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HomeMy WebLinkAbout1968-04-15228 Monday - April 15, 1968 e alar eet ng Hear'- s The BOARD OF APPEALS held their regular meeting on Monday evening, April 15, 1968 at 7:30 P.M. in the To~n Office Building Meeting Room. The following members were present and voting: James A. Deyo, Chairman; Arthvr Drua~ond, Secretary; Donald J. Scott, D~-~el T. 0'Leafy and John J. Shields. Associate Member Rober~ J. Burke was also present. There were 22 people present for the hearings of the eve~. 1. WILLIAM F. BRENEAN, JR.: Mr. Dr~..m~nd reed the legal notice in the appeal of William F. Brennan, Jr. requesting a Special Permit under Section 4.7 and a variation of Sec. 4.73 ~e) of the Zoning By-Law so as to permit the erection of a residential building cont~tng four family units, on the premises, located at the north side of Saunders Street; 50 feet from the corner of Cleveland Street and known as 80 Saunders Street. Mr. Brennan appeared on his own behalf and pleaded his case by citing a need for the type of apartments he proposed; that the ~ was well suited to multiple family units. Two abutters, Philip Miller and Walter Ma~xrenko, spoke tn opposition saying there is no hardship involved and that there are limited parking facilities. Mr. Shields ~de a motion to take the petition under advisement. Mr. 0~Leary seco~led the motion and the vote was una-~ous. 2. J0~ P. SA~GERMAN0: Mr. D~*..,ond read the legal notice in the appeal of ~ohn P. Sangermano requesting a variation of Sec. 7.21 of the Zoning By-Law so as to permit the addition of a fRm~ly room and garage on the premises, located at the north side of Dale Street, known as No. 268 Dale Street. Mr. Sangermano pleaded his own case by citing his need for the edditional room and garage and the desireability of placing it on his lot as illustrated. The bui2~-~s were skewed with respect to the lot line so that only one corner of the garage was within the side yard l~ts. There was no opposition to the petition. Mr. O'Leary made a motion to take the petition under advisement. Mr. Shields seconded the motion and the vote ~as uns~mous. 3. JA~ES GARON: ~r. Dx~=ond read the legal notice in the appeal of Jaw~_s Garon requesting a variation of Sec. 6.31 and 7.23 of the Zoning By-Law so as to pe~t the division of an existing lot of land into two parcels, both to be smaller in size tba~_B_ is required under the ZoB~B~ By-Law, on the premises, located at the west side of Lexington Street, at the corner of Concord Street, known as 24 Lexington Street. April 15, 1968 - cont. 229 Mr. Garon represented ~4mself and stated his case by pleading that it was his desire to split his lot into two parts so as to create a lot upon which his prospective son-tn-law could build a house. He stated that he realized the lots were smaller than permitted but that there were many in existence appro.~m~tely the same size as those he proposed. He stated that the house to be built on the proposed lot would be a credit to the neighborhood and would be an asset to the to~n. Salvatore Rosa, the prospective son-in-law, also spoke. There were several persons present at the hearing ~ith some registering opposition to the .~,~11 size of the proposed lot and also to the added traffic on the street. There were others present who were not too concerned over the proposal but did not speak either in favor or against the petition. ~[r. Drr~wm~nd made a metiou to take the petition under advisement. Mr. Scott seconded the motion and the vote was 4. WALKER REALTY TRUST: Mr. Dr~.~nd read the legal notice in the appeal of Walker Realty Trust re~,-esting a Special Permit u~der Sec. 4.7 of the Zo~-g By-Law so as to perm4t the construction of six apartment buildings, to contain 12 units each, on the premises located at tha~ north side of Chickering Road; approx. 600 feet from the corner of Lund's Garden Center. Atty. John J. Willis represented the petitioner, who ~as also present. The principal points in his pleading were as follows: The six buildings proposed ~re a logical extension of the existing five building co,lex. The petitioner ,~intain the roadway to the proposed b~fildings as a private way and would not require to~n services other tb~_n the police and fire protection. There was a continuing need for apartments in the town and the proposed complex would serve to satisfy this need. It was also cited that the proposed buildings would he an asset to the Town in the for~ of increased tax revenues. Atty. Willis also stated that a strip of land, some forty-seven feet ~ide, which conceivably could have