HomeMy WebLinkAbout1973-02-12Monday --Feb~mry 1~, 1973
3 Hearings
The BOARD OFAPPEALS held its regular meeting on Monday wyoming, February 12,
1973 at 7:30 P.M. in the Town OfficeBuildi~g mee%img room. The.following members
were present and voting: J. Philip Arsenault, Esq,, Chairman; Dr. EugemeA. Beli-
veau, Clerk; Arthur R. Drummond, Frank Serio, Jr. and newly appointed regular member
William N. Salemme. Also present ~ere the as~oc~iate members,; Leui~ DiFru$cio,
Atty. Joseph A. Miragliotta and Atty. Alfred E.~ Frizell'e.
There were 8 people present for the first two hearings.
1. HEARING: Stephen R, Doherty. ~ ~ ~..
Dr. Beliveau read the legal notice ~n the a~peS2 of sTEPp~ENR' DOHERTY
requested a variance under Sec. 6,1 & 6.2 of the Zoning B~-Law 'so as to permit
the division of a parcel of land. into two lots, each having less than the re. quired
area and frontage; located at the north side of Maple AvtnUe atthe c~rner of
Second Street and known as 65 SeComd Street.
Mr. Doherty appeared on his o~a behalf and explained that he wants to make two
lots out of his' property; 'hi~ home i~on one lot and he wishes to erect, a duplex
dwelling on the vacant lot. The ~ntiro area coutai~ 18,3~2 sq. ft. and he want~
it diwided so that the lot with the existin~ house ~ have 10,~0 sq. ft. end
the vacan~ lot will have'7,70o sq. ft. with.70 feet. f~o. [He sa~d. this pr~p-
er~y has been in the fmnt.ly for ~-~ goneratio~s and, they have bees po~d2~' taxes
for all ef these years. The leneral area is~ mostly 2-fmsily and mUlti--fOng.l~
dwellings. The elderly housing is Just down-the street..-Other leto im~the area
8re 80 ~R,11 9r smeller$ one lot contains only 2,~50 sq. ft. ~e
dwelling would improve the~area end would ROt be detrimental to tho self, boYhood.
He would )~ke his mother-in-law to live ia the new dwelling and fools thoro WOuld
be a hardship if he were mot ~owod to use his land.
Peter Raadmae, ~5 Second St., said ,he bas 23,000 sq,. ft. eh. his-lots tha~ the
area is congested now and if another house were b-~%, it uould make it more
crowded. ·
Mrs. Daniels, an ~mne~__ate abutter on Maple Aveme,. objected beeauJe the bmek
doors of the dwelling would face her ~roperty~ it would detract and be too~elooo.
She also has more area than his property. No houses in the area are built side-
ways. She lives there because there -is air amd spaee. She-feele this
the value of tho property. She has ?1 ft. frontage and objects to the
being so close to her .house.
Bldg. Insp. Charles Foster asked Nr. Dohor~y if ha could center tho house on the
lot and leave more space between the houses.
Hr. Doherty said he weald Bet obJeet to eenterta~ tho house or turnd~ i~ to f&ee
the front and have a ~O-ft. house with 15 ft. side so,backs.
Cb~'~,'man AreenmLlt a~ked ~h~ he wanted atmplex
Hr. Dohorty exp_l~w~d that if he is ~uE to spend &tot of money to build, a .house,
he would ~tJce to b,,tld a duplexes that ho cmn ge~ some .tneemo~ ~his-mother-tn-law
would live on one side and he would rent the other.
February,, 1~3- cont.
Louis ~ainc, T~rnpike Street, was opposed because he said-it ~mld have an
adverse effect on the nsighhorhood. He isa.realtor and is trying te sell Mrs.
Daniels' prOperty and .it is the ba~k's feeling 'that it would de-valuate the
property. This land should not be .used for what Mr. Doherty .is asking.
Charles .Estont 25~ ~Greene Street, was opposed. He has a purchase and sales
agreement on Mrs. Daniels' property and he doesn't 14~e~having the house built
so close to the property, if he purchases it.
Further discussion was held ~n the ei~e, location of houset etc, ahairuan
Arsenault enid if the house was moved hack and centered on the lot and made a
single fAm41y home, he would vote for it. He would like to get the feel4~ of
the Board members. Mr. Serio agreed with Mr, Arsonault,
Bldg. T-op. Foster pein~ed out to the Board that two-families are ~llowed in en
R-~ district and i8 a legal use for that area; he doesn't think the Board can
make the condition of a single fas~_l? house.
