The URL can be used to link to this page

Home My WebLink About1967-04-10F~aday - April 10, 1957 Regular ~eetim__g & Heax~ga The BOARD OF APPEALS held their regular meetiag on ~o~ay eveniag, April 10, 1967 at 7:30 P.F, ia the Tows Office ~,4~ing. The following members ~re present and vof. t~g: Jeha J. Shields, Chairman; Jaw~_s A. Deyo, Secretary; Daniel T. 0'Leafy, Arthur ~ a~d Do~a~d J. Scott. Associate Hember W/.lliam Deyerm~ad was also There were 12 people present for the heariags of the eveaing. ~ ~NG= Joseph R. & Carol A. Lariviere. Mr. De~o read the legal aotiee. Mr. Lariviere apok~ o~ his o~a behalf. He said that it wes his imtentioa to coavert the peesent Building c~t-'tn't,~g fey2, f~ur- room apartments by emlargz~nt and modification so as to create eight, three-roc~ apartments. He said sufficient parking areas would also be established. The follow~ abutters that were preseat spoke ia opposition for several reasons inelvS~-g traffic congestion and degrading of the ~eight~rheod. Edward S~tllive~, Joseph Doherty, Roher~ Dawe, Robert Gart~e. 1~. 0'Lsery made a motio~ to take the petition Uader advisemewt. F~r. Deyo seecad~d the motion end the vote was ummimous. 2. ~_A~ING: Dce~io & ~ T. Napoliteno. Mr. O'Leary poiated ~ ~t t~ leg~ ~otiee ~s ~ e~r ~ca~ of t~ ~ ad, ss ~ ~ed. ~. D~o ~ t~ leg~ aotiee. Atty. ~t~ ~z~ ~sen~d ~e ~ti~ers. ~ ~d t~t t~ e~r~s ~s ~ ~t ~ ~No. ~ for t~ ~etad~ss ~ s~ ~ ~a ~. T~ B~ ~it ~dnot a~eet ~ ~titi~ a~ no o~r aeries ~s ~ ~ ~s e~. Atty. ~sso ~d ~t t~ ~ ~ ~sti~ is e~d of f~, ~ ~ 1~ foot lo~s. ~ ~ ~ e~ ~ers~p~ the a~lic~ts ~th t~ir ~ ~g ~ ~d ~ ~o ~ the lots. It is t~ desi~ ~ ~e t~ f~ lots (~e ~el) ~ t~, 1~ fo~ lots. 0~ of the p~d lots w~d ~ t~s ~d the ~e~ ~ ~ e~v~ to t~ ~ter ~ p~cti~ ~~w. ~ s~d t~t de~ of ~a ap~ca~ion wo~d re~t ~ ~c~ hn~s~p ~ t~ app~c~ts. ~so, t~ ~pos~ s~aion wo~d ~ ~ c~ ~ ~th t~ d~4~e ~ Iota ~ t~ ~ate a~. No cae spoke in opposition. Mr. 0'Leary made a motion to take the petition under advisement. Mr. Dr~aac~t seeendad the motion and the vote was uaanimoua. ~-AR.TNG: John J. Willi~ an~ Walker Realt~ Tr~. . Deyo read the legal series. Atty. John J. W4~*s spoke on his owm behalf and as representing the other petitioner, Wal~r Realty Trust. ~e pleaded for the tranafe~ of 9,867 aq. ft. of land in the rear of ~181 ~ Street, presently owned by John J. ~lis, to Walker Real~y Trust so aa to iaerea~e the amount of la~ now held by said Trust. It was outlined that ~ the rear of the dwelling there was e~cess land, o~ned by Mr. Willis, for which no end use could be le~all~ made. The area to be transferred ia shown on the site plan of said petition with an area of 82.21 feet in width by 107.51~ ia depth. There would resedm in the mmership of Mr. ~Plllis, 10,433 ~q. ft., more er leas, which ia more than enough April 10, 1967 - Cont. 183 land to sustain the existing buLldi~ thereoa, and t~t tM. ~t ef 1~ ~s quest~ ~to ~r ~ty T~t, ~t w~d then .1~ ~ei~t ~ ~ e~t ~ ple~ t~t ~ ~ is centrally l~a~d ~th a ~ ~gh ~ati~ d~ ~ ~gh ~enta~ of st~et~ ~a ~r~ ~ ~; ~t it w~d ~t ~ to t~ t~ or t~ ne~or~, ~t it ~ not-~ ~ ~ga~ ~ t~ ~ ~se of t~ ~w, ~d t~t f~ +~ ~eei~ auth~i~ ~d ~ a ~s~p ~ ~th applic~ts ~ t~t t~y ~d ~ e~ess l~d for w~ch no ot~r ~ c~d ~ ~e. Aseesse~ ~ ~.~ ~ H~ L~ s~ ~ fair of t~ ~on. No objections were registered. ~. Dr-~md ~e a ~otioa to take the petition under advisement. Mr. O'Leary seeonded the motion and the vote wae 4. corr. ~ARING~ John MeLaugh~t~: Chair~n Shields reviewed the hearing that had Been tabled two me~ths ago. Mr. Diggins, appearing for John ~cLaughlin, presented the necessary arehiteetural plans to the Board. M~. O'Leary made a motion to take the petition under advisement. Mr. Dr~ seecaded the ~oti~n and the v~te ~as unani~ons. MERRIMACX MATERIALS, INC. A letter was received fr~a Me~mck Material requesting the renewal of the ' earth re,oval per,it. Mr. OtLeary ~ade a motien to renew the permit for me year with tM e~w~ e~nditien~ and ter~s to apply. Mr. Drm==~d seeanded the motion and the vote wae-~aani~ms. APAETME~T PEP~ITS '. Mr. Shields read a letter to the Board f--~ Tow~ Comsel relative to per~it~ ' that had been granted for a~nt develop~mts and wre st~'~l outstan~-g. The Board discussed the apartment permit for Demers & Shea and '~O.be~.'t SteinBerg that are still outstayed8 a~ter a mmber of years. The Board cea notify th~a of any upc~w~ action amd recall the permit or give them an opportunity to aet on it. It wac also discussed about requesting R. & S. Const. Co. to appear before the regarding their apar~,~nt development on Chicker~ Road. They can amend ~ ~ the deeision cf 1963 and made eonditio~a, restrictions, etc. A discussion wae held about studio apartmonts and erie-bedroom apartment~ not being spe~ed out in the By-Laws. There are presently no provialona ~ade for this type ~of apartments. Mr. Shields'said he would draw up an Article for Town Meeting which would have to Be presented to the p~a~ Board for a public hearing. 