HomeMy WebLinkAbout1976-04-12April 12, ~976 - Monday
Regular Meeting
The BOARD C~ APPEALs held· its regular monthly meeting on Monday evening, April 12, 1976
at 7:30 P.M. in the To~n Office Meeting Room. The following members: were present and
voting~ Frank S~rio,' Jr., chairman; R. LOUis DiFruscio, Clerk; James D. Noble, Jr.; .
Walter JamitkO~ski; and R~lph R, $oyce, AsSoc. Member, ~ Mr. S~tephen Doher~y arrived late.
There were 20 visitors.
PUBLIC EEARING8:
Hearing on Frances D. Waugh was withdrawn ~ritheut prejudice.
1. AUGUSTINE DE PARIS - 100 Elm ~t.: the Clerk read the lega1 notice. John J..Willis, Sr.
a~peared on behalf of the petitioner. Mr. DeParis' daughter lives on the second floor of
this building and the purpose is to allo~ ~n additional Bedroom on that floor; it is a
building which has had only two tr,-~fers since 1848; showed the BOARD certified copies of
a deed where the proper~y was transferred from Cheney E~tate %o Village Land Co.
Reason he is Before the BOARD is because he has a non-conforming ~tructure. The use is
allowed in the manner in which it is now Being used but they intend to expand the addition
such that %he present business ma~ have some additional spa~e but primarily for residential
use on the second floor. Hardship is inherent in all our structures downtown Because they
were developed prior to zon~-g. This is due to the peculiar nature of structure, location
and unavailability of any more land. Mr. DeParis Bought this property in 1972 from' D & F
(showed certified copy of deed). Expansion he desires is the cellar end the two floors -
on Elm S~. it is residential and c~ Water S~. it is business. BOARD viewed the plans;
Mr. ~erio commented that this was Before the BOARD in 1~72 regarding cc~aon c~nership and
was denied. Mr. Willis felt this was not germaine to this hearing because Mr. DeParis
w~s not involved at that time. Charlie Footer interjected that we have provisions in'the
By-L~w previous to 1~72 in which no residential dwellings could be in the GB Die~.rict. In
1972 we Broadened that so that the present By-Law allows 50% of the floor area to be resi-
dential and, in this case, more fhA. that is residential th~n is business a~d suggested that
they should have asked for a variance from that requirement. Willis didn't th~,k this was
necessary Because they don't plan to change the % that is there now. Mr. Frizelle stated
~h~t they are expanding that non-conforming use through a variance and it ~hould include
tha~ particular section that limits area ~o 50%. Mr. Jcyce suggested a continuation of
~he hearing. Mr. Noble made a motion to continue the hearing until May loth with primary
reason Being the percentage question. Mr. Doherty seconded and the vote was unanimous.
2, EDW~ & OL~A EAT0~ -. 2~7 Andover ~t.: the Clerk read the legal notice. Mr. Eaton
appeared in his o~n behalf end petitioned for a apartment for his parents who are ready to
retire in an attic above the garage which he will finish off. Would not object to the
stipulation that it would be used for immediate family. Location is in an ~-3 District.
Hardship Because his mother has had a nervous Breakdown and shouldn't be alone mights
while his father works. Charles Foster, ~ilding Inspector, mentioned'that the site is
surrounded B~ R-~ and R-5. Mr. Joyce questioned whether or not a variance is actually
needed Because it involves a mother and father which ~ could be considered one family. Foster
answered that once akitchen is put in it is considered two family.
Ga~ton Osgood 'spoke in favor in general terms.
Motion made ~y DiFruscio to O~_A~l' .the v~riance with the stipulation that it is Used for
only i~ediate family. ~econd By Jamitkowski and unanimous vote.
3. GILberT REA - ~_~_~th Removal Permit: the Clerk read the legal notice. Harold Morley,
attorney, represented Rea. Morley gave the history of the permi~ which began in ~983.
April 12, 1976 - cont.
He explained the plan presented showing 5 acres to Beworked, area for stump burial.
