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HomeMy WebLinkAbout1988-03-08The Board of Appeals held a regular meeting on Tuesday evening the 8th of March, 1988 in the Selectmen's Meeting Room at 7:30 p.m. The following members were present and voting: Frank Serio, Jr., Chairman, Walter Soule, serving as Clerk, William Sullivan, Raymond Vivenzio and Louis Rissin. The meeting was called to order at 7:45 p.m. PUBLIC HEARINGS Christopher V. Adams - Special Permit - 1591 Os~ood Street Legal notice read by Mr. Soule. Mr. Adams spoke for himself and stated that the property is opposite Western Electric and contains a minature golf course, which has been there for over 20 years. He stressed that this property is kept in ex- cellent condition at all times. He would like to add a small amusement park in the back similar to one he saw when he was down South. He feels this would benefit the kids and also could be used for charity benefits and contests for the younger people of the area. It is called "bankshot basketball" and would be the first in the area. Another item he would like to put in is an item called "gyro", which is 9' high, 9' wide and 9' long. Plans shown tot he Board of the area that would be used for these items and would be behind the golf course and behind the wall already there. He feels it would be a good form of recreation for the kids. There would be a clubhouse with an attendant, who would hand out the basketballs. Brochure was shown to the Board, and Mr. Adams said that the area would be fully landscaped and make to look very nice and neat. Letter from Scott A. Stockings, Town Planner read by Mr. Soule as follows: "The applicant is requesting to expand a non-conforming use(miniature golf course) with- in an industrial-S (I-S) Zoning District, Staff requests that a site plan be sub- mitted and reviewed in order to generate a set of comments regarding this proposal to the Board. I have talked with the applicant in the past, and I believe his proposal can be accomodated on his lot, should the Board grant him permission to expand his operation" Mr. Serio asked if anyone in the audience was in favor, and no replies, when asked is anyone against this petition, the following people responded. Grace Zocco of 1679 Osgood St. compained about the loud noise coming from the golf course now. Her property is next to the Coppola land, about 4-5 lots away from the site in question. Mr. Serio asked how late the area would be open and Mr. Adams said probably between 10:30 and 11:00 p.m. but the rules could be set by the Board and he would abide by them. Mr. G. Barker said that this type of business would be more of an amusement park than anything else. Abutter, Ms. Marcia Yallely, was represented by an attorney and he advised the Board that they are planning to file a plan with the Planning Board for a five (5) lot sub-division. According to the plans it would come in from Bradford Street and abut the Adams land in the back, as the Adams land is 450' deep. They do not object to the golf course, but do not want any more noise. With an industrial zone abutting a residential zone, there has to be a 100' buffer zone(open & green). Mrs. Vallely's attorney said he understood that this is a request for a non-conform- ing use and he feels the Board should adhere to the Bylaw strictly. He feels that this addition would be detrimental to the neighborhood. The sound of the balls and the added lighting, and the gyro is a lot more active than the golf course would also be detrimental to the neighborhood. He wants the Board to think a great deal about the situation before changing the use of the land, and he feels that it would bring a lot of young people into the town. Mr. Vivenzio asked how many could use the equipment at one time, and Mr. Adams said a maximum of 40. Mr. Adams then stated that he had operated the golf course for over 20 years and had not had any complaints or known.of any complaints to the Town in that time because of noise. He does not feel that the noise could be heard four lots away. Christopher V. Adams(con'd) Page 2 Geo. Barker asked what the hours would be and Mr. Adams said the same hours as the golf course, approximately 10 a.m. to 9-11 p.m. Upon a motion made by Mr. Vivenzio and seconded by Mr. Sullivan, the Board voted, unanimously, to take the matter under advisement. Turnpike St. James Harridan - Variance - Lot 6C Legal notice read by Mr. Soule. As there was no one to represent the petitioner, a motion was made by Mr. V~venzio and seconded by Mr. Sullivan to continue th~s hearing to the next monthly meeting on April 12, 1988. The vote was unanimous. Robert J. Janusz Special Permit - Jerad Place II Legal notice read by Mr. Soule. Tom Nevy spoke for Mr. Janusz who is currently working on a