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HomeMy WebLinkAbout1971-07-19Monday - July 19, 1971 Regular Meeting - 2 Hearings The BOARD OF APPEALS held its regular meeting on Monday evening, July 19, 1971 at 7:30 P.M. in the Town Office Building with the following members present and voting: Philip Arsenault, Esq., Chairman; Kenneth E. Pickard, Vice Chairman; Arthur R. Drummond and Associate Members William N. Salerno and Atty. Joseph A. Miragliotta who sat in place of regular members Dr. Beliveau and Frank Serio who were unable to attend. There were 10 people present for the 2 hearings of the evening. Bill Plante the Eagle-Tribune reporter was also present. 1. HEARING: Edward H. Kollen Mr. Pickard read the legal notice in the appeal of Edward H. Kollen who re- quested a variation of Sec. ~.11 of the Zoning By-Law so as to permit the re- modeling of one side of a duplex dwelling to two apartments; on the premises located at the north side of Church Street, 113.13 feet from the corner of Water Street and known as 58 Church Street. Mr. Kollen appeared on his own behalf and explained that he wants to make two small apartments on one side of the duplex building. He presently lives on the other side and will make no changes there. He said he will conform to all requirements of the Zoning By-Law and that there is a need for apartments in town. There is a 3-stall garage on the lot that is fully occupied. Building Inspector Foster said he would meet the requirements as to the exits. Mr. Kollen showed the floor plans to the Board and said there would be no change to the exterior of the dwelling. Frederick Redman, an abutter, said he had no objection to the petition. No one else spoke and there was no opposition. Mr. Pickard made a motion to take the petition under advisement$ Atty. Miragliotta seconded the motion and the vote was unanimous. 2. HEARING: Trinitarian Congregational Church. Mr. Pickard read the legal notice in the appeal of Trinitarian Congregational Church requesting a variation of Sec. 7.23 of the Zoning By-Law so as to permit the erection of a youth activities building nearer the lot ]1ne than is allowed under the Zoning By-Law; on the premises located at 72 Elm Street and the corners of Church and Cross Streets. Robert W. Friis, chairman of the trustees for the church, represented the petitioner. The church is asking for a variance to permit the location of the youth activities center on the rear of the church p¥operty, to be located 20 feet from Church Street and 5 feet from the Redman lot line. This building would cover less than~% of the total area of the property, which is ~5,600 sq. ft. He presented a brief history of the former scout cabin, which is presently one foot from the Redman property line. He said the sills and interior have deteriorated so that meetings cannot be held in the building any longer. Mr. Friis distributed a brochure depicting the future plans of the church. He said families of the scouts and the church people will help with the labor. He explained that the placing of the b,,~ldinginthis particular location was necessary in order to avoid hardship and practical difficulties in July 19, 1971 - cont. provi~ug parking and gaining access to the rear entrance of the church building. The placing of the building on the lot as planned does not derogate from the purpose and intent of the Zoning By-Law and would not be detrimental to the neighborhood since there now exist other structures in the immediate area that are as close to the lot line as this proposed building. A literal enforcement of the side yard by-law requiring more than 5 feet will cause a hardship and practical difficulties in pro- viding parking and g~ining access to the rear entrance of an expanded church building. The relief sought by approval of this variance will be desirable and without sub- stantial detriment to the public good. John Robinson, Mass. Ave., spoke in favor of the petition, as representing the Boy Scout troops and as a member of the church. Speaking in opposition was Atty. Maurice Schwartz, who represented Frederick Redman, an immediate abutter. Atty. Schwartz explained that Mr. Redman is also a member of the church 'and approves of the church activities but he wants to be protected as a property owner. There is no hardship of any kindinvolved and the buil~ng can be placed 15 feet from the lot !~ne and still leave ample parking and expansion area for the church. Discussion was held as to whether the petitioner and Mr. Redman could compromise as to the 5 foot setback. Mr. Friis said they would. Atty. Schwartz said they wouldn't object to 15 feet from the lot line. Discussion was then held as to which was the front and rear of the lot and it was determined that the church faces Elm Street making Elm Street the front lot line and Church Street the rear lot line. Mr. Pickard made a motion to take the petition under advisement; Mr. Drummond seconded the motion and the vote was unanimous. EARTH REMOVAL PEET: Hereford Corporation A letter was received from Atty. John J. Willis, representing Hereford Corp., requesting renewal of the earth removal permit for the pit on Boxford Street. Mr. Arsenault read the original decision to the members to familiarize them with the situation since different Board members sat on the original petition. He explained that the bond that was submitted is a continuous one and is valid. He read a letter from the Building Inspector who had inspected the site and reported to the Board. He said he was concerned because no attempt has been made to dispose of the trees that have been knocked down. The area is still strewn with huge boulders and no attempt has been made to cover them or to replace any of the top soil in any area of the pit. (at its next m~g.) Atty. Miragliotta made a motion to have the petitioner come before the Board/to explain the items outlined in the Building Inspector's letter. Mr. Pickard seconded the motic~ and the vote was unauimous. The Board then discussed the hearings held earlier in the evening. 1. KOreaN: Mr. Pickard made a motion to GRANT the variance; Atty. Miragliotta seconded the motion and the vote was unanimous. July 19, 1971 - cont. 2. Trinitarian Congregational Church: Atty. Miragliotta made a motion to grant the rear lot !!ne variance to 20 feet but DENY the sideline variance of 5 feet. Mr. Drummond seconded the motion and the vote was unanimous. The meeting adjourned at 9:0OP.M. (Philip Arsenault ) (Anna Oommue) Chairman Secretary