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HomeMy WebLinkAbout1989-12-12The Board of Appeals held a regular meeting on Tuesday evening, December 12, 1989 in the Selectmen's Meeting Room. The meeting was called to order at 7:30 p.m. and the following members were present and voting: William Sullivan, Vice-chairman, Augustine Nickerson, Clerk, Walter Soule, Raymond Vivenzio, Anna O'Connor and Louis Rissin. Mr. Robert Nicetta, Building Inspector, also attended. PUBLIC HEARINGS C. Richard Barrett Special Permit - Lots 25 & 26 Coventry Legal notice read by Mr. Nickerson. Contractor stated that before construction they have to have removal of earth in order to build the house and the sewer line. The amount of fill for the driveway and the foundation does not need a Special Permit but they do need one for further removal of earth in the back yard. 19,000 cu. yds. to be removed, the 13,000 cu yds will be for the yard. Lot has a two- for-one slope. The matter has been discussed with the Planning Board and the NACC has been contacted and they have no objection. The fill will be going down the street and will remain in North Andover. The material has to be removed in order to build a house on the lot. Any conditions put on by the Board will be done. Mr. Serio asked if anyone was in favor, no response. He then asked if there were any questions. Barbara Hubbard of 151 Coventry Lane questioned where the fill would be going on Coventry Lane, and was told by the petitioner that it would be down the street from her and not across as she had thought. She spoke for some of the neighbors about the damage done to the lawn and driveways as well as reflectors because of construction in the area. She wanted to know who would be responsible for any of this damage. She has lost a sprinkler head as well, and claims that all of the road is muddy and a mess. There has to be some stripping of the trees, but they are taking every tree down. If some one can take responsibility for the damage to their land she will not object. Mr. Sullivan asked if Lot 25 was the objection and Mr. Barrett said the lot next to his is number 24 and that they would handle any damage from his lot. She had to put boards up on her driveway to keep the trucks out of her yard. When she reported it to the police, they told her that she had to actually see the damage being done in order for them to do anything. Mr. Vivenzio stated that the truck company should be responsible for the damage and not the petitioner. Mr. Nickerson asked if the lots on each side of Lot 24 were occupied and what impact it would have on Lot 27. Mr. Sullivan asked if the Board had any more questions. Mr. Barrett stated that they would take the responsibility of any damage done to Mrs. Hubbard's land, and would do the repairs necessary. Mr. Barrett said they have an insurance company to cover this. Attorney for the petitioner stated that Mr. Barrett and Mr. Strong have worked in the North Andover area for three (3) years and they are very reliable. Mrs. Hubbard said that she has no complaint with Mr. Barrett but does want to make sure that it does not happen again. She also questioned if there was anything that NACC could do about leaving trees on the lot. Mr. Sullivan said that when we hear from NACC we will know. Mr. Nickerson asked if any thing had been done on the lot and Mr. Barrett stated that 25 trees had been taken down on the lot. In order to build a home on the lot you have to take most of the trees down said the engineer. Mrs. Hubbard then stated that they left a row of trees behind the two lots but the next day they were gone. A plan was submitted to the Board requesting an extension of 20' for the back yard, this would remove additional earth for a 50' back yard, and claims that the overall scope will not be affected. Petitioner said no further trees would be removed. Mr. Vivenzio stated that the plans the Board has do not reflect this request, and said that the final coat of pavement has not gone down on the street as yet. The engineer said that at the present time there are no real boundries and they want to be done before the street goes in. Mr. Sullivan asked when they wanted to start and the Attorney said as soon as possible and it should take 60 days from the time they start. Mr. Nickerson asked if the earth removal would be on a down slope or an up slope? The engineer said it will be relatively level. The plans were shown to the Board and explained. Barrett - con'd Page 2 Mr. Soule asked how many truck loads would be taken off site? Attorney for the petitioner said about 15 cu. yds per truckload and less than 20% will be going out of the area. 80% will be staying in the sub-division. There would be about 1,500 truckloads altogether per lot. Mr. Soule said he is concerned about the safety and the neighborhood. Mr. Nickerson asked where they needed all that earth. Mr. Barrett said they feel it is a major disturbance to the area so they bought an earth sweeper and have been doing the streets now to keep the dust down. They feel it would be about two (2) months work for the removal. Mrs. Hubbard asked if each house would have its own driveway and was told yes. Mr. Vivenzio asked if these were the last lots in Coventry, and was told