HomeMy WebLinkAbout1967-10-23M~nday - 0cto~er 23, 1967
Speolal Meeting & Hearings
:21:3
The BOARD OF APPEALS held a Special Meeting on Monday evening, October 23,
1967 at 7:30 P.M. in the Town Office Meeting Ro~m. The foll=~ing members were
present and voting: J~s A. Deyo~ Chain-man; Arthur Drummond, Secretary; John J.
Shields, Daniel T. O'Leary and Associate Member Robert J. Burke, who sat in place
of regular member Donald J. Scott.
There were about 20 people present for the hear~-~s of the evening.
Mr. Dx-~m~ond read the legal notice in the appeal of Arthur Avila who requeste~
a variation of Sec. ~11 of the Zoning By-Law so as to permit the remodelling of a
large two-f,~l~ residence to provide four fem~ly units on the premises, located at
the north, side of Main Street, 150 feet distant from the corner of Merr~ck St.
and known as No. 226 Main Street.
Mr. Avila spoke on his own beh*l*. He argued that there is a strong nee~ for the
type of apartments he intended to create. The ex%erior ~ppearance of the house
would be very slightly altered in creating the apartments. ~ intended to modernize
and rework the interior of the house improving it and its value.
Mr. Mitchell Bootman spoke in favor of the petition reiterating the nee~ of such
apartments. Several persons present expressed concern over the number of cars t~at
might be parked and their proximity to neighboring yards. Those speaking were~
Mr. Jean Phaneuf, Mrs. JA,~S, Mr. James Make_r, all abutters.
Mr. Shields made a motion to take the petition under advisement, seconded by Mr.
DrU~ao~i and voted unanimously.
2. HEARING: Mangano Realty Trust.~
Mr. Dx,mc, end read the legal notice in the appeal of Mangano Realt~ Trust who
requested a variation of Se~. 6.31, 7.1 and 7.23 of the Zoning By-Law so as to
permit the division of land into two parcels, on which are already located two
houses. Lot A to have an area of 6,816 sq. feet and Lot B to have an area of ]], 184
sq. feet on the pr~t~es, located at the south side of t~mkerhill Street; at the corner
of Concord Street and known as No. 27 & 35 Bunkerhill Street.
Atty. Salvatore J. Basile represented the petitioner. Mr. Basile plea~ed the case
by stating that there were t~o be no physical cb--ges to the area as a result of the
proposed division. As the lot currently has two houses ~,t]t upon it, it was their
Proposal to divide the lot into two parcels such that each could he treated as
separate entities in the fUture. As presently situated the applicant would be
sorely handicapped in attempting to sell either house as they must he considered as
a package of two. He ag-t~ stated that there would be no changes made to the area
as a result of the lot division.
Mr. Bootman says he lives across the street from the property and is in favor of the
petition.
Mr. Burke made a motion to take the petition under advisement. Mr. Shields seconded
the motion and the vote was
214
October 23, 1967 - Cont.
R. & S. CONSTRUCTION COMPANY: APARTMENTS.
Atty. John J. Wtllis appeared before the Board and presented a complete set of
plans for the apartment development of R. & S. Construction Co. The Special Permit
had been granted Sept. 29, 1963 for 200 apartments. 125 apartments have already
been constructe~ and he is now applying for a plot plan review for the remm~t~E
74 apar+.~_nts.
The plans comply with all requirements of the Zont:ng By-Law, side lines, etc.
There is no proposed public way. The roadway will be a private driveway to
service the apartmants. He said there is a possibility that the R. & S. Co. will
run the sewer line down Ipswich Street. There is sewerage now on Cotuit Street
and Waverly Road. They have paid over $30,000 to bring sewer and water in. They
also have to comply with FHA requirements. They have to get Board of Appeals
approval in order to bring the plans to the FHA. This will complete the apartments.
There is no further laud available in this area.'
M~. Shields noted to Atty. Willis that there are no previsions for any type of
recreational area. Mr. D~nd also spoke about having some sort of playground
facilities.
Mr. Wtllis said he would present the Board's suggestions to his client.
Mr. Shields also spoke about their being only one egress to Rte. 125 and is very
concerned about it.
Mr. Willis said that this is no w-tter of concern to the Board at this time. At
same time it may be possible to go out on Ipswich Street. He would like to have a
decision in a couple of weeks if possible. The FHA takes a long t~m- and he would
like to start building in the Spring if possible.. He said his client is reasonable
and may possibly come up with something as to recreational facilities.
Mr. Shields again, spoke about the possibility of creating a second egress.
Mr. Shields made a motion to take the request under advisement. Mr. Drummond
seconded the motion and .the vote was unanimous.
PICERILLO AND MULHOT.T.AND:
A letter was received from Atty. Harold Morley, Jr. requesting that the
petition for Picerillo and Mulholland be withdrawn without prejudice.
Mr. Shields made a motion to accept the withdrawal. -Mr. Burke seconded the motion
and the vote was unanimous.
JOEL SCHECHTER:
A brief was received from Norman Lentz and a letter from Western Electric
Co. against the apartment development of Joel Schechter.
Mr. Drummond read the letter from Western Electric. Mr. Shields made a motion to
accept the letter and place it in the file for consideration of the petition.
Mr. Drummond seconded the motion and the vote was unanimous.
o15.
October 23, 1967 - Co~t.
The brief that was received from Norm-u Lentz was read. Mr. Shields made a motion
to accept the brief and place it in the file for consideration of the petition.
Mr. Burke seconded the motion and the vote was unanimous.
The Board could not take any action on this petition or on the petition of Kevin
Donovan since the same members are not present that sat on the original hearing.
RULES AND REGULATIONS OF THE BOARD:
Mr. Shields made a motion that the Rules and Regulations of the Board of
Appeals as adopted on November 14, 1966 be recorded with the Registry of Deeds.
Mr. Drummond seconded the motion and the vote was unant_mous.
EXECUTIVE SESSION:
1. Arthur Avila:
The Board considered the petition and found it to be substantially valid.
A motion was made by Mr. Burke, seconded by Mr. 0tLeary, to grant the petition
subject to certain conditions which will be cited. The motion was carried
unanimously.
The reasons for granting are:
1. Granting the petition will not deviate from the intent and purpose of the
Zoning By-Laws.
2. Denial of the petition would cause hardship, financial or otherwise, to the
petitioner.
3. Approval of this petition is contingent upon the applicantls meeting the
following conditions:
a. A metal garage, on the premises in the rear of the building, ....
~ is to be completely razed.
b. The parking area, in the rear of the building, shall not be closer
than ten feet to either side or rear lot line.
c. A suitable fence shall be erected along the northerly lot line.
MANGANO REALTY TRUST:
The arguments were discussed and found to be substantially valid. Upon
motion by Mr. Shields and seconded by Mr. O'Leary, the petition was granted
uuanimously with one condition as is noted below.
The reasons for granting are:
1. Granting the petition will not deviate from the intent and purpose of the
Zoning By-Laws.
2. Denial of the petition would cause hardship, financial or otherwise, to the
petitioner.
3. And that to the casual passer-by there would be no visible evidence of a
change in the area.
216
October 23, 1967 - Cont.
4. A condition to be met is that a small play house situated on or near the new
lot line be moved at least 12 feet from said line.
The Board signed the necessary plans.
The meeting adjourned at 9:00 P.M.
JAD Chairm~B