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HomeMy WebLinkAbout1983-04-11April 11, 1983 Regular Meeting The Board of Appeals held a regular monthly meeting on Monday evening, April 11, 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; Augustine W. Nick- erson; and Associate Members Walter F. Soule and Maurice S. Foulds. Building Inspector Charles Foster was also present. PUBLIC HEARINGS C.W.A. - Variance - Osgood Street Sitting: Serio, Frizelle, Sullivan; Nickerson; Soule Mr. Sullivan read the legal notice. Mr. Dan Bouregard was present for C.W.A. and made the following presentation: There is an existing structure facing Osgood Street and the petitioners wish to expand the building towards the Farkus property. They will be approximately one foot from the border. - The addition will look like the existing structure. There is a spetic system in the rear of the building which prohibits them from going back. They need the additional space and would prefer to add on to their existing building. There is not sufficient room on the other side of the building because of the driveway, on which they just spent $45,000.00 for the parking lot. No one spoke in favor or opposition to the petition. A letter from the Building Inspector dated April 11, 1983 was read and placed on file. MOTION: by Mr. Frizelle to take the matter under advisement. SECOND: by Mr. Nickerson VOTE : Unanimous - motion carries. April 11, 1983 -2- Kegular Meeting Maus, Paul - Variance - Richardson Avenue/PilgrimStreet Sitting: Serio, Frizelle, Sullivan; Nickerson, Soule Mr. Sullivan read the legal notice. Mr. Lou Kmiec, realtor, was present for the applicant and made the following presentation: - Mrs. Mildred DiMauro is the owner of Lot A as shown on the plan. - Mr. DiMauro's intent was always to place an additional house site on the premises. - He complied with the Zoning By Law in the 1940's. - The neighborhood is made up of lots of the same size and even smaller. - Mrs. DiMauro is not well and wishes to divide the property and sell Lot B as shown on the plan. - Lot A requires an area and frontage variance and Lot B requires an area variance. - The applicant proposes to construct a ranch stype home. Member Frizelle informed the members of the Board and the audience that a similar variance was granted by the Board of Appeals a num- ber of years ago but the decision was overturned in court. No one spoke in favor of the petition. A letter from the Building Inspector dated April 11, 1983 was read and placed on file. Speaking in opposition were: Mr. R. Bahrawy, representing his parents; Mr. Fred Arraj; and Linda Giannarakos. The neighbors stated that a full and fair hearing was held in 1974 and nothing has changed in the interim.~ Mr. Kmiec argued that a new evaluation should be made at this time.. MOTION: by Mr. Frizelle to deny the petition. SECOND: by Mr. Sullivan VOTE : In favor - 4 (Frizelle, Sullivan, Nickerson, Soule) Opposed - 1 (Serio) The motion carries. April 11, 1983 -3- Regular Meeting Biel~rt,.Jay - Variance - Tolland Road Sitting: Serio, Frizelle, Sullivan, Nickerson, Soule Mr. Sullivan read the legal notice. Atty. Joseph Boulanger was present for the applicant and made the following presentation: - The Bielert's purchased the property in 1980. - The surveyor ~at the time did not pick up the violation. -! The deck and stair~ do not meet the rear setback requirements. - When the property was recently sold, the violation was dis- covered. - The' Bielert's purchased the property in good faith. - They have since moved and sold this property and escrow is being held. - It would be a hardship to the Bielert's to have this variance denied. No one spoke in favor of the petition. A letter from the Building Inspector, dated April 11, 1983, was read and placed on file. Mr. Foster, Building Inspector, told the Board that the plot plan on record in his office does not show the deck. No one spoke in opposition to the petition. MOTION: by Mr. Frizelle