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HomeMy WebLinkAbout1973-05-14Monday - Nay /4, 1973 3 Rearings The BOARD OF APPEALS met on Monday evening, May IA, 1973 at 7:30 P.M. in the Town Office Building meeting room. The following members were present and voti~: Frank Serio, Jr., Arthur R. Drummond, Dr. Eugene A. Beliveau, William N. Salemme, Louis DiFruscio and AssoCiate Members Alfred E. Frizelle, ~Esq. and newly appointed A.M. James McInnis, Esq. and James D. Noble, Jr. There were 20 people present for the meeting. ELECTION OF OFFICE~S: Mr. Salemme made a motion that Frank Se~o be Chairman; Mr. DiFruscio seconded the motion and the vote was unanimous. Mr. DiFruscio made a motion that Arthur Drummond be Vice Chairman; Dr. Beliveau seconded the motion and the vote was tmanimous. Mr. Drummond made a motion that Dr. Beliveau be Clerk; Mr. DiFruscio seconded the motion and the vote was unanimous. 1. HEARIRII: Douglas I. Treadwell. Dr. Beliveau read the legal notice in the appeal of Douglas I. Treadwell who requested a variance under Sections6.3 and 6.8 of the Zoning By-law so as to permit the erection of a two-stall garage with a family room above, located at 26 Hemlock Street. Mr. Treadwell appeared on his own behalf and expl~{ned that the addition would be 10 feet from the lot line and would measure 24 ft. by 2~ ft. He haddiscussed the addition with the Building InSpector and did not realize that the chimney should also be sh~n on the plant which would make it two feet closer to the lot line. This is a 10,000 sq. ft. lot and the Zoning By-law requires a side setback of 12 feet and 20 feet front and rear, on undersized lots. William McEvoy, animmediate abutter on the side where the addition is going, spoke'in favor of the petition. No one else spoke and there was no opposition. Mr. Drummond made a motion to take the petition under advisement; Dr. Beliveau seconded the motion and the vote was unanimo~s. 2. HEARINg: Abfor Realty Trust. Dr. Beliveau read the legal notice in the appeal of Abfor Realty Trust who requested a variation of Section 4.128 of the Zoning By-law so as to permit the conversion of four, six-room apartments to eight, three-room apartments on the first and second floors and one, three-room apartment on the third floor; located at 82-84-86 Main Street. Atty. James A. Glynn represented the petitioner, Mr. McKiniry, who was also present. He explained that the structure has been a non-conforming use in this General Busi- ness district because it has been used entirely for dwelling purposes. The dwelling has been in existence since 1923. He said it is not feasible to convert the structure to 50~business use in order to meet the zoning requirements. There will be no exterior changes, except changes that are necessary for safety. Floor May 1~, 1973 - cont. plans were shown~to the Board, which were incomplete. Atty. Glyrm said, if the petition is granted, they will present more complete floor plans. This property was purchased by the petitioner in July, 1972. ~ine parking spaces would be provided. Mr. Fred Kellan, an immediate abutter, was concerned because the driveway ~etween the two houses is only 7'9" wide and that the petitioner's porch sticks out and blocks part of the driveway. Mr. McKiniry said the porch is to be removed a~ay, regardless of what action the~oard takes. ~ldg. Insp. Foster said the conversion would come under the BOOA Code which requires certain ventilation, etc. These plans have no windows in two of the rooms on the third floor. Nine parking spaces are provided. B.I. Foster said the Zoning By-law supplementary regulations having to do with parking requires l~spaces for 2 or more bedrooms; this would need 11 parking spaces. The petitioner said there is enough room to meet the parking requirements. Chairman Serio read a letter from the Planning Board which recommended denial of the petition. Mr. Drummond made a motion to take the petition under advisement; Mr, Di~ruscio seconded the motion and the vote was unanimous. 3. HEARI~: Donald G. Crittenden. Dr. Beliveau read the legal notice upon the appeal of Donald G. Crittenden who requested a variance under Sections 6.1 and 6.2 of the Zoning By-law so as to permit the division of land, with a building thereon, for the purpose of conveyance; located at the east side of Summit Street and 73 Furber Avenue. Atty. Do~enic J. Scalise represented the petitioner, who was also present. He explained that'the petitioner has owned the property for approximately 20years. He lives in the existing dwelling on the Furber Avenue property, which measures 8,113 sq. ft. and SO feet frontage; The vacantproperty on Summit Street con- tains ll,3A?