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HomeMy WebLinkAbout1974-07-08~enday - July 8, 1974 Regular Neeting - ~ Hearings The BOARD OF APPEAL3 held its regular m~sting on Nonday evening, July 8, 1974, at 7:30 P.N. in the Town Office meeting room. The following members ~ere present and voting: Frank Serio, Jr., Chairma~; Dr. Eugene A. Beliveau, Clerk; WilliamN. Salemme; Louis DiFruscio and Alfred E. Frizelle, Esq. Associate member, Walter Jamitkowski was also present. Approximately 10 people at%ended the meeting. R & T REALTY: Atty. ~omenic Scalise represented the petitioner. Mr. Scalise stated that they are seeking a variance and special permit from Sec. 7.1 (1) & (7) and Sec. 4.122 (14) of the Zon~gBy-Law. Mr. Foley of R & T Realty was also present. A discussion of the off-street parking and parking facilities took place. They can presently accomodate 5 spaces at the rear of the building, and requested parking on both sides of the building. ~-a~petitioner feels that if he can't develop this third floor apartmemt then the whole project is uneconomic. There is an expected $27,000.00 expenditure on the property. Mr. Frizelle posed the question of how mu~hhardship is there really now as compared'to when they purchased the property in February. The petitioner figured with the rehabili- tation the 5 rents would pay the mortgage. The third floor is a necessity, according to the petitioner. The Building Inspector is in favor of the rehabilitation. There was no opposition. A motion was made by Atty. Frizelle to take the matter under advisement and seconded by Dr. Beliveau. The vote w~s unanimous. WILLIAM F. SC$~ERVILLE: The petitioner was represented by Atty. Domenic Scalise who recpAested a variance under Sec. 6.1 and 6.2 which has to do with minimum lot area. This particular lot ~butts Moody Street. Mr. Scalise stated that both lots will be below the 12,500 sq. ft. mini- mum and the frontage on Lot A is 118.18 ft. Lot B. has the suggested amount of footage. In his presentation, Mr. Soalise mentioned that there are lots in the area with frontages of 50 f~. The petitioner wishes to keep the front two lots on Chadwick St; as one lot and lots 6 & 8 as one lot. Mr. Somerville has lived on Chadwick St. for many years and now feels it is too much property for him to handle. The added income from the sale of the lot would be beneficial to him. Mr. Frizelle asked, "Nh~t is the hardship?" Mr. Murphy, an abutter, stated that he will be happy when the land is cleared up and made neat. Mr. Di~ruscio made a motion to take the matter under advisement. Mr. Salemme seconded the motion and the vote w~sunanimou~. July 8, 1974 cont. MiW.DWw~ L. DINAURO: Arty J. Philip Arsenault represented the petitioner. Mr. ArsenaUlt noted a discrepancy in the street number - it is not 34 Richardson Ave. but it is 38 Richard- son Ave. The plan,, however, accurately shows the lots. The total lot has an area of 19,000 sq. Ft. and the petitioner brought out the fact that all the lots on Richmrdson Ave. and PilSrim Bt. are substantially less than this and most of the lots are smaller than Lot A and Lot B. This gives an idea as to hardship. These lots have been in the family for some time. Lot Aw as purchased in 1922 by Nrs. DiMauro's grandparents. In 1926, the grandparents took title to the remaining Lot B and they have always contemplated that these lots be used separately. Mrs. DiNmuro is retiring and would like to sell the lot B and it will be used for a single family home. It contains 10,552 sq. Ft. and has the necessary 100 ft. frontage. At the present time, it is overgrown and like a small forest, s~ated Mr. Arsenault. There is water and sewer in this area. The Building Inspector noted that in the Zoning By-Law on vacant land you may use 10,000 sq. ft. area. George P. Giannarakas owns the jog from Richardson Ave. to his proper~y on Main St. Mr. Jamitkowski asked if there was a specific tatyer and Mr. Arsenault replied that there was. OPP08I~I~: Fred Arraj - Pilgrim ~t. Mr. Arraj feels that th® DiMauro's do not need the money, so there is no hardship invulved. He, also, would like to see this remain vacant as it is a buffer zone between the adjacent tenants and stated that the area is congested as it is now. George P. Gi~s -Main street. Mr. Gia--arakas stated that both lots will be in violation of the existing B~-Laws of our town. He related that Mrs. DiMauro offered him the lot about 4 or 5 years ago. He msia he would lxty half the lot and maintain the whole lot, so this negates the statement of hardship. He also stated that the area is congested and that they donlt meet any of the conditions required. He does not feel that it will benefit the neighborhood as a whole. It is the Board's duty to protect the rights of every individual in the town and this will not help relations with the neighbors in this area. He requested that the Board do not violate the stability of our existing zoning. Mr. Arsenault spoke again msyingthat they are here because they seek avwm~iance because of hardship and is appealing to the good judgment of the Board to grant this variancee More discussion followed after which Nr. DiFruscio made a motion to take the matter under advisement. Dr. Beliveau seconded the motion and the Board votedunanimonsly. CHRISTOPher. ADAMS - Discussion: The BOARD requested that the B~ilding Inspector take a look at the premises and the earth removal operation and report Back his findings. ~ CORP,: The BOARD directed the secretary to publish a legal notice and notify abutters if they re-~pply. July 8, 1974 - cont. DISCUSSION OF CORRESPONDENCE PROM WALTER HUGHES: Member Frizelle feels that we should not give opinions from the Board and' the remaining members agreed with this. Mr. Frizelle made a motion that we write to Mr. Hughes, acknowledge his letter amd advise him that it is not the policy Qf the BOARD to give opinions. Dr. Beliveau seconded the motion and %h~ vote was unanimous. NOTICE OF FILINGS FOR TOWN REPORT: Chairman Serio stated that he would write a report to be submitted at a later date. ARCHDIOCESE: The meeting and/or hearing to be held in Boston has been postponed until July 17, 1974. Mr. Frizelle, with the DCA representatives and Atty. Don Smith, reviewed the Waverly Rd. property. According to Mr. Frizslle, they have new drainage plans. MISCELLANEOUS MATTERS: The BOARD directed Mr. Salem~e to read through these newsletters and report back if there is anything contained therein that is pertinent to the BOARD. SAN ANTONIO LAND ON HEWITT AVE.: l~ow petition and have the owner wants to buildia house on the re~aining land. -Originally, the was for 3~tots. The Building Inspector says his only recourse is to refile a public hearing. DECISION ON R & T REALTY: Dr. Beli~eau made a motion to GRANT the Special Permit to Sec. 4i~22 (~4) and - to GRANT the Varianoe under Sec. 4.122 (14) (a) on the condition that the Petitioner provide 7 parking ~paces to be in the rear of the building only, Mr. Frizel~e seconded and the vote was unanimous. The meeting adjourned at 10 P.M. Frank- Serio/~ (Gilda Blackstock)