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HomeMy WebLinkAbout1967-11-13Monday - November 13, 1967 Regular Meeting 217 The BOARD OF APPEALS held their regular meeting on Monday evening, November 13, 1967 at 7:30 P.M. in the ToE Office Meeting Room. The following members were present and voting: James A. Deyo, Chairman; Arthur Drummond, Secretary; John J. Shields, Daniel T. O'Leary and Donald J. Scott. Atty. John F. Burke appeared before the Board to request a postponement of the hearing for Sam Samel. They are trying to purchase land which would then make it unneqessary for them to have a hearing. The Board accepted the postponement. JOEL SCHECHTER: A letter was received from Atty. Nerold Morley requesting withdrawal of the petition of Joel Schechter without prejudice. Mr. Shields made a motion to accept the withdrawal. The Board checked the Rules and Regulations and found that. ~der Section 2 an application may be withdrawn only p.~ to the hearing by the Board; so that this petition cannot be withdrawn since the hearing has already been held and the Board must take action on it. Mr. Drummond made a motion to~ DENY the special permit. Mr. Shields seconded the motion. The vote was u~animous. The reasons for denial are: 1. The proposed apartment complex would be detrimental to the area. 2. The proposed development with over two hundred dwelling units served by one point of egress onto the main thoroughfare would severely aggravate an already hazardous traffic condition. This would be compounded by the probable pick-up and delivery of children by school buses. 3. Section 4.74 of the Zoning By-Law states that no special permit for apartments shell be granted unless the Town can reasonably provide the proposed development with all necessary utilities and facilities. In this petition sewerage cannot be reasonably provided. 4. The proposed "disposition of water" would add appreciably to the natural waterway and could potentially be injurious to landowners downstream, R. & S. APARTMENT DEVELOPMENT: Atty. John Willis appeared before the Board with a letter from R. & S. saying that recreational facilities w~]] be provided in the apartment development. Mr. Shields made a motion to accept and approve the new site plan. Mr. Dru~_ seconded the motion and the vote was unanimous. Mr. Willis said that as soon as the FHA ~zlans are approved he will provide the Board with a copy. 218 1968 BUDGET: The Budget for 1968 was discussed and it was agreed to ask for $1200 since expenses and salary are continually going up along with the growth of the town. KEVIN DONOVAN: The arguments of the petitioner and the intent of the Zoning By-Laws were discussed. Mr. Dr,m~ond m~de a motion to DENY the petition. Mr. 0~Leary seconded the motion and the vote was unanimous. The reasons for denial are~ 1. Granting the appeal would be very much to the detriment of the neighborhood. 2. There is no apparent hardship being encountered by the applicant that would serve to Justify the appeal. 3. It is the opinion of the Board that the subject properties (lots 8 and 9) are in common ownership and the appeal, if granted, would be inconsistent with the intent and purpose of the Zoning By-Laws which req,~e 12,500 square feet for an individual lot. NOTICE OF N~E. TING: A notice was received from the Selectmen that a meeting ~ he held on Monday evening, November 20 to discuss the budgets of all town departments with department heads. The Chair, mn will attend the meeting. STEINBERG SPECIAL PERMIT FOR APAETMENTS: The special permit for apartments granted to Albert Steinberg was again dis- cussed. Mr. Shields made a motion that the special permit issued to Albert Steinberg be rescinded. Mr. Scott seconded the motion. Mr. D~,mmond said that in fairness to Mr. Steinberg he would sm~nd the motion so that definite action be taken at the next meeting and notify Mr. Steinberg to be pre sent. A discussion was held and the members felt that Mr. Steinberg had been given several ch~ces since last April and that the Board has gone the limit with h~m and have been fair but that Steinberg hesn~t done anything. A vote was taken and it was voted unanimously to rescind the special permit. A registered letter will be sent to Mr. Steinberg and a copy filed and recorded with the Town Clerk and the Registry of Deeds. The.meeting adjourned at 9:00 P.M.