Loading...
HomeMy WebLinkAbout1988-05-10The Board of Appeals held a regular meeting on Tuesday evening, May 10, 1988 at 7:35 p.m. with the following members present and voting:. Frank Serio, Jr., Chairman, Augustine Nickerson, Clerk, Walter Soule, William Sullivan, Raymond Vivenzio, Anna O'Connor and Louis Rissin. PUBLIC HEARINGS Tyler Monros Legal notice read by Mr. Nickerson. Party A~§reived - 100 Foster Street Mr. Monroe requested that his petition be heard first because his wife had just gone to the hospital, in labor. Attorney Geo Rand spoke for the petitioner stating that the petitioner had a valid building permit for a garage according to the zoning by- laws. The Building Inspector claims that the garage is bigger than Just for four (4) vehicles, and the petitioner states that this is not a valid reason to deny it. Attorney Rand claims that Mr. Munroe will not be putting more than four (4) vehicles in the garage and he feels that is is beyond the Building Inspector's decision and the building permit should not have been revoked. In answer to Mr. Vivenzio's question, Attorney Rand said that the petitioner had a building permit but that the construction of the garage had not started because of the delay by the Building Inspector. Mr. Serio asked if anyone wished to speak in favor of this petition? Abutter from 100 Foster St. spoke and said he was not against it, Mrs. Bielevich stated that Mr. Monroe is very considerate of everybody in the neighborhood and she does not object to the construction of this garage. Mr. Young also spoke in favor of the petitioner. Letter from D. Robert Nicetta, Building Inspector read by Mr. Nickerson(see file). Atorney Rand stated that the petitioner wants to construct the garage as shown by the plans and feels that the Building Inspector cannot deny this. Mr. Serio asked if a 12' door is normal for a residential area, and the petitioner said nor, but that was what he wanted. They want a 30'x40' garage. Mr. Vivenzio suggested that a copy of the garage and the plans should be submitted to the Board as soon as possible. Upon a motion made by Mr. Vivenzio and seconded by Mr. Nickerson, the Board voted, unanimously, to take this matter under advisement.(Serio, Nickerson, Soule, Vivenzio and O'Connor). CONTINUED PUBLIC HEARING Kindercare Corp. - Special Permit - Hillside Rd & Turnpike St. Letter from Attorney Bain, representing the petitioner, read by Mr. Serio. The petitioner requests to withdraw without prejudice (see file). Mr. J. Casey, an abutter, stated that he thought the hearing should be continued from the last meeting and that the neighborhood had been very lenient on this matter. They had come to meetings last year concerning this matter and already had attended two meeting for this petition. Rita Skinner said she had written a letter to Kindercare and received a reply from them which she read to the Board. She feels they do not meet the requirements of the Special Permit for A,B, or C. They believe that this is not in harmony with the neighborhood and that the traffic is a big problem. They want the Board to vote on it tonight. Attorney Bain stated that it is also a problem as far as Kindercare is concerned and they will attempt to solve the problems with the State and try to get more land. They feel that there are no problems that cannot be solved and if they are solved, the petitioner would like to come back to the Board at a later date. Mr. Sullivan stated that it has been the Board's policy to allow a petitioner to with- draw without prejudice. Mr. Serio explained to the meeting that allowing the peitioner Kindercare - con'd Page 2 to withdraw without prejudice lets them reapply at any time and we have set a presedent and feel that it should be followed. This is done for any citizen in Town and it is only fair that anyone to allowed to do this. Mr. Soule stated that the Board represents the Town as well as they can and he feels that the applicant deserves more time to get the correct plans and they want to do things right. Mr. P. Busby feels that the petition should be denied. Mrs. McGarry stated that they were not against day care but are concerned about safety on Chestnut St and Route 114. The Board is also con- cerned about safety. Upon a motion made by Mr. Vivenzio and seconded by Mr. Sullivan, the Board voted, unanimously, to ALLOW the petitioner to WITHDRAW WITHOUT PREJUDICE as requested. (Serio, Sullivan, Nickerson, Soule and Vivenzio). PUBLIC HEARINGS Gilbert Rea - Special Permit Legal notice read by Mr. Nickerson . 