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HomeMy WebLinkAbout1987-02-10REGULAR MEETING February 10, 1987 The Board of Appeals held its regular meeting on Tuesday evening, February 10, 1987 at 7:45 p.m. in the Selectmen's Meeting Room. The following members were present and voting: Frank Serio, Jr., Chairman, Alfred Frizelle Vice-chairman, Augustine Nickerson, Clerk, Walter Soule, Raymond Vivenzio, and Anna O'Connor. PUBLIC HEARINGS Diane & James Guthrie - va.fiance - 108 Mop.dy Street Legal notice read by Mr. Nickerson. Mr. Guthrie spoke for himself stating tha~when a survey was done in order for him to purchase the lot, it was found that the shed was too close to the lot line. The shed has been there for about eight years. There was no opposition from the ab~tters~on~this~p~i%iOn~. Upon a motion made by Mr. Frizelle and seconded by Mr. Vivenzio, the Board voted to GRANT the variance from the requirements of Section 4.122, Paragraph 19 and Table 2 of the Zoning ByLaws so as to permit relief from 20' rear setback requirements for shed, allowing shed to remain on lot. The vote was unanimous. Leon S. Belins~Y(MarCo Rubber) - variance - 334 Clark Street Legal notice read by Mr. Nickerson. Mr. Peter Samaris, Architect, spoke for the petitioner. He stated that the parcel of land contains 94,960 sq. ft. of land Within a long narrow perin~ter property line which is bounded by an irregular stone wall on the NW side line and a parcel squeezing curved property line on the SE side line. The parcel is unique in its configuration and creates a land use substantial hardship, both financial or otherwise to the land and to the applicant. The property will be used for warehouse space, allowing one Darking space per 1,000 sq. ft. About 30-40 employees will be handling wholesale freight for delivery to area. Mr. Belinsky said that it is actually a distribution center, and did not know how many other tenants would be there. The parking was figured out on a 2-story building instead of one, and space there for more parking if necessary. Mostly UPS shipments. Letter from Miele Realty Trust, in favor, read by Clerk. Letter from the Planning Board, in opposition, read by Clerk. Claimed that they tried to buy more land from the airport but they would not sell. They would all be on sewage if allowed to build. Motion made by Mr. Frizelle Rnd seconded by Mr. Vivenzio to take this matter under advisement. Vote unanimous. North Andover Associates - variance - Parcel 2 & 3, Foster Street Legal notice read by'Mr. Nickerson. Discussion held on request for a variance from the requirements of Section 7, Paragraph 7.2 and Table 2 of the Zoning ByLaw to permit relief from 50' fontage requirement to existing 46.88' along Foster St. Petitioner claims Page 2 that no ~~~vision would take place on lot if variance granted. Feels Ghat ~h~ 50"-w~s originally a driveway. Petitioner did not know if any attempts had been made to purchase additional land from abutter, Dr. Love. There was no opposition from audience. Letter from Planning Board read by Clerk. Motion made by Mr. Frizelle and seconded by Mr. Soule to take the matter under advisement. Vote unanimous. Theodore & Rita DiSalvo - variance - 463 Johnson Street Legal notice read by Mr. Nickerson. Attorney J, Willis, Jr. spoke for the petitioner stating'that area is zoned R-3, one acre lots, and new lot would be undersized. They would continue to live in house on Lot #1 and built a sell on Lot #2. Claims that they would tie into sewer line supposed to come up the street, both houses would be tied in, the sewer line is in the works now but no idea of how long be- fore it get to their property. Petitioner claims a financial hardship as he is in college and would need the extra money in order to tie into the intended sewer system. Cannot affort to purchase additional land. The leeching field is not good and they need the new sewer line. No one in audience in favor of petition. Letter from Planning Board read by Mr. Nickerson(see file) Abutter? in opposition stated that he had purchased ~is home on Johnson St in 1984 and it had an inground pool which is now a mud hole. His pool coll- asped a year after buying the house due to the extremely high water table on the street. Needed from 8 to 14 loads of fill to bill the pool hole and when the chain link fence was removed, the water gushed straight into the air like a fountain. R. Derocher, 1980 asked for a variance on Rea and Johnson ~treets and this was denied. The area is 60% underwater in