residential sub-division, and the plans were shown to the Board and explained. There are 40 lots in all for Jerad I and Jerad II. The back section of the sub-division is gravel, rock, etc. Mr. Vivenzio asked for a definition of an esker, and Mr. Nevy said it is a long rise of soil, in a hotdog shape, on the ground. The petitioner wants to remove one of these eskers and would flatten the land and landscape it again. In the construction of phase I, the petitioner pur- chased the gravel (2,000) yards, amounting to 125 truckloads that were hauled over town roads. There is a resourse on this land and Mr. Janusz wants to remove the esker for the creating of new roads for the sub-division and grading whereever gravel is needed. This would be an effective use of a natural resourse, but they need to come to the Board as they would have to go on town roads in order to move it from one place to another. The preliminary plans to the Planning Board were denied, so the road will be moved. Mr. Soule asked about wetlands on the property and Mr. Nevy stressed that all the wetlands are in the back of the property. New plans will be presented to the Planning Board if the Board of Appeals comes to a favorable decision. More detailed plans will be provided to the NACC and the Planning Board. Most of the lots are more than one acre. Mr. Serio asked if anyone was in favor and received no response. Mrs. Perkins, am owner of property abutting the petitioner, thought that the gravel was going to be removed from her land, but after the Board explained the situation, she did not object to Mr. Janusz petition. Letter from Scott Stockings, Town Planner, read by Mr. Soule as follows: "I have the following comments regarding this application: (1) The plans should be forwarded to the Town Depts for review as specified in Section 5.3. (2) Should the Board see fit to grant this Special Permit the follow- ing conditions may be appropriate: (a) The applicant shall adhere to the reguire- ments contained in Section 5.7 (Operation Standards) and Section 5.8 (Restoration Standards). (b) Number of acres to be excavated should be determined and a performance bond posted for the work as required in Seciton 5.9(Security Require- ments). Staff does not have a problem with the applicant utilizing the gravel nemr"his pro- posed construction site, provided that the project meets and adheres to the standards contined in Section 5 and that sufficient bond money is available for use by the Town should he fail to perform as required." Letter from Tom Nevy noted, stating that 8,000 cubic yards would be removed via Boxford Street and would be used for roads and utilities. Mr. Soule asked about restoring the area and Mr. Nevy said that it would be done and 6" of loam would be put in, as they want to do what is right for the town and the area. The Board wants to check with the Planning Board in regard to the bond issue and amount. Upon a motion made by Mr. Sullivan and seconded by Mr. Vivenzio, the Board voted, unanimously, to take the matter under advisement. Edward Morgan Special Permit Page 3 228 Dale Street Legal notice read by Mr. Soule. Mr. Morgan spoke for himself. He wants to make a family suite for his mother over and including an existing garage. The garage roof would be raised, and the suite would be 588 sq. ft., 21' x 14'. Photos shown to the Board of the existing garage, the suite will be two-stories. Mr. Serio asked if anyone was in favor or against this petition, and received no response. Letter from Scott A. Stockings, Town Planner, read by Mr. Soule, as follows: "Staff has met with applicant regarding his proposal to provide a family suite on his lot by converting an existing garage. Staff has looked at the Assessor's Records for this property and it appears that he does not exceed either the maximum size standards which apply for this permit; (1) no more than 1,200 sq. ft. of area for the family suite itself or (2) no more than the 25% of the gross floor area for the principal use. Upon a motion made by Mr. Sullivan and seconded by Mr. Rissin, the Board voted, unanimously, to GRANT the Special Permit as requested subject to the following conditions: 1. The premises be occupied by Mary Claire Morgan. 2. The Special Permit shall expire at the time Mary Claire Morgan ceases to occupy the family suite. 3. The Special Permit shall expire at the time the premises are conveyed to any person, partnership or corporation. 