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ZB03-26-09

Zoning · Source meeting date: 2009-03-26 · Record 40224

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Saved text from 2 of 5 source pages. Transcription and OCR may contain errors; verify figures and wording against the original.

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

Source page 2

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