Minutes of Meeting
April 4, 2013
In attendance: JD, AP, JS, PD, MarioC, Mary C, NF, BS
LR
7:00 PM
JD opened the hearing.
Continuance -
341 Pulaski Blvd. – Appeal of Building Permit
341 Pulaski Blvd. – Appeal of Class II License, fencing and town ordinance
Ronald Lussier – Diamond Property Limited
Sitting In: JD, AP, PD, JS and NF
The 2 hearings have been and will continue to be heard together. JD read the continuance request. He asked the applicant what the reason for the continuance request. Mr. Lussier stated he was seeking a continuance as he was waiting for Mr. Buteau to move his fence as requested by the BOS. He stated that on this day the post and chains were removed and he was satisfied with that issue. The 2nd part of his continuance request was so that he could finalize some issue that required more research. He felt the PB did not understand the changes and he has not had a chance to be heard before them. JD stated the ZBA received a letter that there is no reason for this case to go before them. The applicant stated he had concerns with the entrance and exits, the trench grade and the public right
of way. He stated he needs time to go before the BOS also, but they had the Building Inspector write an explanation. JD read the letter from the Building Inspector. Mr. Buteau was in attendance and produced photos showing the corrected placement of the fence. The board felt the applicant had enough time to research and present his case.
JD motion to grant the continuance as requested.
AP second.
Discussion
The board members state that they all have been by the area and felt that the area was well kept and well maintained business and the owner has done all to comply.
Vote
0 in favor to allow a continuation.
5 in opposition of the continuation.
The continuation request is denied.
JD stated they would continue with 341 Pulaski Blvd. appeal #1 and #2.
The applicant stated he felt that this fence shouldn’t be allowed and that it is a safety hazard. The board took into consideration the input from all the other departments. They reviewed the facts and findings and felt that the fence was not a safety hazard nor was there a need for a Plan Review. This is a great improvement to the area and the applicant willingly moved the fence out of the public right of way.
JS motion to close.
AP second.
All in favor to close both hearings.
JD motion to grant the appeal (#1) of the issuance of the building permit.
JS second.
0 in favor
5 opposed
The appeal is denied. The issuance of the building permit stays as is.
JD motion to grant the appeal (#2) of the approval of a class II license modification by the BOS and fencing approved by the Building Inspector.
0 in favor
5 opposed
The appeal is denied. The fence stays as it is.
Continuation – 579 Pulaski Blvd. – Comp. Permit MGL 40B
Taft Estates
The board, our town counsel, Jay Talerman, the applicant, Mr. Jones and his consultant, Paul Cusson were all in attendance and discussed what needed to be done to finalize the hearing for the 40B project. Jay Talerman stated he would put together the draft by midmonth with details of what has been discussed over these months. The board could read it over, make their comments and then make changes as needed at the next board meeting. Tom Houston and Don Dimartino may also have comments to add. We will then go down the list by line item and finalize it. There will be no more evidence taken.
JD motion to close the hearing. He noted there were no audience members present for input.
JS second.
All in favor to close the hearing. The draft decision will be discussed at the next meeting on May 2, 2013.
New – 320 Pulaski Blvd. – Variance Request
Gibbs Oil Co.
JD read a withdrawal request from the applicant Gibbs Oil Co.
JD motion to grant the withdrawal without prejudice.
JS second.
All in favor to grant the withdrawal as requested.
Minutes
March 7, 2013
JD motion to accept the minutes as submitted.
JS second.
All in favor to accept he minutes as submitted.
Meeting adjourned 8:30 PM
Approved 06/06/2013
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