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HomeMy WebLinkAbout1974-12-09Monda~ - December 9, ~974 Regular Meeting The BOARD OF APPEALS held its regular meeting on M~nday evening, December 9, 1974, at 7:30 P.M. in the Town Office Building Meeting Room. The following members~.were present and voting: Prank Serio, Jr., Chairman; Alfred E. Frizelle, Vice Chairman; Dr. Eugene A. Beliveau, Clerk; William N. Salemme and Louis DiFruscio. Associate mem- ber James Noble was also present. There were 8 visitors in attendance. Anthony Reynolds Appeal - Re Woodhouse Property: Mr. Noble sat in place of Mr. Saleratus due %o the fact that Salemme was in favor of the petition sitting on the Planning Board. Mr. Joseph Trombly, Esq. represented the Reynolds~. Mr. Serio read the letter asking for reconsideration. Mr. ~rizelle felt there was no harm in hearing Mr. Trombly's reasons for requesting this. Atty. Trembly stated that the validity of the decision is questionable and justice was not done to Mr. & Mrs. Reynolds. The matter was treated erroneously, he said, and this is the reason why he feels it should be opened up again. The crux of the objection of Mr; Reynolds was zoning~ frontage, area, sideline require- monts. This building is on12~:~6 sq. ft. and the petitioner is only a l~man and his intent was misconstrued. Mr. Frizelle stated that we are stuck with alot of procedural problems. Mr. Trembly said he is trying to bring the initial intent of Mr. & Mrs. Reynolds out in the open. How do we go back and take up the issue of the building permit now, clueried Member Prizelle? We have construed it one way and are hesitant to re-open the-hearing. Doesn't feel we can go ~ack and have a new hearing on a new subject with new evidence. Atty. Trombly said that the original petition that was filed meant to appeal the build- ing permit. People who are laymen tried to make a point even though it probably was a little ambiguous. Your decision is narrow and inequitable end I feel it should be re- considered, he said. A motion was made by Mr. Frizelle to DENY the reconsideration and Mr. Noble seconded. A discussion followed Ln which Dr. Beliveau ~tated, at the end of the last meeting my impression was that we were going to hear an attack on the buildi~ permit. Mr. Friz- elle said the law states 30 days on au appeal and this has long since expired, so they can't come in new. A vote on the motion was taken with Members Frizelle, 3erio aud Noble in favor, DiPruscio and Beliveau opposed. The motion did not carry. Dr. Beliveau asked, don't you think there has been a serious violation of zoning? Mr. Frizelle felt that hindsight is great, but we have to go by the statute we work under. They do have recourse to the courts. Upon motion by Mr. Frizelle that reconsideration be DENIED and Mr. Noble's second the vote was as follows: Noble, Frizelle, Serio end DiPruscio in favor and Dr. Beliveau opposed. WAT~0N GRAVEL PERMIT: expiration date is February 12, 1975. The BOARD noted that he would have to apply for a new permit. The meeting adjourned at 10 P.M. (~ilda Blacks%ock)