44 Rea Street Mr. Rea spoke for himself stating that he had been hauling his own sand out for the Town. He also lets some men in to pick up sand. Mr. Vivenzio asked it there had been any changes in the operation, and Mr. Rea stated no. Mr. Nickerson said that in getting up to the top of the hill, this could begin to see the evacuation and the dust. Mr. Rea said that the Town has brought in grass and leaves and he puts it on the hill to cut the dust. A run-off has been built so that the water cannot flush Mr. Serio asked if anyone was in favor? Officer Rand said that Mr. Rea controls his operation very well and this opinion was seconded by Mr. Foresta. Letter from the Building Inspector read by Mr. Nickerson(see file). Upon a motion made by Mr. Sullivan and seconded by Mr. Soule, the Board VOTED, unanimously, to GRANT the Special Permit under Section 5 of the Zoning ByLaws for one year with the same conditions as the present permit. (Serio, Nickerson, Soule, Sullivan, and Vivenzio). Patob Realty Trust Variance - 3 Mass Avenue Legal notice read by Mr. Nickerson. Discussion held on the number of spaces needed per 1000 sq. ft of area. This was determined as three (3) for each 1000 sq. ft of area. The petitioner has 51,594 sq. ft. of area and could have more spaces than needed. Need 5,200 sq. ft. for fifteen (15) spaces. Mr. Sullivan asked why they would want to have parking on an empty lot, and the petitioner stated for bank parking for bank located across the street. Mr. Serio questioned the need for a flashing light for people crossing Mass. Avenue and the petitioner stated that they do not feel that thirty (30) spaces requires a flashing light. Mr. Serio asked if the petitioner felt that anything else should be done about crossing the street, and could the petitioner live with other conditions added to the decision? The petitioner said if they conditions were OK. Mr. Soule asked about flooding in the area and was told that only during the 1939 flood. The bank has inadequate parking now and needs more spaces. Letter from Mr. J. Duda read by Mr. Nickerson,(see file). Mr. Serio asked ~f anyone was in favor? Officer Foulds and Rand met with the owner and assured the Board that he would take care of any conditions needed. Flashing lights are not necessary and it is a very expensive item. They do want a crosswalk painted on Mass Ave and it would be under the control of the Police Department. The Police Department will also contact the State and get a yield sign on the off ramp from Route 495 and they want the owner to extend a guard rail on the side of the river for safety purposes. Patob Realty Trust - con'd Page 3 Letters from Officer Lynch and Building Inspectors read by Mr. Nickerson(see file). Mr. Serio asked if anyone was opposed to this petition? Mr. Roberts of 19 Commonwealth Ave said that his property is back to back with the proposed parking and having two (2) small children he does not feel that they can use their backyard as they would like to. He would like a fence put up to cut down on the noise and also a buffer of trees. M. Waits also of Conunonwealth Avenue stated that there are a lot of trucks parked back there and some of them leave their motors running for a long time creating noise and smell that is offensive. If this petition is granted, would it allow the petitioner to let anyone or anything he wanted to park in these spaces? Mr. Serio stated that conditions could be put on the decision to not allow commercial vehicles in the spaces. Mr. O'Brien, owner of the property, stated that the fence would be fine with him, and a 6' fence and buffer would be put in to eliminate the noise. The commercial trucks will be gone soon. The fill was dumped by mistake and it has been leveled and will not be done again. The fill has been taken away and the loam has been put in to cover it, so the entire matter has been taken care of. Mr. Nickerson questioned the times that the parking spaces would be used and the bank said that only during the regular banking hours, 8 a.m. to 5 p.m., and strictly days. Abutters on Commonwealth Avenue complained that cars are parked on their street every day and also turn around in the driveways because the street is not wide enough to allow for a u-turn. The neighbors are in favor of the parking spaces but are just concerned about the safety of the children in