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HomeMy WebLinkAbout1968-12-09Monday - December 9, 1968 Meeting & Hearings The BOARD OF APPEALS held their regular, meeting on Monday evening, December 9, 1968 at 7:30 P.M. in the Town Office Build~ng with the following members present ' and voting: James A. Deyo, Chairman; Arthur Drummond, Secretary; Daniel T. O"Leary, J. Philip Arsenault~ Esq., Donald J. Scott and Associate Member William Deyermond. There were 18 people present for the hearings of the evening. 1. HEARIng: RAY FINOCCHIARO. Mr. Drummond read the legal notice in the appeal of Ray Finocchiaro requesting a variation of Sec. 6.51 & 7.5 of the Zoning By-Law so as to permit the erection ~f a buildin~ to store two tractors and two trucks and tools on the premises, located at the east side of North Main Street; at the corner of Riverview Street. The letter of denial from the Building Inspector was read. He could not be issued a building permit because the proposed building would be closer to the lot lines than is allowed by the Zoning By-Laws and the lot formed by this plan is smaller than that required in an Industrial area. ~ Mr. Dan O'Lenio, Saunders St., spoke for the petitioner, who was also present. The petitioner has $15,0OO to $20,000 worth of mechanical equipment which is presently being left outdoors at his home on Upland Street. Charles Matses owns the land and offered it to Finocchiaro if he could get a variance to build the garage on it. It is an odd shaped lot and could not be used for anything in the future. It contains 15,550 square feet and has a large brook running along the rear of the lot. The lot is too small for industrial use. This would be a nice buil~ug and would bring revenue to the town. It would be an asset to the neighborhood. Atty. Thaddeus Palys spoke in opposition as representing Mr. and Mrs. Thomas LaceY of 37 N. Main Street. Atty. Palys stated that the petitioner has not complied with Section ~.~l of the ZoningBy-Law. That there is no hardship involved as defined by the statute of General Laws Chapter 4OA, Section 1. The hardship is not to this particular locus. It would increase the danger of safety by storing trucks, equipment, etc. There is residential property abutting the area involved. Mr. O'Leary asked the petitioner if they could acquire more land. Mr. O'Lenio stated that they can't go across the brook for more land. The lot will reamin as it is now if no use is made of it. Mr. Lacey said he had tried to purchase the lot from Mr. Matses but he wouldn't sell it. Mr. Lacey has lived in that area for the past 14 years. Chairman Deyo asked if it was a definite lot now or if it was part of the area. Mr. O'Lenio said it is a part of the Matses property and not defined as a separate lot. Mr. Benjamin Sweeney, an abutter, was recorded as not objecting. Mr. O'Leary made a motion to take the petition under advisement. Mr. Drummond seconded the motion and the vote was unanimous. December 9, 1968 - cont. M~',~IED APARTMENT PETITION: Mr. O'Leary did not sit on this petition. A.M. Deyermond sat in his place. Atty. Charles Trombly requested reconsideration of the Board's decision of Nov. 29, 1968 in which they denied the special permit for an apartment development. The Board discussed the contents of the letter with Atty. Trombly. The Vice President of First Hartford Realty was ~present. Atty. Trombly thinks his reasons for reconsideration are valid. He said the traffic could be directed differently and b~f£er zones could he put in. The Board could limit the exits on Andover Street and Bevin Road which is farthest away from any residences. They would accept any conditions of the Board and provide any new plans. They ~feel this development would be in the best interests of the town. They think this property should be given the same treatment as the Flatley-Puccio petition. Mr. Arsenault said it might be proper to have another hearing if new access roads are to be made. In fairness, abutters should be given a chance to k~ow of any chan~es to be made. Mr. Trombly said they would prefer reconsideration. Mr. Deyermond made a motion for reconsideration. Mr. Drummond seconded the motion and the vote was ~-1 with Mr. Arsenault voting no. Mr. Scott made a motion for re-hearing, seconded by Mr. Deyermond and voted unani- mously. WHITTAKER PETITION: Mr. Wiiliam Whittaker appeared before the board relative to the decision made on his petition for a variance for a garage and said that it was impossible to build the garage 5 feet away from the lot line as the board had requested and hefurther explained the shape of the lot, etc. Mr. O'Leary made a motion to reconsider; Mr. Arsenault seconded the motion and the vote was &-yes and Mr. Drummond abstaining. Further discussion was held and Mr. O'Leary made a motion to grant the variance of a 2 foot setback on the condition that there is no overhang on abutting property. Mr. Scott seconded the motion and the vote was &-yes and Mr. Drummond abstaining. WALKER APARTMENTS: Atty. John J. Lynch presented more detailed plans to the Board of the ap~.tment development showing utilities, streets, etc. The board approved and signed the plans. IPPOLITO PETITION: A letter was received from Town Counsel relative to the private may, which the Board discussed. Mr. O'Learymade a motion to grant the variance; Mr. Scott seconded the motion and the vote was unanimous. The members signed the plans. 1969 BUDGET: The board agreed to request $1500 for the 1969 budget to cover salary and expenses. December 9, 1968 - cont. FINOCCHIARO PETITION: The members discussed the Finocchiaro hearing. Mr. O'Leary made a motion to grant the variance. Further discussion was held and Mr. O'Leary withdrew his motion. Mr. Scott made a motion to view the premises before a decision is made. Mr. O'Leary seconded the motion aud the vote was unanimous. The board will view the premises and report at the next meeting. The meeting adjourned at 9:30 P.M. (James A. Deyo) (Anna Donahue) Chairman Clerk