4. The applicant, by acceptance of the Certificate of Occupancy issued pursuant to the Special Permit, grants to the Building Inspector or his lawful designee the right to inspect the premises annually. DECISION William Patterson - Party A~greived - 246 Turnpike Street The Board voted, unanimously, to continue this hearing to a Special Meeting to be held on Monday evening, March 14, 1988 in the Conference Library on the lower level at 7:30 p.m. CONTINUED PUBLIC HEARING Janet Cooper - Special Permit - 150 Sutton Street Because two of the glass company owners were out of town, they had an attorney represent them. The Building Inspector has been approached and none of the other boards have been seen. The Planner wants 6-7 parking spaces and the petitioner has provided six spaces and they accept that there will not be any additional rental space. The goal of the business property is now in a state of disrepair to the area. Zoned as R-4 now, and was a fence business, also a rug business. entire building down but will make many the billboard, as it has been there for would only be 5-6 cars per day. The and the plans would be an improvement originally a train freight station, then Petitioner does not plan to pull the improvements. They would like to keep a long time. The income would go to Mrs. Cooper from the billboard but this lease would be included in the new plans. Mr. Serio asked what the building to the left would be used for, and petitioner said storage, but will not be used for a business area. Mr. Serio asked, if you only want it for storage, why not remove this building? The attorney stated that the building would be shored up and they do not want to spend any more money than necessary and prefer not to take the building down. Mrs. Cooper said she bought the property from Sweeney Fence and after her husband died, she wants to sell the land and try to get ahead. She stated that the property will be improved 100% by the glass company. Mr. Serio stressed that with the old building there, it is an an opening for another business to be brought in and asked why the glass company did not want to tear it down. Janet Cooper - con'd Page 4 Attorney for the glass company said that he understood what the the Board was saying, because he is on the Zoning Board of Appeals in Marblehead. He asked if this section of the building is removed, what other issues are a problem? Mr. Serio stated that this is the main problem. Mr. Soule said that it isn't to expensive to have the building removed. The Town wants the billboard removed and it is requesting the State not to renew the licensefor the Acklerley Communications. This request was put into the Commonwealth of Massachusetts, Executive Office of Transportation and Construction, Dept. of Public Works(Outdoor Advertising Division). Mr. Serio asked if the petitioner would be willing to remove part of the building in question? The petitioner asked if they agreed to remove the building, could the Board make a decision tonight? Mr. Serio said, yes with certain conditions. Petitioners attorney, Mr. Caffrey, asked if it would be possible to take part of the building down and could bring the structural engineer in to get his opinion. If it can't be done, he feels that the client would not be interested in the deal. Discussion by the Board and the petitioner about removing the section of the building that is called rental space and about their beinging new plans to the Board showing the building removed and new parking spaces. Upon a motion made by Mr. Vivenzio and seconded by Mr. Rissin, the Board voted, unanimously, to continuethe hearing to Monday, March 14, 1988 upon the condition that Mrs. Cooper sign a time waiver, which she did. Christopher V. Adams Special Permit - 1591 Os~ood St. The Board discussed the conditions for the granting of this petition. Mr. Serio suggested that a stockade fence be put in, and Mr. Adams feels that the buffer zone would be enough to contain the noise. Mr. SOule said that everyone has to put up with a little noise. Mr. Sullivan said that a revised set of plans were needed. Mr. Serio stated that the Board wnats a new plan, with the lot lines and the green area shown. It has to be a legal plot plan ready for the registry, and has to follow the guidelines of the bylaw. Mr. Vivenzio stated that the present plans do not even show distances, boundry lines, etc. The Board told Mr. Adams if he could have these plans ready, they would continue this hearing until the Special Meeting, Monday night, March 14, 1988. EXTENSION REQUEST Upon a motion made by Mr. Sullivan and seconded by Mr. Soule, the Board voted, unanimously, to G1L~NT the extension on the variance granted on 4/21/87, pertain- ing to Parcels 1 and 2, Lots 147, 148, 149, and 150 Martin Avenue, for one year, 4/21/89. The meeting adjourned at 10:00 p.m. The next regular meeting will be on 'April 12, 1988 at 7:30 p.m. in the Selectmen's Meeting Room. The Board will hold a Special Meeting on Monday evening, March 14, 1988 to make decisions on the Patterson, Cooper and Adams petitions. Audrey ~ Taylor Secretary · .~.r~S e r io~, j r. ~airman