TOWN OF HOLDEN
ZONING BOARD OF APPEALS
HEARING
Betty Ann Hale/John & Maureen Locke Case No.V 1001
The Zoning Board of Appeals held a public hearing on March 4, 2010 at 7:00 p.m. in the Selectmen's Room of the Starbard Building, 1204 Main Street, Holden, MA on the petition of John & Maureen Locke and Betty Ann Hale for property located at 81 Winter Hill Road for a Variance for relief from the area regulations for lots located in the R-1 zoning district.
Members of the Board in attendance: Ronald Spakauskas, Silvio Annunziata, Roy Fraser, Fred Lonardo and James Deignan. The Chairman called the meeting to order. Since there were no objections, the reading of the application and findings of fact was waived.
S. Annunziata asked about the frontage distances of the lots if they were to be created.
R. Fraser asked when the property was originally purchased by the present occupant.
J. Deignan asked if there were any plans for the lots should this be approved.
F. Lonardo presented a special permit case from another town that was denied approval because there was no language in their bylaws. The Chairman noted that this case is a request for a variance and there were provisions.
One person in attendance was there on an unrelated matter to ask the Board. He was directed to contact Dennis Lipka, Building Commissioner.
Since there were no further comments or questions, the public hearing was officially closed at 8:30 p.m.
The Board voted 4-1 to grant the variance with the following conditions: 1) Both lots must be served by public sanitary sewer; 2) The design for the connections must be approved by the Holden Engineering Division prior to any conveyance of the properties and 3) Given that these connections will utilize easements over private property, the appropriate legal agreements and easements must be in place for the use of these easements for the installation and maintenance of these connections. Such agreements must recognize the fact that these connections are private connections to the main server and will be the responsibility of the owners in perpetuity.
In the opinion of the Holden Zoning Board of Appeals, this is a case where a literal enforcement of the provisions of this Zoning Bylaw would involve substantial hardship, financial or otherwise, to the appellant and where desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of this Zoning Bylaw.
Ronald E. Spakauskas, Chairman
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