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HomeMy WebLinkAbout1989-05-09The Board of Appeals held a regular meeting on Tuesday evening, May 9, 1989 in the Conference Room/Library of the Town Building. The meeting opened at 7:30 p.m. with the following members present and voting: William Sullivan, Acting Chairman, Augustine Nickerson, Clerk, Walter Soule, Raymond Vivenzio, Anna O'Connor and Louis Rissin. Mr. Robert Nicetta, Building Inspector was also present. PUBLIC HEARINGS Bruce & Joan Tronic Variance 35 Turtle Lane Legal notice read by Mr. Nickerson, Clerk. Mrs. Tronic spoke for the petition stating that they need more living space for the family and want to add a basement addition so they need a variance. Mr. Soule asked how far away from the next house they were and she said she did not know, but Mr. Nickerson stated that he had been out to look at the site, and would guess it was about 75'. No one from the audience spoke for or against this petition. Mrs. Tronic said that none of her neighbors objected to this variance and none from the Building Inspector. There is no other way to do it and it will be on the existing driveway. Mr. Sullivan a~ked if there was any of this land that could not be used, and the answer was no. Upon a motion made by Mr. Nickerson and seconded by Mr. Soule, the Board voted, unanimously to that this matter UNDER ADVISEMENT. (Nickerson, Soule, Sullivan, Vivenzio and Rissin). In-Law Realty Trust Special Permit 200 Sutton St. Legal notice read by Mr. Nickerson, Clerk. The petitioner spoke for himself stating that he needed the signs there until the redecorating and new canopy are put in. He stated that they are a full-service station and Sunoco signs are supposed to be supplied by Sunoco. Mr, Sullivan asked if any one was in favor of this petition and Mrs. Carrie Crouch stated that as an abutter they had no opposition to this petition. She stressed that the petitioner runs a fine station and feels that the price signs should be on the canopy in order to be visible to the public. Mr. Nickerson stated that most stations have their pricing on the logo, and this should be followed by all stations. Mr. Nicetta said that in December we had a hearing on Getty 125 station and we the decision made then we use as an example for other station signs. He stressed that every station in town would have the price signs interfaced and should be done by March 31, 1989, and that all stations were notified of this. Everyone has done this except one station and they are involved with Town Counsel now. The Building Inspector does not see how we can entertain the thought of letting this price sign remain on the canopy until they get the new work done. The Sunoco Co. has received notice on August 10, 1988, September 9, 1988 and again on December 27, 1988 and we do not feel that this should be granted when everyone else has had to comply. We allow the identification signs and the price signs on every property. This station has six (6) signs there now and some of these have to come down. Mr. Nicetta showed the Board the type of sign that should be there. On April 11, 1989 the petitioner took out a permit for a sign. Mr. Blais took the sign permit out. Mr. Blais said he would have to wait because of the price(S6,000) to replace the signs, so he has a canopy with some signs on it and the company does not have replacement panels so he can't take the signs down now. He has a contract with the Sunoco Co. and the contract will be renewed in June. Mr. Nicetta stated that he cannot allow one person to have all these signs in one place. If they are not taken down the Building Inspector will take legal action. Mr. Soule asked if any happy medium could be reached between the petitioner and the Building Inspector. Mr. Nicetta wants these panels removed, and the petitioner stated that the light would shine through if the signs were removed. Mr. Nicetta said that they could put blue panels in to replace the old signs. The petitioner stated that the signs belong to Sunoco so he cannot take them down without their permission. No one from the audience spoke in opposition to this petition. In-law Realty Trust (con'd) Page 2 Upon a motion made by Mr. Soule and seconded by Mr. Vivenzio, the Board voted, unanimously, to take this MATTER UNDERADVISEMENT.