been used as a second entrance would be given equally to the two abutters of the strip. In addition a suitable screening fence would be erected along the rear property of the same two abutters, Mr. Chadwick and Mr. Harvey. Those abutters present at the meeting spoke in favor of the petition eit4~ other reasons that the area was a potential hazard to their property should a brush or grass fire occur. Mr. Lurid, speaking as a member of the town's Board of Assessors, stated that the complex would aid the teen's tax base. Mr. Shields made a motion to take the petition under advisement. Mr. O'Leary seconded the motion and the vote was un~4mous. 5. ROY R. FARR~ Mr. Deyo stepped down and gave the Chairmanship to Mr. 0'Leafy who sat on the original hearing. Associate Me,er Burke was also present to sit for this petition. Roy Fart and Atty. Stephen LoPiano met agA4~ ~ith the Board and a discussion was held as to the layout of the apar~aents and parking spaces and the division of the lots. They agreed to ~ake the changes as recommended by the Board ~re. 230 April 15~ 1968 - Con~. Mr. Drummond made a motion to table the petition ~mtil corrected plans are sub~itted. Mr. Burke seconded the motion and the vote was Revised plans will be submitted at the meeting of May 13, 1968. EARTH RE~0VAL PERMIT: 14e~:~i~ack Pay4-8 Corp. requested a renewal of their earth removal permit on land on Boxford Street. Mr. O'Leary made a motion to grant the renewal subject to the s~me conditions that applied on the original permit' Mr. Scott seconded the motion and the vote was unanimous. ELECTION OF OFFICERS: Mr. O'Leary made a motion that Mr. Deyo be Chair~*,. motion ,~.A,J~,,-~- ......... Mr. Shields seconded the Mr. O'Leary made a motion that the nominations be closed. Mr. Shields seconded the motion and the vote was unanimous. The Board then voted unanimously to elect Mr. Deyo as Chairman. Mr. D~-w, ond was appointed as Secretary. The Board then proceeded to discuss and vote on the petitions of the evening. 1. WILLI~AM F. BRENNAN, JR. ~tr. O'Leary made a motion to deny the petition. Mr. Shields seconded the motion. After considerable discussion, Mr. O'Leary withdrew his motion. Mr. Shields made a motion that the Board ~embers view the site, seconded by Mr. O'Leary and voted unani- mously. 2. JOHN P. SANGERMAN$: Mr. Shields made a motion to GRANT the variance. and the vote was unanimous. Mr. Scott seconded the motion The reasons for granting the variance are as follows: 1. To deny the petition would cause hardship, financial or Otherwise to the petitioner. 2. To the casual passer-by, there would be no readily discernible evidence of the variance. 3. Granting the petition will not deviate from the intent and purpose of the Zoning By-Laws. 3. JAMES GARON: Mr. OtLearymade a motion to grant the petition. There was no second to the motion. After discussion, Mr. Scott ~dea motion to defer action untiltheBoard was able to see the Assessor's maps to compare the lot sizes in the area. Also, any members that wished to do so could view the site. Mr. Shields seconded the motion and the vote was unanimous. April 15, 1965 - Cont. 231 4. WALKER REALTY TE~ST: Mr. D~,,~nd made a motion to GRANT the petition, subject %0 certain stipulations. Mr. Shields seconded the motion and the vote ~s una~3mous. The principal reasons for granting the special permit and special conditions to which this approval is subject are as follows: R~aeons: 1. Granting the special permit will not deviate from the intent and purpose of the Zoning ~y-Lawe. 2. The proposed apartments are well situated and as an extension of an existing complex will form a desireable area. Special conditions: 1. The right of way from the petitioner's land to Prescott Street shall be divided equ~ly and deeded to the two abutters, Mr. Chadwick and Mr. Harvey. 2. The roadway to the existing complex which will also service the proposed building shall be kept and w~_intained as a private way. The m-~ntenance sb.ll include plowing~ street lighting, rubbish and garbage collections and that the Town acceptance of the street shall not be sought. 3. There shall be a suitable screening fence erected on the property of the two abutters, Mr. Harvey end Mr. Chadwick. 4. That on the land area to which this special permit is 'concerned there will never be a petition to add additional apartment buildings. 5. It is to be understood also that the roadway, and in particular the circle at the end of the roadway, meet the approval of the Fire Department as to any requirements they feel necessary. The meeting adjourned at 9:30 P.M. JAD AD Chairman