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■ <br /> Board of Appeals Minutes - January 12* 1994 20 <br /> r <br /> I <br /> # Friel stated that the expansions bave been confined to <br /> the construction and well-drilling company and the barbeque <br /> grill and propane sales, M . DiMaggio noted that the <br /> Building Inspector ' s citation had included legalizing the <br /> uses * Attorney Kevin Kirrane, representing M . DiMaggiojr <br /> asked that the Board find that Special Permit relief has <br /> been deemed to be necessary for the expansion.-of the uses. <br /> Mr , Maku-u . -- moved that the Board vote to uphold the Building <br /> lnspecto sa,-citation of Mr, Dimaggiors zoning violation <br /> dated Aug t 27e 1993 , Mr, Govoni seconded, All agreed. <br /> The Boar0cf-pund that Special Permits can be issued for the <br /> expansion-of - uses on the site. <br /> Mr , i it p. - said the special permit application f or the sale <br /> of prop ► .. grills and accessories was filed as an expansion <br /> • �. f <br /> .- Of the p �:e- isting non-conforming use. Mr . Peters asked if <br /> zoning wa ..g-oing to be changed. Mr. Friel explained that <br /> the off : . 1969 zoning map indicates business zoning on <br /> both sidiD.,55 of Route 130 and changes were made without <br /> notifying;-property owners . <br /> Malo,-,- -moved to take the application under advisement <br /> with the.' expectation that another application mould be filen <br /> for the;. ermit for the construction and well-drilling <br /> sin s ;P,-.•a d both could be combined in one decision. Mr. <br /> r Govoni.. % gppded# All agreed. - <br /> Drew y ,U.IL;yTrus - Requests a variance front Sections <br /> I4- and 174 cling By-laws for <br /> .A <br /> permis,s-I , <br /> t ' vary the setback and lot coverage requirements <br /> and to- rh. A'-.l u.--within the . # . # In an R-3 zoning district <br /> on prop~ y ltocted at 19 Tide stn (Map 126, Block 41 ) <br /> Mashpe' x'•.14 ( caner of recon. Andrew A. Harris ) . The <br /> varian , �,g :anted on this property in 1989 has expired) . <br /> Melt be s_, ting . J , Friel, M. Ma unas, E, Govoni <br /> Attorn; y.•:-_&- V-in Kirrane represented the applicant and <br /> explai- , 4.- gt the bouse had to be reduced in size and <br /> moved -rie.q.uIred by Conservation. Be said the owner was <br /> unable. . o,�•,r evelop the property due to the delay in <br /> ons erya.tzkqn approval which was appealed and the f inal <br /> decisi: s. ;a.s not issued until May of 1991 when the variance <br /> had exged. He questioned if it was necessary to have <br /> avian . from wetlands due to fact that by-law had been <br /> changed-,, <br /> Mr, Ma- s moved to grant the variance. Mr. Govoni <br /> seconded" • All agreed. <br /> r <br /> I <br /> 4 <br /> s <br /> I <br />