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HomeMy WebLinkAbout1971-05-10Monda~ - May 10, 1971 Regular Meetimg & 2 Hearings The BOARD OF APPEALS held its regular meeting on Monday evenlug, May 10, 1971 at 7:30 P.M. in the Town Office Build_tug with the following members present and voting: J. Philip Arsenault, Chairman; Dr. Eugene A. Beliveau, Clerk; Arthur R. Dr~ond, Kenneth E. Pickard and Frank Serio, Jr. Associate Member William N. Salemme was also present. There were 8 people present for the meeting. 1. HEARING: Edward Fionte and others. Dr. Beliveau read the legal notice ~u the appeal of EDWARD FIONTE a~d others requesting a variation of Sec. 6.32 & 7.22 of the ZeningBy-Law so as to permit the division of a parcel of land into two lots, each having less than the required frontage and area; on the premises, located at the east side of Lengwood Ave.; approx. 50Ofeet from the corner of Chestnut Street and known as 82Longwood Avenue. Atty. Clifford E. Elias represented the petitioners. He explained that they desire to divide a parcel of land into two lots; lot A to contain 8,141 square feet and lot B to contain 8,236 square feet; each lot having 80 feet frontage. The area is zoned country residential which requires 25,000 square feet area and 125 feet frontage. There is presently a dwelling on lot A which requires a sideline setback variance. They would ]fke to erect a dwelling on the second lot to a member of the family presentlylivinginHaverhill. Most of the lots in the area have less than 125 feet frontage and less than 25,000 square feet area. This would not be detri- mental to the area and would be in keeping with the general character of the other lots. There is water and sewer available amd it would be a hardship to the peti- tioner to own the land as it is presently constituted. No one else spoke and there was ho. opposition. Mr. Drummond made a motion to take the petitionunder advisement; Mr. Pickard seconded the motion and the vote was unanimous. 2. HEARING: Robert L. Shea. Dr. Beliveau read the legal notice in the appeal of ROBERT L. SHEA requesting a variation of Sec. 6.31 & 7.23 of the Zcning By-Law so as to permit the division of a parcel of ~udinto two lots, each havimg less than the required frontage and area; on the premises located between Elm and Church Streets; approx. 1OOfeet from the corner of Water Street and known as 9~-96 Elm St. and 59-61 Church Street. Robert Shes appeared on his own behalf and expire-ed that there are presently two houses on one lot and he would like to have the parcel made into two lots so that each dwelling will have its own lot. These homes were formerly owned by Davis & Furber Machine Company and when they disposed of their properties none of them were on separate lots. Other lots in the area have the same or less area. He lives on the Church Street property and would like to sell the Elm Street property which was converted into four apartments. No one else spoke and there was no opposition. Mr. Serio made a motion to take the petition under advisement; Mr. Pickard seconded the motion and the vote was unanimous. May 10, 1971 - cont. Ch~man Arsenault read the letter from the Planning Board stating they had received the notices of the hearings; that the petitions are routine and therefore have no comment to make. LAND VEST PROP~RTIF~t lNG. The members discussed the petition of Land Vest Properties~ Inc. further. The hearing had been held on April 12, 1971. The Board found that no evidence of hardship was presented and that to create a lot with no frontage would be in substantial derogation of the intent and purpose of the Zoning By-Law. Mr. Drummond made a motion to DENY the variance; Mr. Pickard seconded the motion and the vote was unanimous. ELECTION OF VICE CHAIRMAN: It was brought out that acC~r~!ng to the Board of Appeals Rules and Regula- tions there should be a Vice Chairman serve as an officer of the Board. Nr. Serio nominated Mr. Pickard; Dr. Beliveau seconded the motion and Kenneth Pickard was unanimously elected to serve as Vice Chairman. The Board then discusSed the petitions of the evening. 1. ROBERT L. SHEA Mr. Serio made a motion to GRANT the variance; Mr. Drummond seconded the motion and the vote was unanimous. The Board found that the buildings on the land have been there since before the inception of the Zoning By-Law; there are now two buildings on the present lot. This situation is unusual and does not conform to the conditions generally in the zoning district. The Board found that if the variance is not granted, one of the houses could not be conveyed separately from the other and that this could result in a substantial hardship to the owner. The intent of the By-Law would be served by granting the variance because there would be no physical change in the area resulting from the granting of the variance and no additional structures would be permitted. 2. EDWARD FIONTE& others Dr. Beliveau made a motion to DENY the variance; Mr. Serio seconded the motion and the vote was unanimous. The Board found that the petitioner presented no evidence of hardship and that to create lots with areas of 8,1~land 8,236 square feet would be a serious deviation from the intent or purpose of the Zoning By-Law. SPECIAL N~.~TIMGS: The Board discussed whether or not to call special meetings at any time. It was decided that it would be the policy of the Board to Just hold regular meetings. The meeting adjourned at 9:0OP.M. (J. Philip Arsenault) (Anna Donah~e) ,'man Secretary