Transcription

1 Minutes pertaining to the Board of Appeal Meeting held on Wednesday, DECEMBER 17, 2014 in the Maurice Buck Auditorium, Town Hall, 365 Boston Road, Billerica, MA. Members Present: Richard A. Colantuoni, Chairman; Doris M. Pearson, Vice-Chairman, Ellen Sargent, Secretary; Joseph P. Shaw, James E. Foye and Salvatore A. Dampolo, Alternate Members. Chairman Richard A. Colantuoni opened the Board of Appeal meeting at 7:00 P.M. Chairman Colantuoni read the notice of each petition prior to its hearing and swore in those wishing to speak on each petition. HEARING #1 WALTER J. FITZGETRALD, JR. AND JEANNE FITZGERALD LOCUS: 4 SUMAC STREET (PLATE 24 PARCEL 180-1) Walter and Jeanne Fitzgerald appeared before the Board of Appeal requesting a VARIANCE pursuant to Sections 7.D (Yards) and 7.L (Dimensional Table) of the Zoning By-law to build a roof over the front stairway of their home in a Rural Residence Zone. They would like to build the roof over their front stairway to allow a safe entry to their home and to protect the entranceway from snow, ice and rain during inclement weather. In order to build the roof over the front stairway, the Variance is required. Mr. Dampolo said it seems like a sensible plan especially during our winters. Mr. Shaw said this is not on a corner lot. Mr. Fitzgerald said no it is not. Doris M. Pearson made a motion to close the hearing, second by Ellen Sargent. All in Doris M. Pearson made a motion to Grant the petitioners a Variance pursuant to the legal ad, plan submitted and testimony given, second by Ellen Sargent. All in favor. Motion granted.

2 2 HEARING #2 JOSEPH J. AND VICTORIA M. MAHONEY AND DANNI B. AND TAMMI S. GOMES LOCUS: 4 HART WAY (PLATE 40 PARCEL 89) The petitioners, appeared before the Board of Appeal requesting a SPECIAL PERMIT pursuant to Section 5.C.1.i.(2)(c) (In-law Apartments) of the Zoning By-law to allow an existing in-law apartment in their house located in a Village Residence Zone. When they went to the DPW to obtain additional rubbish and recycle carts, they were informed they needed a copy of their Board of Appeal Special Permit decision. They have lived there for over ten years and were never informed the Board of Appeal approval was required. The in-law apartment does not exceed the 800 square foot requirement. There is sufficient space for the additional residential vehicles in their existing driveway. Mr. Colantuoni asked, if they live in the in-law apartment. Mrs. Mahoney explained that co-owners Danny and Tammi (their daughter) Gomes and their family live in the in-law upper portion of their split level house. We live in lower portion of their split level house. Mrs. Pearson asked, what is the square footage of the in-law apartment? Mr. Shaw responded 692 square feet. Doris M. Pearson made a motion to close the hearing, second by Ellen Sargent. All in Joseph P. Shaw made a motion to Grant the petitioners a Special Permit pursuant to the legal ad, plan submitted and testimony given, second by James E. Foye. All in favor. HEARING #3 JOHN M. MUNROE AND JANICE A. MUNROE LOCUS: 15 RIVERSIDE ROAD (PLATE 98 PARCEL 250) John and Janice Munroe appeared before the Board of Appeal requesting a SPECIAL PERMIT Sections 5.C.1.i.(2)(c) (In-law Apartments) and 10.C (Determination) of the Zoning By-law to build an in-law apartment addition onto their house located in a Rural Residence Zone. John and Janice live in the existing house that Janice grew up in. She would like to build the in-law apartment for her elderly aunt. The in-law apartment will not exceed the 800 square foot requirement. There is sufficient space for the additional residential vehicles in their existing driveway. Mr. Colantuoni asked, if they are building the in-law apartment to the back of the house? Mrs. Munroe said yes.

