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HomeMy WebLinkAbout1988-11-01The Zoning Board of Appeals held a regular meeting on Tuesday evening, November 1, 1988 at 7:30 p.m. in the Selectmen's Meeting Room. The meeting started at 7:35 p.m. The following members were present and voting: Frank Serio, Jr., Chairman, Augustine Nickerson, Clerk, William Sullivan, Walter Soule and Lou Rissin. PUBLIC HEARINGS Mary F. McCarthy Variance(undersize lots) Lot 4,5,6 Liberty St. Lot 7, Sharpners Rd. Rd. Legal notice read by Mr. Nickerson. Attorney Howard P. Speicher spoke for the petitioner. 1986 Form A filed it was R-2 and one acre lot size, has now been re- zoned to R-1 and two acre size. Ms. McCarthy has been a long-time town employee and in 1986 felt that her lots were protected at that time. The two zoning changes made at Town Meeting, she felt were not affecting her lots. Attorney Speicher stated that the purpose of these two zoning changes was to protect Lake Cochichewick because of the watershed. Ms. McCarthy's lots are not in the watershed. Lot 7, in order to have enough area would have a V-shaped area. It would not be land that could be convenientto the owner and it would create a problem in selling the lot. The ouly intent he can find for this bylaw is that it would protect the watershed. Most lots in the area are smaller than the ones in the petition. The houses would be put on the lot so as to be in compliance with the neighborhod. Building plans were shown to the Board. The buildings would be colonial in style. The Planning Board would make a recommendation to the ZBA according to the attorney, but none is here as yet. The attorney stated that he feels that there are good reasons for granting is variance. He feels that Scott Stocking did not have all the facts when he wrote the original letter to the Board on the first application. Letter in support of this petition given to Board(see file). Mr. Serio asked the present zoning of this area, and attorney for petitioner stated it had been changed from R-2 to R-l, and said that most dwellings now up are on one acre. Letter from Scott Stocking read by Mr. NIckerson(see file). Letter from Ms. Nelson, Director, read by Mr. Nickerson(see file). Mr. W. Cyr spoke in favor of this petition. He said that Ms. McCarthy had worked for him for 15 years and she was under the impression that her lots were protected and grandfathered in. Robert Colby, an abutter on Liberty St. stated that on the opposite side of the lots that Ms. McCarthy has, there is a lot of conservation land. He stated that there are seven (7) homes on Liberty St. and most are colonial in style. Moved here because of the excellent schooling and the two acre zoning and do not want looks of the neighbor- hood to change. The Longo's are opposed to this petition and letter read by Mr. Colby regarding this(see file). Mr. Hamilton, 70 Liberty St. stressed that they have conservation land next to them and most of the houses in the area do too. Mr. Daley of 34 Liberty St. spoke in opposition stating that he had purchased a lovely colonial house and does not want to have any more houses there, does not want them close and wants to keep it that way. Attorney Speicher spoke about Scott Stocking's letter regarding the setting of a precedent - and he feels that there is no such thing as a precedent. Every case is a different one and should be handled differently. Ms. McCarthy owns all the land and has no conservation land next to hers. The attorney feels that the people opposing this petition are only opposed to anyone moving into this area because of the lack of acreage. The difference would be between two or three houses added to the area. Mr. Serio suggested that maybe we could compromise. Mr. Nickerson said that the reason for the two acre zoning is to reduce density and reduce the number of school children. Attorney Speicher said that most of the things he had read were regarding the water- shed. Mr. Nickerson felt that granting this petition would definitely create a presedent, and Sttorney Speicher said he did not feel that way. The Board held a discussion in regard to the lot sizes. Mr. Serio said that there is 178,000± sq. ft. for the four (4) lots and they could be divided into three (3) lots of almost the same size as needed. Two lots would be 2 acres and one lot would be just a little under the two acre zoning. McCarthy - con'd Page 2 The abutters were asked how this proposal sounded to them, and they were shown the plans for 3 lots. There would be 2 lots on Liberty St. and one lot on Sharpner Pond Rd. Attorney Sheicher asked acout the slope easement that Mr. Cyr want for Liberty St. The banking needs to be regraded about 15-20' back on Liberty St. The easement would be given to the Town by Ms. McCarthy. Mr. Sullivan asked the petitioner if she would accept the three lots instead of four. Her attorney stated that he did not think she would accept this because of the loss of money for the added lot. The houses would be in the $200,000 to $300,000 range. Ms. McCarthy said she was upset that she had to do anything because of the grandfather clause years ago. Mr. Serio stressed that the Board was sorry that she had gotton the wrong information, but asked again if she would accept the three lots instead of the four? Upon a motion made by Mr. Rissin and seconded by Mr. Nickerson, the Board voted, unanimously, to take this matter under advisement.