the Spring. R. Foulds stated that a variance should only be ~ranted when there is undue hardship created by a land structure, shape, etc. and not from the petitioner wanting to make more money. This is not a struggling couple , work done on land after 1984 and the DiSalvo's put an article into the Town Meeting for the sewer system up Johnson St. Claims this is a family matter and has been done before. Anna O'Connor said that this has nothing to do with any other petition or matter previously before the Board. J. Borgasi spoke as an Advisory Board member and said that the water table was high and the entire area should be sewered to correct the water problem. A~torney Willis said he explained to the petitioner that the Board would not allow any building until the Sewer line was in. He also suggested that the petitioner speak to all the abutters prior to the meeting. He presented a letter to the Board signed by four abutters. Claims that three lots in the area are undersized,' the new lot is uphill from the street and believe this creates a hardship. Letter from abutters read by Mr. Nickerson. J. Lindon of the Conservation Commission stated that they had advised the Deerfield Sub-division to go across country and not down Johnson Street with the sewer system. Motion made by Mr. Frizelle and seconded by Mr. Nickerson to take the matter under advisement. Vote unanimous. Page Douglas F. Strong Richard.Barrett - Variance 133 Pleasant St Legal notice read by Mr. Nickerson. They have a purchase and sale agreement and want to do the 4-family as already granted by the Board, but want to place a stairway on side instead of back of building, covered by roof line. This will not encroach on lot line and will not be seen from the street. Parking will be in this area. Does not want to enclose because of windows in the area, and would block out the light. Would like to build the stairway and do parking lot at the same time. Letter from Planning Board read by clerk. No imput from audience, for or against this petition. Lawyer stated that this is not a building code issue, it is a Board of Appeals issue. Not a use variance. C. Foster said if they could not wait for parking lot, may be a date could be set. Upon a motion by A. Frizelle and secondeed by Mr. Nickerson, the Board voted, unanimously, to take this matter under advisement. Alan D. Solomont, trustee Reb Sarah Realty Trust Special Permit - Chestnut Street Legal notice read by Mr. Nickerson. Mr. Frizelle stated that the Board cannot hear two petitions on same lot. Attorney J. James represented the petitioner and stated that they want to build a 144 bed nursing home on 8 acres. They would like to continue this petition but do not want to go forward on the second petition, but do not want to withdraw it either. Claim that two distinct parcels are involved and are on adjoining parcels. Mr. Frizelle stated that asking for granting of nursing home and then wanting to go further when the other(edgewood) petition is settled is not right. If you want the total parcel, you should present the entire parcel. Attorney James stated that the petitioner believe they would be prejudiced if they with- drew the original life care petition. Ail they want now is a 144 bed nursing home. Mr. Frizelle said there is a question of acting on a limited proposal now while there is a life care proposal in front of the Board already. Is it worth going forward now when you have two votes against you? Mr. Solomont stated that the nursing home will be an independent item and is a permitted use in that area. Feels that it should be ,' viewed as only one petition just as if no other petition were involved. Have a certificate from the State that a nursing home is needed in the area, and Mr. Solomont is putting an article in Town Meeting regarding life care zoning. Would like the nursing home petition heard tonight, and life care petitio put on hold. The nursing home will be built regardless of the life care outcome. Mr. Frizelle asked - "What do you feel you will be gaining by our hearing this petition tonight?" Mr. Solomont stated that a needed nursing home would be built. They already have a Certificate of Need from the State for the nursing home which was issued in 1985. At that time, a 15-minute recess was called by Mr. Serio, chairman. When meeting resumed, Attorney James requested that both petitions be continued to the next regular meeting. Motion made by Mr. Frizelle and seconded by Ms. O'Connor to continue the two petitions to our next