HomeMy WebLinkAbout1956-12-10142
December 10, 1956
a minimum distance of the lot line. and it was intended to be an article of reLzoning.
Mr. Thomson took the floor and stated, you are all familiar with What. hms occurred in a
similar situation in the community (Red Schoolhouse incident) without the preliminary
courtesy of an application to the Board for the variance which does not justify the erection
of another structure, and one who is attempting to com~ ly with the Zoning By-law simply to
attain in a legal m-nner what was attained by someone else in a different matter and yet is
the loser in the situati6n. I don't quarrel with your qualifications, b~t I do think in
reading under General Provisions it might in this case with the other situation mentioned,
you might consider this an exceptional case. He also stated so far as he has observed
the petitioner's request for additional restaurantal use would not be injurious to the neigh-
borhood.
He went on further to say that the Board might take jurisdiction on this ease not by the
act of the applicant but due to circ~nstances beyond their control. He said by following
the wording in the By-law it would give the Board the opportu~qty to grant a special permit
which wottld probably run from year to year. He said, however, it is the intention of the
petitioner to purchase an additional 30' of land from the City of Lawrence. He stated
that in the purchase of this land the air port, Federal Government and City of Lawrence is
involved, and that is the reason why the petitioner is slowed up on purchasing the property.
Mr. Thomson went on to say under Section 5E unusual circumstance relating to this case, and
if the Board could consider this an unusual case he is reasonable sure that witb~= the time
limitation of one year, if anyone is opposed, the petitioner would get title to the 30t of
land. He added if the Board thaught it would be injurious to the neighborhood as a whole to
extend this a non-conforming use. Within a period of time, under the new zoning law
this paticualar parcel is zoned for business, and we expect the transfer of the 30t strip
in the back.
A question regarding the distance of the septic tank was raised, and Mr. Konstandin illustrated
on the m~p the location of the ta~k from the bttilding is ~6~. The tank is 12' do~m.
Mr. Boeglin made a motion that the matter be taken under advisement, Mr. Nicetta seconded this
motion.
At the beginning of the meeting, the Chairm-n designated Associate Member OtLeary to sit in.
The Board reviewed Sectinn 5E.
Mr. Nicetta made a motion, seconded by Mr. 0tLeary that a renewal be granted for the
Sheltering ar-.s Nursing Home.
Mr. Boeglin made a motion to adjourn, Mr. O'Leary seconded the motion. It was adjourned at
10:00 p. m.
Chairman
Clerk