take it to Atty. Salisbury~s office.
~TLANTIC REFINING CO.
Mr. 0'Leafy read a copy of a letter that was received from the Building Inspector, which
he had sent to Atlantic Refining Company. The letter was to notify the Atlantic Refining
Co. that they must contact the Board of Appeals and the Building Inspector if they in-
tend to install any beacons or other warning devices at their proposed sex~vlce station
on Osgood Street at the intersection of Great Pond Road. The letter was noted and filed.
The meeting adjourned at 9:30 P.M. ~~ _~~~j.~ ,
Chairm~
AD Clerk