3 3 Munroe cont d: Mr. Colantuoni asked, what is the square footage of the in-law apartment Mr. Shaw responded 759 square feet. Joseph P. Shaw made a motion to close the hearing, second by James E. Foye. All in favor. Doris M. Pearson made a motion to Grant the petitioners a Special Permit pursuant to the HEARING #4 CRAIG AND LAURA HALL LOCUS: 22 JEF ROAD (PLATE 98 PARCEL 176) Craig and Laura Hall appeared before the Board of Appeal requesting a Special Permit pursuant to Section 5.C.1.i.(2)(c) (In-law Apartments) of the Zoning By-law to build an inlaw apartment addition onto their house located in a Rural Residence Zone. Craig and Laura Hall and their family live in the existing house. Craig s mother will live in the in-law apartment. The in-law apartment will not exceed the 800 square foot requirement. There is sufficient space for the additional residential vehicles in their existing driveway. Mrs. Pearson asked, what is the size of the in-law apartment? Mr. Shaw, our official square foot measurer, responded 766 square feet. Joseph P. Shaw made a motion to close the hearing, second by James E. Foye. All in favor. James E. Foye made a motion to Grant the petitioners a pursuant to the legal ad, plan submitted and testimony given, second by Joseph P. Shaw. All in HEARING #5 LOCUS: LEE ANN MCISAAC TRUSTEE OF LEE ANN REALTY TRUST TOPLIFF STREET AND KENILWORTH STREET (PLATE 82 PARCEL Attorney James T. Dangora, Sr., representing the petitioner, appeared before the Board of Appeal requesting a VARIANCE pursuant to Sections 7.B.4 (Reduction of Lot Size), 7.D (Yard Space) and 7.L (Dimensional Table) of the Zoning By-law or any limitation, extension, change, alteration or modification of use, or method of use as may at hearing appear necessary or proper in the premises to allow the petitioner to divide her land and to otherwise make the lots conforming in all respects in a Rural Residence Zone.

4 4 McIsaac cont d: Lee Ann McIsaac has lived on this large of parcel of land with her family for 30 years. Currently, she has Lupus and is asking to divide her land, as it is getting difficult to maintain her property. She proposes to divide her land into two lots; each lot being comparable to other lots in the neighborhood. In order to divide her land into Lot A and Lot B, the Variance is required. Attorney Dangora presented a letter from many of her abutters/friends, who wish for Lee Ann to remain in her neighborhood. Mrs. Pearson said you make a good case for this Variance. All the lots are similar to the proposed lots in that area. She has no problem with this request. Mrs. Sargent said she is lucky to live in such a nice and caring neighborhood. Mr. Dampolo said this is incredible response from her caring neighbors and friends. If your neighbors are happy then I am happy for you. Robert Roy, 6 MacGinnis Way said he was here recently for a Variance and the board was very kind and helpful to us. He lives close to Lee Ann and is in full support of her request. Salvatore A. Dampolo made a motion to close the hearing, second by Ellen Sargent. All in Salvatore A. Dampolo made a motion to Grant the petitioners a Variance pursuant to the OTHER BUSINESS - BOARD OF APPEAL MEETING - DECEMBER 17, 2014 HEARING: VIPULBHAI P. SHAH AND NINABEN V. SHAH ADDRESS: 21 OLNEY STREET (PLATE 92 PARCEL 20-1) Vipulbhai and Ninaben Shah appeared before the Board of Appeal for a SPECIAL PERMIT pursuant to Sections 5.C.1.i.(2)(c) (In-law Apartments) and 5.F (Use Table) of the Zoning By-law to allow the petitioners to maintain an existing in-law apartment addition onto their existing house located in a Rural Residence Zone. They recently purchased their home with the existing in-law apartment. The petitioners and their family live in the main house. A family member lives in the in-law apartment. The in-law apartment does not exceed the 800 square foot requirement. There is sufficient space for the additional residential vehicles in their existing driveway. Mr. Colantuoni asked, if anything has changed from the previous Special Permit request? Mr. Shah said everything is the same.

5 5 Shah cont d: Mr. Pearson asked, who lives in the in-law apartment? Mr. Shah said their daughter lives in the in-law apartment. Ellen Sargent commended the petitioners for helping out their family with the in-law apartment use. Doris M. Pearson made a motion to close the hearing, second by Ellen Sargent. All in favor. Doris M. Pearson made a motion to Grant the petitioners a Special Permit pursuant to the HEARING: BCB REALTY, LLC BY STEPHEN A. NELSON, ESQ SHEA, DANGORA & NELSON, BILLERICA, MA LOCUS: 34 FRENCH STREET (PLATE 78 PARCEL 17) Attorney Stephen A. Nelson, representing the petitioner, appeared before the Board of Appeal requesting a VARIANCE pursuant to Sections 7.D (Frontage) and 7.L (Dimensional Table) of the Zoning By-law to allow the petitioner to divide its land into three lots as set forth on the plan and to otherwise make the lots conforming in all respects in a Neighborhood Residence Zone. He asked for the hearing to be continued, as there changes being made to the original plan. Doris M. Pearson made a motion to continue the hearing to January 21, 2015 at 6:50 P.M., second by Ellen Sargent. All in James E. Foye made a motion to accept the minutes of the Board of Appeal meeting on November 19, 2014, second by Ellen Sargent. All in Joseph P. Shaw made a motion to adjourn the December 17, 2014 Board of Appeal meeting at 10:17 P.M., second by Doris M. Pearson. All in Next Meeting: January 21, 2015 Respectfully submitted, Ellen Sargent, Secretary MERRY CHRISTMAS AND HAPPY NEW YEAR TO ALL!