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1933-03-03
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1933-03-03
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Zoning Board of Appeals
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Zoning Board of Appeals
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BA-1 to BA-12, Board of Appeals Minutes, 1929-1985
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BOARD OF APPEALS MEETING <br />C17 <br />MARCH 3, 1933. ' <br />A meeting of the Board of Appeals was held in the Selectmen's <br />Room, Town Office Building. Messrs. Custance, Glynn, Slocum <br />and Baldrey were present. Miss Elinor Moakley was also present. <br />Mr. Custance acted as Chairman in the absence of Mr. Maddison. <br />Mr. John Lyons, Attorney for Pellegrino Ferri; appeared <br />before the Board in regard to Mr. Ferr•i's petition to remove a <br />garage from its existing location on Winn Street to his land <br />on Albemarle Avenue within 20 feet of the street line. <br />Mr. Lyons stated that he felt the Board might be hesitant <br />to graft the permit in case a question of damages might arise <br />in the Town decided to widen Albemarle Avenue. Therefore <br />he talked with Mr. Wrightington, Town Counsel, and had drawn <br />up a release suitable to the Town Counsel, holding the Town <br />harmless and agreeing to remove the garage at no expense to the <br />Town. This release was to be filed at the Registry of Deeds <br />with the deed of the property and would be binding upon Mr. <br />F'erri's heirs and assigns. <br />Mr. Glynn felt that the release should be made broader as <br />he felt that bhei�e might be several other reasons why the <br />Town might wish to have the garage moved other than widening <br />the street. He felt that a olausee should be added to the ' <br />effect that Mr. Ferri would move the garage without expense to <br />the Town upon the request of the Selectmen. <br />Mr. Custance felt that this might put Mr. Ferri to con- <br />siderable inconvenience, but Mr. Glynn was of the opinion that <br />-Mr. Ferri should be willing to take that chance. <br />Mr. Lyons also stated that Mr. Ferri would be wi.114ig <br />to do whatever the Board desired, only he would not want to have <br />the power abused, but that he would have to take a•change on <br />it. <br />Mr. Baldrey felt that it should be made a non -conforming <br />use so that he could not build another garage there. However, <br />it was felt that he could not do this, as the permit to be <br />granted and the agreement refers only to the existing building <br />to be moved., <br />Mr. myons stated that he would be agreeable to any <br />conditions in the release that the Board required, and as there <br />were no further questions.thb_Board desired to ask him, he <br />retired. <br />The minutes of the meeting of February 17th were read and <br />approved. <br />The Board considered the Ferri application, and upon <br />motion of Mr. Glynn, unanimously passed the following vote: - <br />"Voted: That the Board of Appeals grant the petition of ' <br />Pellegrino Ferri to remove an existing garage located on Winn <br />Street to a site on his land on Albemarle Avenue as shown on <br />plan entitled, "Ferri N,13.rseries, by George IN. Taylor and Sons, <br />
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