(Sullivan, Nickerson, Soule, Vivenzio, Rissin) John & Susan Greeley Variance 192 Stonecleave Rd. Legal notice read by Mr. Nickerson, Clerk. Ms. Greeley spoke for herself and stated that they wanted to move the addition back further on the land. They are on a cul-de-sac and none of the abutters object to this variance. No one spoke in favor or against this application. Upon a motion made by Mr. Vivenzio and seconded by Mr. Nickerson, the Board voted, unanimously: to GRANT the variance as requested.(Sullivan, Nickerson, Soule, Vivenzio and Rissin). Joan & William Tarkulick - Variances - 784 Winter Street Legal notice read by Mr. Nickerson. Mrs. Tarkulick spoke for herself stating that they needed a small part added to the corner. They are far back from the road and none of the neighbors object to this slight change. Upon a motion made by Mr. Vivenzio and seconded bu Mr. Soule, the Board voted, unanimously, to GRANT the variance as requested.(Sullivan, Nickerson, Soule, Vivenzio and Rissin) Elbridse C. Leland - Party Aggreived 11 Marblerid~e Road Legal notice read by Mr. Nickerson. Mr. Leland stated that they do no advertising and they do glazing and have no resale business. They work for contractors and would like to continue to do so. Mr. Leland said that he is an estimator, since 1983 and has been doing it since 1973, when it was parttime. Basically they handle glass and aluminum frames. They have two (2) full-time employees and four (4) business vehicles. The amount of inventory is up and down according to the job, all stored inside, two buildings are involved in the business. The property has none (9) buildings on it, including two (2) houses. The property had been used for this business for a number of years. Mr. Vivenzio asked what zone it is in, and it is R-1. Mr. Leland questioned about it being grandfathered in because this business has been done for so long. Mr. Leland's father spoke in favor of this petition stating that they had 25 acres and seven buildings, three(3) residences, two(2) barns and two (2) warehouses. The father went into business about WW2 time and was the Yankee Trader and he wants his family to take over the business and wants to keep this property in tact and wants to maintain the property. The business takes about 1/20th of the land. From 254 Great Pond Road you cannot see any traffic or activity they they do not have any. The Highway Department will pick up any extra trash. Mr. Start Young of 55 Marbleridge Road stated that he is not opposed to the business and the property is kept up beauthifully and he feels that the petition should be granted. Ton Boschetti of 52 Marbleridge Road and his wife spoke in favor of Mr. Leland. They said that they did not know of any business being run out of this property until they got the legal notice in the mail. They do not think it is a problem and it is very quiet. Abutter at 85 Marbleridge Road feels they have done a great job with the property and sees no reason to discontinue this business. Letter read by Mr. Nickerson from the Building Inspector(see file) to Mr. Leland, dated 2/27/89. Letter from A.C.T. Glass read by Mr. Nickerson(see file), and another letter to Mr. Leland from the Building Inspector read by Mr. Nickerson(see file). Letter from Mr. Leland's attorney read by Mr. Nickerson.(see file). Building Inspector, Robert Nicetta stated that he had a complaint and the law requires that he investigate it. He went and made an on-site inspection and everything was kept clean. There were four (4) trucks on the property and two (2) workers were seen framing and a cutting saw set up, so he had to say it was an illegal business in an R-1 zone. Leland - con'd Page 3 The "yellow pages" of the phone book shown to the Board by Mr. Nicetta. Mr. Leland asked who the complainant was and what the nature of the complaint was. Mr. Nicetta stated that the trucks dropping off the material and just the trucks coming and going. Mr Soule asked if the Building Inspector had any guidelines to cover this situation and Mr. Nicetta said that he referred it to the ZBA so all the opportunities could be given to the petitioner. Mr. Vivenzio asked if this could be considered a home occupation, and Mr. Nicetta said no, it is not in the house. Mr. Nickerson stated the only problem is that the business is not expanded, if you get any bigger uou could run into problems with the neighbors. Mr. Lela stated that they do not want to get any bigger and are not at a level and would like to stay that way. Mr. Leland said that they should not be in the "yellow pages", they should be in the white pages. They need a phone and the telephone company will not take a number for a post office box. They do not get a bill from the phone company