Friday, October 10, 2003
Shorts from the BOA, October 2
One could almost hear a sigh of relief as the Board of Appeals was back to business-as-usual, hearing the simpler petitions from residents, rather than the complex deliberations on a comprehen-sive permit for the Lowell Street 40B development, which has occupied them for the last nine months. The residents' applications were all approved without controversy, and everyone went home at an early hour.
78 Stearns Street
Kathryn Dennison of 78 Stearns Street was before the board to renew her special permit for operation of a riding stable. She requested a permit for a longer period of time as she has been before the board many times. She told the board she has never had a complaint. The board agreed and granted a permit for eight years. Conditions include: housing no more than three horses, instructing no more than three students, hours of operation from 8:45 a.m. to 5:30 p.m., no on-street parking, manure suitably managed, and fencing maintained in good condition.
69 Bellows Hill Road
Sid Levin and Nancy Maurer of 69 Bellows Hill Road asked for a special per-mit to build a two-bay garage with a heated loft above to be used for office space. This building would not intrude on any setbacks from neighbors, nor would it increase the size of the building by more than 50%, a benchmark for these types of additions. A special permit is required because the house is on a non-conforming one-acre lot. The board granted the permit.
231 Munroe Hill Road
Valerie and Colin Paterson of 231 Munroe Hill Road needed a variance for their new garage, as it intrudes on a setback from a lot line by 20 inches. Their story is a tortured one. It all began when the garage builder's subcontractor moved a border stake inadvertently, placing the garage within the setback zone. Trying to rectify the problem, the petitioners arranged a land swap with the neighbor. However, a title search was never done by the builder's attorney, and as it turned out, there was a lien by the IRS on 7.09 square feet in the swapped parcel. The petitioners found this out when they attempted to refinance their home mortgage. It seemed that the 7.09 square foot parcel was encumbered by two mortgages and a Federal tax lien exceeding $150,000. The Patersons then exchanged the property, returning the land to the original owners, and thus required relief for the 20 inches. The board found for hardship on the part of the petitioners, as they had spent much money trying to remedy this situation, and had lost their opportunity to refinance their house.
© 2003 The