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HomeMy WebLinkAbout1988-12-13The Zoning Board of Appeals held a regular meeting on Tuesday evening, December 13, 1988 in the Selectmen's Meeting Room at 7:30 p.m. The following members were present and voting; Walter Soule, Acting Chairman, Louis Rissin, Acting Clerk, Anna O'Connor and Raymond Vivenzio. Frank Serio, Jr. arrived at the meeting later in the evening and assumed the Chairman duties. Mr. R. Nicetta, Building Inspector attended the meeting. PUBLIC HEARINGS Thomas & Carolyn Barnes Variance - 76 Saunders Street Legal notice read by Louis Rissin. Mr. Barnes spoke for himself and explained that they want to extend the existing porch the entire length of the house to make it look more attractive and they are hopeful that it will also improve the drainage on the property. The cellar floods at the present time. Mr. Vivenzio asked what part was the deck and what part was porch on the plans. No one from the floor spoke in favor of this petition. No correspondence received on this petition. Mr. Rissin asked if the one-story ranch with the roof pitched would blend with the addition, and Mr. Barnes stated that it would. Ms. O'Connor made a motion to grant this petition but no second received, Attorney Peter Shaheen spoke for Attorney G. Stella who was unable to attend the meeting but represented Ms. Hurrell, an abutter who is in opposition to the petition. Feels that it will have an effect on her standard of l~ving. It would be on her side of the house and will affect her property. Mr. Rissin asked it there were any shrubs or fence on that side and Mr. Barnes said no. Ms. O'Connor stated that Ms. Hurrell is not at that house during the summer, and that Mr. Barnes only wants to lengthen the porch, not widen it. Mr. Vivenzio and Mr. Rissin want to take a look at the property before a decision is made. Motion made by Mr. Vivenzio and seconded by Mr. Rissin to take this matter under advise- ment. Vote was unanimous(Soule, O'Connor, Vivenzio and Rissin) William P. McGuigan Variance 453 Johnson Street Legal notice read by Mr. Rissin. Mr. McGuigan spoke for himself requesting permission to add a garage to the house. He presently has one garage and two cars so he wants another garage for the other car. It will be on the corner with the same driveway on Johnson Street. Mr. & Mrs. Howard, abutters, think he should be allowed to put it on. No one spoke in opposition to this petition. Mr. McGuigan assured Mr. Rissin that the roof on the new garage would be the same as is there now. Upon a motion made by Mr. Vivenzio and seconded by Ms. O'Connor, the Board voted, unanimously, to GRANT the variance as requested. Paul S. Connors Party Aggreived - 18 Autran Avenue Legal notice read by Mr. Rissin. Attorney Robert J. Annese spoke for the petitioner. He stated that the house should be 30'x 28'and is 30' x 44' and he does not want the larger house on the lot. Stated that the previous Building Inspecter was informed of this and no response, but did get a good response from Mr. B. Nicetta, present Building Inspector. The claim has been filed in Court stating that the house is larger than is allowed. The plans originaly called for 20' x 28'. The petitioner stated that the Board promised that the plans would be followed exactly. Need relief from this Board so that they can go to Court again. Letter from Building Inspector, Robert Nicetta given to the Board. Petitioner's attorney fells that the building should come down. Mr. Souie stated that this Board only has the authority to allow setbacks. Mr. Connors spoke for himself stating that the original building permit does not jive with the ZBA decision. Connors - con'd Page 2 Upon a motion made by Mr. Vivenzio and seconded by Ms. O'Connor, the Board voted, unanimously, to TAKE THIS MATTER UNDER ADVISEMENT. Henry A. Jewell Variance 497 Wood Lane Legal notice read by Hr. Rissin. Mr. Jewell spoke for himself stating that he wants a tool shed in back of his house. He has taken this matter up with all of his abutters except Mr. McAloon who does not want the tool shed built. Mr. McAloon is an abutter in the back of the property. The shed would be 10~ x 16' cement on posts. No letters received on this petition. Mr. Nicetta, Building Inspector, stated that anything 64 sq. ft. or under can be put up, anything 64 sq. ft. or over has to be no nearer than 5' from each sideline. He wants the Board of abide by the bylaw. Mr. McAloon stated that he had told the petitioner that he could not build that close to the line and he would need a permit. When the petitioner requested a building permit, he was told to go to the ZBA for a variance be- fore a permit could be issued. The petitioner wants the shed in that certain area be- cause water drains into the present shed where it is located. Ms. O'Connor asked why he didn't put the shed 5' from the line and he said that he wanted to put a tractor in it. Mr. Vlvenzio stated that he felt that if this petition was granted it would set a bad precedent and others would want the same thing. He also finds that no hardship is shown. Mr. Soule stated that there seems to be plenty of room to put the shed in another place. Mr. Rissin stated that the shed could be attached to the house and he sees no hardship in this petition. Upon a motion made by Mr. Vivenzio and seconded by Mr. Rissin, the Board voted, unanimously, to DENY this variance as requested.(Soule, O'Connor, Vivenzio and Rissin). 