yes except for Lots 1, 2, and 3, most of the other lots are in process. Mr. Bob Sido, 167 Coventry Lane stressed that Mr. Barrett has built many houses and he is diligent in staying with the contractors. The earth that is going to be removed will be a good thing for the neighborhood. If they are diligent in using the sweeper, it would be great for everyone. Upon a motion made by Mr. Rissin and seconded by Mr. Nickerson, the Board voted, unanimously, to take this matter UNDER ADVISEMENT. (Sullivan, Nickerson, Soule, Vivenzio and Rissin). N. A. Country Club Variance - 500 Great Pond Road Legal notice read by Mr. Nickerson. Tom Childs, member of the club and Bill Leone spoke for the petitioner, stating that they want an outbuilding on the golf course for the players to take shelter in, incase of rain. They want to replace the building already there, and add a storage shed to the new building. The new storage shed will have no heat, water, electricity or plumbing and will be used only for the club players. Mr. Sullivan asked if there would be any removal of trees and Mr. Child said no and that any earth removed would be replaced and that would only be a few cubic yards of fill. Mr. Sullivan asked if any tributary on this side that would lead to the lake, and Mr. Childs said no. Mr. Sullivan asked if anyone was in favor of this petition, no response. Mr. Ed Nieburger, Great Pond Road wanted to look at the plans and shown where they will dis- pose of the old building that is being taken down. There have been things in the creek or stream and they have run onto his land and disturbed the top soil. Mr. Sullivan asked what the Country Club planned to do with the old building. Mr. Childs stated that the construction debris box will be on site and when it is filled it will be taken away. Mr. Nieburger was satisfied with the plans and the remarks of the Board. Upon a motion made by Ms. O'Connor and seconded by Mr. Nickerson, the Board voted, unanimously, to take the matter UNDER ADVISEMENT.(Sullivan, Nickerson, Soule, O'Connor and Rissin). John & Eileen Burns - Variance - 100 Farnum Street Legal notice read by Mr. Nickerson. Mr. Burns spoke for himaelf stating that they need expansion on the left side of the house and because of the zoning bylaw and the shape of the lot, there is not a lot of flexibility. This area would be the least offensive and least opposing to the neighborhood. The other side of the house would need to have the driveway removed and put on the other side of the building. Mr. Vivenzio stated that the plans do not come near what we need by the Board to see the proper placement of the house and addition. Mr. Sullivan stressed that the Board could not make a favorable decision on this petition with the plans as shown. He advised Mr. Burns to get in touch with the Building Inspector so that the plans could be drawn to scale, Upon a motion made by Mr. Vivenzio and seconded by Mr. Soule, the Board voted, unanimously, to CONTINUE this hearing until the January 9, 1990 meeting. (Sullivan, Nickerson, Soule, Vivenzio and O'Connor). Page 3 David H. Pickles, trustee Of Salem St. Realty Trust Variance Lot B, Salem Street Legal notice read by Mr. Nicke~son. Attorney Scalise spoke for the petitioner. He stated that the Board wanted new plans because of the setbacks. He had the new plans and showed them to the Board. The house is now totally out of the 100' setback. There will be a certain excavation around the house and they need a variance for this, for about 20' that will be needed near the house. The setbacks show 20' from the side lines and whether this is a front line or not. The rear lot line is off and most distant from the front. They discussed just what the frontage of a house is and that it does not have to be on the street. He does not feel that they need a variance because of this difference. He stressed that there is no other place to put the house on that lot,~except where it is. He said they feel that they have done everything that can be doneto satisfy the Board. The first variance they asked for was for 20' inside the wetland, now the house is outside the wetland. Mr. Nickerson asked Attorney Scalise to explain the plans to him, especially the septic system. Mr. Sullivan and Attorney Scalise had a discussion on what was a front and rear lot line. They agreed that the shape of the lot governs this most of the time. Mr. Nickerson asked about the sewer line, and Attorney Scalise stated that the petitioner would tie into the line as soon as the line is closer. Letter from NACC read by Mr. Nickerson and letter from Chris Huntress, Planner read by Mr. Nickerson. Attorney Scalise spoke about this letter and said this did not apply because of the three (3) year bylaw. He stated that he took it to the ZBA because he had taken another one to the Planning Board and they did not want it and advised him to take it to the ZBA. He said that he had tried to go before the Planning Board and Mr. Huntress was the one that told him to go to the ZBA. He referred to a letter from the previous Town Planner, Scott Stocking, about this situation and also that the Board of Health was also locked in to this three (3) year bylaw. Any new lot would require a Planning Board decision. Mr. Sullivan