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HomeMy WebLinkAbout1962-08-13Monday- August 13, 1962 Regular Meeting & Hearings The Board of Appeals held their regular meeting on Monday evening, August 13, 1962 at 7:30 P.M. in the Town Building. The followin~ members were present and voting: Daniel T. OtLeary, ~airman; Harold Morley, Secretary; Henry E. Lurid, Howard Gilman and Associate Member Arthur Dm....~ond ~bo sat in place of Robert J. Burke. 1. H~G: John and Keidi Indelas. ?:30 P.M. Mr. Morley read the legal notice in the appeal of John & Keidi Zndelas requesting a variation of Sec. 6 & 7, Para. 6.32 & 7.21 of the Zoning By-Law so as to permit the subdivision of an existing lot of 32,820 sq. ft. into two lots - one of 10,200 s~. ft. with a frontage of 100 feet; and one of 22,620 sq. ft. with a frontage of 200 ft. on the premises, located at LI Rosedale Ave. Atty. C~arles Trembly represented the petittone~. Mr. Indelas and his step-son, Mr. Stankatis, were also present. Atty. Trembly presented the plans to the Board and explained that the land bounds the Franklin School area at the end of Hewett Ave. The petitioner w~uld like to sub-divide the lot so that his step-son, Mr. Stankatis, can build a home. There would be no variance needed on the sidelines. These are good sized lots, even though the area is zoned for 25,000 sq. ft. There is now sewerage in that area. There were no abutters present and there was no opposition. Mr. Morley made a motion to take the petition under advisement, seconded by Mr. Lurid and voted unanimously. The Board had a general discussion about the need of re-zoning in the areas mbere there is sewerage. The Planning Board had originally planned to re-zone areas as sewerage was installed, but nothing has been done as yet to take care of this. .2. ~G: Jack~Rroadhead. 7:45..P.M. Secretary Morley r~ad the legal not'ce in the appeal of Jack Broadhead, et u~, requesting a variation of Sec. 6, Para. 6.32 of the Zoning By-Law so as to permit the subdivision of a lot of 237 ft. frontage into two lots; one to be 120 feet frontage, the other lot of 117 feet frontage as is with existing buildings thereon, on the pr~,~ses, located at 66 Longwoed Avenue. Mr. & Mrs. Broadhead and son were present. Mrs. Broadhead showed the plans to the Board and explained that if the Board approves the subdivision of the lots, their son will build a home there. Most of the lots on Longwood Ave. ere cvz,~crable in size to ~hat this lot will be and there is now sewerage there. The area is zoned for C~mntry Residence. There were no abutters present and there was no opposition. Mr. Morley made a motion to take the petition ~nder advisement, seoonded by Mr. Imnd and voted unanimously. Mr. Morley spoke to the Board about the nev~ "conz~lict of interests" law, in ~hich a person cannot serve on an unpaid Board if he has any official business with the Town. However, this would not be effective until next May. 3..H.EA~.~.G: Richard C. Hamel. ~:00 P.M. Secretary Morley 9ead the legal notice in the appeal of Richard C. Hamel, requesting a variation of Sec. 7, Para. 7.23 of the Zoning By~Law so as to pez~i.~t the erection of a garage on the premises, located at 21 Perry Street. Mr. Hamel was present and sho~ed his plans to the Board. He explained that the garage w~auld be eleven feet from the sideline of his lot. He stated that aLI of his neighbors were in favor of the garage and that it would be an improvement to the~ august 13, 1962 - Cont. property. There ~er. no abutters present and there was no opposition. Mr. Morley made a motion to take the petition under ad?isement, seconded by Mr. Lurid and voted unanimously. 4. Oeer e ,Farkas. ~6'cretary ~6rley read the legal notice in the appeal of George Farkas, requesting a Special Pe~-~.~t under Para. 4.41 cf the Zoning By-Law so as to p~-t,At the sale of used cars as an accessory use to the present Automobile Service and FAlling Station on the premises, located at 1615 Osgood S~reet. Atty. Ralph E. Finck rep-~-esented the petitioner. ~.Mr. Farkas and Mr. Benson were also present. Atty. Ftnck explained that ~hen he u-ms a member of the Board of Selectmen, the petitioner requested a permit to operate a gas station last fall, not an outdoor display ~.