HomeMy WebLinkAbout1981-07-21July 21, 1981
Special Meeting
The BOARD OF APPEALS held a special meeting on Tuesday evening,
July 21, 1981 in the Town Office Meeting Room. The meeting was
a continuation of the Board's July 13, 1981 meeting. The follow-
ing members were present and voting: Frank Serio, Jr., Chairman;
Alfred E. Frizelle, Esq., Vice-Chairman; Richard J. Trepanier,
Esq., Clerk; William J. Sullivan; and Augustine W. Nickerson.
Associate Hembers Raymond A. Vivenzio, Esq. and Maurice S. Foulds
were also present.
Note: Member Trepanier sat on the public hearing only.
PUBLIC HEARING
Follansbee, Scott - Special Permit - Earth Removal - Sharpner's
Pond Road.
The clerk read the legal notice.
Mr. Rhys Kear was present representing ~Ir. Follansbee of Andrew
Circle Realty Trust.
Major points:
- A Form A plan has been submitted to the Planning Board and
a committee has been established to review the plan.
- A conceptual plan has been developed.
- They are here to renew the permit to draw this chapter to a
close and to change the site to 13 house lots.
Member Frizelle asked if the bankbook has been changed and Mr~
Kear replied that he be)ieves it has been. Frizelle cautioned
the Board that the matter must be taken care of before any permits
are granted.
Hr. Kear then showed the plan to the Board and when asked who owns
the road, he replied that it will be deeded out to individual owners.
He added that the majority of the removal will be to shape up the
development.
Member Frizelle then asked about an access road and Mr. Kerr replied
that there is none at the present time. Mr. Frizelle questioned how
this meshes with the various plans on file and Mr. Kear responded
that there are a number of plans on file relative to the proposed
and existina topogrphy. They will design each lot by Title V DEQE
(septic system requirements).
July 21, 1981
-2-
Special Meeting
Sharpner's Pond Rd. - continued
Member Sullivan asked whether Sharpner's Pond Rd, is a town road
or a state road and Mr. Kear replied that this has not been
de~erm, ined yet.
No one spoke in favor or opposition.
A letter from the Building Inspector was read.
MOTION:
SECOND:
VOTE:
by Mr. Sullivan to take under advisement.
by Mr. Frizelle
Unanimous - motion carries.
DECISIONS
DiCarlo, Richard - Variance and Special Permit - Chickerin~/Main Sts.
Sittinp: Serio, Frizelle, Sullivan, Nickerson, Vivenzio
MOTION: by Mr. Frizelle that the request of the petitioner for
a variance and special permit be denied.
SECOND; by Mr. Vivenzio
REASON:
The provisions of Section 10.31 of the Zoning By Law which
require that the specific site is an appropriate location
for such a use~ struct~re,:or condition have not been
satisfied. The proposed use of the location for a
liquor store is not an appropriate use for the neighborhood.
As to the variance, the specific condition of Section 10.4
of the Zoning By Law have not been satisfied; namely, that
a sufficient hardship has not been shown to grant the
variance as requested.
VOTE:
In favor - 4 (Serio, Frizelle, Vivenzio, Nickerson)
Opposed 1 (Sullivan)
Steven Broderick - Variance and Special Permit - Phillips Court
MOTION: by Mr. Vivenzio that the variance ans special permit be
denied.
SECOND: By Mr. Frizelle
REASON:
The petitioner failed to safisfy the requirements of
Section 10, Par. 10.31 (1). Also, the petitioner failed
to satisfy the provisions of Section 10, Par. 10.4;
namely, that a sufficient hardship has not been shown.
VOTE~ Unanimous ~ motion carries,
July 21, 1981 -3- Special Meeting
Regan, Robert - ~pecial Permit to extend use of Industrial zone
Mr. Regan presented deeds to show ownership in 1972.
MOTION: by Mr. Frizelle that the special permit be granted as
requested.
SECOND: by Mr. Nickerson
REASON: The Board finds that there was one owner of the property
on June 5, 1972 and that all of the conditions of
Section 10.31 have been satisfied,
VOTE: Unanimous - motion carries.
Marchese, Salvatore - variance - Bradford St.
MOTION: by Mr. Vivenzio to grant the variance as requested.
SECOND: by Mr. Frizelle
VOTE: In favor - 3 (Vivenzio, Frizelle, Serio)
Opposed - 2 (Sullivan, Nickerson)
Motion fails petition is denied.
Arlington Trust Co. - variance - Main St.
MOTION: by Mr. Frizelle to grant the variance as requested.
SECOND: by Mr. Nickerson
VOTE: Unanimous - motion carries.
Frank Gelinas - variance Sawmill Rd.
MOTION; by Mr. Frizelle to deny the variance.
SECOND: by Mr. Nickerson
REASON: The requirements of Section 10.4 of the Zoning By Law
have not been satisfied.
VOTE: In favor - 4 (Serio, Frizelle, Sullivan, Nickerson)
Opposed I (Vivenzio)
Motion carries - variance denied.
July 21, 1981 -4- Special Meeting
Saalfrank Jose_ej~h - variance Concord/Osgood Streets
MOTION: by Mr. Frizelle that the varianccbe granted with the
exception that Lot A be deleted from the plan and that
this lot be shown as a 25,000 s.f. lot and that Lots
D and C will remain on the plan as requested.
SECOND: by Mr. Nickerson
VOTE: Unanimous - motion carries.
DiGaetano, John variance - Great Pond Rd.
MOTION: by Mr, Frizelle that the variance as requested be denied
since the lot does not have frontage on a street.
SECOND: by Mr. Vivenzio
VOTE: Unanimous motion carries.
Follansbee, Scott Earth Removal Permit - Sharpner's Pond Rd.
Continued for August 10, 1981
The meeting adjourned at 9:15 p.m.
Fra-nk s~ri~o, j~rTC-~-~Trman
Jean E. White, Secretary