the area. Before the bank went up they promised that there would be enough parking spaces for them, but now there isn't. The school bus has to make a u-turn in the service station driveway, which is not a safe way of turning around. Mr. O'Brien allows them to turn around on his property be- cause there is more room. Mr. J. Sullivan requested that Mr. O'Brien remove the rail- road ties that are on the property and Mr. O'Brien said he would and also the car- carrier parked in the yard will be moved. Officer Rand stated that if a vehicle is running more than five minutes, they can be fined a large amount. He further stated that when the bank was being built, we were promised that the school buss could turn around in the bank parking lot, but should not be done because of the danger. Mr. Serio stated that this matter was a Planning Board problem. Upon a motion made by Mr. Sullivan and seconded by Mr. Souls, the Board voted, unanimously, to take the matter under advisement.(Serio, Nickerson, Sullivan, Souls and O'Connor). R. L. Soper & W. A. Snell Special Permit - 234 Main Street Legal notice read by Mr. Nickerson. Dr. Soper spoke for the petition about the size of the sign they want as proposed in the petition. Letter from Town Planner to Dr. Soper read by Mr. Nickerson(see file). Letter from Town Planner to Board read by Mr. Nickerson(see file). Ms. Phaneuf, an abutter, stated that they did not want a larger sign than the one already up, and with all the traffics on Main Street a larger sign is not needed. Photo of Dr. Beliveau's sign show~ to Board. Mrl Markey, an abutter, lives across the street from the proposed sign and said the original sign was there for years and he does not feel that a larger sign is needed. Dr. Soper stated that it seems quite professional to have a sign for their business. Mr. Soule asked what size they would be happly with, and stressed that the sign use of the Town is very important, and he thinks that the proposed sign is too large. The Board could allow two 1-foot signs in an R-4 zone. Mr. Nickerson stated that if this petition is granted, all of the businesses on Main Street would want to have larger signs. The previous doctors sign had a total of one square foot, and the Board th~nks that two (2) 1 sq. ft. signs would be appropriate. Dr. Soper requested that they be allowed to withdraw the petition without prejudice. Upon a motion made by Mr. Vivenzio and seconded by Mr. Souls, the Board voted, un- animously to allow the petitioner to WITHDRAW WITHOUT PREJUDICE. (Serio, Nickerson, Sullivan, Soule and Vivenzio). Page 4 Willows Park Day Care Special Permit - 65 Flagship Drive Legal notice read by Mr. Nickerson. Attorney Joyce spoke for the petitioner. Cousin Realty Trust won the property, Mr. Tomes and Mr. Casey. Attorney Joyce intro- duced them to the Board. Microwave is zoned I-l, 121,000 sq. ft. land and 24,000 sq. ft. building. Day care would consist of 6,000 sq. ft., and no new structure will be built and will be kmown as the Willow Park Child Care Center. There are no solvents on the property. One building contains metal cleaner that is smaller than a kitchen sink. A site review will show this and that there is no danger to anyone. The day- care center will be contolled by Mr. Tomes and Ms. Balboni. Ms. Balboni and Ms. Sperandio spoke for the daycare center. Mr. Vivenzio asked how many children would be involved, and they said 105. There will be a throughway from Flagship Drive, 18,000 sq. ft Microwave, and there will be no new construction, only added parking spaces. Ail children will be entering the building right from the care, no streets to cross, and will be entering from the rear of the building. Plans and building shown to the Board, including floor plans and other buildings on the site. There will not be a traffice problem because it is completely off the main street. A long area for the drop-off has been purchased. The wetlands have been located and no wetlands will be disturbed. Mr. Souls asked if it would look like a school, so the children will not think they are going to work in a factory? Mr. Nickerson stated that it would look like a factory no matter what they did. The day care hours will be from 7 a.m. to 6 p.m., and the factory hours are 7 a.m. to 4:30 p.m. The children will arrive between 7 a.m. and 9 a.m., and they do not all arrive at the same time. The whole building is not utilized. Mr. Vivenzio questioned if any solvents