Mr. eerie made a motion to take the petition under advisement~ Mr. SaleBae
seconded the motion and the vote was unanimous.
2, ~ HBARIH~ Mrs. Vincenza Ippolito. ~
'Dr. ~eliveen read-the legal p~tice in the appeal of ~. VXNCENZA XPPO~XTO
~ho requested a variatio~ of Sec, 6,1 & 6,3 of the Z~.-~ By-Lac so as .to per~Lt
the di~aion of l~nd.into t~o 19t~t each hav~ less than the required area and
.fronta~ :located at the ecuth side of Harwood Streot~ apprOXo 200 fro fro~ the
corner, of. l~assachu~®t%s ~ve~ue and kmo~n as 22 ~ Street,
Mr. Vincent Ippelito represented his mother and eXPl-~ued that each lot fronts
on a .~ffere~t: street and each lot ~o~-4ne ~,000 sq. ft. with ~0 ~. frontage.
~no lot has an existing ho~e.'in which his widowed mother resides. The other
lot is vacant end she would like to nell it for extra inc~ae. By foruing thin
lot~ it would provide inexpensive housing. The land is presently overgroun
and ~ot ~n:~od condition. If a new house is ~,~t there~ it would, improve the
·
~ one alas ~oko and thero was no oppe~ition.
Mr. Drarum°nd made a motion to take the' petition under adviseme~tl Dr. Boliveau
sec_~ded the motion and the vote was unaninous.
Associate Member DiFruscio sat on this or~--~ hearing end ~8 sitting in
~lace of.' ~mbor Saleane. The hearing was held on Declarer 11~ 1~2 and table~
for further information and until ~.~ of the members could he present.
Ch_;~man Arsenault suggested granting the special peruit with
Discussion was held with the Building ~napector as to the Board's right to
limi~ to one-famil~ homes in a district where 2-fand~y homes are allowed.
February 12, 1973 - cont.
Dr. Beliveau made a notion to GRA~ the specinl permit subject to the follo~ing
conditions:
1. Only single rashly hones can.. be built.
2. The petitioner will provide ~ater and sewer fa~.l~tiee..
3- FranklY- Street sill be a dead end street ~ith no access to Chiekering Road.
~. The petitioner ~ be respomsible to gravel the roadway and keep it in
condition ....
Mr. Serio seconded the notion and the vote ~as un~-i~us.
R~CO~I~P~TION OF TRO~I~Y PETITIONs
Mr. Frank Trembly, omner of the Trembly Bus Lines, appeared before the
Board. Atty. Charles W. Trembly had submitted a ~ritten request fsr recoasiaeration
of the Board's decision upon the petitio~ of Naryemma 3. Trombl~- she requested
the erection of a -1~O ft. high trmaamitting tower at the Trembly Bus Garage. The
Board~ had denied the petition.
Mr. Trembly explained that he has received approval of the ~ave length from %he
Federal Aeronautics O~L~lon for the tower. He has to report to the Radio
Patrol Board before September.. He ssi~ he c~uXd get by wi%h a toee~,'bet~een
90 & 100 feet. ~ember Zalemae said that a~ ahUttere within T~ range ~ not
be affected. Mr. Trembly exp~ed that most of hi~'b~es:are on highways Or in
city traffie amd that two-way ra0Aoa ~urald assist ia re-routing buses during
emergencies, traffic tie-ups, etc. T~-way radios ~ould give b~- 3 extra buses
to use. The antenna ~ould be 2 feet square a~ have lights shore required by
FAA. He said the ~TA and other b~s limes use a tm~y radio ~ystma.
Mr. Serio made a motion to reconsider the petitic~, Mr. ~ seconded the
motion and the vote ess u~imous.
Dr. Beliveau was concerned because he does sot like the aesthetics era te~er.
After further discussion, Mr. Sario made a motion to ~3~T. the petition with the
condition.that the tower is not to exceed ninety-five (9~) feet ia height. Mr.
DiFruscio seconded the motion and the. vote sas unanimous.
The Board found that there ~ould be a hardship to the petitioner if he ~ere uuable
to conduct his bus business without a-t~o-~ay radio sywtma; that by restricting
the height of the towe~ to 95 feet, it nould ~ot detract from the area or be
detrimental or, in great deviation from the intent'of tbe Zoning By-La~.
