HomeMy WebLinkAbout1960-12-19The regular monthly meeting of the Board of Appeals was held au Monday, December 1960
at 7~30 PM at the To~n Office Building. l/embers present and voting were: Daniel T.
OtLeary, Chair~--, Charles Foster, Secretary, Henry Luad and Associate Member Harold
Morley Jr. The Chairman designated Mr. Morley to sit in place of Mt. Gilman, regular
member who was absent.
1st hearing. Vincent Aleci requestion a variation of Section 4.17 Paragraph O of the
zoning By Law so as to permit the erection of a building to be used for the raising only
of chickens on the premises located on the East side of Turnpike (Rte 114) 1/2 mile South
of ~ill side Avenue.
Attox-aey Alfred Daniels appeared for the petitioner and pointed out the proposed building
would be far enough from the highway and would be -l~ost concealed from the road. He
also stated the petitioner would only riase chickens, there would be no slaughtering.
Mr. Lund asked how close the corner o~ the buildA~ would be to the lot line and was told
approximately 20 feet.
Mr. O'Leary asked Mr. Daniels if he had a refusal frc~ the Building Inspector but was told
he had asked for one but had not received it.
Edward Phelen, Chair~,~_n of the Industrial Development C~w~ttea stated the C~mittee was
opposed to t~is because in the future it is hoped the Turnpike would be Commercial.
It was pointed out to the Board a camp has been put up au this lot and there is no record
of this building having a permit.
Mr. Phelan said the Industrial Co, tree does not want this ~ building ca the Turnpike.
Gasper Balsame, 7 Wesley Street told the Board he was neither in favor or oppcaimg the
variance. Mr. Balsamo stated he was ~a the p~ulty business and could not understand how
a building fifteen feat wide could be used ~ the raising of chickens. He stated if the
variance were granted he felt the building would have to be expanded.
Mr. Dandenea~ appeared for Hiss Haverty and stated Hiss Haverty opposed the variance as
her land was across the street.
Mr. Foster asked Mr. Aleci if he had raised chickens before and was told Mr. Aleci had
raised chickens before in a s~_.]ler coop. Mr. Foster then asked how many chickens Mr. Aleci
planned to raise and was told 500.
Mr. Burke ~oved to take the matter under advisement. Mr. Lund seconded the motion.
~-d bear~. Village Land Company requested a variation of Section 4 Paragraph 4.11 of the
zoning .By Law so as to permit the conversion of the present dwelling into three apartments
on the premises located at the East side of Bixby ~venue 13 feet distant frc~ the corner
of Water Street known as 4 & 6 Bixby Avenue.
~ohn Costello appeared for the petitioner and pointed out there are four ~J five
apartmewt houses in the area. He also stated there would he no outside changes. The
only change will be to put in the stairway to cc~ply with the law. Mr. Costello said
he felt this would be an improvement to the area.
There was no opposition present.
~r. Burke moved to take the matter under a~visement.
Unanimous vote.
Mr. Lurid seconded the motioa.
3rd hearing. Sherwood Homes, Inc. requested a variation of Sectioa 6 Paragraph 6.31
of the zoning By Law so as to permit the division of four lots into twe lot~ ia
aceordance with procedure permitted uader Paragraph 6.62 on the pr_~m~ses located in t~
.~ast side of Patroit Street at the corner of Belmont and Sargent Streets.
Mt. Shield appeared for h~mself and pointed out this is being done to conform to the
Zon~Ing requirments. The lots will be appromimately 10,000 sq,_,_~e feet eaeh instead
of 5,000 square feet.
Attorney Cregg representing the Donovans appeared before the Board ane asked to see
the plan showing the original four lots. Plans from the Assessor's Office were
shows to Mr. Cregg.
It was .pointed out to Mr. Cregg these were not the lots the Donova~s were interested
in.
There was no opposition present.
Mr. Bn~ke moved to take the matter under advisement.
U~us vote.
Mr. Foster seoonded the motion.
4th heariag. Sherwood Homes, Inc. requested a variation of Section 6 Paragraph 6.31
of the zoning By Law so as to permit the division of four lots into two lots ia
accor&~w_ce with procedure permitted under Paragraph 6.62 on the premises located at
the West side of Baldwia Street at the corner of Union Street.
Mt. Shield appeared for hqmaelf and pointed out this is being done to have two lots
containing appro~m~tely 10,000 square feet each in order to meet the requirements
of the F. omi~g Law.
There was no opposition present.
Mr. Morley moved to take the matter under advise~ant. Mr. Lund seconded the motion.
Unanimous vote.
Mr. William Shann appeared Before the Board asking for a hearing as he would like to
have his dwelling and land recorded at the Registry of Deeds. He stated he was not
sure whether a hearing was necessary.
Mr. Shawn explained to the Board he had sold land around his present dwelling and
has ~ found out his land is illegal and that he must have the ncessary signatures
on the plan in order to have it registered.
Mr.E~r said he felt Mr. Shann should go to the Planning Board for relief
was not a matter for the Board of Appeals.
Mr. Sh,~ said he had seen Mr. Barman and l~r. Bantam was going to see To~m Oou~sel~'
regarding this m~tter but that he would like to have a hearing set up in case this
was a m~tter for the Board of Appeals.
Mr. Foster said he felt a hearing should be set up and if the Planni~ Bca~ sig~a
the pla~s Mr. Shana will cancel his heariag.
(Contin ed)
A dis~d~8tca ~e-Md on the eve~g*s hea~in~s,
~r. Morley ~ to ~t ~e ~ce to Sh~ ~e8 ~ t~ir two ~iti~
~bJem~ ~ ~ei~ a ~it~ ~ ~ t~r opti~ to ~ t~s 1~ ~
V~a~ ~ C~. ~. Fost~ sec~d~ t~ ~ti~. ~s vote.
V~t ~i's ~iti~ ~s ne~ ~.
~. ~d told t~ Bo~ ~ lots ~re a t~y foot side ~e so ~ c~d not
~ders~d how the ~titioaer c~d ~ld a cM&ea co~ ~ a tw~ty foot side l~e.
~. ~ s~t~ ~ felt ~ ~d ~d not~ ~ do ~th t~s ~a~e t~ ~titi~
~d ~re t~ t~ee acres of l~d ~ ~der ~ Zo~-~ ~ Law ~ e~ raise c~ck~s
~t~t c~ ~ the Bo~.~
Mr. O'Lear~ said he felt this utter lies with the Building I~specto~. ~r. Luad
said he felt this application did not helcag to the Board.
The Board decided a letter should be writte~ to Attoraey Daniels that the Board of
Appeals had no Juri~iictiom ca this ~atter but that it t8 a matter for the Building
Iaspector.
Mr. BurMe moved to gra~t the variance to Village Land Coz~a~y to change the premises
on Bixby Avenue to a three apart~cat dwelling. Mr. Luad aecoaded the ~otica. Uaa~haou~
Mr. O'Leary brcaght up the fact that the Special TOga Meeting was going to be
ca Jazzy 16 which is tha Board regular meeting ~ight a~d asked the Board if they
would-Prefer to have the Board's meeting on January 23. The Board agreed to this.
'Bills were sigaed for
Mary Doherty $ 78.75
Mr. Burke moved the ~eeting adJoura at 9:45 P~. Mr. Ltmd seconded the motica.
Umanimous vote.