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HomeMy WebLinkAbout1989-11-14The Board of Appeals held a regular meeting on Tuesday evening, November 14, 1989 in the Selectmen's Meeting Room at 7:30 p.m. The following members were present and voting: Frank Serio, Jr., Chairman, Walter Soule, Raymond Vivenzio, Anna O'Connor and Louis Rissin. Mr. Vivenzio acted as Clerk. Building Inspector, Robert Nicetta was also present at the meeting. PUBLIC HEARINGS North Andover School Committee - Variance & Special Permit - 266 Waverly Road Mr. Vivenzio read the legal notice. Mr. Mark DiSalvo introducted the people making the presentation and thanked the TRC and the Building Inspector for their help. Mr. Martin Kretsch, architect for the school construction showed the Board and the people at the meeting the plans for the new Thomson School. They want to reduce the number of parking spaces required by the bylaw. He said that on Thursday night, N vember 16, 1989 they have a site plan review at the high school with the Planning Board. The site plans were shown to the Board. The new building will be a two- story one and the old building will be left up untilthe new building is completed. The driveway on the side will be turned into a parking zone and a play area. The bus drop-off will be offstreet. The bylaw calls for 89 parking spaces, but they feel they do not need 89 spaces. The present school has 11 spaces for parking and the new school willhave about 50% more children, so they want 22 spaces for the employees and allow 13 spaces for visitors, etc. At night the play area would take care of 20 more cars and an additional 5 cars could use the bus dropoff area. They want to leave as much green space for play area as possible. Ms. O'Connor asked about the PT meetings, and Mr. Kretsch stated that is the reason for the additional spaces from the play area and the bus drop off area. No one from the audience spoke for this petition. Letter from Superintendent of Schools, George I. Blaisdell read to the meeting by Mr. Vivenzio(see file). Don Fountain, Safety Officer for the Fire Department said that he is opposed to the reduction of the parking spaces. Stated that they have many problems with parking at the other schools, and have to reroute traffic at times. He does not feel that 60 parking spaces for 300 children is enough. People are going to be parking on all of the streets in the area and he does not see re- ducing parking spaces at the new school. Mr. Serio stated that they are asking for a reduction of the 89 spaces. Mr. Fountain said even when school is being released, there is a severe problem in Town. Mr. Rissin asked if Mr. Fountian was recommend- ing that the 89 spaces be insisted on. Mr. Serio asked what the problem was with asking for fewer spaces? Mr. Kretsch told the Board that the Fire Department and the Police Department have been asked about this and it has been discussed at length. Mr. Serio stated that as far as the safety of this plan~, the Fire Department is in favor of it. Mr. Fountain stressed that the Safety Officer for the Fire Department is no longer Mr. Melnikas. Mr. Fountain is now the Safety Officer and he does not approve of the reduction in parking spaces. Mr. Vivenzio asked if any written report was received from the original Safety Office, Mr. Melnikas. Mr. NIcetta, Building Inspector, stated that he had been at the TRC meetings and there were many different decisions made and reviewed. Due to the area of the site of the school, there has to be some play area for the children. If all the parking spaces were allowed, the whole yard would have to be paved. After many months of hard work it was decided that this is the best way to handle the situation. Mr. Fountain said he had a problem with the apparatus being able to get around the building and up to the building in case of a fire. The additional parking spaces would be more cars off the road during the day or night. Mr. Serio said that only one or two nights a year would there be a problem, to which Mr. Fountain stated that it is not the case, it is every Friday night. Mrs. Leary, an abutter, asked if this parking question was relative to just the Thomson School or for all schools? Mr. Kretsch said just the Thomson School. North Andover School Committee - con:d Page 2 Upon a motion made by Mr. Soule and seconded by Mr. Rissin, the Board voted, unanimously, to GRANT the variance, and allow the petitioner to WITHDRAW WITHOUT PREJUDICE the Special Permit requested.