5/13/1992 ZONING BOARD OF APPEALS Minutes

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Board of Appeals Wednesday, May 13, 1992 3 . Attorney Joseph McQuade and Mr. Nation represented the Petitions and presented plans for the removal of an existing structure and the replacement with a two story home on the same foundation. He explained that the existing structure was built in 1939 and conformed to zoning regulations at that time. Mr. McQuade stated that he questioned if a Variance was required since there is no expansion or intrusion into the legally existing nonconforming location of the existing dwelling . The Building inspector had requested the Variance application. Mr. McQuade reviewed the Special Permit application and stated that proposed construction would be similar to others done in the neighborhood . Mr. Palank, an abutter, had phoned the Board in favor of the petition. Mr. Sanchez, an abutter, was present and had no objections . Correspondence was received from another abutter opposed to the application. Mr. Friel questioned if a new order of conditions had been filed with the Conservation Commission and Mr. McQuade replied that a new application had been filed. Mrs . Sanchez questioned if total structure was to be removed and Mr. Nation replied that it was easier mechanically to remove it. The foundation will remain and lot coverage is 12 . 8% . Mr. Makunas questioned if Board considered the Variance necessary. Mr. Govoni stated that he did not consider it more non-conforming. Mr. Friel said that he doubted the need given the age of the structure and Mr. Makunas agreed . Mr. Makunas moved to vote that a Variance is not required . Ms . Hawver seconded . All agreed . Mr. McQuade preferred not to withdraw the application and suggested that the Board vote to deny the request for a Variance. Mr. Makunas moved to reconsider. Mr. Friel seconded . All agreed . Mr. Makunas moved to deny the request for a Variance for the following reasons : there is no change in the non-conforming aspect of the structure and a Variance is not required and the requested changes will not increase those non-conforming, pre-existing conditions . Mr. Friel seconded. All agreed. Mr. Makunas moved to grant the Special Permit referenced by plans of ARO Engineering dated 4/10/92 . Ms . Hawver seconded . All agreed . The Board recessed from 8: 25 to 8 : 35 P.M. William M . and Geraldine--H. McCormack - Request a Variance from Section 174-31 of the Zoning By- laws for permission to vary the side line setback in an R-3 zoning district on property located at 77 Tide Run ( Map 120, Block 190 ) . Members sitting : J . Friel , M. Makunas, C. Hawver