regular meeting. The vote was unanimous. A letter for a time waiver was requested from Attorney James, and he said the board would receive same. Combined Development Group III Trust John J. Rivers, trustee - Special Permit Page 4 Lot 80(B1) Turnpike Street Letter from the Planning Board read, and discussion by Board on the items needed for further review of this petition. J. Linden spoke regarding the wetlands on the back side of hill and requested that the NACC be notified if this petition is granted, be- fore any removal started. Mr. Soule stated that if the drainage were done correctly it would be better than now. Mr. Serio suggested that a letter be sent to petitioner requesting that they submit new plans showing the following; how drainage from the area will be handled, show a siltation basin, the area to be reforested, the slope of the excavation, the area to be grassed upon completion, and also a cross-section showing elevations. Upon a motion made by Mr. Frizelle and seconded by Mr. Soule, the Board voted, unanimously, to continued this hearing until out next regular metting. REVIEWS Francis Gucciardi - variance - 13 Glenwood Street Attorney Schwartz spoke for the petitioner about the question of removal of garage. Plans shown to Board and they wanted to know if the entire garage must be removed or just the portion on the new lot? Attorney Schwartz stated that the new owner has given permission to keep garage as long as present owner is there. Mr. Frizelle stressed that the Board on granting the original variance, stated that the entire garage must be razed. Angus Realty Corp. - Special Permit - 1077 Os~ood St. Original Special Permit was granted on 9/24/85 with many conditions. Item #8 required that plans be revised and submitted to the Board before a building permit be issued. The new pland were submitted by Attorney Caffrey and shown to board members, Chief Dolan, J. Lindon and C. Foster. All felt that the plans were acceptable. Motion made by Mr. Frizelle and seconded by Mr. Nickerson to accept plans as submitted. Vote unanimous. William & Kathleen Masterson - variance - 695 Salem St. Request by Attorney Barbagallo, Jr., for an amendment to Notice of Decision granted by our Board on 10/22/86. Discussion held by Board and decision to send a letter to the Planning Board as follows: "We have reviewed the plans of William & Kathleen Masterson and we advise that it was the intent of the Board to grant the variances on both lots as shown on the plans signed by the Board of Appeals on October 21, 1986" John'J. Enri~ht - variance - 25-27 Concord Street Mr. Cyr, Highway Superintendent wants a new petition submitted for entry into Concord St instead of Wayne St. Mr. Vivenzio said that he had been in touch with Mr. Enright but he will not assume the cost of the new petition and the Town will not pay for it either. Evidently no action can be taken on this matter. Page 5 DECISIONS North Andover Associate~ - variance - Parcel 2 & 3, Foster Street Upon a motion made by Mr. Soule and seconded by Mr. Nickerson to grant the petition with the condition that the lot remain forever with only one house one it (16.06), with the following vote: In favor, Mr. Soule, Mr. Nickerson and Mr. Vivenzio; opposed, Mr. Serio and Mr. Frizelle. The petition was DENIED for a variance from the requirements of Section 7, Paragraph 7.2 and Table 2 of the Zoning ByLaws. Theodore & Rita DiSalvo - variance - 463 Johnson Street Upon a motion made by Mr. Vivenzio and seconded by Mr. Frizelle, the Board voted to DENY the petition as requested. The vote was unanimous to deny a variance from the requirements of Section 7, Paragraph 7.1 and Table 2 of the Zoning ByLaws. The Board finds that the petitioner failed to establish a hardship as set forth in Section 10, Paragraph 10.4 of the Zoning ByLaws and further finds that if the variance was granted, it would adversely affect theexisting neighborhood. Douglas F. Strong Richard Barrett variance - 133 Pleasant Street Upon a motion made by Mr. Frizelle and seconded by Mr. Vivenzio, the Board voted unanimously to GRANT this variance subject to the following condition; No building permit be issued until the parking area is completed. The Board finds that the granting of this variance of Section 4, Paragraph 4.122(14B) and Table 2 of the Zoning ByLaws does not derogate from the intent and purpose of the Zoning ByLaws nor adversely affect the neighborhood. Meeting adjourned at 10:50 p.m. Next regular meeting is March 10, 1987. · Tayl~, Secretary