(Serio, Soule, Vivenzio, O'Connor & Rissin) North Andover School Committee - Variance & Special Permit - Between Johnson & Abbot Street Legal notice read by Mr. Vivenzio. Mr. Kretsch, architect, spoke for the petitioner. The new school will be a two-story building for 600 students. The areas of concern are the school building, wetlands, play field area and parking spaces. The parking has to be worked around the wetlands. The new building will have two assembly spaces, a gym for 200 and a cafatorium for 428. Bylaw requires 157 parking spaces. Day time use of 53 staff people, 90 spaces provided plus bus drop off space. For evening meeting the visitor spaces and the bus drop off area could be used. He feels that this is an adequate number parking spaces for this school. The "green" space cannot be taken for parking per order of the State. These plans have been looked at by the Fire Department and the Police Department and no objections have been stated. Mr. Vivenzio read a letter from Mr. Blaisdell and a letter from Mr. Martin Kretsch(see file). Mr. Serio asked if there is any additional parking that could be used in the evening, and Mr. Kretsch stated that there would be 122 spaces available. Mrs. Leary, an abutter came up to the front to look at the plans and have Mr. Kretsch show her just where the parking would be. She was anxious as to how close to her house they would be and how near her property is to the new school. Mr. Kretsch explained the site to her in detail. Mr. Vivenzio asked if there were any plans to alter or improve Abbot Street and Mr. Kretsch said none at this time. Mr. Soule asked if Abbot Street was two-way and was told yes. Mr. Serio stressed that the issue here tonight is the number of parking spaces. Mr. Rissin asked why only 60 spaces for 300 people and only 120 spaces for 600 students? Mr. Kretsch said the authorized parking makes up the difference. Upon a motion made by Mr. Rissin and seconded by Mr. Soule, the Board voted, unanimously, to GRANT the variance as requested and allow the peitioner to WITHDRAW WITHOUT PREJUDICE the Special Permit requested.(Serio, Soule, Vivenzio, O'Connor and Rissin). Evelyn, Vincent & JOseph Helfrich Variance 56-58 Union Street Legal notice read by Mr. Vivenzio. Attorney J. Willis spoke for the petitioner. This property is one of the small areas presently zoned GB. They want the area re- zoned to R4 and if the Board grants this petition they will go to the Town Meeting and ask that it be changed to R4. There was a small store in the building before and they would like to make it an apartment and not use it for business purposes. They want it 100% residential and would construct an apartment as shown on the plans. The shed would be removed from the area to allow for two (2) parking spaces. There is presently one (1) parking space but it needs to be redone, presently paved. The petitioner would like to keep the area residential and eliminate the store. Mr. Vivenzio asked how long the store had been vacant, and was told about 1-1½ years. Mr. Rissin asked about the square footage and was told 1,300 sq. ft. Mr. Serio questioned about the number of parking spaces, and Attorney Willis said 8-9 shown on the plans and the shed would be removed, it is a 1-story shed that will be removed. Mr. Serio asked how many apartments would be there, and Attorney Willis said there would be two 2-bedroom in back, one 2-bedroom in front and the store would be converted into the 4th apartment. Mr. Serio asked if they had ever come to the Board before regarding this, and Attorney Willis stated no. Mrs. Marinelli of Union Street, an abutter, stated that the entrance way is very tight now and she does not feel that there is any way they can get in and out of the driveway safely. Helfrich - con'd Page 3 Mr. Serio asked if there were any more multi-family homes in the area snd was told that most of the houses are two-or single-family. If this petition is denied the three apartments that are there will stay and the botton floor will be used for business. Attorney Willis said that the parking will be improved substantially and if the Board members could take a look they would see this. Mr. Serio asked what the space between the buildings was, and was told it is a garden and green area. Mr. Serio asked how big the area on the second floor was, and was told that it is a 2½ stall garage converted into an apartment. Don Fountain stated that it is attached to the front building as an addition. Mr. Serio stressed that the petitioner had too much in a small space and asked the Building Inspector is this was legal. Attorney Willis stated that they would be one parking space