Planning Board minutes 1989-11-06

Browse Search

Minutes for the Meeting of November 6, 1989 3 30 Bloomfield Street, Janis Hersh & Marc Frader, variance, to allow Iconstruction of a two-car garage with a side yard setback of 6 feet to the overhang instead of the required 15 feet. DETERMINATION OF GRADE AND CONSTRUCTION OF UNACCEPTED STREETS 267. Valley Road. Lot 18A, Mau 79. Maria Massucco: Michael Sacco, represent- ing the applicant, reported they had approached the Building Department for a determination of whether the Lot 18A is a buildable lot. Zoning Officer Joseph Marino, in a letter dated October 26, 1989, determined the lot was "grandfathered and buildable". In the letter Mr. Marino also noted that, prior to the issuance of a building permit, if the property is on an unac- cepted street, the Planning Board must determine that the street is of ade- quate grade and construction, as defined in the Board's Policy on Construction Standards for Unaccepted Streets Relative to Building Lots. Mr. Bowyer read the pertinent language in the Policy that applies in this case. It stated "that construction of new dwellings on more than one lot on a segment of an unaccepted street may require the filing and approval of a definitive subdivision plan if the following rule applies: if any adjacent or abutting lot(s) was/were owned by the same person in any of the 10 years preceding the application, and a building permit was issued for a new dwelling on that lot, this policy shall not apply and instead, the applicant shall file a definitive subdivision plan." Mr. Bowyer added that approximately 18 months ago another lot, which had been in the ownership of the Massucco family, was determined to be a buildable lot under the provisions of the Policy and it might appear this additional lot would require a filing for approval of a subdivision plan. However, he noted if it did apply, there is a requirement that says a subdivision road must connect to a public street, and the nearest one is more than 1,000 feet away. According to the Zoning By-Law, no dead end street can be longer than 650 feet. The Board agreed that they considered the lots were not abutting or adjacent. On the motion of Mr. Sorensen, seconded by Mrs. Klauminzer, it was voted 3-0 to determine: 1) that the two lots in question are not "abutting" or "ad- jacent" because the two lots are on opposite sides of the street, and not even directly across the street from each other, so that the "ownership by the same person in any of the 10 years preceding the application" provision in the Policy does not apply; and 2) that this lot should be treated as any in- dividual lot is treated on an unaccepted street. The Board noted that a determination by the Board, and an evaluation by the Engineering Department of what is necessary to bring the street up to adequate grade and construction under the policy, must be done. The Board will walk the road in the next few weeks. SUBDIVISION OF LAND 268. Wood Street, Joanne Vilasi, Conventional Sketch Plan: The Board reviewed and edited a draft letter prepared by Assistant Planner Nordby, notifying the applicant, Ms. Vilasi, that the Wood Street Development conven- tional subdivision plan is disapproved because it does not comply with the Zoning By-Law and the Planning Board's Development Regulations in a number of areas. On the motion of Mr. Sorensen, seconded by Mrs. Klauminzer, it was