(Serio, Nickerson, Sullivan, Soule and Rissin). Getty Petroleum Corp. - Special Permit(maintain sign) - 785 Turnpike St. Legal notice read by Mr. Nickerson. Mr. Mark Smith, supervisor for Getty spoke for the petitioner stating that they received a violation letter about the price sign not being allowed. Mr. K. Mason, engineer for Getty stating that the sign is 40' from the road and the present sign is consistent with the ones on the street and they would like to maintain the sign as is, for product identy and visible pricing. Mr. Serio for any in favor or opposed in the audience. Letter from Scott Stocking, Town Planner, read by Mr. Nickerson (see file). Mr. Serio asked if the petitioner would consider a continuation of this hearing so you could get the things that Mr. Stocking asked for? The petitioner stated that all the free standing signs were re- moved that were in violation according to the bylaw. Mr. Nickerson said that there only three(3) signs on the property now. Mr. Serio asked if the petitioner could come back? Mr. Smith replied that they were from Providence, R. I. and it is a very long trip, but they agreed that it would be worth the trip to settle this matter. Mr. R. Nicetta read the bylaws that affected the petitioner, and he stressed that he feels the oil companies come into a town and put up just what they want, and it has to be stopped, they should all get Special Permits. Mr. Serio stated that the petitioner was not being singled out for this infraction but that all the gas companies are be- ing notified. The Getty sign and the price sign should be all in one. Upon a motion made by Mr. Soule and seconded by Mr. Nickerson, the Board voted, unanimously, to continue this hearing to the December 13th meeting.(Serio, Nickerson, Soule, Sullivan and Rissin). DECISIONS Angelina Conti - Variance(setbacks) - 71 Riverview Street Upon a motion made by Mr. Rissin and seconded by Mr. Nickerson, the Board voted, unanimously, to DENY the variance as requested. The property in question is located in the floord zone area. Lot "A" with existing building would be disapport- ionally smaller in size that Lot "B" and the access to building on adjacent lot would not be in accordance with the zoning bylaw. (Sullivan, Nickerson, Soule and Rissin) Leona Morin - Special Permit(additional bld§.) - 10-C Forest St. Upon a motion made by Mr. Rissin and seconded by Mr. Soule, the Board voted, unanimously, to GRANT th~s Special Permit as requested, according to revised plans, dated 10/21/88. (Sullivan, Nickerson, Soule and Rtssin). DISCUSSION Oage 3 L. & L. Vaughn - Special Permit(family suite) - 439 Winter Street Mr. Vaughn stated that his original plans were based on 900 sq. ft. and it would have been based on 1,164 sq. ft. Mr. Sullivan said that we granted the building of the family suite for the specific footage stated and to not feel that we can give you permission to build a larger romm that we stated. Originally 900 sq. ft. and that is what we voted on and we would have to vote again on this if you are adding more than the original plans. Petitioner cannot include the new addition as part of the original existing building. Mr. Sullivan stated that the petitioner would have to come back after he added on and ask for a Special Permit for the family suite seperately. Mr Emile Carenti, designer of the original plans explained that they could use the family room and make it into a family suite because it already exists. There is enough space to make it all on one floor with the addition. It was decided that Mr. R. Nicetta, Building Inspector, would meet with Mr. Vaughn to settle the matter and work out the plans between them. Joseph E. Carroll - Request for extension - Booth & Seville Sts. Letter read by Mr. Nickerson from the petitioner requesting an extension for one year. Mr. Nickerson also read the original legal notice to the Board. Mr. Sullivan asked why it had taken the petitioner so long to apply, and what the holdup was on the original decision. Mr. Carroll stated that because of the Planning Board and NACC regulations they have been held up and are trying to find another way to do it. Mr. Sullivan asked if it was a street problem or regarding the wetlands. The Board decided to seek advice from our attorneys in Boston and take the matter up again at the December 13th meeting. Meeting adjourned at 9:35 p.m. Next regular meeting will be on Tuesday evening, December 13, 1988 at 7:30 in the Selectmen's Meeting Room. Audrey W.! Taylor Secretary Frank~rio, Chairma~