Zoning Board of Appeals, January 9, 2014-MARIN

TOWN OF HOLDEN

ZONING BOARD OF APPEALS

        

B. JEANNE MARIN                                                                                               CASE NO. V 1313  

The Zoning Board of Appeals held a public hearing on January 9, 2014 at 7:15 p.m. in Memorial Hall in the Town Hall, 1196 Main Street, Holden, MA on the Petition of B. Jeanne Marin for property located at 177 Parker Avenue for a VARIANCE to reduce the existing lot frontage by 11.3 feet in order to convey a parcel containing 288 s.f. to the abutting lot owner.

Members in attendance:  R. Spakauskas, S. Annunziata, R. Fraser, F. Lonardo and R. Butler.

The Chairman called the hearing to order.  Attorney Leo McCabe, representing the applicant, ad-dressed the Board.  He indicated on the plan Parcel A is a strip of Ms. Marin’s driveway and Parcel B of 98 s.f. went onto the Barrett property.  The intention is to convey Parcel A to the abutting property owner, Judyth Barrett at 179 Parker Avenue.  The entrance portion of Ms. Barrett’s driveway extends onto Ms. Marin’s lot by 11.5 feet and contains 288 square feet.  This would result in a change in lot lines and a reduction in frontage.  

Ms. Marin is selling her house and she wishes to have this completed before the sale.  The neighbor, Ms. Barrett would have great difficulty in entering and leaving her driveway if she were limited to the present situation.  It may also create title problems for financing.

F. Lonardo asked why this was not done through an easement.  Atty. McCabe said this is the way the attorneys preferred to handle it.  

F. Lonardo felt that Judyth Barrett at 179 Parker Avenue would need to ask for a variance from the side line to do the reconfiguration.  Due to the fact that her lot is being affected, he did not feel that the Board could grant this variance without Ms. Barrett’s name on the application.  

R. Spakauskas asked Atty. McCabe to indicate for him where the exact property lines would be once this sale takes place.  He also asked that the agreement between the two parties be put in writing.

Atty. McCabe asked the Board for a continuance in order to be given time to file an amendment not-ing both parties.  F. Lonardo made a motion to continue the public hearing until February 13, 2014.  R. Fraser seconded.  Vote 5-0, motion approved.  

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                                                Ronald E. Spakauskas, Chairman