asked Bob Nicetta if he felt that this petition was at the right Board, and also asked who the staff was that Chris Huntress referred to and Mr. Nicetta said, Chris. Mr. Vivenzio stated that he thinks this letter from the Planning Board is a misunderstanding of the writer. Upon a motion made by Mr. Rissin and seconded by Ms. O'Connor, the Board voted, unanimously, to GRANT the variances as requested, subject to the following condition: As soon as the sewer system is available on the street, in front of this parcel, the petitioner must tie in to it, within one (1) year thereafter. The Board finds that the petitioner has satisfied the provisions of Section 10, Paragraph 10.4 of the Zoning Bylaws and that the granting of these variances will not derogate from the intent and purposes of the Zoning Bylaw nor will it adversely affect the neighborhood. It was determined that the 1987 bylaw, which was the bylaw in effect at the time of the formation of this lot, is the applicable law at this time. As such, this Board has jurisdiction thereunder. (Sullivan, Soule, Nickerson, O'Connor and Rissin). Mr. Giarusso, present property owner, spoke and stated that he would tie into the sewer line as soon as possible. Robert A. Smith Variance 270 Marblerid~e Rd. Legal notice read by Mr. Nickerson. Keith Coleman spoke for the petitioner. He said that Mr. Smith wanted to put a family room onto the house. The house has been there since 1964. A drainage pipe comes through and into the back yard of Dr. Smith's. Ail the pipe is underground. The system has been there since the Smith - con'd Page 4 house was built and has caused no damage. There should not be any impact on the area or land. The addition will be on the rear and has the approval of the NACC. Mr. Soule asked to be shown the wetland area on the plans, and then Mr. Nicetta told him that it was the third house in. Mr. Keith Coleman stated that it is in the Spring and then only when the water table is up high. The pool has been there for fourteen (14) years. The lot is located across from the Ridgewood Cementary. It is a one-story addition, poured foundation. Mr. Sullivan asked if the pipe enpties into a pond and then into the holding pond. He was told that it is 71' away from the wetland, and would eventually go into the holding pond. Mr. Sullivan asked if there were any questions from the Board. Mr. Rissin said if this was a new house it would concern him but not for an addition to the existing house. Mr. Nicetta said that when the pool went in, it was 30" into the next lot and it is shown in the deed for 4'. Mr. Sullivan asked if anyone was in favor or opposed to this petition, no response. Mr. Nickerson asked what the problem is about the middle section of the house for an addition, and Mr. Smith stated that it is a breezeway and mud room. Upon a motion made by Mr. Soule and seconded by Ms. O'Conner, the Board voted, unanimously, to GRANT the variance as requested.(Sullivan, Nickerson, Soule, Vivenzio and O'Connor). DECISION N. Andover Country Club - Variance 500 Great Pond Road Upon a motion made by Mr. Soule and seconded by Mr. Rissin, the Board voted, unanimously, to GRANT the variance as requested, subject to the following conditions: 1. Ail debris from old shed be disposed of off site. 2. During construction some sort of restraint, such as hay bales be used to control the run-off of siltation to the lake. 3. Demolition permit must be obtained from the Building Department. 4. Form must be signed by the applicant making the State aware of the disposal site for the debris, administered through the Building Inspector. (Sullivan, Nickerson, Soule, O'Connor and Rissin). C. Richard Barrett - Special Permit - Lots 25 & 26 Coventry Mr. Robert Nicetta, Building Inspector, explained why and how Mr. Barrett wants to handle the building of these two (2) sites. They will try to level out the third lot to make it buildable. Mr. Nicetta stated that Mr. Barrett is agood contractor and Mr. Nicetta feels that he is very dependable and will live up to any conditions the Board wants to make. The Board discussed the matter and decided to continue the hearing so that more of an excavation plan be presented, as well as revised plans in more detail, show- ing erosion control, and to where the off-site will be going. (Sullivan, Soule, Nickerson, Vivenzio and O'Connor) A discussion between the Board and Mr. Nicetta, Building Inspector was held regard- ing Haffner's signs. They both wanted to know why we haven't heard anything from Town Counsel about this matter. Ms. Nelson, Director has written a letter and Mr. Nicetta has called many time, with no results. Mr. Peter Halsey of Mobil Oil Co. is thinking of taking action against the Town because of the signs that Haffner's still has up. Mr. Nicetta is requesting that Haffner's come to the Selectmen's Haffner - con'd Page 5 Meeting and explain the reason for not getting this done. Board will send a letter to Mr. Nicetta requesting that the Board and Mr. Nicetta go to the Selectmen's Meeting about this~ The meeting adjourned at 10:00 p.m. The next regular meeting will be on Tuesday evening, January 9, 1990 at 7:30 in the Selectmen's Meeting Room. Audrey W~'Taylor,~ecretary William Sull~ .van, Vice-chairman