Canton, Massachusetts · Saved source text
ZB03-26-09
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Source page 1
Minu tes of the meeting of March 26, 2009 PRESENT: Paul B. Carroll, Chairman James F. Fitzgerald, Jr. Gregory L. Pando And Alternate Member, Charles “Chuck” Armando ALSO PRESENT: Velma J. Coffey, Admin. Asst./Recording Secretary Chairman Ca rroll opened the meeting at 7:03 pm in the Salah Hearing Room, Memorial Hall. Chairman Carroll read the agenda, indicating t he list of continuing hearings: DPW Water Treatment Facility-4/16/09 Mass Property-4/30/09 McNeice Realty Trust – 4/30/09 BMG Enterprises-HOLD FOR SECOND CALL 265 Mechanic St Trust – HOLD FOR SECOND CALL INFORMAL HEARINGS Canton Lions Club – Joe DeFelice spoke before the Board. The Lions hold a pancake th breakfast every year. This year it will be held on April 5 at the High School. They will have the sign set up and taken down by a professional company, and used every year. Chairman Carroll suggested they use the Performing Arts post/frame. It is better th th exposure. Motion made to approve a banner to be hung March 29 to April 5, for the Voted 3-0 approved Canton Lions Pancake breakfast. . Ann Galvin Ames Ave – 2 yrs extension of a prior decision. Atty. Paul Schneiders represented Ms. Galvin. Due to the economy, money has dried up. There is no longer a demand for the 27 units. The variance runs out May 24, 2009, would like to extend to May 24, 2011. Chairman Carroll did not see a problem with this request. It was granted per ATM vote, to grant 5ft setback on Ames Ave. They will re-apply for the Variance. Per Mr. Fitzgerald and Chairman Carroll, you need this Variance to go forward with the project. We do not see a problem with a future Variance. Mr. Pando reminded everyone that a Site Plan Approval required for a Variance. Special Permit required to build the units. The Variance ran out. They will refile to request a variance. A Site Plan Appro val is indefinite. It doesn’t run out. Special permit runs out in 2 years, and a variance runs out in 1 yr. He wanted the record to show the Variance has lapsed. We are all in agreement on this. Motion to approve 2 yr. extension to Ann E. Galvin, on a prior
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Zoning Board of Appeals Minutes of March 26, 2009 Meeting Page 2 of 5 decision from May 24, 2009 to May 24, 2011, and the petitioner will come in and reapply Voted 3-0 to approve for a variance, be granted. . Reiser Co – 725 Dedham St – underground pipe. Dig safe showed where gas main WASN’T, We need to relocate to other side of building. It is a roof drainage pipe. Motion to modify drainage pipe which is too close to the gas main, in accordance with Site Plan from Site Design Professionals, dated March 6, 2009 be a minor modifi cation. Voted 3-0 to approve. Voted 3-0 to approve, Motion to vote on previous motion. Mr. Pando noted the changes are due to construction conflicts. As Built plan to be submitted after completion wil l show the changes. 265 Mechanic St Trust – 265 Mechanic St 15-09-ENCB-V (JF,GP,CA) – Atty. Adam Mazonson represented the petitioner. He stated that one month ago they were seeking relief to demo existing building and build a 2 family. Discussion as t o whether it was a 1 or 2 family. 10 out of 11 abutters approve this. It will increase the tax base, and the value of the houses around it. Mr. Fitzgerald said we asked you to prove it was a 2 family. You concede that the Building Commissioner was rig ht, and this was a 1 family. Atty. Mazonson said I do not agree with that statement. They brought in a signed document that this was a 2 family. Relief must be granted. Mr. Pando stated that this is a single family in a Single Residence District, it is in disrepair., and they want to build a 2 family. I’d like to do that, I’ll sign something saying my house is a 2 family! One side of the property is in support, the other is NOT. 3 opposed, 1 in favor. (according to the submitted documents, area in green, which reflects this). Mr. Fitzgerald said that the bulk of the neighbors want it done. Mr. Pando stated that it is difficult to find case for a Variance. Neighbors would like a single family home. Atty. Mazonson said that they would continue to rent in this bad condition, does nothing for the town. We are looking to remove a blight. Frank Sullivan, 257 Rockland St. stood to say that a single family would increase the value. Previous minutes would prove argument 2 family to 2 family. Now they are not discussing this. Is there anything certified or notorized from the abutters supporting this? Mr. Fitzgerald stated that there are signed signatures only., nothing certified or notarized. The other project makes sense (1 family). I would have a 2 family in my back yard and another 2 family in the front. A single family would increase the value. You are looking at Rockland and Mechanic Streets differently than Algonquin Rd. Chairman Fitzgerald said that Mr. Sullivan makes a valid point. I agree with Mr. Pando’s opinion. Atty. Mazonson said that the current owner pays taxes, the other project was granted owing 183K in taxes. The best use is a single family, not a rental unit. Chairman Fitzgerald said I am not sure it is the best use of the property. Mr. Pando said he is disinclined to vote favorably. We would offer to withdraw without prejudice. Maybe if 2 affordable units (40B) I would allow to withdraw without prejudice. Atty. Mazonson said, affordability, 2 family, lower sale value. I appreci ate the offer. Mr. Sullivan said that the presentation of Atty. Mazonson was bogged down, vigorously argued it was a 1 family or a 2 family. It was not bogged down. And 2 – no doubt a single family would increase value, a 2 family would be more valuable. I would have a 2 family in front and in back of my house. Chairman Fitzgerald told Mr. Sullivan to stop while he was ahead. Atty. Mazonson asked for 2 minutes to consult with his