Zoning Board of Appeals, March 21, 2013-BIANCHINI

TOWN OF HOLDEN

ZONING BOARD OF APPEALS

BRIAN RILEY & KEITH BIANCHINI                                                           CASE NO. SP 1301

The Zoning Board of Appeals held a public hearing on March 21, 2013 at 7:00 p.m. in Memorial Hall in the Town Hall, 1196 Main Street, Holden, MA on the Application of Brian Riley & Keith Bianchini for property located at 57 Sunnyside Avenue for a SPECIAL PERMIT to construct a 2-unit dwelling.                                                  

Members in attendance:  

R. Spakauskas, S. Annunziata, R. Fraser, J. Deignan and R. Butler.

The Chairman called the hearing to order and the secretary read the application and findings of fact.     

Attorney George Kiritsy, representing the owners, Joseph Evangelista & David Brunelle, addressed the Board.  There was a house at 57 Sunnyside Avenue that burned down.  The owners applied to the Department of Conservation and Recreation (DCR) and were granted a variance.  The DCR will be recording it at the Registry of Deeds; it has been identified as lot A.  Atty. Kiritsy distributed a copy of the letter from DCR confirming this.  The property was divided by the Approval-Not-Required (ANR) process through the Planning Board.  Lot B was assigned street #59.  A copy of the approved ANR plan was also distributed to the Board.

Atty. Kiritsy further explained that the use of a duplex in this zone is permitted by Special Permit.  The minimum frontage requirement is 80 feet; this plan has 112 feet.  The minimum lot width is 100 feet; this lot has 104 feet and meets dimensional requirements.  

J. Deignan asked if the DCR included conditions with their approval.  Atty. Kiritsy said there were nineteen (19) conditions attached to the variance, mostly procedural, such as before starting construction activity, a copy of the variance must be placed on site.  Also, storm water management, which are standard DCR conditions.  They must also submit as built plans to the DCR.  

R. Spakauskas asked about the size of both lots.  Lot A is 20,496 square feet and Lot B is 20,819 square feet.  The owners intend to build a single-family home on Lot B.

F. Lonardo asked if any zoning relief would be requested on Lot B; it was answered no.

Mr. Mallard, 64 Sunnyside Avenue, said he had never had water damage to his property in over 40 years until Bergeron starting building next door.  The run-off on the hill is terrible and would like to know what to expect when this duplex is built.  He also felt that no one was interested in keeping the integrity of the neighborhood.  With a multiple family dwelling on Sunnyside Avenue, this is certain to increase traffic which this street will be unable to handle.  

R. Spakauskas asked if there was any plan to remove any of the soil on the lot; Atty. Kiritsy said not to his knowledge.  He also asked about the large tree on lot A.  R. Fraser said it appears the 36-inch maple tree is on Town property.

Since there were no further comments or questions, the public hearing was closed at 7:35 p.m.

The Board unanimously voted to approve the special permit with the following conditions:  1)  The 36-inch maple tree is to be protected by the owner during construction and not removed before they have applied to the Town of Holden for a tree hearing;  2)  A copy of the variance decision from the Department of Conservation and Recreation is attached and made part of this decision;  3)  A copy of the Approval-Not-Required plan showing the easement which was approved by the Planning Board on June 12, 2012 is attached and made part of this decision;  4)  The applicant must have a plan proposed by a Massachusetts Professional Engineer showing the contours of the property and proposing a plan to control the run-off that will be created by the finished grades and the final construction of the house.  This plan must be reviewed and approved by the Director of Public Works, Holden, MA.  

                                                        ______________________________________

                                                        Ronald E. Spakauskas, Chairman