were used in the factory, and the petitioner stated that a degreaser in a small vat was used and it is taken away by Service Chemical. No access is proposed between the factory and the daycare center. Mr. Soule requested a more detailed design to the building so that it would not look like a factory building. Attorney Joyce stated that a good plan will be given to the Board showing the building as landscaped for a school. Mr. Souls asked if there is a ratio of space per child, and the petitioner they have 6,700 sq. ft for the play area. The State requires the following: 35' inside and 75' outside. Hazardous waste study done(21-E) in December, 1986. Copy will be given to the Board. There is a fire wall between the building. Mr. Serio asked if anyone was in favor? One of the abutters said he thinks this is an appropriate use and an appropriate place for a day care because the whole area has been built up and the people working there and living in the area could use this facility. The petitioner stated that they had contacted some very reliable people and know that this would be done correctly and made pleasant for everyone. Parents could go over and visit the kids during the day and also have lunch with them if they wanted. A survey was taken of the Willow Park employees and most are pleased with this. A survey was compiled and at least 10 infants and toddlers parents answered the ad put in for review. Mr. Sullivan feels that most of the children should be from the Willow Park so as not to make any more traffic in the area. The petitioner stated that they hope to have 100% from the Park. Letters from Building Inspector, Police Chief, Fire Chief and Town Planner read by Mr. Nickerson(see file). Mr. Serio asked if anyone was opposed to this petition? Chief Dolan stated that one more problem is the businesses that are in the Park. If the Fire department had to come into the building, there is no way to get the kids out because of being in the back of the industrial building. Anything that happened on the next street could be a hazard to the kids. As we have no control over the area or the businesses in the area, and it is an industrial park, he thinks you will be putting the kids in a very hazardous area. Officer Rand spoke of the letter read to the Board, and stressed that getting the children in and out of the school is a serious problem and that infants and young children are a big responsibility, also think that the chemical trucks from Chemlawn will be a hazard to the children. The petitioner stated that the State would come in an check the whole area, and they would have to approve the site before anything could be done. The State has already been contacted. Each room would have an exit to the outside. Willow Park Day Care - con 'd Page 5 Mr. Serio asked Chief Dolan if a road around the entire building would make any kind of a difference? Have 360° access around the building. The sprinkler system would have to do extended. Because there is no control of the businesses in the area, the trucks could bring in any chemicals they wanted just as deliveries. Mr. Serio asked if it would make a difference if the day care center were in a seperate building? Chief Dolan feels that it would still be a safety hazard. Chief Dolan stated that they, as well as the Police Department, are available to talk about any plans before the petitioner gets to the ZBA, to guide them in making their plans. When Mr. Nickerson asked 'why a day care center', the petitioner stated that a center is needed because they need workers and if they have a quality place to keep the children, they can attract more experienced and qualified workers. Attorney Joyce said that a service is needed and should be carefully studied. Taking the children from the house and into the work- place is a difficult thing and a good site is needed to handle this problem, and suggest that a site review be done by the Board. They would like to continue the public hearing so that more information could be brought to the Board. He feels that this site could be used for this purpose. Mr. Sullivan asked if a schooling could be presented to the teachers and employees by the Fire Department so as to help the Fire Department? Chief Dolan said that the State has rules and regulations and you would ha~to be OSCO approved. The only one in town at present is at Western Electric, and he does not recommend it, he feels that the cost would be too great. When