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• Board of Appeals Minutes - November 10, 1993 2. <br />Mr. Friel questioned when Mr. Dimaggio had taken title to <br />the property and Mr. Kirrane confirmed that it was no later <br />than 1981. He read into the record a petition from <br />concerned citizens (attached). Mr. Friel stated that, as <br />Chairman, he resented the implications of the petition. <br />Mr. Makunas questioned Mr. Kirrane on legal references and <br />Mr. Kirrane said he was referring to Chapter 40A Section 7. <br />Mr. Makunas asked if any structures had been built without <br />a permit and Mr. Kirrane said tanks and stone bins and a <br />concrete structure were installed without building permits <br />which were not then required by the Building Inspector. Mr. <br />Makunas said structures built without permits were <br />protected. Mr. Hauck said permits for propane tanks were <br />issued by the Fire Dept. <br />Mr. Kirrane said the uses pertaining to the building were <br />protected by the six year statute of limitations. He said <br />the 1983 building permit to expand the building was <br />to accomodate the uses. Mr. Makunas stated that the ten <br />• year protection does not protect uses. Mr. Kirrane said <br />that the first part of the statute references uses and <br />structures if accompanying a validly issued permit and he <br />thinks the purposes for which the changes in the building <br />were undertaken validated the use as well as the structure <br />under the six year statute. <br />Hazel Oakley, a member of the audience, asked if abutters <br />were notified when building permits were issued. She <br />suggested the property go to Town meeting for rezoning. <br />Randy Peters, an abutter, said the size of the business has <br />increased 3 to 4 times within 10 years. <br />Mr. Makunas said there was -a commercial parcel and a <br />residential parcel and it is allowable to encroach 30' <br />(174-11) and if uses have existed for six years without <br />being challenged they are protected. He said the Board <br />would have to seek counsel to determine appropriate legal <br />references. <br />Eleanor Thaxton. an abutter. asked if residential lot can <br />be used :or business and Mr. Makunas said he could only use <br />30'. Mr. Peters said he was using more than 30'. <br />Mr. <br />Govoni <br />moved to take the application :ander advisement. <br />• <br />Mr. <br />Makunas <br />seconded. All agreed. <br />