2018-08-23-ZBA-min - Laserfiche WebLink

Browse Search

requests in this matter is that there is a waiver of the requirement of a certified plot plan. If the Board doesn't agree to waive the plot plan, the decision is put on hold. The one acre more or less, is an indication that nobody had precise boundaries). Mr. Parsons requested that this matter be continued until an official map can be shown to the abutters. The abutters need evidence of the acre they are referencing and the stakes don't mean anything (Mr. Clifford responded that this Board has not made a decision yet to require a plot plan. The question from the Board is whether they know what the one acre plus or minus is). Mr. Parsons said that the piece of property has been designated by the Town for 48 years. An attorney told him that it's reasonable to ask for a deferment at the meeting. He was under the impression that it was a much larger site. Based on the fact that they have recovered additional information, he didn't see an accurate plot plan. He is questioning why this information can't be tabled until they have looked into sufficient information. They need to see an official map. He hasn't seen the stakes and they need something in front of the Board that goes into the record. Ms. Wood stated that a request for a continuance must come from the applicant. Mr. Parsons stated he is requesting for the Board to show him what place on the property is the acre by way of a certified plot plan. They need a valid piece of evidence, not just what someone says. Mr. Scott Carroll, 17 Eugene Rd, Burlington, MA, stated that he grew up there and the junk yard hasn't been expanded in the 34 years he's been alive. Mr. Parsons stated that he feels that there should be a certified plot plan showing the location. Ms. Wood stated that the Board has not made a decision yet to waive the plot plan. Mr. Parsons stated that he doesn't believe that the applicants have come prepared to ask the Board for a decision because they don't have the documentation. The meeting cannot go forward because if there is not a firm, documented basis of what acre we are talking about. It came to his attention that there is more of a map of the junk yard. He doesn't think the Board can make a decision that would be just to the interest of the abutters or to Mr. Carroll. The appellate should be obligated to bring in documentation. An audience member, Ms. Marie Tulin of 56 Allen St, stated that she was not aware that the Board has the option to waive the requirement of the plot plan. The property owner, Mr. John Carroll of 29 Allen St., stated that when Robert Cataldo was on the Board, he had asked for a certified plot plan to be done, which it was. He put an earth and berm around the property which determines the location of the property. The berm is still there. Mr. Williams asked Mr. Carroll if the stakes show the one acre (yes it does). An audience member, Mr. Fernando Quezada of 26 Blossomcrest Rd., stated that he has been an abutter since 1987 and one of the previous conditions is that there be no more than 30 cars. At that time, there were more than 30 cars. He had made a complaint and the cars were removed but they were put back. The property has changed it's operation over the year and he has come to doubt the Town's capacity to enforce the conditions of the decision. The Zoning Administrator at the time had said that she would check the property every 6 months, but never got around to it. He is concerned about the enforcement aspect.