short of the required amount. Mr. Serio said that the parking spaces should be 10' x 20' and the ones shown on the plans are only 8' wide. Mrs. DiNietto asked if the area is zoned all residential, would a business in the home be affected. The Building Inspector said no. The abutters agreed that they do not want the property to go downhill and want to make sure the property is taken care of. One of the neighbors had been cutting the grass all year. Mr. Serio suggested they remove the building in the back and add one more apartment in the front. Attorney Willis said that the alternative is to put an office in the building. Mr. Heider, abutter, said he did not see how they could put another apartment in the building, it would be a multi-family or a gmoup of noisy young people. Mr. Serio ' asked what the address of the apartment in back, and Don Fountain stated that it does not have an address, and would be difficult for the Fire Department to find in case of an emergency. Mr. Serio asked if there were any closing arguments and Attorney Willis said they need a variance and if not granted would try to find a business for the first floor. Upon a motion made by Mr. Rissin and seconded by Ms. O'Connor, the Board voted to DENY the variance as requested. The vote was as follows: In favor of denial: Mr. Serio, Mr. Vivenzio, Ms. O'Connor and Mr. Rissin, and opposed: Mr. Soule. (Serio, Soule, Vivemzio, O'Connor and Rissin). Mr. Serio asked Mr. Nicetta, Building Inspector, about the permits for the other addition, and he said that they were given out by the previsou Building Inspector. Crusader Paper Variance & Special Permit - South side of Clark St. Legal notice read by Mr. Vivenzio. Attorney Willis spoke for the petitioner stating that permission had been granted by the Lawrence Airport Commission to go into the airport land in order to make the walls lower and more secure. The material will be used off-site and it will be a much safer design than shown before. There will be rip rap in the area. Mr. Nicetta, Building Inspector, stated that he is happy with the new slopes and it is safer and will be better for the property. There will be a fence along property lines. Letter from Lawrence Airport Conunission read by Mr. Vivenzio(see file). Mr. Serio asked if any one in the audience opposed this petition and had no response. Upon a motion made by Mr. Vivenzio and seconded by Mr. Rissin, the Board voted, unanimously, to GRANT the variance and Special Permit as requested(Serio, Soule, Vivenzio, O'Connor and Rissin). Ronald F. Pollone Variance & Special Permit - 185-187 Main Street Legal notice read by Mr. Vivenaio. Mr. Pollone spoke for himself stating that it is all interior work that will be done and he wants the 2-family house increased to a 4-family dwelling, one-bedroom in each apartment. There will be a fence between the property and the condo complex. A survey is presently being done, and Mr. Pollone and the condo complex will pay for a new fence. There is a fence in the back already. Pollone - con'd Page 4 Mr. Willis asked if the petitioner wanted a fence there, and Mr. Pollone stated that without the fence people will cross his property and he does not want to be liable for them. Mr. Serio said there will be a circular drive and petitioner could use either. Upon a motion made by Ms O'Connor and seconded by Mr. Soule, the Board voted, unanimously, to GRANT the variance and Special Permit as requested.(Serio, Soule~ Vivenzio, O'Connor and Rissin). Robert Haffty & Sandra S. Martin - Variance - 66 Harold St and 288 Middlesex Street Legal notice read by Mr. Vivenzio. Ms. Martin spoke for herself stating that there is a house on Middlesex St and a house on Harold St and they are connected by an 85' walk- way. The house on Harold St is 3-years old and the house on Middlesex St is 60-years old. It is presently listed as condos and the condo trust has never been used, and it can be eliminated. She stated that John Tuttle had done this. Building Inspector, Bob Nicetta stated that he has a problem with this and had received a complaint today that the catwalk had been demolished and now we have two houses on one single lot, and this' is not a condo any more. This catwalk cannot be taken down without permission. Mr. Vivenzio stressed that this would be a condition of the decision if it is granted. Ms. Martin stated that the condo has already been disolved. The land was originally 2 small lots. Mr. Vivenzio asked if this could be divided? Marilyn Hilton, an abutter, said she had called the Building Inspector about 3 years ago and he