HomeMy WebLinkAbout1975-02-10Nonday - February 10, 1975 --
Regular Neeting
The Board of Appeals held its reg.~lar meeting on Monday evening, February 10,
1975, at 7:30 P.M. in the Town Office Meeting Room. The following members were present
and voting: Alfred E. Frizelle, Acting Ch~irm~n; Dr. Eugene A. Beliveau, Clerk;
William N. Salemme and James D. Noble, Jr., Asso. Member.
As the meeting convened, Mr. Frizelle s~ated that the BOARD would leave it up to the
applicants as to whether or not they desired to hold the hearings inasmuch as there were
only 4 members present to vote. They chose to hold the hearings.
HAROLD G. & HURANO FERGUSON:
The clerk read the legal notice. Mr. ~erguson represented himself. In his presentation,
Mr. ~erguson stated that the laud was surv~eyed improperly. He was in contact with
Chester Sullivan who in turn sent his surveyor in. A fourth survey ~as taken in September
and Ferguso~'s existing driveway is partially on Mr. Tomko's property. ~erguson had a
plot plan that he paid for which indicated there was no problem. Several months later,
his neighbor was told by the gas man that there was a problem. The result of the last
survey is that the corner of his house is ~8 feet from the proper~y line. He then
spoke about his driveway - 1 ) a portion is on Tomko's property and 2) it is subject to
flooding because it is pitched into his house. Mr. Cyr told him that Sullivan wanted
to put a curb there, but the construction was inadequate. A dry well was constructed
which only takes care of light rainfall. 3) He still gets water into his garage in a
torrential rain storm. The house is located in an R-3 District which requires a 20 f~.
side setback. Charles Foster, Building Inspector, stated that he can testify to the
fact that the surveyor was in error.
There was no opposition. Mr. ~rizelle said that he would view the property.
Dr. Beliveau made a motion to GP~ the variance as requested. Mr. Salemme seconded
and the BOARD felt that the only question before them at this time is the 2 ft. variance.
The vote was taken and it was unanimous.
The clerk read the legal notice. Mr. Fundeklian spoke in his own behalf and stated
that he bought the house 3 years ago, but it is 9 years old. The only access is on
the kitchen side, 33 ft. from the lot line. The house was placed off-center on the
lot p~$bably because there is alot of ledge on the land. David Landa, a neighbor, spoke
in favor of the petition. He told how he had spoken to Gilbert Rea for some digging to
be done a~d Mr. Rea said he would break his equipment on the ledge. He said he is not
opposed to the erection of the garage. L~nda's land abutts Fundeklian's on the east
side.
No oppositionwas voiced.
Charles Foster asked where the septic system is located. The septic system is in the
back of the lot and the well is in the front. Discussion took place as to what was
actually being built - an oversized garage with a way into the kitchen with an enclosed
porch on top of the garage. It will not approach the septic tank or leech field.
Dr. Beliveau queried how many feet Landa's house is from the lot line and the answer was
35 feet. Therefore, there would be approximately 50 feet between the dwellings.
February 10, 1975 - cont.
Upon motion by Dr. Beliveau to take the mmtter under advisement and second by Noble
the three regular members and associate member present voted unanimously.
Note: The Board will view the property and will act on the petition atthe March 10,
1975 meeting.
BUYLDING INSPECTOR RE: DR. PATTERSON CASE:
Letter to the BOARD from C. W. Trombly, Sr., Lq. of ~ebrumry, 1975 was read in which
he requests being on the Agenda for April 14, ~975.
Letter of November 15, 1974 from the BOARD to the Selectmen w~s read.
The members felt it best to let the Chairman take care of this matter inasmuch as he has
had a call from Arnold Salisbury. A motion w~s made by Mr. S~lemme to accept the letter
with no action to be taken and refer it to Chairman Serio. Dr. Beliveau seconded and the
vote was unanimous.
LETTER ~"ROM TOWN COUNSEL ACCOMPANYING THE BRIEF ON THE ARCHDIOCESE PROJECT:
The letter was read by Mr. Frizelle who went over several items in the Brief such as:
question of bringing the matter before the Conservation Commission, question of ownership
of the land, deed, etc.
LETTER ~ROM CAMPION HALL STUDY COMMITS.:
The letter was read by Mr. ~rizelle. The BOARD questioned whether or not they can, as
a body, add amy~hing in a formal way. They decided that as a BOARD they didn't think
they should and the letter was recorded as received.
MISCELLANEOUS MATTERS:
Mass. l~ederation of Planning Boards "Newsletter" on Flood Plain Zoning was acknowledged
as received.
Seminar at U. Mass. notification w~s received and noted.
The meeting adjourned at 9 P.M. /,/.~ ~
(Gil~ Blacks~ ock)
Chairman
Becretary