ZB06-09-11

Source page 1

Zoning Board of Appeals 
June 9, 2011 meeting 
Page 1 of 5 
 
Present: Paul B. Carroll – Chairman, Greg Pando, John Marini. 
Alternate: Kevin T. Feeney 
Chairman Carroll called hearing to order at 7:0 0 P.M. 
Ryan & Tara Fenner – 25 Downes Ave. 22-11-SP-V 
Chairman Carroll read legal ad as written in the Canton Citizen. 
Atty. Mike Keenan appeared before the Board along with the Petitioner, Ryan Fenner. The petitione r 
would like to split the lot, and only one lot would need variance. 10 Upham St would meet all zoning 
requirements. The Planning Board gave approval for an ANR on the 25 Downes Ave. lot. Downes Ave. is 
not a paper street. The Downes Ave house was built in 1938, and is to be razed to build another house. 
It is a dilapidated house, but no hardship on their part. One of the parties concerned (the builder and a 
brother of the petitioner) said that the neighbors paved Downes Ave. 3years ago. 
Mr. Pando feels it would be a stretch to get the variance, since you cannot show a hardship. We need to 
find just cause. 
Chairman Carroll said that Chapter 40A finding must be made for a variance. We will close the hearing 
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and continue the hearing to June 23. 
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Jim Powers – 7 Pine Cone Rd – 23-11-SP-V 
Construct addition to rear of house. Side yard relief needed (pre-existing non-conforming house). House 
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was built in 1954. They would like to bump out the kitchen, add 2 bath and bedroom. They have 2 
children. 
 
Mr. Pando confirms ENCB. The side yard requires 15ft, and has 11.2 ft. the lot width requires 115ft and 
it has 81ft. In keeping with the improvements, the scale and impact of the addition is not 
overwhelming. It is appropriate. The new addition is no closer to the side yard. It is a reasonable 
request. It is a single story addition. 
 
Mr. Marini questions the setbacks. It conforms with the neighborhood. It is a reasonable request. 
Mr. Pando made a motion to grant a variance to North side of existing house in conformity with 
drawings from M & M Engineering, Inc., So. Easton, MA, the proposed addition no closer than 11ft of 
easterly side line. A certified plot plan is to be submitted after completion of foundation. Voted 3-0 to 
approve. 
 
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