for a "yellow Page" ad. When asked about the cutting of the frames, Mr. Leland stated that cutting on the large saw is easier but most of the cutting is done on the job. They are presently doing work in downtown Boston. Mr. Soule asked if the petitioner would be satisfied with the conditions the Board put on the decision about the size of the property used? Mr. Leland said they would be glad to agree with the conditions. Mr. Leland, Sr. said the bottom floor of the cow barn is the part used and when they needed more room they used the other barn~. The next door neighbor is the closest and they have no complaints. Mr. Rissin stated Shat conditions could be the same as for the Rea petition. Mr. Vivenzio asked that the Building Inspector give us a description of the things out there and we would make our decision on that report. Mr. Nickersons stressed that it is a very busy corner. Upon a motion made by Mr. Vivenzio and seconded by Mr. Soule, the Board voted, unanimously, to CONTINUE this hearing.(Sullivan, Nickerson, Soule, Vivenzio and Rissin). Beverly A. Shea Special Permit - 105 Sullivan St. Legal notice read by Mr. Nickerson. Mr. Sachs spoke for the petitioner and they want her parents to live with them and need to have a second floor added to their dwelling for the family suite. A total of 1,625 sq. ft. and the second story would not be over the 25% limit of the bylaw. Photos shown to Board of parents and also the plans for the addition. The only exterior change is the second set of stairs coming out of the back. Mr. Hoyt said he is in favor of this petition. Mr. Nickerson asked to have the square foot area explained. One of the bedrooms upstairs will be for their two children, and the rest of the area will be for the family suite. Mr. Sullivan asked if they realized that we would be putting conditions on the petition and the petitioner stated yes. The Building Inspector has vertified the square footage. No one from the meeting was in opposition to this petition. Upon a motion made by Mr. Soule and seconded by Mr. Nickerson, the Board voted, unanimously, to GRANT the Special Permit as requested, subject to the following conditions: 1. The premises be occupied by Mr. & Mrs. Walter & Lillian Hoyt. 2. The Special Permit shall expire at the time that Walter & Lillian Hoyd cease to occupy the family suite. Recent photos be provided to Board. 3. The Special Permit shall expire at the time the premises are con- veyed to any person, partnership or corporation. 4. The applicant, by acceptance of the Certifiecat of Occupancy issued pursuant to the Special Permit, grants to the Building Inspector or his lawful designee right to inspect the premises annually. (Sullivan, Nickerson, Soule, Vivenzio and O'Connor). Page 4 Andrew & Irene Soucy Variance - 485 Andover Street Legal notice read by Mr. Nickerson. Attorney Scalise spoke for the petitioner stating that the property is on Andover Street and is the last parcel of land in North Andover across from Thomps0n's Resturant. The petitioner bought a house on Winter Street and have had this property on the market since 1987. Want to sell the property for a dentist office. They would eliminate the garage and use that space for part of the parking. The lot is L-shaped and they seek a variance for frontage of 75.92 ft, plus setback of 25' and side setbacks. There will not be any increase in the size of the building, but need off street parking added. Abutters on both sides have been told and they have no objections. Only interior work will be done on this building and the garage will be razed and that space used for parking. Mr. Nickerson stated that it is a private home in a B-4 district. The Bixby Building is B-4 also. Most of the ones in the area have been changed to business. Need a variance to make it a business instead of a residence. Need three (3) parking spaces per 1,000 sq. ft., plus one (1) per employee. There will be one dentist there using two (2) chairs. Mr. Vivenzio said that no site plan review was needed on this. Mr. Nickerson said that there would be two (2) employees, so they would need two (2) extra parking spaces. Mr. Nicetta, Building Inspector stated that the area is 2,432 sq. ft. and needs nine (9) parking spaces - 7 for patients and 2 for employees. Attorney Scalise stressed that there is plenty of oom for parking in the back. They do not want to have to approach the Andover ZBA so the parking will be on the other side of the building. Upon a motion made by Mr. Soule and seconded by Mr. Rissin, the Board voted, unanimously, to GRANT the variances subject to the following conditions: 1. Parking for ten (10) cars be provided. 