to take the matter under advisement. SECOND: by Mr. Nickerson VOTE : Unanimous - motion carries. Bedell, Mathias - Variance -Hewitt Avenue Sitting: Serio, Frizelle, Nickerson, Sullivan, Soule Mr. Sullivan read the legal notice. Mr. Bedell was present and made the following presentation: - The house was built in 1950. - He purchased it recently and the bank is holding money because of a zoning violation. April 11, 1983 -4- Regular Meeting Bedell - continued No one spoke in favor or opposition to the p~tition. A letter from the Building Inspector, dated April 11, 1983, was read and placed on file. MOTION: by Mr. Frizelle to take the matter under advisment. SECOND: by Mr. Nickerson VOTE : Unanimous - motion carries. Lanigan, Robert - Variance - Granville Lane Sitting: Serio, Frizelle, Sullivan, Nickerson, Soule Mr. Sullivan read the legal notice. Mr. Lanigan was present and made the following p~esentation: - Because of a growing family, he would like to add to his present structure. - The addition would come within 10 feet of the lot lin~. - He has spoken to his neighbors and they have no object~on. - There is a 20 foot easement on the property. - The houses near him are approximately 200 feet from his house and there is no access to the area where the addition is proposed. No one spoke in favor or opposition to the petition. A letter from the Building Inspector, dated April 11, 1983, was read and pT~ced on file. MOTION: by Mr. Frizelle to take the matter under advisment. SECOND: by Mr. Nickerson VOTE : Unanimous - motion carries. Sechrist, Robert - Specia! Permit_~..~id~les~x~St. Sitting: Serio, Frizelle, Trepanier, Sullivan, Nickerson The Clerk read the legal notice. Atty. Donald Smith was present for the applicant and made the following presentation: April 11, 1983 -5- Regular Meeting Sechrist -'continued - The property is the former home of the American Legion. - In 1974 the previous owner, Joseph Quarterone, obtained a variance to use the building for residential purposes. - The Board's decision granted a variance and Special Permit to construct three apartments in the building. - The Sechrist's are requesting a Special Permit to add a fourth unit in the basement. - The property is located in an R-4 district, thus allowing such a conversion. - The Sechrist's live on the premises. - The only change proposed will be windows. - There is adequate parking on the property for 8 cars. No one spoke in favor or opposition to the petition. A letter from the Building Inspector dated April 11, 1983 was read and placed on file. Mr. Foster added that he has inspected the premises and there are no problems with egress. MOTION: by Mr. Frizelle to take the matter under advisement. SECOND: by Mr. Trepanier VOTE : Unanimous - motion carries. Liles, Eileen - Special Permit and Variance - Ashland St. Sitting: Serio, Frizelle, Trepanier, Sullivan; Nickerson The Cl~rk read the legal notice. Mr. Thomas Piekarski of Pickwell Builde~ made the following pre- sentation on behalf of Mrs. Liles: - He has purchased the property next door and is in the process of renovating it and would like to duplicate the renovation on this property. - He is proposing to combine the parking for the two parcels. - The variance is needed because of the building's non-conformance. April 11, 1983 -6- Regular Meeting Liles - continued - He is in the process of purchasing Mrs. Liles's house. - He is proposing 16 parking spaces for the two parcels. - He originally wanted to combine the two lots into one, with two dwellings, but was advised by the Building Inspector that this was not possible because of a proposed change to the Zoning By Law for Town Meeting, which has been advertised. - The driveway is located on the plan because of his intent to landscape the property. - He would not be opposed to placing the driveway between the two dwellings. - A Special Permit will have to be granted by the Planning Board for the common driveway servicing the two lots. No one