ZB02-10-11

Source page 1

Minutes of the Meeting of February 10, 2011 
 
PRESENT: Paul B. Carroll, Chairman 
 Gregory L. Pando 
 John S. Marini 
ALSO 
PRESENT: Velma J. Coffey – Recording Secretary 
Kevin T. Feeney – ZBA Alternate Member 
 
Mr. Carroll opened the meeting at 7:10 pm in the Salah Meeting Room, Memorial Hall. 
Canton Dental Collaborative/L&G Nom. Tr–726 Washington St–03-11-SPA-SP-V 
 
(CONT’D TO 2/24/11 
Petitioner to construct addition to 2 story bldg with new parking area 
PER PETITIONER) 
 
SCHEDULED HEARINGS 
Kevin Brophy – 55 Birchcroft Rd – 06-11-V 
(Raze and construct, variance for lot width/build factor). Chairman Carroll reads the petition. 
This property has about 17,000 s.f. and is in a Single Residence B district. Mr. Brophy appeared 
before the Board. This house has been vacant for about 4-5 years. It has been gutted. This house 
is infested with termites. Chairman Carroll said this petitioner needs a Special Permit. Mr. 
Pando stated it meets all requirements except for lot width. He does not need relief on build 
factor. Chairman Carroll reads By-Law Section 5.4. Mr. Pando said he is not clear on 
abandonment. Section 5.7.3 – Special Permit is required. it is voluntary demolition. Chairman 
Carroll said it does meet current zoning. Mr. Pando said it allows us to issue a Special Permit 
before demolition. He needs lot width through the building, which requires a Variance. Mr. 
Marini said this house should be torn down, it would need a variance for lot width. Mr. Pando 
stated this is a new feature in re-codified by-laws. Chairman Carroll references 5.7.3 for Special 
Permit and 5.4 for a Variance. (Anticipating future legal questions on the new by-laws). 
Chairman Carroll looks at the photos submitted and the drawings and elevations. Mr. Pando 
made a motion to allow Variance per By Law Section 5.4 for lot width through the building, less 
than required. And Special Permit per Section 5.7.3 to allow construction in accordance with plot 
plan submitted from Sharon Survey Service dated Dec. 21, 2010 and architectural drawings from 
David Tonis, E. Bridgewater, MA dated December 2010. Upon completion, a foundation plan to 
voted 3-0 unanimously to approve 
be submitted for the files. Seconded and . 
 
Joseph & Marie Shea – 440 York St – 07-11-V 
Renew expired Variance. Const ruct detached garage & replace kitchen. Chairman Carroll reads 
petition. This is a SRAA district. Mr. Shea appeared before the Board and explained they would 
like to modify the previous decision by doing work on the kitchen in house. The garage is 26ft x 
26ft, which is the same as previous, plus expand the kitchen/modify the layout. Side yard relief is 
needed. They love the neighborhood and want to stay here. He stated that no matter what he does, 
they will need relief. The garage is 69.2ft from the right of way (ROW) on the front, and 16.5 ft 
from the side yard. He is 16 ft from the street setback (60 ft is required). Will be 35.6 from side 
(40 ft is required). Chairman Carroll noted the by law section 5.4 for variance. (side and front on 
garage, kitchen on side) Mr. Pando noted they have 3 issues: County layout, paved surfaces and