Laserfiche WebLink
Board of Appeals Minutes - August 12, 1992 2. <br /> Mr. Dunning quoted Section 7 of Chapter 40A and said that if a permit <br /> had been issued the deck would be a nonconforming illegal structure but <br /> would be protected after seven years. <br /> Attorney Jeff Oppenheim, representing the abutters, Mr. and Mrs. Finkle, <br /> reviewed the findings necessary for a Variance and questioned if any <br /> were applicable in this situation. He said his clients were not aware <br /> of the encroachment until 1991 and had tried to work it out without <br /> success. <br /> Mr. Friel noted that the file contained many letters in favor of the <br /> application. He read a memo from Mr. Hauck which stated that the deck <br /> is illegal and suggesting that it be relocated to the rear of the <br /> property. Mr. Dunning replied this would be difficult to do due to <br /> plumbing problems from a shower and location of the septic system. <br /> Mrs. Anderson, health officer in 1984, said she was aware that the <br /> applicants had tried to get a permit and were told one was not <br /> necessary. Mr. Dunning said the Board might consider that there was <br /> a defacto building permit. <br /> Mr. Makunas questioned the time factor and asked if it was an illegal <br /> non-conforming structure and if the Board had any authority to act. <br /> Mr. Mindick said it had not been established that they applied for a <br /> permit. <br /> Mr. Dunning asked that the Board find that a defacto permit existed. <br /> Mr. Oppenheim replied that Section 7 of Chapter 40A did not offer <br /> protection. <br /> Mr. Makunas suggested that the Board recess and allow the two attorneys <br /> to discuss a settlement. Mr. Makunas moved to recess. Mr. Govoni seconded. <br /> All agreed. <br /> DISCUSSION <br /> Deer Crossing - Ronald Capozzoli, owner of Deer Crossing, stated that <br /> the Design Review Committee had approved plans for the expansion of <br /> Building C. and that he would be appearing before the Board on Sept. 23 <br /> for a Special Permit. <br /> Cape Cod Restaurant d/b/a Picnic Box - Mr. Friel read a memo from <br /> DPW director, R. Gregory Taylor, which stated that he had not received <br /> any plan of the restaurant and fruit stand nor any information on the <br /> curb cuts which had been conditioned in the Special Permit. Mr. Taylor <br /> said he understood there had been changes in the original curb cuts. <br /> Mr. Makunas moved to reconsider the Decision on the Application for a <br /> Modification of Special Permit SP-92-52. Mr. Govoni seconded. All <br /> agreed. Mr. Makunas asked that the record show that it had been stipulated <br /> in the conditions of the Decision that information required by the Board <br /> was to be acted upon in a timely fashion and reported back to the Board <br /> within 30 days. The applicant failed to provide information to the <br /> Design Review Committee and to resolve the parking and curb cuts with <br />