ZB06-12-08

Source page 1

- 
 
 
 
 
Minutes of the meeting of June 12, 2008 
 
PRESENT: Paul B. Carroll, Chairman 
Gregory L. Pando 
 
 James Fitzgerald 
 
ALSO 
PRESENT: Charles Armando, Alternate Member 
Velma J. Coffey, Recording Secretary 
 
Chairman Carroll opened the meeting at 7:05pm in the Salah Hearing Room, Memorial Hall. 
 
Dr. Andrew Chase/Arch Realty – 800 Washington St – 32-08 SP (Sign) (PC,JF,GP) 
Dr. Chace was to appear before the Board for an update on his freestanding sign. He was told to 
go before the CCDRB for approval of his sign request, since his office is within the CCEOD 
overlay district. Dr. Chace did not appear at the hearing. It was suggested that since the person 
who schedules the CCDRB meetings was on vacation, he probably did not have an opportunity to 
meet with them yet. 
 
 
Alphia Hutchinson – 1851 Washington St( PC,GP,CA) 
. Chairman Carroll read a letter 
addressed to the Board, from Mrs. Hutchinson, regarding her neighbors at 1855 Washington St. 
Mrs. Hutchinson’s request to the Board was to “find out about the use of the apartment”. She 
also addressed an “unlawful” curb cut, of which she has photos. Mr. Wayez Ahmad, 2 
Wentworth Rd, stated that he is concerned with the safety of his children, as “he cannot always 
watch his kids”. The Nova’s have removed a fence. The Hill is being excavated and there is a 6ft 
drop off. Concerned with erosion and tree damage. He feels the adjacent fence with Hutchinson’s 
is compromised” and his view is degraded. He wants the town to enforce stabilizing the hillside. 
Mr. Nova was present and said there are no tenants in the accessory apartment. Chairman Carroll 
stated that unless there is proof of tenants, he will put this aside. He also read an email from the 
Building Commissioner to the Town Administrator stating that on 6/12, the Nova’s have applied 
for a permit to build a 4ft retaining wall. Chairman Carroll has experience with property line 
disputes, and asked Mrs. Hutchinson what survey she was relying on. This is a matter for land 
court, not the Zoning Board of Appeals. Chairman Carroll’s concern was the cliff, but that the 
Building Commissioner feels it is stabilized. He will monitor this. This is an enforcement issue 
between the Building Commissioner and The Board of Selectmen. There is nothing the Zoning 
Board can do. Mr. Pando stated that the issue of the curb cut is out of our (Zoning Board of 
Appeals) jurisdiction, possibly the Engineering Dept. Another issue in Mrs. Hutchinson’s letter 
stated the number of cars and activity at this location. Chairman Carroll stated that previously 
there were parking issues. Mr. Nova said there are only 2 cars there. “The neighbors fence is on 
my property”. He has had a survey, and their fence is on his property. Mrs. Hutchinson said on 
5/22/08 her land was surveyed and the fence is on her property. She also sent a letter to Mr. 
Trotta regarding the curb cut. She did not receive a copy of the building Commissioner’s email. 
Chairman Carroll said we have no jurisdiction over property lines or curb cuts. That is land 
court. Surveyors can differ. Mr. Pando said that if the vertical cut is steep, the excavator to use a 
4ft high temporary fence during construction to indicate danger. It can be rented, used for short