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HomeMy WebLinkAbout1979-09-17September 17, 1979 - MONDAY Regular Meeting The BOARD OF APPEALS held its regular monthly on Monday evening, September 17, 1979 at 7:30 P.M. in the Town Office Meeting Room. The following members were present and voting: Fr~nk Serio, Jr., Chairman; Alfred E. Frizelle, Esq., Vice-Chairman; R. Louis Di?ruscio, Clerk; James D. Noble, Jr.; and Assoc. Members, William J. Sullivan, Walter F. Soule, and Augustine W. Nickerson. ANDR~ CIRCLER EALTYTRUSTFARTHREMOVAL PER31IT: DECISION (Serio, Prizelle, DiFruscio, & Noble) - Frizelle reiterated what had transpired at the last meeting. Since that meeting he had talked with Town Counsel on an interpretation of the By-L~w regarding removal. Town Counsel's interpretation is that a private property owner can remove one section to another on a parcel. Frizelle asked if it might not be more prudent to grant a permit with conditions that would control it in the best interest of the Town and the abutters taking into consideration the various parts of the By-Law~ Also, could ask for a declaratory judgment of the By-Law in the way the BOJ~D inter- prets it. An injmuction would then be in order against ~ny action at the site. No conclusions and the matter deferred until Sept. 27th at 7 P.M. September 27, 197~ - THURSDAY Special Meeting The BOARD OP ~P~LS held a Special Meeting on Thursday evening, September 197~ at 7 P.M. in the To'~n Office Meeting Room. The following members were present and voting: Prank Serio, Jr., Chairman; Alfred E. Frizelle, Esq., Vice-Chairmar~; R. Louis DiFruscio, Clerk; James D. Noble, Jr.; and. Richard J. Trepanier. ANDR~ CIRCLE REALTYTRUSTEARTH REM~OV~%L PErmafIT: DECISION - Trepanier stated that under Sec. 10.31, Conditions for Special Permit, we don't know yet whether the Town is going to take the pond or how it will be run. A responsibility we have involves ensuring that it is not a nuis~ance, hazard, etc. and quoted from the By-Law. Letter from Con. dated June 27 was read. Also, letter from the Planning Board. Prizelle spoke in agreement with Trepanier's interpretation of the ~y-Law in that one can move from one part of the lot to the other. The indication is that there is more gravel there than what they need for their own pu~ooses. Question arose whether or not there should be a bond established to protect the To~m and for a 5 acre site there would be a substantial amount required. Trepanier commented that he has no qualms about removing gravel from a site but concerned about how it would be handled. Don't know what is going to happen to the pond. The question of the size of the pond h~s burdened us all, added Frizelle. Noble surmised that they would need 3 acres just to fill their own needs for the subdivision, not including selling anything to the outside. Serio stated that he did not feel the people who bought in that area want to have a 5 acre pond in their back yard, i~ is a hazard and not in favor at all. Motion made by Noble to DEN/the Special Permit for earth removal. The BOARD did not feel that all the conditions of Sec. ~0.31 of the By-Law h~d been met. Second by Trepanierand ~uanimous vote.