2. The garage as shown on the plans be razed. 3. The second floor of the building be restricted to storage only. (Sullivan, Nickerson, Soule, O'Connor and Rissin). Frank J. Ragonese Variance 1939 Great Pd. Road Legal notice read by Mr. Nickerson. Mr. Ragonese spoke for himself stating that he has a 1½ story home, one story in rear(20.6' x 45') and showed pictures to the Board. There are six (6) rooms, two (2) bedrooms. The building is non-conforming on the side and claims hardship for this. He will not get any closer to the line than needed. He has owned the property for four (4) years. According to petitioner, Mr. & Mrs. Bartolotta abutters, are not opposed to this addition. Mr. Yameen, owner of the Butcher Boy Market asked the Board questions and also asked Mr. Ragonese where his property abuts his and where Mr. Ragonese planned to put the fireplace. Mr. Ragonese said in the back near the property line. Mr. Yameen asked how far from the' back line would you be and Mr. Ragonese said 230' from the line of the Yameen property. Mr. Ragonese stated that he had about one acre of land. Mr. Yameen stated that the plans were not stamped and signed. Mr. Sullivan told him that they do not have to be when they come to the Board for a hearing. Mr. Yameen said he did not have any problem as long as he does not come any further than the 17'. He does not want him to encroach any more on the 17'. Note: No boundary dispute between the two parties. Upon a motion made by Mr. Vivenzio and seconded by Mr. Rissin, the Board voted, unanimously, to GRANT the variances as requested subject to the condition that no portion of the new structure be closer than 17' to the lot line, and is to be built on the foundation of the existing porch only.(Sullivan, Nickerson, Soule, Vivenzio, and Rissin). Page 5 RECONSIDERATION Donald Johnson Variances 1717 Turnpike Street Attorney Bain spoke for the petitioner. The letter sent to the ZBA from the MA DPW was received the day after the April meeting, a copy was forwarded to Attorney Bain who requested a reconsideration because of additional information contained in the MA DPW letter. Attorney Bain stated that the petitioner would have no problem meeting the conditions of the DPW. He stated that the land behind and on the side is not for sale. He feels that this would be a valuable addition to the area and a convenience for the people in the area. This project should not cause a traffic problem because it will only be one or two cars at a time. The petitioner requests that the vote be recinded. Mr. Sullivan asked if any of the Board would like to discuss this request and Mr. Nickerson said that he had read the letter and is con- cerned about the setback from the road to the building. He feels that there has not been any changes in the setback. Attorney Bain stated that this is the only lot in the zone and it is a small one and should be used for a good purpose. They cannot go back any further because the abutter does not want to sell the land. They have tried to buy it but to no avail. Mr. Soule stated that he sees nothing wrong with the petition as it is. Mr. Sullivan said that the Town Meeting seems to have been more liberal with this kind of area and seems more favorable for business along Route 114. Mr. Nickerson stressed that it is the only area in town that we can put business. When asked, Attorney Bain said that the land behind is zoned either VR or R and the other land is ow-ned by the Comm. of MA. Mr. Soule said that there isn't much that could go in there except something like this and cannot vision what else could go in there. Attorney Bain said that the area in the back is over 10 acres and may never be used. Mr. Nicetta seemed to think that this would have to go for a site plan review. The Board voted, unanimously, for a reconsideration on this petition, and removed the second. Upon a motion made by Ms. O'Connor and seconded by Mr. Soule, the Board voted to GRANT the variances subject to the following conditions: 1. Only one way in and out of this site. 2. The State agrees to this one way in and out. 3. The Board of Appeals see the revised plans and approve of same before the building permit is issued. 