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HomeMy WebLinkAbout1974-04-08Monday- April 8, 197~ Regular meeting- 1 Hearing The BOARD OF APPEALS met on Monday evening, April 8, 1974 at 7:30 P.M. in the Town Office Building meeting r~om. The following members were present and voting: Frank Serio, Jr., Chairman; Dr. Eugene A. Beliveau, Clerk; R. Louis Di~ruscio and AssOciate Member James D. Noble, Jr. Associate Member Alfred E. Frizelle, Esq. arrived later an~ sat on the Trembly petition. There were 8 peeple present for .the meeting. HEP~RD CORPORATION: Atty. John Willis and ~r. Valente were present representing Hereford Corp. relative to their earth removal operation on Boxford Street. Atty. Willis~explained that he has already discussed with the Highway Surveyor the need of gravel. They would like to make gravel but need the necessary machineryto do this. They want to bring ina stone crusher to do this and get ~id of the bou~ders there. It will be necessary to renew their permit in August; they would like to try it now. If there are an~ complaints, they would then stop the operation. Building Inspector Foster expl~1ued that the present owners inherited a problem and that they have been complying with the conditions and doing a good job. Atty. Willis e~lained that the crusher costs $12,0OO per month and has to be rented for a minimum of three months. He suggested that a notice be sent to the abutters relative to the use of the crusher as an amendment to the permit rather than have a new hearing. Dr. Beliveau made the motion to notify the abutters of the meeting to allow the use of the crusher~ Mr. DiFruscio seconded the motion and the vote was unanimous. GILBERT REA EARTH PJ~MOVAL PEPJ4IT: A letter fo~ request of renewal of the earth removal permi~ and a bond were submitted by Mr. Gilbert Rea. Building Inspector Foster reported that Mr. Rea is getting back into the hill near where he is goi~ to start to slope and seed. The area near Chestnut St. has been seeded for about a year and some area behind his house also. Mr. Foster thinks a $5,000 bond is sufficient to cover the remaining work. The Boardnoted that the date on the bond should be changed. Dr. Beliveau made a motion~that the renewal be granted effective~Mayl4, 1974 and that the date on the bond should be extended so as to:expire on July 1~, 1975; Mr. Noble seconded the motion end there was a unanimous vote of ~ members. Mr. Rea'w~AJ-I be notified to make the necessary corrections. April 8, 197~ - cont. ROBERT WATSON EARTH REMOVAL P~MIT: Building Inspector Foster reported that not much work has been done this year on the operation. The perimeter of the pond has been rough graded but the loam has not been spread. There is still alot of loam in the front. The area near the high tension wires has been graded. The operation has been relatively quiet - he reco~nends renewal of the permit. Mr. DiFruscio made a motion to renew the permit through February 12, 1975; Mr. Noble seconded the motion and the vote ~was unanimous. The same conditions will still apply. NOTICE OF APPEAL TO HOUSING APPEALS COMMITTEE: Notice was received from the Housing Appeals Committee in Boston that the Archdiocese of Boston has appealed the Board of Appeals decision denying the comprehensive permit for 230 Low and Moderate income housing units. The material has -lready been referred to Town Counsel for appropriate action. Member Frizelle arrived and the Board proceeded with the hearing scheduled. HEARING: Trombly Bros., Inc. Dr. Beliveau read the legal notice in the appeal of Trembly Bros, Inc. requesting a variation of Sec. 6.3 & 7.2 of the Zoning By-law so as to permit a division of land into two lots; one lot having less than the required area and one lot having less than the required area and frontage; located at the north side of Sutton Street; approx. 75 feet from the corner of M-fu Street and known as 141-147 Sutton Street. Atty. Charles W. Trombly~represented the Trombly brothers, two of whom were present. Mr. Trombly explained that the description on the legal notice was not correct. The lot on the corner is owned by David Trembly and the lot that the station is located on is owned by Naomi Trombly. He said it is not now economically feasible to go ahead with their original plans. They will leave the existing brick structure up and put an addition on it. They need no variance for the 50 ft. distance from a residence. They need the variance for the front and side lines and rear set- back. They need a variance for the area because 25,000 sq. ft. is required and the lot cont~ins only 23,000 sq. ft. The lot on the corner is not under consideration at all- it is under different ownership. They will still provide the screening as had been requested under the original permit. Atty. Frizelle requested that the application be corrected to show the nsmes of the record owners. There were no abutters present, there was no opposition and no one else spoke. Dr. Beliveau made a motion to take the petition under advisement; Mr. DiFruscio seconded the motion and the vote was unanimous. April 8, 197~ - cont. DECISION ON CHESTNUT ESTATES TRUST: Atty. Frizelle made a motion to grant the special permit, subject to.the following conditions: 1. No food service establishment, which includes but is not limited to, a restaurant~ fast food take-out~ ice cream stand, sandwich shop, etc. A con- venience grocery food store~ not se~l~g prepared food for take-out~ shall be permitted on the first floor of the building. A quality, sit-down type restaurant sh~ll be permitted on the second floor only, of the building. 2. Outdoor waste recepticals must be enclosed and screened on four sides for all buildings. 3. Exterior construction of all b,,~ldi~gs is to be of brick veneer. ~. Entrances and exits to be as shown on proposed building site plan dated January 11, 197&. 5. Shrubbery and screening to be included as shown on the proposed building site plan dated 1/11/7~. 6. Parking will be allowed as shown on the proposed build~ng site plan dated lllll? . : 7. NO food or beverage machines to be allowed except for the convenience of the tenants. Mr. DiFruscio seconded the motion and there was a unanimous vote of the four members that sat on the petition, member Salemme being unable to attend the meeting. The Board found that the .specific site is an appropriate location for such a use, structure or condition. The use as developed will not adverselyaffect the neigh- borhood. 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. Chairman Serio officially appointed Associate Member Alfred E. Frizelle, Esq. to sit as a regular member of the Board until the Selectmen make an appointment to fill the unexpired term of former member Arthur Drummond who resigned inFebruary~ 197~. The meeting adjourned at 9:30 P.M.  ~ ~ Chairman (Frank Serio, Jr.) · (Anna Donahue)