184 April 10, 1967 - Cont. ELECTION OF OFFICERS~ Mr. Shields designated Mr. Dru~aond to sit as Acting 0hairman. ~r. Scott ~ade a motion that John Shields re~*- as C~ of the Beard. Mr. Shields said that last year he told the Board that he w~ld be $~e Chairse~n for ~n17 cae year and then give sc~e otbe~ mmher a cha~e to sit aa Chairman. Mr. D~ seconded the motica. ~r. O~Leary ~ade a motion that Ja~ee Deyo be Chai~. Mr. Scott seconded the ~otion. ~r. Deyo nmainated Arthur Dx.~ond. ~. O~Lear~ made a motion to close the no-~"etions. It was then ~ voted~t~t Sa~_s A. DeYO will be the Chaldea.. Mr. Deyo then designated Arthar DriP--nd t~ be Secretary. The Board then dis~,_ssed the hearings of the evening. The Board noted that the operation ~nd workings of the proposed office addition would not likely be obJectioaable and there was A~p. le area for the addition which would be quite small in comparison to the existing warehouse. 0'Leafy w~de a motion to GRANT the application, which was seconded by Arthur and voted ~sly in favor. 1. To deny the application would cause financial ~rdship to the applicant. 2. 'The extension of the non-eonfo~:-E use of the land is of a -~-or degree and reascaably necessary to continue the successful opera+ion of the business. 3. That grant~n~ the variance would not deviate frma the intent and pt~'po~e: of the ZO-~_-~ By-Laws. 4. The construction of the office addition would tend to break the stark, functional shape of the warehouse thus~ giving it a somewhat more aesthetic appearance. Upon discussion, the Board noted that a ~ lot of 28~000 sq. feet of land is required under the Zoning By.Law, for an eight a~t building. Mr. Shields made a motion to ~ the application, seconded by Mr. 0~Leary and voted April 10, 1~7 - Conto 185 t~asons for ~ are: 1. There was no apparent hardship, financial or otherwise. 2. The lot size av~ble vas substantially below that required for the eight apart~nts desired. 3. Granting the application would severely aggravate an exist~ non-conformS-8 use. 3. NA~L~TA~O: Mm. O'Eear~ sai~ he would ahstaim fro~ voting because of the error in the legal advertising. Mr. Dr~m~nd ~ade a motion to D~Y the appliea%io~ There was f~rther discussion and Mr. Dr,~n-o~d withdrew his ~otion. During discussion it ~as noted that the ar~n%a presented by Atty. Randaz~o were in eubstanse valid. The applicants had held the land in question prior to the general revisions of the Zoniug By. Law~ adopted in Mr. Scott made a motion to GRJA~ the application, seconded by Mr. Shield~ and voted favorably with Mr. 0~Leary abst~tBt~. The reasons for granting are: 1. To ~ the application would cause financial hardship to the applicants. 2. The proposed subdivision would result in two lots well in keep~w~ with the eurreunding neighborhood. 3. That granting the v~rianee would not deviate from the ~-teat and purpose of the Zoning By-Laws. ~. ~.T.?S & WALI~ It wes noted and discussed that favorable action on this application would result in an improved tax base, best end use of the land, and would be an asset rather th=, h~-~d~l to the area. Mr. Dr~ made a motion to GRA~T the application with special conditions. Mr. Shields seconded the motion and +~he vote was ~. Special Conditions= a. That plans for the erection of the eight units be submitted to the Board certified by a registered Arehitsc% and confor~B~ with local and state applicable regulations and requirements. b. That no oncupanoy shall Be sl~owed ~ntil such a time aa -the B,~?~t~ Inspoctor has made a final inspection of the fw~revements and has issued an ocox~panoy permit. ~asons fo? appreval: 1. The allowance of transfe? of land to Walker Realty Trast ~ll -ll~w an end use of the land which would otherwise have r~ned e~cess, and for which the present o~ne? would derive no future benefits. 186 April 10~ 1967 - Oont. 2. That with the inoreased amount of land in a high density area, granting of eight additional units would not be in derogation to the intent and purpose of the By-Law, would not be detrimental in any respect to the 4w~diate neighborhood influence, but would actually e~hA-~e the area. 3. That to deny this application would result in a hardship , fS~"~ial or other- wi~e, to the applicants. The Board signed the neeessary vouchers. The meeting a~Jo~rned at lOtOO P.M. (J~w~a A. Deyo) Ohairmm