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HomeMy WebLinkAbout1983-10-17October 17, 1983 Re§ular Meeting The BOARD OF APPEALS held a regular monthly meeting on Monday evening, October 17, 1983 in the Town Office Meeting Room with the following members present and voting: Frank Serio, Jr., Chairman; Alfred E. Frizelle, Esq., Vice Chairman; Richard J. Trepanier, Esq., Clerk; William J. Sullivan; and Au§ustine W. Nickerson. Associate Members Walter F. Soule and ~aurice S. Foulds were present for rendering decisions and Building In- spector Charles Foster was present. Letarte, Richard - Variance - Os~ood Street Chairman Serio informed the Board and the audience that Mr. Letarte has requested that his petition be withdrawn without prejudice. A letter from Mr. Letarte was read and filed. MOTION: by Mr. Frizelle to allow the petitioner, Mr. Richard Letarte, to withdraw his petition without prejudice. SECOND: by Mr. Trepanier VOTE : Unanimous - motion carries. PUBLIC HEARING Lon~, Kenneth - Special Permit Mar~.ate Road The Clerk read the legal notice. Attorney John J. Willis, Jr. was present for the petitioner and made the following presentation: The petitioner is seeking a Special Permit under Section 7, Par. 7.8 (2) under the Exceptions in the R-4 zoning district. The property is located in the R-4 district and the Zoning By Law allows by Special Permit the creation of 10,000 square foot lots with 100 feet of frontage if they adjoin each other and existed prior to 1957. The original subdivision of this area is under Plan No. 691 recorded at the Registry of Deeds in 1909. Mr. Long's property was received by deed in 1965. He was deeded four (4) lots of land on the plan with a description showing the whole of the property deeded to him. Mr. Long's home is on Margate Road. He would like to break off the vacant property which fronts on Halifax Street. At the present time, the area has a small entry on Halifax St. The proposed purchaser will construct an access/egress way on to the street. October 17, 1983 -2- Regular Meeting Long continued The roadway when finished will be less of a grade than Margate Road. He is proposing to construct a single family home. There will be a leaching field which the Board of Health must approve. The use is in harmony with the general purpose and intent of the ZBL. All of the requirements have been met. No one spoke in favor or opposition to the petition. Mr. Jack Sutton, abutter, asked if the roadway will be 40 feet. Atty. Willis responded that it is owned to the center by the abutting land owner. It can be used for access/egress. The buyer intends to put a driveway to the property. The trees will be cleared. Mr. James Zahoruiko, the proposed purchaser, added that it will be wide enough for two cars. Building Inspector Foster said that it is a 40 foot right-of-way for access/egress. Atty. Willis added that they have a right to gain access to the proposed house and Mr. Zahoruiko added that he will not pave it yet, but hopes to some day. Mrs. Margaret Su%ton added that when it rains, it tears it out. The top half of the road will have to be fixed. Mr. Zahoruiko said that the town might come in and oil it to make it better. MOTION: by Mr. Frizelle to take the petition under advisement. SECOND: by Mr. Trepanier VOTE : Unanimous - motion carries, DECISIONS Gustus, Leonard - Variance - Turnpike St. Sitting: Serio, Frizelle, Trepanier, Soule, Foulds MOTION: by Mr. Foulds to grant the variance with the condition that the sign be limited to 3' x 5' and that it be lit from within in line with the light poles and on the October 17, 1983 -3- Regular Meeting Gustus - decision - continued petitioner's property not to extend over the property line. SECOND: by Mr. Frizelle VOTE : Unanimous - motion carries Bulmer Animal Hospital- Variance - Chickerin~ Road Sitting: Serio, Frizelle, Trepanier, Soule, Foulds MOTION: by Mr. Frizelle to grant the variance from the 10 foot setback requirement of Section 6 subject to the condition that the sign post be placed on the petitioner's property and that the sign must hang over the petitioner's property and no part will hang over State property. SECOND: by Mr. Trepanier VOTE : Unanimous - motion carries. Elander, Frank Variance Chestnut St. Sitting: Serio, Frizelle, Tre~anier, Soule, Foulds MOTION: by Mr. Trepanier to grant the variance as requested. SECOND: by Mr. Soule VOTE : Unanimous - motion carries Dusha.me, Frank - Variance - Lexington St. Sitting: Serio, Frizelle, Trepanier, Soule, Foulds MOTION: by Mr. Frizelle to grant the variance as requ~sted. SECOND: by Mr. Foulds VOTE : Unanimous motion carries. Long, Keinneth - Special Permit Margate Rd. Sitting:l Serio, Frizelle, Trepanier, Sullivan, Nicker;on MOTION: by Hr. Frizelle to grant the Special Permit a requested. SECOND: by Mr. Trepanier VOTE : Unanimous - motion carries. Dushame, Frank Variance - Lexington St. MOTION: by Mr. Frizelle to reconsider the Dushame dec sion. October 17, 1983 -4- Regular l.leeting SECOND: VOTE : MOTION: SECOND: VOTE : The meeting adjourned at 9:00 p.m. by Mr. Trepanier Unanimous - motion carries. by Mr. Frizelle to grant the variance as requested subject to the condition that only ~ single family dwelling be constructed on Lot B (the 8,000 s.f. lot). by Mr. Trepanier Unanimous Secretary