~ATSO# EARTH R~OVAL P~.I~XT~ -- , :. '
The ~-~ Y~tspector had re.vised ~r. ~etson'~ ~ a~d-said they ~ero
ade~uete and gave enough informat.ic~ to preparl~ c~ntroX, further earth removal.
He said the slopes average approx. 1 to 3.. He also suggeeted:imcreasing the
amount of the bend and restricting no .further loam to be rea~v~ from the premises.
February 12, 1973 - cent.
Dr. Beliveau made a motion to renew the earth removal permit for one year
subject to the following ecaditicao:
1. No further loam is to be resoved from the premises.
2. The a~ea is to be restored as the operation p~ogreases.
3. The amount of the. bond is to be increased to $15,000 and filed with the
Board iumedistel~.
Mr. Saris seco~__dod the motion and the vote uss unamLuous.
Mr. Dmumond had to leave the meeting so that the petitions heard earlier in the
evening will be voted upon at next month's meeting.
3. ~ARX~G~ Eha Real Trust. '
Dr. Ball, eau rea& the legal ~t[ce ia the appeal of EI~ REAL' TRUST ~ho
requested a variance and special permit under 3ection. ~.122-1~ of the Zaning
By-La~ 8o aa to permit the conversion of a structure .to eight apartments,
located at the south side of ~- Street at the corner of Water Street amd
knoun as 93 ~'1=, Street.
Atty. John J. Wil~ represented the petiticaer.. He stated that since this
petition is under the provisions of the conversion section that was stricken
by Special Town Meeting~ he questioned uhether Dr. Beliveau should, sit on this
because of his public statement relative to th~s soction of the By-Law.
Dr. Beliveau said he WOuld rather not sit on this' petition. The Chairman
designated Associate Member HiragLiotta to sit in his place. The following
members sat ca this petition: Chairman Arsonault; Members Serio and Salemme and
Associate Members Miragliotta and Fri~elle.
Atty. Willis explained that the petition is to change ever a building that has
~xisted for over 100 years in toun. The second and third floors have not been
used for at least 20 years and contains a substantial number of square feet of
living space. He is applying to the Board under Sect~on'~.122'for conversion.
· The plans show that he has mst all of the requirements of the B~-law. He is
askl~ a variance of the: provision that the landscaping or ground development
be ~uder the supervision of a certified _e~gineer -_. paragraph ~j d: of .the By-
law. There is no site development contemplated. '£nere ~s a cxrcuAar crxveway
in front and along ,~e side of the house. Parking spaces are indicated on the
plan and to the rear of the building; the spaces are 10, x20' in area as re-
q,,~ed and .no closer than 15' to the proper~y ~4~e! as required; 12 spaces are
providedt as requi~ed. The first floor has been used as a doctor's and a
dentist's office. Dr. Lee has been assured that he may stay in the building
for as long as he continues his practicej until he. retires. This particular
use is now non-conforming.,
The pet~tiou is asking for eight apartments. The f~rst floor will have three
apartments; tee ~-bedroom and one efficiency. ~umediste construction has to
do with the second end third floors.. The second floor will have three apart-
merits; two 1-bedroom and cae efficiency. The third floor will have two
apartments; one 2-bedroom and one 1-bedroom. The ground floor will ~e~a4a as
it is presently constructed for the present.
.February 12~ 19'7~ - eOat o
The B~-law ~requiros 100 feet frontage and A2,500 sq. ft. area; this lot has 103
feet frontage and contains 19,6~2 sq. ft. The square foot area per apartaent
meets the density requireme~te of the By-law. This eonversie~ is provia4n~
larger square foot area thaa is aoraally found. These
date apartments in the dountowm area; on the bus route, close to stor~s, churches,
etc. ~.ach apartment meets the required land area under the ~y-law.
Atty. Willis pointed out that the area fs made.up.of old larger hemes. ~Direc~ly
abutting this property to the southwest is .the "ABC" home ~.t.c~t wu 'co,vetted to
provide space for 11-12 high school boys and a house mother and father and family.
Directly across the street, a two-family house uas c~erted to a f~um.a~t
b,,41~mg. O~ Water Street, witch 300 ft. of this location ~here are ? apart-
ments and .2 stores in o~e b,fllding, Westerly on Elm Street a single family was
cenverted to a two--faBily and adJacen~ to .that ks a ~-fasily converted fr~a a
single family and at the corner, of Pleasant $~reet is a 7-unit b.~4n~-.
