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HomeMy WebLinkAbout1988-04-26The Board of Appeals held a Special Meeting on Tuesday evening, April 26, 1988 at 7:30 p.m. in the Board of Health office. Members present and voting were: Frank Serio, Jr., Chairman, Augustine Nickerson, Clerk, Walter Soule, William Sullivan, Raymond Vivenzio and Louis Rissin~ DECISIONS Robert K. Daigle Special Permit - 7 Hod~es Street Discussion held by the Board, and Mr. Vivenzio said he saw a foundation on the other lot across the street where the parking should be placed. Need six (6) spaces per 1000 sq. ft, so for this petition they would need eighteen (18) spaces-first floor use needs twelve (12) spaces and second floor use needs six (6) spaces-total of eighteen (18). Mr. Nickerson stated that this could not be done on one side of the street. Mr. Serio and Mr. Soule said they thought that 18 spaces was a little high. Suggestion made that upstairs could be restricted as to use. Mr. Nickerson said that four (4) businesses are coming into a nice attractive building and it is a non-conforming use but there is a parking problem and the lot across the street could be used as a parking lot. Motion made by Mr. Vivenzio to grant this petition but no second received, so the discussion continued. Board talked about restrictions and conditions that could be put on the decision, such as the parking spaces, sidewalks constructed along May and Hodges Sts. with curbs and gutters installed, and new plans be shown to the Board prior to an Occupancy Permit be issued, and the Building Inspector be allowed to go in once a year to inspect the premises. The Board voted, unaminously, to continue this hearing to the June 14th meeting so that Mr. Daigle could get the detailed plans necessary for the parking lot across the street from the building in question. Letter to Mr. Daigle, dated 4/27/88 read as follows: "The Board of Appeals held a Special Meeting on Tuesday evening, April 26, 1988 upon your application. The Board finds that they want a detailed plan of the proposed park- ing lot across the street, plus detailed plans of the curbs, gutters, paving, lining and and landscaping of this site. The Board also requires that a Restrictive Covenant be given to Town Counsel, Attorney Peter Shaheen, that enough land be designated as parking for the benefit of 7 Hodges Street, for not less than eighteen (18) vehicles. This petitionwill be reviewed and a decision made at our regular meeting, Tuesday evening, June 14, 1988, therefore, all of the above material must be received by the Board prior to this date. Thank you for your cooperation in this matter." Signed by Frank Serio, Jr., Chairman. William A. & J. Lees Var~mnce - 47 Marblehead Street Upon a motion made by Mr. Vivenzio and seconded by Mr. Soule, the Board voted, unanimously, to DENY the variance as requested. The Board finds that no hardship, as defined in Chapter 40A of the ByLaw has been shown, and that the petitioner has not satisfied the provisions of Section 10, Paragraph 10.4 of the Zoning ByLaws and the granting of this variance would derogate from the intent and purpose of the Zoning ByLaws. Gordon Hall III & David J. Berton Special Permit - Lot F, Flagship Driv~ Upon a motion made by Mr. Soule and seconded by Mr. Nickerson, the Board voted, unanimously, to DENY the Special Permit as requested. The Board requires that Table 3 be adhered to and that consistancy be maintained as in Petition #24-82, Edward & Nancy Condon/Robert & Monique Goodrich, dated July 12, 1982, and Civil Action No. 82-12223 heard at the Superior Court House in Peabody on 7/19/82. Gordon Hall III & David J. Berton (con'd) Page 2 The Board finds that the petitioner has not satisfied the provisions of Section 10, Paragraph 10.3 of the Zoning ByLaw and the granting of this Special Permit would derogate from the intent and purposes of the Zoning ByLaws. Robert Janusz - Special Permit - Jerad Place Il Upon a motion made by Mr. Vivenzio and seconded by Mr. Soule, The Board voted, unanimously, to GRANT the Special Permit as requested, subject to the following conditions: 1. Section 5 of the Zoning BuLaws be adhered to, copy attached. 2. Traffic control required, subject to the decision of the Chief of Police. 3. Speed limits be reduced in area. 4. Signs be put up (Section 6.6). 5. Streets cleaned daily at end of work day. 6. Damage done to road be repaired by petitioner. 7. Bond for $10,000 be posted(5.4). 8. Letter of Intent filed with the NACC and a request for a Determination of Applicability of the wetlands act be filed with the NACC and, any Orders of Conditions be adhered to. The Board finds that the petitioner has satisfied the provisions of Section 10, Paragraph 10.3 of the Zoning ByLaws and the granting of this Special Permit will not derogate from the intent and purpose of the Zoning ByLaws. A copy of Section 5(complete) was attached to all decisions sent out. The meeting was adjourned at 8:50 p.m. The next regular meeting will be on May 10, 1988 at 7:30 p.m. in the Selectmen's Meeting Room. /~A~ drey ~. Taylor, ~ecretary Frank~erio, Jr., Chair~n'