HomeMy WebLinkAbout1954-07-29Jaly 26, 1954 - 0°nt.
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on the property in question has been placed within 50 feet of the sidel*ues
bordering on a residence district in violation of Article VII of the
By-Law which requires that no portion of the front or side 11uas of a public
garage, automobile repair shop, greasing station, storage battery service
station, or gasoline filling station, sh~ hereafter be placed within
feet of any residence district. At the t~me of the adoption of the By-La~
in 1943, the Tow~. Meeting apparently determined that 50 feet 'was a safe and
reasonable distance ~t ~hich the buildings set forth above should be set
apart from a residence district. Since the Town Meeting determined such a
distance to be necessary for safety reasons, although it ~_~y be argued that
a lesser distance may be satisfactory in this particuler ease, we do net
feel that the Board should substitute its judgment in this respect for that
of the To~ Meeting, although it may have the po~er to do so.
3. At the he,ring, the appellant 'argued that it would be put to great
financial loss if it were not allowed to construct the gasoline service
station in question. However, it has been held by the Supreme Judicial
Court of Massachusetts; "The financial situation er pecuniary hardship of
a single owner affords no adequate ground for putting forth ~kis extraordinary
power affecting other property o~ers as well as the public." P~411~ps v.
Board of Appeals, 286 Mass. 469.
4. The appellant argued at the he,ring that the granting of the building
permit was the result of a matual mistake of fact on the part of the appellant
and the building inspector. However, the Board is of the opinion that such a
mistake was not one of fact but a mistake of law. There was no showing at
the hearing that the Zoning L~ws was not available to the appellant at the
time of application for the buil~iug permit. Although the appellant evidently
relied upon the permit granted by the building inspector~ we are of the
opinion that the appellant was still required to take some precaution to
safeguard itself and could not rely entirely upon the permit of the building
inspector.
The meeting was adjourned at 10:20 P.M.
Signed ....
.. .SeCretary
Signed ...... Clerk
july 1954
At au adjourned meeting held on July 29, 1954 at 7:30 P.M., it was voted
to den~ the petition of Louise M. Campbell on the grounds that the Board
finds that the Petitioner has ample space on her lot for construction of
the garage in compliance with the requirements of the Zoning By-La~.
The motion to deny the petition was made by Mr. Nicetta, seconded by ~r.
Alvino and it was unanimously voted. The following members voting were
Richard G. U~ipple, Chairman~ Andrew E. Alvfno~ Secret~ry, Nicholas F.
Nicetta, Donald F. Smith, Associate ~ember and Benedict Pe~u~one, Associate
Member.
Signed ....... Secretary
Signed ~. ,'...Clerk