~sq, ft. and 78 feet frontage. There ~are lots in the area much the same size. Mr. Crittanden's father is in a nursing home and he is in need of selling the vacant lot for financial reasons, so that there is a hardship. William Duffy, an immediate abutter, telephoned that he is in favor of the petition. Mr. Tomzak, Needy Street, an abutter, objected because he felt the lot was too small. There is water and sewer available. Mr. Drummond made a motion to take the petition under advisement; Mr. DiFruscio seconded the motion and the vote was unanimous. GILB~TREAEARTHRE~0VALPERMITi A report ~as received from the Bt~ilding Inspector on .the Gilbert Rea earth removal operation. He said all conditions are being complied with and he recommends renewal.: Mr. Drummond made a motion to renew the permit for one year; Mr. Di~rnscio seconded the motion and the vote was unanimous. WATSON EART~ R~ PERMIT: Mr. Serio read the letters that had been sent to Mr. Watson relative to his earth removal permit. The increased bond had not been filed as required this past February and the office and the Bldg. Ynsp. had received complaints of his trucks travelling on Salem Street from his operation. The Board had requested him to attend this meeting to clarify these matters. Mr. Watson was present and he was represented byAtty. John Willis. Mr. Willis referred to the Board's letters and said that Mr. Watson was not removing loam from the premises but that he had purchased loam from Rte. 11~ and was bringing it to his area to restore it. Mr. Watson explained that around the time of the February letter his wife was in the hospital with a heart attack and due to his concern for her,neglected to file the bond. He said he has contacted his insurance company and a bond will be filed in a couple of weeks, or at least before the next meeting. The Board agreed this would be all right. Member Drummond said he had received complaints about trucks going over Salem Street instead of going over the Missile Site road. Mr. Willis said someone was hauling from the former Cohen :property also. He said it doesn't make sense to go over the missile road, down Rte. 114, along Johnson St. and over to Salem St. to a development when other trucks are allowed to travel along Salem St. without any problems. Mr. Watson doesn't want any problems, he wants to satisfy the Board and do what they want him to do. Mrs. Marjorie Kittredge, rep. of the Conservation Commission, wanted to know how extensive the operation would be, how far back it would go and whantheywere going to restore it. Mr. Watson said there is to be no more excavation from~the access road to the pond. No more excavation between the pond and the brook. They will be 75 ft. away from the brook and no closer to the high tension wires than the present stockpile. Bldg. Insp. Foster suggested to Mr. Watson that he contact the Board in the Fall to have them view the area and see what he has done at that time. Everyone was agree- able to this. Mr. Willis said nothing prohibits him from selling loam that he bringsinto his area. He is not removing any stripped loam from his operation. Mr. Watson said he stockpiles the outside purchased loam in a separate place from the loam removed in the operation. Dr. Beliveau said we should stick to the provisions of the permit and if Mr. Watson can show what loam he brings in then he would go along withit. Mrs. Kittredge aske~ the Board to look at the brook also to make sure there is no filling in near it. May 14, 1973 - cont. The Noran Realty earth removal permit was discussed and the Board decided to send them a letter stating that the earth removal permit has expired and if they intend to renew it, they must apply to the Board and meet the present zoning requirements. Trombly Service Station: The Board signed the corrected Trombly Service Statiod plans and stated that the condition of requiring a fence be w~itten on the plans. The Board then reviewed and discussed the hearings. 1. TREAUFELL: Mr. DiFruscio mad~ a motion to GRANT the variance; Mr. '$alemme seconded the motion and the vote was unanimous. The plans are to be corre6ted to show the chimney on the addition. The Board found that the variance would not be in sub- stantial derogation from the intent and purpose of the Zoning By-law; that it would not adversely affect the neighborhood and that there would be a hardship, financial or otherwise, if the petitioner were not allowed to provide additional living space to his dwelling. 2. ORITTENDEN: Mr. DiFruscio made a motion to GRANT the variance; Dr. Beliveau seconded the motion and the vote was ~-1, with Mr. Salemme voting ~o. The Board found that there are many small lots in the area, ver~much the same size as this particular lot; that it would not adversely affect the neighborhood or be in substantial derogation from the intent and purpose of the Zoning By-law and that there would be a hardship, financial or otherwise, if the petitioner were not allowed to sell the vacant lot .for financial reasons. 3. ABFORR~ALTTTRUST: Dr. Beliveau made a motion to DENT the variance; Mr. DiFruscio seconded the motion and the vote was unanimous. The Board found that there was no hardship; that the expansion of this non-conforming use is too great a deviation from the Zoning By-law. The meeting adjourned at 9:30 P.M. (Frank ~erio, Jr.~' Chairman Secretary