Re added, first class construction is preposed,. ~ comes under, the new -~tate
req-!rements of ~ and uill meet every respect of the local ~ ~a4n_. regu-
latisn- and the BOCA Code. Sewerage is ava~kle sad it is prese~t!y aswer~d~
There is oubstantial eater a~d he will iast~]~.a sew. water ayetea a~d c~meetion.
Atty. Willis said there is a serious need for quarters of this nature ia tev~.
~e would like the Board to look upon this as bri~ a ~e of a ~,~ding that
can be aaintained under the presemt circumstances,. ~e has met all of the ~equire-
ments of the By-law and is Just eking that a certified engineer not be required
since the area is already landscaped and that provision would not appl~.
Chairman Arsenault asked hew he could ceme. ia un~r the old eeavaraioa section
of the By-law that was stricken at Special Town Meet~uE.
Atty. Willis explained aud presented a plan that had bean si~aed by the PlanBing
Board locking in the zo~n~ fr~u the date of its approval for three years.
Member eerie asked who wa~ Real Trust was. Atty. ~illis said it wes him.
Cb~r~an Arsenault uked ~r. ~ill~s fo~ the book:, and ~ ~ of the receding
and the number of the plan. He also asked why the lot vu divided u sheen on
the plan suheitted to the Appeals Board, showing a long strip of land along
Water Street and it is not shown that v~y on t~L ~ ~ ~ t~ 'P~
Board. He said he would lime to see t~t long piece, of land go with the lot.
Mr. Willis said it could be used as access to ~ Street frem the other lot to
the rear. The driveway will r_.~-~ as shown.
Bldg. Inspector Foster pointed out that 1~ ef the storage area would be ia the
basement and that there is substantial closet area in each spot,ant. The laundry facilities
are in the basement and there is access to it from every apartment. Probably the basement
area .should be added to the .~pees,.
Ohairnan Arsenault asked the Bldg. IBspeetor to inspect the building because there
had been a fire there eeve~t years age-and to submit recommendations in writing
to the Board. Re asked the Bldg. Inspector if we are now operating under the
BOCA Code. Mr. Foster said that we have been since one year ago last Au~dst.
February 12, 177~ - cont.
The Board looked at the floor plans, checked the exits, fire doors, etc. and
diseu~eed the plans,
Membar M~traglietta asked ~hat ~as going to be done to the exterior of the
building.
~r. Willis said he does not intend to change the exterior at all; they
o~1~ clean, pa~wt a~d repair it. It is a beautiful ~ildimg the way it is
and doesn't vent to change a
Mr, Romack, 77 ~m Street, questi~_~ed why the long ~trip of laud was shcu as
-it is; he feel~ it shoul~ be 'left ~th the lot. H~ asked why access .was ~eeded
for the other lot; he esked what us planned for that parcel. Atty. Willis
said nothing is plan~ed-.as yet. ~r. Eo~ack asked the Bldg. ~pector ho~ ma~
dwelling units could he put on th_at vacant lot.
Mr. Foster asid that tc~aheu~es, duplex and single family hones woul~ be
end that ~e acre iar required for ? townhouees. Mr. Rc~ack asked if that long
· strip of frontage land would be essential to parcel .'B#. ~r. Foster said that
18 ft. frontage is required for each to~nhouse unit. He also suggested that the
parking area Gould be screened eith shrubbery. Mr. W4114S sa~ it is ~o~ screened
,~ith cypress trees.
Mr. Oanty-aaked ~hy that piece of land is shoes the ~ay it is. Mr. ~illis said
he owns the ~ an~ that is the way he wants
Mrs. Sheila Oanphell, 96 ~ Street, said the area is alread~ congested; there
are ua~ ch4~dren in the area; there i8 slot of traffic a~d there is a
problem. Dr. Lee has ~a~ cars going ia and out,, She wa~ c~cerae~ ~ith what
was going to be done ~ith tho rubbish. Mr. Willis said an inc/~aerator ia to
be inst~lled in the celXar.
~ Foster suggested that a cellar plan should probably be su~itted to the Board.
Chairuan Arsenault said he would like to continue the hearing until the next
meeting for purposes of getting a cellar plon and .a report from the Building
Inspector.
Mr. eerie made a notion to continue the hearing until the next neetingj Mr.
Frine~e seconded the ,etlon and the vote was unanimous.
The ueeting adjourned at 10:~0 P.M.
Ch~ ~aan
Secretary