Loading...
HomeMy WebLinkAbout1969-02-18Tuesday - February 18, 1969 Regular Meeting & Hearings The BOARD OF APPEALS held their regular meetir~ on Tuesday evening, February 18, 1969 at 7:30 P.M. in the Town Office Building meeting room with the follo~ring members present and voting: James A. Deyo, Chairman; Daniel T. O'Leary, Arthur R. Drummond and J. Philip Arsenault, Esq. Donald J. Scott was unable to attend and there were no associate members present. There were 4 people present for the hearing. Since it was only a ~-manboard, the chairman explained that the petitioner had the right to hold the hearing or wait until 5 members could sit on the petition. The petitioner chose to be heard by the ~-manboard. 1. HEARIR13: Kaufman& Corzo. Mr. Drummond read the legal notice in the appeal of Ernest Kaufmanetuxand Sebastian Corzo et uxwho requested a variance under Sections 6.31 & 7.23 of the Zoning By=Law so as to permit the ratification of a transfer of a parcel of land containing 1,03~ square feet on the premises located at the north side of Main Street at the northwesterly corner of Main Street and Chickering Road. The petitioner was represented by Atty. Harold Morley, Jr. who was appearing in place of Atty. Charles W. Trombly, the attorney of record. He explained that the small strip of land had been sold to the easterly abutter so as to allow for the construction of a driveway. The land strip, 1,03~ square feet, in itself was not particularly significant except that the lot from whence it came was zoned General Business and the lot to which it was sold and attached is Residential. There is to be no physical c~ange made as a result of the variance should it he granted. The principal reason for the variance request is to clarify the title to the land so that subsequent sales or transfers of either lot would not be jeopardized by questionable title. Mr. Minicucci and Mr. CorZo were present. Mr. Minicucci's house is not shown on the plans. The Board requested that the plans show the placement of the Minicucci home in relation to the area involved. There was no opposition to the petition. Mr. Drummond made a motion to take the petition under advisement; Mr. O'Leary seconded the motion and the vote was unani- mous. 2. HEARING: Noren Realty, Inc. Mr. Drummond read the legal notice in the appeal of Noren Realty, Inc. who requested a special permit under Section 5.1 & 5.2 of the Zoning By-Law so as to permit the removal of approximately 50,000 cubic yards of excess material so that this site maybe made usable for construction on the premises located at the south side of Holt Road. The Building Inspector's letter of refusal was also read. Mr. S. G. Marino, president of Noren Realty, Inc., represented the applicant, who stated that he had prospective purchasers for the property but there is a high ledge that has to be removed and levelled. This is in an industrial area. A total of approx. 67,000 yards would be removed and the material would be arranged so that there would be no washout. They will post a $10,OOObond. He said there are a number of small companies interested in the land when it is levelled and that the February 18, 1969 - cont. area would be enchanced. They will stockpile the loam and do whatever is feasible. Mr. Drummond said the town could use some fill for the town yard. There was no opposition to the petition. Mr. Drummond made a motion to take the petition under advisement; Mr. O'Leary seconded the motion and the vote was unani- mous. The drawing of the proposed excavation showed six lots of about an acre each that were to be graded and developed on the south side of Holt Road beginning about 80 feet east of Clark Road. LEGAULT PETITION: The Board ¢~scussed and voted on the Legault petition. Mr. O'Leary made a motion to GRANT the variance; Mr. Drummond seconded the motion and the vote was unanimous - & votes. Mr. Scott was not present to VOte. 1. Granting the variance would not deviate from the intent and purpose of the Zoning By-Laws. 2. Denial of the variance would cause hardship, financial or otherwise, to the applicant. 3. The proposed expansion is in keepingwith land uses in the ~mmediate area and will not be detrimental to the adjacent properties. KAUFMAN& CORZOPETITION: The Board discussed and voted on the petition. Mr. O'Learymade a motion to GRANT the variance; Mr. Drummond seconded the motion and the vote was unanimous. The board found that changes to the wording of the Zoning By-Laws so as to note the change in use of the land would be unfeasible and probably unnecessary as conditions on the variance would be sufficient. The reasons are as follows: 1. Denial of the petition would cause hardship, financial or otherwise, to the petitioner in denying him clear title to his property. 2. There would be no visible effects on granting the variance. 3. Granting the variance would not deviate from the intent end purpose of the Zoning By-Laws. &. It is understood that the strip of land conveyed will not be considered usable for General Business even though it is so recorded in the Zoning By-Laws. The condition of this approval is that the strip of land conveyed shall be used in the same manner as the lot to which it is attached, who at the present writing is Rita L. Minicucci. ~ORENREALTY, INC. The board discussed the petition for earth removal and decided to talk further with Mr. Marino relative to meeting with the Highway Dept. and Board of Public Works to see if the town could use some of the earth materials. The meeting adjourned at 9:30 P.M. (James A. Deyo) (Anna Donahue) Chairman Clerk