asked if you have to report to the Fire Department ~ you have hazardous waste, the Chief said no, but the Fire Department t~ies to collect the names of these firms. They do not have a process of finding out if a new business has hazardous waste. Mr. Soule asked what the status of using Route 125 as an entrance or exit, and Chief Dolan replied that it would not be used because of the hill, but eventually would be used as an emergency roadway. Flagship Drive and that road could be connected but the NACC is against it at present. On the question of a right-of-way, Chief Dolan would like to work with the Commonwealth before the Board is involved. Officer Rand stated that they would like to work with the State, but the State needs the Special Permit granted before they get involved, so the situation is a Catch 22. Mr. Kaminski asked if we continued the petition could we grant the Special Permit with a number of con- ditions, including one for State approval, NACC approval, etc. The NACC has been contacted by the Fire Dept. regarding this. Upon a motion made by Mr. Vivenzio and seconded by Mr. Nickerson, the Board voted, unanimously, to continue the hearing to the June 14th meeting.(Serio, Nickerson, Soule, Sullivan and Vivenzio). B & P Hanna¥ Variance and Special Permit - 45 Innis Street Legal notice read by Mr. Niekerson. Mr. Hannay spoke for himself. They have lived in the house for ten (10) years and now have two (2) children and they need more room. Their only option is to add to the existing house or move, and as they want to stay at this location, they are asking for a variance and a special permit in order to do this. The Board reviewed the plans. Mr. Vivenzio stated that Adrian Street is not paved. The petitioner needs a Special Permit because of a non-conforming use and a variance because of the lot line. It is a 10,100 sq. ft. lot and the septic system has been checked. The addition will be a third bedroom. Mr. Aziz, Sr. and Mr. Aziz, Jr. both spoke in favor of this petition stating that it will bring this house up to the standards of the next of the houses and would be good for the neighborhood as well as the Hannay family. Upon a motion made by Mr. Vivenzio and seconded by Mr. Nickerson~ the Board voted, unanimously, to GRANT the Special Permit and variance as requested.(Serio, Nickerson, Sullivan, Soule and Vivenzio). Page 6 Teresa Knott - Special Permit Legal notice read by Mr. Nickerson. 5 Village Wa~ Petitioner stated that the family suite would be used my grandparents, Mr. and Mrs. Puzio(Alfred & Agnes). Upon a motion made by Mr. Soule and seconded by Ms. O'Connor, the Board voted, unanimously, to GRANT the Special Permit as requested, subject to the following conditions: 1. The premises be occupied by Agnes & Alfred Puzio. 2. The Special Permit shall expire at the time Agnes & Alfred Puzio cease to occupy the family suite. 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 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. (Serio, Nickerson, Soule, Vivenzio and O'Connor). DECISION Patob Realty Trust Variance 3 Mass Avenue Upon a motion made by Mr. Nickerson and seconded by Mr. Soule, the Board voted, unanimously, to GRANT the variance subject to the following conditions: 1. Steel guard rails be installed on the property at 3 Mass Avenue to prevent vehicles from rolling into the Shawsheen River. 2. A crosswalk be installed on Mass Avenue and that a sign be in- stalled to indicate its presence. The crosswalk should be located opposite the Mobil Service Station at 11 Mass Avenue. 3. A 6' stockade fence be put along the eastern side that abuts Commonwealth Avenue, with appropriate landscaping along entire length of stockade fence. 4. The thirty-two(32) off-street parking spaces be limited to passenger vehicles only, during the normal banking house. (Serio, Nickerson, Soule, Vivenzio and O'Connor). Tyler Monroe Party Agsreived - 100 Foster Street The Board voted, unanimously, to continue this hearing for one month, June 14th so that the petitioner could provide the Board with more detailed plans, and a copy of the building permit issued for the garage. Upon a unanimous vote the meeting for November, 1988 has been changed from the November 8, Election Day, to November 1, 1988. The Board also voted, unanimously, to cancel the July meeting. The meeting adjourned at 11:00 p.m. Next regular meeting will be on June 14, 1988 at 7:30 p.m. Audrey W.~/Taylor, SeCretary ,