HomeMy WebLinkAbout023-78
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Minutes of a Board of Appeals meeting, October 2, 1978. Pre-
sent were members Holmes, Bartsch, and Hyde.
petition of Everett Lamb, 022-78: The
presented at the meeting of Sep-
airman as to
After due
Board
The use
location wi
properties 0
itioner could be conducted
lessening of the value
sparse residential development
and
and
if utilizing Bartlett Road as an access
esent no hazard to the school zone
and
Upon motion Hyde d seconded by Member Bartsch, it
was unanimously oted that the pet"tion be granted subject to the
following res ictions:
Therefore, the special permit is conditionally
~~
from view from Surfs ide
trees, including the
may be required;
an 100' from SurfsidE
T at the proposed use be shie
intaining existing plantings a
ent of such plantings and trees as
That no building be placed closer
, and,
3. That the only means of access and
e and premises be from Bartlett Road.
proposec
In the matter of the petition of Richard Coffin, 023-78: Tl
Board reviewed the minutes of the meeting of September 19, 1978
and after due deliberation found:
1. The hardship evidenced by the petitioner in the fact of
his delay in receiving subdivision approval is real and unique;
2. The relief requested can be granted without any detrime:
to the general neighborhood and area and is in accord with lot
sizes in the area of Tom Nevers subdivision.
On motion made by Member Hyde and seconded by Member Bartsc
it was unanimously voted to grant the variance.
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determine whether he has a valid two-lot subdivision and seek re-
lief in the form of a variance.
The petitioner requests a variance to place his lots in a
known situation and to establish that they are, in fact, two separ
ate lots.
There was no opposition to the request.
The Board advised Mr. Coffin that it would take the matter un
der consideration.
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In the matter of the petition of Harvey L. Pasten, Trustee,
025-78: Attorney Richard Glidden representing the petitioner ad-
dressed the Board. Mr. Glidden stated that the petitioners were
owners of a parcel of land at Dionis and being Lot 19, L. C. Plan
No. 3887-S. The petitioners originally applied for permits for
the construction of two single family dwelling units on the lot as
allowed by the by-law in existence at the time of the application.
The delay that followed was due to a replacement of Building In-
spectors and a confusion as to the meaning of the code. At the
time of the original application, it was permitted that two single
family units be established on a single site, subject only to
other reasonable dimensional requirements. In the time between
the original application and this new application, the zoning by-
laws was amended to provide that two single family units may be
maintained on a lot subject to the placement of one unit being 20'
behind, or in front of, the main unit's building line.
In this case such a placement would mean that, due to the
topographic features of the lot, the second unit would be down
hill from the ocean front and cliff and that the second unit would
have no view. The difference in topographic placement is such tha
the second unit would be 10' below grade from the primary unit.
Mr. Glidden presented a plan of elevations of the locus and
calculated the line of sight from the various locations of the
units. Mr. Glidden also presented renderings of the proposed
housing units as approved by the HDC.
It is not possible to excavate the bank to alleviate the
situation since the Conservation Commission would prohibit the al-
teration.
Mr. Clarence Pierce spoke in favor of the proposed plan.
Attorney Michael Driscoll appeared in opposition stating that
he represented Mr. Boyd, an abutter. Mr. Driscoll stated that the
zoning code should be observed and that the petitioner had shown
no financial hardship.
There followed a general question and answer period while the
Board attempted to extract details from the plans offered by Mr.
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Case No. 0"(,,'$ - -, V,
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"APPLICATION TO THE BOARD OF. APPEAls' ..' ~:'iH:.='
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',1('0 the Members of the Board of Appeals:
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The 'undersigned hereby applies' for relief from the terms ortha,
~ZOWIN(1,Bq-LAW~(BUILDING CODE) on prope:\;'ty o'ilocritbdd belcw~
, 'LQcatio~~f PropeMy ~'l'r\ \\ E\J ~~'h, ;;'~."."",i .' ..' ,
L~' NO,;' '"1.l'-l . (5), 't) 2P1a.. NO.: S-08,-\-qO~(3)
'l)istrict la Zoned for \......~ ~ ~ ," ' ).~
f..fype of structure (Existing or Proposed) or proposed use:
owner'.N.meJ~~;JGJ~'
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\rrtlen d~~YOU acquire this property? \ ~ l"- " ,.'
'.Haaal?Pllcation been rued at. Building bepartment? .V\X::r~, :,~,~,: <'
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"f1as l3.uy' PfeviouB appeal been made? ..' V'vO' .~; . ',;\J,'\>>' ......, ",;;' , ;;,
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. ,*~;~;';fj3Y-I.W ~r 6.d~ from whlchrelief is ;"queale~,t:~>~._C<
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~e~'~ong(ll" ~kingl!'elief: . . oJ.~?~IY.1'
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, Signature of apPlic~t~~(/'~ .
U) A list oi the names and addresses of €ach&butUng owner and ,
owner abutting the abutters.
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(2) Check in the amount of $50.00 made payable to the '!'c)\vJ1of
Nant1.u:lwt,
(3) Map or plan showing the loc~tion of the property to be", '
,.considered, ',&,f; ,;:-' <, '
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(4) If the applicant 18 other thantheownell,'., pleaaElbJ.dicateyoul:',,'
authority to make this application.'",. "
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Applica.tion submitted to Board
;.Adve. rti~ing dates...Vtl- 7?~! 7-:~/'-7;;-~
Hearing date_t}-t9-J K
Decision of Board
)J)ed;;Jion filod with the Towii"Clerk-- --.
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BOARD'S DECISION'
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