~ard. The notice was published in the newspaper and a hearing was held. There was no objection at the besting and his license was renewed. On April 6, 1962, the Planning Board thought there was a question as to whether or not this license was valid under the Zoning By-Law. Atty. Finck went before the new Board of Selectmen mud went before the Town Counsel, who suggested he appear before the Board of Appeals for a special permit. The sale of used cars is a pertinent part of a gas filling sts. tion and it w~uld not derogate from the intent of the Zoning By-Law. The plan of locust is previous to the adoption of the By-Law in 1956. He could provide the plans if the Board so requested. Mr. Lurid asked if there was any outside display at present. Mr. Benson s~d there is a two-stall garage. He had originally planned to conform to the b~-laws and would be willing to construct a building if they need a building to conform to the b2~laws. There is quite an investment there now. ~ere is enough room and could build if they knew where they stood, although they would rather not. Mr. O~Leary stated that any decision the Board gives is for the land and has nothing to do with the license. Mr. Gilman asked to see the letter that was sent to the Selectmen by the Planning Board, and stated that this was the first he knew of such a letter. The Planning Board minutes showed that such a letter would be sent. Mr. Benson and Mr. Farkas explained that they have about twelve cars on display now and have room for about 26, the limit. There is plenty of room in back of the building for about 60 cars. The building is 30 feet back from the street line there are trees and shrubbery around the lot. There were no abutters present and there was no opposition. Mr. Morley made a motion to take the petition under advisement, seconded by Mr. Lurid and voted unanimously. FARR GARDEN APARTMENTS: Mr. 'O'~ear~ read replies to the letters sent out by the Board to the Board of Public W~-ks, Highway Dept., Fire Dept.; Board of Health, Building Inspector and Planning Board. The Board discussed the requirements of the various Boards. Mr. Morley made a motion to GRANT T~E SPECIAL pE~IT subject to the following conditions: Mr. $ilman seconded the motion and the vote was unanimous. 1. The petitioner mast file a $33,000 Perfo~.mance Bond to insnre proper sewer and water installation. 2. Sewer and water to be in accordance with the regu_l~_ ~tions of the Board of Public l~erks. ~711 legal rights to the easement sh~zld be secured. August 13, 1962 - Cont. 3. The Fire Dept. requires the installation of two hydrants and 8" water mains, as set forth on the plan. 4. Rbadr~q.'~be'~dil~/~ic~ord/~c~./zlth~h~ Rules and Regv_lations of the Planning Board. This Special Permit is granted for the following reasons: 1. There emist certain conditions, especially affecting the parcel in question, ~hich do not generally affect the entire zoning district in ~hich the parcel is located. 2. Unless the Special Permit is granted, the applicant will suffer substantial hardship, fEnancial or otherwise. 3. The requested Special Permit ~!1 not adversely affect the public good. 4. The requested Special Permit will not be in ~ubstantial derogation from the intent or purpose of the Zoning B~-Law. The Board then proceeded to discuss each petition of the eveningl$ hearings and vote on each as follows: 1. John & Keidi Indelas, 11 Rosedale Ave. _~r. Gilman made a motion to GRANT the variance. ~. Lurid seconded the motion and the vote w~s unanimous. The variance is granted for the following reasons: 1. There exist certain conditions especially affecting the parcel in question, -~hich do not generally affect the entire zoning district in ~hich the parcel is located. 2. Unless the variance is granted, the applicant will suffer substantial hard- ship, financial or otherwise. 3. The requested variance will not adversely affect the public good. 4. The requested variance will not be in substantial derogation from the intent or purpose of the ~zonlng b~law. 2. Jack B~oadhead, 66 L_~_=~wood Ave. Mr. Morley made a motion to GP~NT THE VARIANCE. Mr. Lurid seconded the motion and the vote was unanimous. The variance is granted for the followl~ reasons: The reasons listed are the same as for the Indelas petition. 3. Riahard C. H~el, 21 Perry Street. Mr. Gilman made a motion to G~ANT THE VARIANCE. Mr. Lund seconded the.motiou and the vote was unanimous. The variance is granted for the same reasons as listed for the Ludelas and Broadhead petitions. 4. George Farkas, 1615 Osgood Street. Mr. Lurid said that other Boards have had trouble with this man and there should be restrictions set, should have set-back requirements. Mr. G~_lman made a motion to GRANT THE SPECIAL PEri, IT to ~11 ow the outdoor sale of used cars as an accessory use to an existing filling station, with the condition that no cars be parked, for sale, within 25 feet from the street side line. Mr. Morley seconded the motion and the vote was unanimous. The Special Permit is August l~, 176~ - Cont. granted for the same reasons as listed for the other petitions. The Board signed the following bi !'~: Anna ~nahue Boynton Press meeting adjourned at lO:O0 P.M~ /~: Chairman Clerk