spoke in favor or opposition to the petition. A letter from the Building Inspector dated April 11~ 1983 was read and placed on file. MOTION: by Mr. Frizelle to take the matter under advisement. SECOND: by Mr. Nickerson VOTE : Unanimous - motion carries. Scandore, Joseph - Variance - Martin Ave. Sitting: Serio, Frizell~, Trepanier, Sullivan, Nickerson The Clerk read the legal notice. Atty. John McGarry was present for the applicant and made the following presentation: - The Scandore's purchased the property recently. - The house is new and there is a deck in violation. - The Scandore's had signed a Purchase and Sale Agreement before the violation was discovered. - They were not involved in the construction of the deck and are innocent parties. No one spoke in favor or opposition to the petition. A letter from the Building Inspector, dated April 11, 1983 was read and placed on file. April 11, 1983 -7- Scandore - continued MOTION: by Mr. Frizelle to take the ma SECOND: by Mr. Trepanier VOTE : Unanimous - motion carries. Cataudella_:. Conn_ie - V~ariance - Brigh. t~ Sitting: Serio~ Frizelle, Trepanier, The Clerk read the legal notice. Atty. John J. Willis, Jr., was present the following presentation: - - He is also representing Mr. Remis Lot B if the variance is granted~ - The situation is that Mrs. Cataudell Brightwood Ave. as shun on the plan - The variance request is to legitimiz allow Parcel B. - There are similar lots in the neighk Regular Meeting tter under advisement. Dod Ave. ullivan, Nickerson for the applicant and made who would like to purchase lives in the home on her home on Parcel A and ~rhood. Lot B would front on Highlandview A~ - This is an area where the lots abut each other but otherwise do not combine. - Mrs. Cataudella has owned the property since 1951. In 1952, she bought the second lot on Highlandview Ave. with the intention of constructing another house. - If the variance is granted, a single family dwelling will be constructed on Lot B. - Mrs. Cataudella is paying high taxes for the land. MOTION: SECOND: VOTE : No one spoke in favor or opposition to the petition. by Mr. Frizelle to take the matter under advisement. by Mr. Trepanier Unanimous - motion carries. F&W Realty - Variance - Os~ood St. Sitting: Serio, Frizelle, Trepanier, Nickerson, Sullivan The Clerk read the legal notice. April 11, 1983 8 Regular Meeting F&W - continued Mr. Frank Fernald was present and made the following presentation: - A foundation was placed too close to the boundary. - An industrial building is proposed for the site. - This was an innocent misinterpretation of the Zoning By Law. - He was not aware of the setback requirement~s for corner lots. - The foundation was placed on the understandin~ that it only required a 20 foot setback. - No one' will be adversely affected because there is no visibility on the corner. No one spoke in favor of the petition. A letter from the Building Inspector dated April 11, 1983 was read and placed on file. Mrs. Hazel Orchard questioned the access and was told it would be off Bradford St. MOTION: by Mr. Frizelle to take the matter under advisement. SECOND: by Mr. Nickerson VOTE : Unanimous - motion carries. DECISIONS Forget, Robert - Variance - Salem St. Sitting: Serio, Frizelte, Trepanier, Nickerson, Soule MOTION: by Mr. Nickerson to grant the variance as requested. SECOND: by Mr. Soule VOTE : In favor - 3(Serio, Nickerson, Soule) Opposed - 2(Frizelle, Trepanier) The motion fails to carry; therefore, the petition is denied. Liles, Eileen - Special Permit and Variance - Ashland St. Sitting: Serio, Frizelle, Trepanier, Sullivan, Nickerson April 11, 1983 -9- Regular Meeting Liles - continued MOT ION: by Mr. Frizetle to grant the variance as requested and to grant the Special Permit as requested subject to the con- dition that there be eight (8) parking spaces to the rear of the dwelling on Lot A and subject to the condition that if the Planning Board denies the proposed common driveway for