told her that it was grandfathered in and was told that it would be a beautiful addition. She does not feel that it should be made easier for the new owners by letting them take the catwalk down. Phil Bartol, an abutter at 288 Middlesex Street lived on this street before this house was added, and wanted to know how you can have the house on Middlesex Street and the addition on Harold Street. He stated that the Board of Public Works signed the plans for the water, etc. Mr. Vivenzio said that he thinks taking the catwalk down is a betterment for the neighborhood. Mr. Bartol asked how it could be a condo without the hall connection? Mr. Serio asked the petitioner how much square feet of land they owned. He was told that the Hilton lot is twice the size of the Martin lot. Attorney Willis stated that the Board would have to make two undersized lots and put some conditions on the decision. Ms. Hilton feels that some of the driveway is on her land. Mr. Soule said that the Board wants to do the best for the Town and tries the best they can. Mr. Serio stressed that the bylaw has been changed so that this type of thing will not happen again. Ms. Martin stated that the catwalk was taken down because the condo trust was eliminated and her attorney said she did not need the catwalk, so it was taken down. Mr. Serio asked Building Inspector, Robert Nicetta, if there was any law for penalizing a person for taking the catwalk down, and Mr. Nicetta said yes, it could not be tak~ · down without a permit. Mr. Soule emphasized that the Board does not have the power to enforce any laws but the Building Inspector is the enforcement officer. Upon a motion made by Mr. Vivenzio and seconded by Ms. O'Connor, the Board voted to GRANT the variance as requested, subject to the following conditions: The vote Contigent on satisfying the Building Inspector regarding demolition of the connector between the structures without benefit of a permit to raze, No further addition to either property unless they fully comply with zoning requirements. Only a single-family residence allowed on each lot. The connector between the structures be completely removed pursuant to a permit to raze to be issued by the Building Inspector. was as follows: In favor; Mr. Serio, Mr. Soule, Mr. Vivenzio & Ms. O'Connor. Opposed: Mr. Rissin CONTINUED PUBLIC HEARING David H. Pickles, Sr. Trustee Salem St. R. T. Variance Page 5 Lot B, Salem Street The Board reviewed the petition from last month, it is grandfathered in. Attorney Scalise spoke for the petitioner, stating that the Board was not satisfied with the old plans because they did not show the tributary on the plans. The mylar copy has the tributary on it, but not the paper copies. The closest wetlands are no closer than 74' to the house. The NACC has seen these plans and have asked that the house be moved further away from the wetlands. It would put the house 94' away from the tributaty to the Lake. The actual distance is 6' in the wetland. Attorney Scalise wants to transfer the new plans for the old plans. Mr. Serio Stated that he feels it is a better plan for the Board. This takes the septic system out of the corner and moves the system up front and it is downhill. The alternative was to hook into the sewer system and it would cost $29,900, and that was to much money. Attorney Scalise would like the Board to approve the new plans so that they will not have to come back again. Mr. Soule stressed that it is a long stretch from the house to the septic system, it is 100' from the house.. Discussion on where the front of the house would be. Right now the petitioner needs a variance for the 30' setback, and a 10' variance for frontage. The new septic system will be in front. Upon a motion made by Mr. Soule and seconded by Mr. Rissin, the Board voted, unanimously, to ALLOW THE PETITIONER TO WITHDRAW WITHOUT PREJUDICE. The petitioner was advised by the Board to resubmit his application with the correct detailed plans, so the Board can consider this petition at its next meeting.(Serio, Soule, O'Connor and Rissin). CONTINUED REVIEW Leahy - Variance - 90 Middlesex St. After a short discussin between the Board and the Building Inspector, it was determined that a new myler was needed with the correct dimensions on it. Mr. Vivenzio took the old myler to give to Attorney Shaheen and request the new one. It should read - garage, 2' rear, side 26.44'. The meeting was adjourned at 9:55 p.m. The next regular meeting will be on Tuesday evening, December 12, 1989 at 7:30 p.m. in the Selectmen's Meeting Room Audrey W~ Taylor, ~ecretary