The Building Inspector stated that Mr. Rea has been cooperative and kept him aware of
hie operations. He has done some re-seeding and the slopes are ~ell within the new
~y-Law. Mr. Rea said that be'primarily intends to keep i% as it is but if anything
happens to him it could only go residential. He has not had any hauling out except
for himself for the last lO years. Morley told the membership that everything is hay-
field now. The Ohairm~ asked him to send a me~o::to the B0~-RD to this effect; felt
that Rea is in compliance with the By-Law.
The Highway Surveyor stated that Mr. Rea has Been very cooperative on road use and the
pit is also quite useful to his department for different types of fill.
Pat Troably spoke for the 0on. Com. in that they have no complaints and is a very good
use of the land. She cited Mr. Rea's pit as an example of oouformanoe to the require-
monte of the new By-Law. Joyce brought out the fact that the material was supposed
to be received within 30 days of the application. Mr; Fo~ter asked if the plans could
be sent out and received back before the decision is made in order that the BOARD will
have all input. Mo~ioa made by Joyoe to continue the m~tter until May 10, 1976 meeting.
DiFruscio seconded and the vote was unanimous.
IN FAVOR: Robt. Madden, lll Rea St.; anjou Osgoed; Tim Rook, Abutter.
DECISIC~S:
1. Ninety-Nine North, Inc.: (Serio, Noble, Jamitkowski & DiFruscio) Mr. Serio stated
that the BOARD feels that this particular use is not allowed in an R-3 District.and
the petitioner has failed to show that this BOARD can grant a parking per~it in Sec.
7.11. It is a very difficult situation and a serious hardship but the land is no~
adjacent and hard to extend a ps,mitred use on this Basis. His opinion was that the
m~atter was not properly before us. It should probably be a zoning issue. DiFruscio
continued that it should go before Town Meetingand then it wouldn't be termed spot
zoning. Mo~ion then made by Jamitkowski to dismiss the matter without prejudice, it
is not allowed in a R-3 District and the petitioner did not show the power te grant a
special permit under ~Ec. 7.1 (ll). DiFrusoio seconded and the vote ~as unanimous.
Atty. DiAda~o said that the Town would not be receptive to granting a re-zoning on this
l~aroel.
2. I~ANELIN S. DAVIS~ Motion by DiFruscio to allow withdrawal without prejudice because
he was not about to meet the hardship requirement. Second by Jamitkowski. During dis-
cussion, Mr. Ja~itko~ski felt that the only hardship was to the tree that they wanted to
save. Serio stated that he would rather see it denied so he can't o~ne back in to the
next meeting. Unanimous vote on the motion.
Lette~rfro~neighbor, Robt. Reiohter was read and is on file.
Letter from 2UILDINa INSPECTOR to BOARD OF SELECT~ RE OUTDOOR PAI~fING LIC~E APPLICA-
TIOR; letter read By the Chairman. The disoussiou went to the merits of non-conforming
use. Fark~ should have been able to substantiate when he began the parking there. The
construction workers were parking there when Western Electric was being Built. The
license issued by the Selectmen does no~ have an~hing to do with the zoning. Some
limitation has to be placed regarding the number ef cars on a legal non-conforming use
such as this. Serio suggested tbat Foster write a letter to be considered at the next
meeting. Also, recommend a number that he feels can be parked there.
DATE TO VIE~ C. ADAMS EARTH REMOVAL SITE: the Chairman appointed a ~ubco~nittee of
April 12, 1976 - cont.
Noble, DiPruseio a~d Jamitkowski to view the site and repor~ to the BOAP~D at the Na~
loth meeting and requested a written report from the Building Inspeo%er regarding his
inspeOtion.
MISCELLANEOUS MATTERS: Notice of Workshop on Ch. 808 sponsored by the MVPC on April
13, 1976 at 7:30 P.M.
Letter from Growth Policy C~!ttee regarding public hearing on April 13, 1976 at
High ~chool Auditorium.
Ralph Joyce again Brought up Sec. 5 and the requirements of application. Plans are
supposed to be submitted to the various bards 30 days prior to application and £elt
that, as a BOARD, we should develop some standards of operation.
The meeting adjourned at 10:30 P.M.
/ Oilda llaokstook