HomeMy WebLinkAbout1965-11-08140
Monday -~ovember 8, 1965
Regular ~eeting
The Board of Appeals held their regular meeting on Monday evening, November 8~
1965 at 7~30 P.M. in the Towa Building. Members present and voting were~
Daniel T. O~Leary, Chairman; William Morton, Secretary; James Deyo, Arthur
D~....ond and John J. Shields.
1. BI~,A ~ING:
ROY R. FARR requested a Special Permit under Section 4.7 of the Zoning By-Laws so.
as to permit the construction of five garden-type apartment buil~gs, each con~
taining not more than twelve dwelling ~m~ts, as shown on the site p3A~ filed here-
with, and conforming with the provisions of Sec. 4.73 of said By-Law and such
conditions as may be ~ .reposed by this Board, on the~premises located at the west
side of Ohickering Road, as shown on the prel~-~B~y plan.-
Atty. Stephen F. LoPiano, Jr. represented the petitioner, who was also present. He
explained that these apartment ~,~l~gs will he ~(w,~lar to the five buildings that
hal~ already been erected. Andrew Donahae, Wood Lane said he was not opposed, Just
~anted to know about drainage. 14r. Fart said they v4~ tie into a brook, l(r. Walker,
an abutter, representing his father, said he had no objections to the apar~ts.
Mr. Morton made a motion to take the petition under advisement. Mr. I~ ...... oad seconded
the motion and the vote was unanimous.
2. HEARING: Julia Fionte
No petitioner ~s present and there were no plans available.
Mr. Morton made a motion to continue the hearing at such a time when the necessary
plans are presented and there is a representative. Mr. Shields seconded the
motion and the vote was unanimous.
The Board discussed the t~s set for hearings to be held. ~ Ail i~uture hearings wi]_l
he set for one time and taken in order. ~_-y t*~ a hearing will only last a few
minutes a~d much t~m~ is wasted when they are set 15 minutes apart.
The Board discussed the amount of the Budget for 1966 and decided to request the
s~w~ amount - $800.
The Board discussed purchasing a tape recorder. This ~ be loo~ed into further.
3. BEARING:
HOWARD K. HEATH requested a variation of Sec. 7.23 of the Zoning By-Laws so as to
permit the erection of a single f~m~ly dwelling, on the premises located at the
easterly side of ~ighla~d View Avenue, known as Lot ~89 on Plan of Highland View
Park.
Atty. Ralph E. Finck represented ~h~ petitioner, who was also present. This lot is
45 x 100 sq. ft. and there is no other land available. Mr. Heath has owned this
lot since 1956 and desires to erect a house with set-backs of approx. 10 feet on
141
November 8, 1965 - Cont.
each side and 27 feet in the rear. The front set-back c~nforms. There were six
abutters present protesting building on mll lots, but the Board informed them
that a State law allows construction on s~all lots if-no~ other ~ is available*
and that the petitioner could ~,~ld without the necessity of a hearing if he met
the set-back requirements.
Mr. Shields ma_de a motAon to take the petition under advisement. Mr. Morton
seconded the motion and the vote ~as u~,~us.
~ ~RING: Doris & Walter Prestosz
DORIS & WALTE~ PRESTOSZ requested a variation of Se~. 6.33 of the Zo~-8 By-Law so
as to permit the variation of the lot area and street frontage requirements to
obtain two lots, one to contain 7,200 sq. ft. and one to contA~ 12,000 sq. ft.
out of eleven lots, on the premises, located at the north side of Camclen Street;
100 feet distant f~om the corner of Concord St. at C-,~en & Le~-~on Streets.
Atty. John J. Willis represented the petitioners, who were also p~esent. ~e ex-
plained that this plan of small lots was created in 1909, known as Colonial Gardens.
Lots were 25~80 and purchased in 1922 by Mrs. Annie Xasheta, now deceased, which
affected a transfer into Joint ~am~s. They desire to bn*~d on Lot B which contM-s
12,000 sq. ft. and would face the house on Lexington Street. l~rs. Prestoaz is the
granddaughter of Mrs. Xasheta and now owns the land as of January, 1965 through
inheritance. There were ten abutters present and Just asked questions. There was
no opposition.
~r. Morton made a motion to take the petition under advisement. ~r. Deyo seconded
the motion and the vote was unanimous.
In Executive session, after thorough dis~mssion, Mr. Shields made a motion to GRANT
the variance. Mr. Morton seconded the motion end the vote was unanimous.
The lot sizes are not in non-conformity with the typical influences of the neighborhood.
No obsexw~ble zoning non-conformity would appear to any passerby, nor to any adjacent
landowner.
The Board sees no derogation to abutting properties or to existing neighborhood
influences.
HOWARD K. HEATH:
After thorough discussion, Mr. Morton m~de a motion to GRANT the v~riance with the
stipulation that the front and rear egress conform with the floor plan as submitted.
Mr. Deyo Seconded the motion and the vote was un~ous.
The same reasons apply. The proposed dwelling, with the set-backs as requested,
would not he in derogation to the neighborhood.
ROY FARR:
Mr. Deyo made a motion to GRANT the Special Permit for the Apartment Develo?~nt,
Mr. Morton seconded the motion. Four voted in favor and Mr. Drummond voted ag~st
because he says there are too many apartments in town already.
142
November 8, 1965 - Cont.
The Board signed the necessary plans of the petitions that were granted.
The meeting adjourned at 9:30 P.M.
Chair~n
Clerk