129 Realty & Trust - Variance - 129-131 Main Street Legal notice read by Mr. Rissin. Mr. K. Bernier, Manager spoke about the 129 building. They want to have the lower level occupied by tenants. The plans showed that they would be adding two or three walls to make rooms for the tenants. Mr. Soule asked to see the plans and asked where the walls would be and how many? The manager stated that there would be four (4) rooms plus storage. Letter from Scott Stocking, Planner read by Mr. Rissin(see file). Building Inspector, Robert Nicetta shown the plans and the lay- out of the proposed stores. He stressed the fact that State Building Code 610.0 states that access and exit by a continued passage, asiles, or corridor be provided in order to get out. According to the manager, a corridor will be provided. Mr. Nicetta said that Section 8--Off-street Parking, required ten (10) parking spaces for this type of building. He stated that they are many businesses in town and they all need additional parking and he is against adding any further businesses to downtown, primarily because of parking and fire access. Mr. Goldstein stated that he understands the problem of the parking and that the Post Office and the Dairy Queen sees many people each day and it does not seem to be a problem. Previous tneants want to come back to this location, and they would have only 20-30 people a day visiting nothing like the other businesses in that location. Mr. Soule asked if any proposal for parking had been provided to the Board, and Mr. Goldstein said nothing as yet. Mr. Vivenzio said that he does not feel this petition is correct and that it should be denied or withdrawn. Mr. Goldstein stated that the neighbors do not oppose this petition. Mr. Vivenzio stressed that this application does not ask for the correct information. Mr. Soule stated that the parking is a real problem and it has to be addressed as everyone has the same problem. The manager stated that to add more parking, we would have to close off the back street. Ms. O'Connor asked how many businesses were there before, and was told five (5), Chipps, Vogue, I've Been Framed, a video shop and the Ridgewood Cemetery office. Mr. Vivenzio asked if the petitioner had any objections to withdrawing this application and coming back with the new application showing the corrider? Mr, Bernier, manager, had no objections 129 Realty & Trust - con'd Page 3 Upon a motion made by Mr. Vivenzio and seconded by Mr. Rissin, the Board voted, unanimously, to ALLOW THE PETITIONER TO WITHDRAW WITHOUT PREJUDICE.(Soule, Rissin, Copy of Scott Stocking's letter requeste by the manager. Vivenzio, O'Connor) Mohmoud Kawsari - Party A~greived - 27 Coacbm~n's Lan~ Legal notice read by Mr. Rissin. Dr. Kawsari spoke for himself and said he had the boat in the same place last year and also had the permission of the Police Department for it. There had been a complaint and he want to keep the boat in the same place this year and will move it next year to a better location in the yard or get another place for the boat. A special truck is needed to move it. Mr. Nicetta, Building Inspector read the bylaw applying to this application. He stated that the 38' sailboat is in the front of the house on the side of the garage. It is a large boat and with the topography of the land, it would be a difficult thing to get it into the back yard. Mr. Nicetta feels that the destruction of the trees would be worse than leaving the loat in the present spot. The petitioner told Mr. Nicetta that the boat would not be brought back next year. The petitioner stated that beginning in May, 1989, the boat could be moved with two (2) weeks notice and before June 1, 1989. Ms. O'Connor asked if the boat would fit in the garage and the petitioner stated no, but it would fit in the back yard behind the garage. The Board supports the Building Inspector but will allow the petitioner to store the boat until June i, 1989. It must be removed prior to that date. Upon a motion made by Mr. Sullivan and seconded by Mr. Soule, the Board voted, unanimously, to support the Building Inspector but will ALLOW the petitioner to store his boat on the premises at 27 Coachmans Lane, subject to the condition that the boat be removed prior to June 1, 1989. The Building Inspector feels that it would be detrimental to the wooded area to move the boat at this time.(Serio, Sullivan, Soule, Vivenzio, Rissin) John &Patricia Leahy Variance 90 Middlesex Street Legal notice read by Mr. Rissin. Attorney Peter Shaheen spoke for the petitioner, and he presented the Board with booklets explaining the petition. In September of 1987 an addition was put on the house and a building permit was issued and the addition put on the building, they they applied for an occupancy permit. When they went to the bank for a mortgage, the bank stated that they were too close to the lot line. The previous building inspector checked and said it was alright. This must have been a human error and only because of the bank loan did this come up. Most abutters were at the meeting and they have no objection to this petition. This was a mix-up and not done deliberately and the addition is an improvement to the neighborhood. The petitioner also wants to extend the garage from one to two spaces. Letter from Scott Stocking, Planner, read by Mr. Rissin(see file). No one spoke in opposition to this petition. Abutters from Lyman Road(Trainer), Middlesex Street(Rowe) and Pilgrim Road(Zapalla) said they had no problem with this petition. Upon a motion made by Mr. Sullivan and seconded by Mr. O'Connor, the Board voted, unanimously, to GRANT the variances as requested for both the addition to the house and the garage(Serio, Sullivan, Soule, O'Connor and Rissin). Lot 7, Sharpner Pd. Rd. ~ary F. McCarthy - Variance - Lot 4,5,6 Liberty St. Upon a motion made by Mr. Soule and seconded by Mr. Sullivan, the Board voted, unanimously, to GRANT the variances as requested subject to the following conditions: Lots 4,5,6 be- come two (2) two-acre lots on Liberty St. and Lot 7 one (1) buildable lot on Sharpner Pond Road provided new plot plans be submitted to the Board showing this. Variance for area of Lot 7 on Sharpener Pond Road is also granted.(Serio, Sullivan, Soule, and Rissin). Page 4 Getty Petroleum Corp. SpeCial Permit - 785 Turnpike St. Upon a motion made by Mr. Sullivan and seconded by Mr. Soule, the Board voted, unanimously, to GRANT the Special Permit as requested subject to the condition that the erection of the identification sign, with price sign incorporated within the same face, is in com- pliance with bylaw and per plans submitted to Building Inspector. The petitioner has 90 days to complete this, prior to March 31, 1989.(Serio, Sullivan, Soule and Rissin). Mr. Sullivan will not be at our next meeting, January 10, 1989. The meeting was adjourned at 9:45 p.m. Audrey W,~rTaylor, S~etary /F~a~erio, ~n