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HomeMy WebLinkAbout1976-03-08March 8, 1976 - Monday Regular Meeting The Board of Appeals held a regular meeting on Monday, March 8, 1976 in the Town Office Meeting Room. The following members were present and voting: Frank Serio, Jr., Chairman; Alfred E. Frizelle, Vice-Chairman; Louis DiFruscio, Clerk; James D. Noble, Jr.; and Assoc. Members, Walter Jamitkowski, Stephen R. D0herty, and Ralph R. Joyce. There were 10 visitors. Public Hearing: NINETY-NINE NORTH - the Clerk read the legal notice requesting a variance from Sec. 7 (11) of the By-Law to permit parking of 50 motor vehicles. Atty. Carmine DiAdamo represented the petitioner and stated that the petition involves two parties directly - 99 No. and Mr. & Mrs. D. Messina. The 99 has a purchase and sales agreement on the property. They are doing more business than the old Hi-Spot. He had had a conference with Chief Lawlor and was told to try to alleviate the parking problem. The 99 attempted to contact contiguous land owners . There is a 110' right of way next door owned by Mr. Sergi and Messina's property is next to this. The Sergi's are not interested in entering into any transaction. He then sited a portion of ZBL regarding "parking for additional pleasure vehicles may'be allowed by Special Permit" and felt this should be considered in terms of public safety. The parking spills out t~ Chicker- ing Rd. and Mass. Ave.; this is the only place they have to go; the use will enhance the neighborhood, an appropriate site; people in the neighborhood will not be disturbed. Mr. Serio read a letter from Chief Lawlor recommending favorable action. OPPOSITION: M. Warchol, M. Dow, G. Steam. FAVOR: F. S. Davis. Much discussion took place regarding lighting, walkways, screening, etc. Mr. Frizelle opined that is should probably be a re-zoning matter; questionable to create a parking lot in a residential district; is is an allowed use? Mr. DiFruscio made a motion to take the matter under advisement. Mr. Jamitkowski seconded and the vote was unanimous. ~IMACK ~ALLEYNE~ICAL ASSOC. (Doherty, Jamitkoweki, Frizelle, DiFruscio, Noble): Motion madebyNr. Doherty to reconsider the case of the MVMedical Assoc. Mr. Noble seconded and vote was unanimous. Contact h~d ~een m~de from c~unsel for the petitioner who has requested withdrawal without prejudice. Mr. Noble then made a motion to grant leave without prejudice to the above. Nm. Ja=itkowski seconded andthevotewms FRANKLIN S. DAVIS - side line variance; Clerk read the legal notice; letter dated Marsh 8, 1976 from Building Inspector was read; Davis showed the BOARD snmp shots of the barn on his lot and stated that he ~s tried to preserve the trees on the property; requested going back 10 ft. from the lot line in order to be able to drive a truck to the barn. Mr. ~rizelle stated that it is difficult to apply ~he By-Law when taking into consideration the hardship aspect. Mr. Davis explained that there seems to be no other way to get the garage in there. The BOARD suggested other spots for the placement of the garage and Davis commented that a tennis court was going on one place. FAVOR: George Stern - felt where there are no abutters concerned and the house is an obvious tax advantage to the Town it should be granted. 1976 Mr. DiFruscio made a motion to take the matter under advisement, seconded by Mr. Frizelle and unanimous vote. O~RIS ADA~ - BOND ~.~E RE~rE,~T: The Clerk read %he letter dated ~roh 8~h from the ~ld~ ~spec~or ~g~g ~s ~speo~i~ off the ~ea. Als~ ~s. ~as re~. Upon motion of ~. FrizelXe ~o advise ~. A~s %~% ~s b~d ~ill not be released ~il he o~ple%es ~1%he regiments set forth By the ~9~ ~he meets the appro~l of the ~XldX~ ~spec~or, seceded ~ Nember ~ w~ ~im~. REVIEW ~F COURT RULINO: ~AVE~LY RD. PROJECT - a letter to be prepared and mailed on March 25th ask!n~ for gui{e lines in relation to their (RAG) ruling. Letter from:Planning Board Re Hereford: letter dated ~rch 8th was read by %he Clerk. REquest meeting with them on March 15 at 6:45 P.M. OE0~GE FAREA,~: Discussion regarding his parking of oars and whether or not it is a non-cc~forming use. Char~ie Foster stated that on any non-conforming use there should be a limitation; just parking oa~s on a portion of the lot; BOARD wanted f~trther clarification. NINETY-NINE:Discussion - Mr. Frizelle di~d~.'t feel that they should be before this BOARD because it is properly a re-zoning matter, reviewed Sec. 7/1 (11) of the By-Law. Letter to Town Counsel Re Ch. 808; wai~ for reply. The ~eeting adjourned at ~0 P.M.