ZB05-22-08

Source page 1

Minutes of the meeting of May 22, 2008 
 
PRESENT: Paul B. Carroll, Chairman 
 
Gregory L. Pando 
 
 James Fitzgerald 
ALSO 
PRESENT: Robert Quigley, Alternate Member 
Velma J. Coffey, Recording Secretary 
 
 
Chairman Carroll opened the meeting at 7:06pm in the Salah Hearing Room, Memorial Hall. 
 
Allan & Patrice Fillebrown – 10-07-ENCU/B – 40 Downes Ave. (PC,JF,GP) 
Atty. Paul Schneiders represented the petitioner. Also present was Mr. Fillebrown. This petition 
has been continued several times (original date was February 1, 2007). When the petitioner 
purchased the property, they learned that their barn/garage was partially on a neighbor’s property. 
Litigation ensued and the structure was demolished. Petitioner would like to replace this 
structure, but due to wetlands, etc there is no place to locate the building except where it is shown 
on Exhibit A (within 3’6” of property line). This would still violate setback and sideline 
requirements. This is a hardship for the petitioner, as they bought the property with the 
expectation that they could store their antique cars in the barn/garage. The adjacent property has 
since been sold and Attorney Schneiders has spoken with the abutter. Mr. Fillebrown said he 
spoke to the neighbor “last night” and she was concerned with the garage doors. He has not 
heard from her “today”. She had no objection at that time, but she is not here at the meeting. 
 
Chairman Carroll asked the petitioner who has 2.5 acres, if this is the only place to locate this 
garage? Mr. Fillebrown said that the zoning laws were not in place when I bought the property 
and subdivided it to 1.2 acres each. Atty. Schneiders said that wetlands, vernal pools, etc are hard 
to show on a large lot. You cannot locate anywhere else. There was litigation in Land Court, and 
it was disposed of. Tucker Rd. litigation is pending. The new neighbor is “holding the bag”. Mr. 
Fitzgerald asked if the petitioner needs permission to raze the garage. No…it is gone, stated the 
petitioner. Mr. Pando said to Atty. Schneiders – is it safe to say that this is the only location 
without asking for a variance from the Conservation Commission? Atty. Schneiders stated that 
the Con Comm has a 30ft no touch zone, and the address is Downes Ave. Ponkapoag should be 
the way to get in. The driveway goes to Downes Ave. and Tucker Rd. Access is both ways. A 
utility pole was relocated. Mr. Pando stated that he was confused. On the exhibit he has, on land 
owned by Marciniak (former owner), that is an easement of use, not of plan. The Court did you a 
disservice to tear down the structure. You lost the pre-existing non-conformity. As for it being a 
substantial hardship – to store vehicles for a hobby is not a hardship. Also, the wetlands 
protection plan was in effect when you bought the land. Atty. Schneiders said he thought he had 
a garage. Mr. Pando does not think this is a hardship. He was concerned that the new abutter 
was not here. Chairman Carroll stated that she was at the last meeting. Mr. Fitzgerald moved to 
grant a Variance to reconstruct a garage and replace a prior garage for purpose of storing antique 
cars. This garage would be 34ft x 25ft, no higher than 15ft., in accordance with Exhibit A and 
voted 3-0 unanimous 
that an As Built Plan be submitted to this Board. Seconded and to grant a 
Variance.