ZONING BOARD OF APPEALS

Minutes from January 13, 2004

 

Members present:

Charles Mabardy, George Rioux, William Spinney, Kendra Pike-Osgood, Lisa Lane

 

7:22pm Hearing began

 

#03-184 Abraham Scholsberg, 12 Pike Street – property located at same address for a petition for a Special Permit for an accessory apartment.

Continued until the Board can talk to the Building Inspector and retrieve more information. 

Motion by C. Mabardy to continue until meeting on February 10, 2004.

2nd by W. Spinney-unanimous.

 

#03-185 Ernest Sofia, 78 Railroad Avenue – property located at same address for a petition for a Finding to enclose 14’x14’ area on existing deck (3 Season porch).

A Certified Plot plan is needed to show where the building & deck are located. 

Motion by K. Pike-Osgood to continue at next scheduled meeting on January 27, 2004 at which time the petitioner must produce a Certified Plot Plan for the Board.

2nd by L.L.- unanimous.

 

#03-186 Janet Miller, 24 Hayes Street – property located at same address for a petition for a Finding to replace an existing Mobile Home with new Mobile Home 2’ wider.

No abutters present.  Not more detrimental to the neighborhood. 

Motion by L. Lane to approve – 2nd by K. Pike Osgood-unanimous.

 

#03-187 Lew Nichols, 110 Elm Street – property located at same address for a petition for a Finding/Special Permit for boat storage and increased living space. 

Mr. Nichols would like to increase boat storage from 20’ to 30’. 

1st Abutter (5 Viclyn Dr.) has issues with fuel storage possibly leaking into the ground.  Also, concerned with esthetics.  Commented that the area use to be more “wooded”.  The Board suggests that the petitioner put up a 6 Ft. privacy fence and plant trees to serve as a buffer.  The Board also states that the business hours must be restricted.

2nd Abutter (114 Elm St.) has flooding issues.  Believes that her basement is being flooded due to activities of petitioner.  Abutter claims that the Conservation Committee was going to send a cease & desist letter.  (To date, later not received by Board.)  Board will wait for letter from Conservation Committee. 

Motion by K. Pike-Osgood to continue at meeting on February 10, 2004. 

2nd by L. Lane – unanimous.

 

#03-188 Lisa & Jack Van Dyke, 25 Gardner Street – property located at same address for a petition for a Finding to construct a 20’x20’ addition. 

Motion by K. Pike-Osgood to accept as written.  2nd by L. Lane – unanimous.

 

03-189 Herbert & Dayna Cummings, 388 North End Blvd. – property located at same address for a petition for a Special Permit to confirm existing Accessory Apartment is a lawful “Accessory Apartment Dwelling” under the Table of Use Regulations. 

Attorney Peter Lawler present to represent petitioner.  Attorney Lawler states that there are no modifications being made to the building.  Also stated that the property was used as a two-family as far back as the Town records show.  There are 2 separate meters for the property and it exists as a two-family.   Petitioner wants this confirmation for Insurance purposes.  

Abutter (393 North End Blvd.) has no objections.  Claims that the property is well maintained and has not experienced any problems related to 388 No. End Blvd. 

 

A motion was made to change the Special Permit to a Finding as re-advertise as two-family.   Board was not in agreement.  

Motion by K. Pike-Osgood to withdraw without prejudice.  2nd by W. Spinney – unanimous.

 

03-190 Vertical Building & Dev. Assoc., LLC, 21 Atlantic Avenue, property located at same address for a petition for a Variance to demolish existing structures and construct one 40’x85’ multi-family dwelling. 

Petitioner is before board due to expiration of Variance.  (Petitioner must register decision at Registry of Deeds within one year.) 

 

Requests from abutters:

            Air-conditioners not be placed too close to bedrooms.

            Nothing noisy be placed on roof.

            Requests copy of rules & by-laws relating to Condos.

 

Note:  W. Spinney objected to issue of Special Permit the last time petitioner was before the Board.  His reasons for denial in the past were as follows: building too large for lot, inadequate parking available, inadequate access to parking.  It is his opinion that this project does not fit the property. 

 

Motion by K. Pike-Osgood to accept with stipulation that petitioner meet requests of the abutters as stated in minutes.  Vote 4-1, motion carries.  Let the record show that W. Spinney objects.

 

03-191 John Iannazzo, 111 Atlantic Avenue, property located at same address for a petition for a Special Permit for the addition of a third floor over existing footprint and renovation of interior.  No objections from abutters. 

Motion by K. Pike-Osgood to approve.  2nd by L. Lane- unanimous.

 

Meeting adjourned:  8:50pm