4. Plans be submitted for site review. The vote was as follows: In favor, Sullivan, Soule, O'Connor, Rissin Opposed, Nickerson therefore, the petition was GRANTED. CONTINUED PUBLIC HEARING Robert J. Batal Bldrs. - Boston Hill - Variances - Route 114, Turnpike St. Mr. Batal spoke and reviewed the requests wanted. Mrs. B. Fink spoke stating that her major concern was the number of variances needed. The hardship she does not feel is a legal hardship. The pond area in the front appears to extend into the area that she feels the State would want to have for a deceleration land and it should be moved back. Mr. Batal said that the wet pond is original and feel they are still in the right-of-way. A plan has been filed with the State and the NACC and Planning Board. Mr. Sullivan stated that we do not have to deal with this because the State and other Boards will be handling this matter. Mr. Batal said the reason for these plans being this way is that the road coming up this way makes it less hilly. He said the reason for keeping the buildings closer is so they do not have to take out as many trees. The height requirements changed at the Town Meeting but would not apply because this peition was in front of the Board prior to the new bylaw. If the zoning code is better than the building code, the.zoning code would take effect. Robert J. Batal Bldrs., con'd. Page 6 Mr. Sullivan asked what is the lowest to the highest and Mr. Batal said 37'. Mr. Nickerson asked if reducing the size of the street and putting the buildings closer is for the greenery you want to leave? Mr. Batal stated that it is a private road not a street and they had no problem with the Police or Fire Department about this road. Upon a motion made by Mr. Nickerson and seconded by Mr. Rissin, the Board voted, un- anamously, to take this MATTER LrNDER ADVISEMENT.(Sullivan, NiCkerson, Soule, O'Connor and Rissin). A1 Frizelle on original hearing~ DECISION Boston Hill Ski, Inc. Variances Route 114, Turnpike Street Upon a motion made by Ms. O~Connor and seconded by Mr. Soule, the Board vote~, unanimously, to seperate the variance requests into two different items: The first one (A) would cover the Section 7, Paragraph 7.2 variance requests for front and side setbacks, and (B) would cover Section 8, Paragraph 8.1(a) pertaining to parking. Upon a motion made by Mr. Nickerson and seconded by Mr. Rissin, the Board voted, unanimously to GRANT the variances as requested subject to the condition that the request for the 88' setback be made 96', the same as the other 96' variance requested and that the Building Permit will not be issued until the Board has approved the new plans for Item A. Upon a motion made by unanimously, to allow Item B. (Sullivan, Nickerson, Mr. Nickerson and seconded by Mr. Rissin, the Board voted, the petitioner to WITHDRAW WITHOUT PREJUDICE the request for Soule, O'Connor and Rissin). ~ruce & Joa~ Tronic - Variance - 35 Turtle Lane ! Upon a motion made by Mr. Rissin and seconded by Mr. Soule, the Board voted, unanimously, to GRANT the variance as requested.(Sullivan, Nickerson, Soule, Vivenzio and O'Connor). In-Law Realty Trust Special Permit - 200 Sutton Street Upon a motion made by Mr. Rissin and seconded by Mr. Vivenzlo, the Board voted, unanimously, to DENY the Special Permit as requested.(Sullivan, Nickerson, Soule, Vivenzio and Rissin). Andrew & Irene Soucy Variance - 485 Andover St. Upon a motion made by Mr. Soule and seconded by Mr. Rissin, the Board voted, unanimously, to GRANT the variances are requested, subject to the following conditions: 1. Parking for ten (10) cars be provided. 2. The garage as shown on the plans be razed. 3. The second floor of the building be restricted to storage only. (Sullivan, Nickerson, $oule, O'Connor and Rissin). Frank J. Ragonese Variances - 1939 Great Pond Road Upon a motion made by Mr. Vivenzio and seconded by Mr. Rissin, the Board voted, unanimously, to GRANT the variance as requested subject to the condition that no portion of the new structure be closer than 17' to the lot line, and is to be built on the foundation of the existing porch only.(Sullivan, Nickerson, Soule, Vivenzio and Rissin). DECISION Page 7 Robert J. Batal Bldrs. Boston Hill -Variances -Route 114, Turnpike Street The Board voted, unanimously, to have a Special Meeting on Wednesday, May 17, 1989 in the Library/Conference room to further discuss this petition, so the hearing was continued until that time. Mr. Sullivan stated that he would be unable to attend the regular June meeting, and Mr. Nickerson said there is a possibility that he will not be here. Our next regular meeting is on Tuesday evening, June 13, 1989 at 7:30 p.m. Audrey W~Taylor, ~cretary William Sullivan, Acting Chairman