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HomeMy WebLinkAbout1973-04-09Monday - April 9, 1973 1 Hearing The BOARD OF APPEALS met on Monday evening, April 9, 1973 at 7:3o P.M. in the Town Office Building meeting room. The following members were present and voting: J. Philip Arsenault, Esq., Chairman; Dr. Eugene A. Beliveaut Clerk; Arthur R. Drummondt Frank Serio, Jr., William N. Salemme and Associate Member Alfred E. Frizelle, Esq. There were 10 people present for the meeting. 1. H~I~: Trombly Bros., Inc. Dr. Beliveau read the legal notice in the appeal of TROMBLY ~ROS., INC. who requested a variation of Sections 6.3 and 7.2 of the Zoning By-Law so as to permit the erection of an autbmobile~ service center located at the south side of ~utton Street at the corner of M~tn Street. Since this was Chairman Arsenault's last meeting, he designated Associate Member Alfred Frizelle to sit in his place and turned the Chair over to Dr. Beliveau, The petitioners filed for a new hearing in order to also come tinder Section 7.2. Atty. Charles W. Trombly, Sr. represented the petitioners. Ne exp]~1~ed that several buildings had been razed to prepare for the erection of a new automobile service station; the presently existing station will also be razed if the petition is granted. It is necessary to apply for several variances because of the unique shape of the lot. The brick building will be approx. 20 feet away from the existing dwelling. A variance is necessary under Section 6.3 because the building does not have the required distances from the lot lines. Under Section 7.2, the following variances are necessary: A variance to allow the proposed building to be closer than the required 50 feet from a residential structure. 7.2, (h) The minimum average setback from all street lot lines is 30 feet, hO feet is required. 7.2 (6),. A variance is' necess.ar7 to eliminate all but 20 feet of the curbing on the Sutton Street side. 7.2 (7), Screening shall be provided by (a) a four-foot strip of shrubbery. There was no opposition to the petition and no one else spoke. The three Trombly brothers were also present. Mr. Drummond made a motion to take the petition under advisement; Mr. Frizelle seconded the motion and the vote was unanimous. PROCEDURAL REOO~9~ENDATIONS UNDER CHAPTER 77~: The Board had discussed procedural recommendations as suggested by the Plann/ng Board for petitions before the Board of Appeals for subsidized housing under Chapter 77~. Chairman Arsenault reviewed the procedure and suggested that they be adopted. Mr. Drummond made a motion to adopt the rules as had been presented; Dr. Beliveau seconded the motion and the vote was unanimous. ASsoc. Member Frizelle voted also. The adoption of these rules will be filed with the Town Clerk. ARMAND E. LaPOINTE: Mr. LaPointe had filed the necessary plans and the Board signed them. decision can now be filed with the Town Clerk. The April 9, 1973 - cont. LOUIS ST. The Board reviewed the St. Pierre petition. Mr. Serio made a motion to GRANT the variance; Mr. Drummond seconded the motion and the vote was unanimous, The Board found that the addition would not be detrimental to the neighborhood since there are many older homes on small lots in the area. That there would be a hard- ship, financial or otherwise, if the petitioner were not allowed to provide addi- tional living area and that the addition would in no way derogate from the intent and purpose of the Z~ning By-Law. STEPHEN R. DOHERT~: Mr. Doherty sent a letter to the Board requesting that his petition be withdrawn without prejudice. Chairman Arsenault said the Board would waive the Board's rules and accept his request. Dr. Beliveau made a motion to allow him to withdraw his petition without prejudice; Mr. Serio seconded the motion and the vote was unanimous. This matter will be officially filed with the Town Clerk. YPRESCOTT NURSING HOME, INC.: A letter was received from Police Chief Lawlor stating that he objected to the two access ways on Chickaring Road because they would constitute .a dangerous safety condition. Me said the state has plans for Chickering Road and he doesn't want access from Chickering Road. Mr. Hughes agreed not to have access on Chick- ering Road. Mr. Serio Made a motion to grant the special permit with the conditions that there will be no entrances on Chickering Road and that there will be one 3C-foot entrance on Prescott Street at the location shown on the plan and that the structure will not be more than 35 feet in height. Mr. Salemme seconded the motion and the vote was una~ous, The Board found that there is more than enough area'per bed; 600 sq. ft. per bed is required, making 78,00Osq. t. This petition has105,580 sq. ft. Th~ peti- tioner has complied with the requirements of'Table 2in that there is more than enough total land area. The Board finds that the conditions for approval under Section 9.31 have been met as follows: 1. The specific site is an appropriate location for such a use, structure or condition. 2. The use as developed will not adversely affect the neighborhood. 3- There will be no nuisance or serious hazard to vehicles or pedestrians. ~. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. April 9, 1973 - cont. F~OWSHIP BIBLE OMUROH: Mr. Arthur Corbett, LaWrence Beaulieu and A1 Schreyack appeared before the Board a~ members of a committee from the Fellowship Bible Church'to explain their problem. They have no room for expansion of the church and are thinking of sell~ng the property. It is presently zoned for business. They asked the Board what could be done with the property. Chairman Arsenault explained that the Board could not tell them what to do with their property and that it is not the Board's function to advise . This is their problem and they will have to resolve it in their own way. GT~a~T P~ ~T~ RE~3VAL: Bldg. Inspector Foster reported that he was unable to contact Mr. Rea; that he had inspected the area but was unable to ~e~rmine to what point he has pro- grossed in his operation of earth removal. Ne has not received any complaints as to the operation. This matter will be tabled until the next meeting when a report shall be received from the Building Inspector. TROMBLTBROS., rNC. The Board reviewed the petition. Mr. Drummond made a motion to grant the variances as requested with the condition that a six-foot stockade type fence and shrubbery shall provide screening as shown on the plan; Mr. Serio seconded the motion and the vote was unanimous. The Board fOund'that the lot is of a unique shape and that the variances requested were necessary in order to properly locate the building; that by providing screening near the dwellings, it would provide protection and enhance the appear- anco of the property. The petitioners had razed several old structures and by erecting a new service center, which is an allowed use in this General Business District, the appearance of the neighborhood would be greatly impreve~ and would in no way be detrimental to the area. The proposed buil~i~gwill be further away from the lot line than the building that had been razed. The variances requested would not be in great deviation from the intent and purpose of the Zoning By-Law and there would be a hardship, financial or otherwise, to the petitioner if he were not allowed to locate the buil~tng as requested. Access in and out of the station would be regulated and controlled by the curbing and the design of the building. The Chief of Police reported that he had no objections. Proper plans will be submitted to the Board for signatures. The meeting adjourned at 10:30 P.M. Chairman "' (J. Philip Arsenault) "