Lots A and B, the applicant will present to the Board of Appeals a revised plan showing access across Lot A to the eight (8) parking spaces in the rear of the dwelling. SECOND: by Mr. Trepanier VOTE : Unanimous - motion carries. Bielert, Jay - Variance - Tolland Road Sitting: Serio, Frizelle, Sullivan, Nickerson, Soule MOTION: by Mr. Nickerson to deny the variance. No second - motion fails. MOTION: by Mr. Sullivan to grant the variance as requested. SECOND: by Mr. Soule VOTE : In favor - 2 (SulliVan, Soule) Opposed - 2 (Frizelle, Nickerson) Abstained- 1 (Serio) Motion fails - petition denied. Scandore, Joseph - Variance - Martin Ave. slitting: Serio, Frizelle, Trepanier, Sullivan, Nickerson MOTION: by Mr. Trepanier to grant the variance as requested. SECOND: by Mr. F~izelle VOTE : In favor - 1 (Trepanier) Opposed - 2 (Frizelle, Nickerson) Abstained- 2 (Serio, Sullivan) Motion fails - petition denied. k April 11, 1983 -10- Regular Meeting MOTION: SECOND: VOTE : Scandore Decisions - continued by Mr. Soule to reconsider the petitions of Scandore and Bielert. by Mr. Frizelle Unanimous - motion carries. MOTION: SECOND: VOTE : by Mr. Frizelle to g~ant the variance as requested by Mr. ~Trepanier In favor - 4 (Serio, Frizelle, Sullivan, Trepanier) Opposed - 1 (Nickerson) Motion carries - variance is granted. Bielert MOTION: by Mr. Frizelle to grant the variance as requested SECOND: by Mr. Soule VOTE : In favor - 4 (Serio, Frizelle, Sullivan, Soule) Opposed - 1 (Nickerson) Motion carries - variance is granted. Bedell, Mathias - Variance - Hewitt Ave. Sitting: Serio, Frizelle, Nickerson, Sullivan, Soule MOTION: by Mr. Frizelle to grant the variance as rgquested. SECOND: by Mr. Nickerson VOTE : Unanimous - motion carries Lanigan~ Robert - Variance - Granville Lane Sitting: Serio, Frizelle, Sullivan, Nickerson, Soule MOTION: by Mr. Soule to grant the variance as requested. SECOND: by Mr. Nickerson VOTE : Unanimous - motion carries. Sechrist, Robert - Special Permit - Middlesex St. Sitting:' Serio, Frizelle, Trepanier, Sullivan, Nickerson April 11, 1983 -11- Regular Meeting Sechrist - continued MOTION: by Mr. Frizelle to grant the Special Permit as requested subject to the condition that eight (8) parking spaces be provided as shown on the plan. SECOND: by Mr. Nickerson VOTE : Unanimous - motion carries. Cataudella, Connie - Variance - ~rightwood Ave. Sitting: Serio, Frizelle, Trepanier, Sullivan, Nickerson MOTION: by Mr. Frizelle to grant the variance as requested for Lot A and to grant the variance on Lot B with the con- dition that a single family dwelling be constructed on Lot B. SECOND: by Mr. Trepanier ~ VOTE : Unanimous - motion carries. F&W Realty - Variance - O~good St. Sitting: Serio, Frizelle, Trepanier, Nickerson, Sullivan MOTION: by Mr. Frizelle to grant the variance as rgquested. SECOND: by Mr. Nickerson VOTE : Unanimous - motion carries. OTHER BUSINESS Re~o~t from Building Inspector Mills Hill - possible zoning violation Mr. Foster reported to the Board that Mr. Carter, owner of the land in question, is involved in litigation with the town. He wants witnesses before he allows the Building Inspector to inspect the premises. Ventura~ Thomas - Ashland St. Mr. Foster reported that there are a number of problems with the land. Only the first floor is occupied at this time. He will report further at the next meeting. REVISED PLAN SUBMITTAL A revised plan was submitted by Pickwell Builders for land at 14-16 Ashland St. The Board instructed them to change the name to Mary April 11, 1983 -12- Revis'ed p~an. submittal - continued Forgetta, since she was the petitioner. Board's next meeting. MINUTES Regular Meeting To be reviewed at the January 10, 1983; January 18, 1983; February 14, 1983; March 14, 1983; and March 29, 1983 MOTION: SECOND: VOTE : The meeting adjourned at 11:30 p.m. ank S~ri6, Jr~~, }Chairman by Mr. Frizelle to accept all minutes as written. by Mr. Sullivan Unanimous - motion carries Jean E. White, Secretary