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HomeMy WebLinkAbout1987-08-11The Board of Appeals held its regular meeting on Tuesday evening, August 11, 1987 in the Selectmen's Meeting Room at 7:35 p.m. The following members were present and voting: Frank Serio, Jr., Chairman, Augustine Nickerson, Clerk, William Sullivan, Raymond Vivenzio and Anna O'Connor. PUBLIC HEARINGS Dan Keshian - Variance - 344 Raleigh Tavern Lan~ Legal notice read by Mr. Nickerson. Mr. Keshian, the petitioner, spoke for himself. Motion made by Mr. Vivenzio and seconded by Mr. Nickerson to take this matter under advisement. Vote was unanimous. John & Francis Sullivan - Variance - South side of Holt Road Legal notice read by Mr. Nickerson. Mr. Sullivan, the petitioner, spoke for himself. A letter from the Planning Board was read by the Clerk as follows: "The applicant is subject to Site Plan Review for this project if the number of parking spaces re- quired are five or more. Consult Section 8.3 of the North Andover Zoning Bylaw." Motion made by Mr. Nickerson and seconded by Ms. O'Connor to take the matter under advisement. Vote was unanimous. Gary & Sally Mucica Variance - 70~ympic Lane Legal notice read by Mr. Nickerson. Mrs. Mucica spoke for the petitioner. Motion made by Mr. Vivenzio and seconded by Mr. Sullivan to GRANT the variance as requested provided a plot plan was submitted. The vote ~as unanimous. Raymond Cant¥ - Variance - 46 Phillips Court Legal notice read by Mr. Nickerson. As no one was present to represent the petitioner, a motion was made by Mr. Sullivan and seconded by Ms. O'Connor to continue the public hearing until the September meeting. The vote was unanimous. David & Cheryl Lanzoni - Variance - 24 Lon~wood Avenue Legal notice read by Mr. Nickerson. Attorney Frederick Keyes represented the petitioners. Motion made by Mr. Sullivan and seconded by Mr. Nickerson to GRANT the variance as requested. The vote was unanimous. John & Evelyn DiGaetano - Variance - 177 Great Pond Rd. Legal notice read by Mr. Nickerson. Attorney J. Hyde represented the petitioner. Letter from the Planning Board read by Mr. Nickerson, as follows: "In order to evaluate the environmental impacts of this variance request I would like to see additional information placed on the plan: topography, proposed grading plan and existing grade [slope]. soils type and condition. construction schedule. post bond to ensure that erosion/sedimentation does not occur. Page 2 DiGaetano (con'd) Lastly, why can't the applicant construct the addition on the other side of the dwelling to minimize adverse environmental impacts to the brook. I would also appreciate the board circulating these types of plans to the professional staff to review in assist in the decision makeing process." Motion made by Ms. O'Connor to grant the varianc~ no second. Mr. Serio entertained for another motion. Motion made by Mr. Sullivan and seconded by Mr. Nickerson to take the matter under advisement. Mr. Vivenzio abstained. Peter T. Slipp, trustee Variance Lots 56,58, 59 and Part of 60, Pleasant St. Legal notice read by Mr. Nickerson. Attorney Charles Perrault spoke for the petitioner. The applicant wishes to withdraw without prejudice. Motion ma~by Mr. Sullivan and seconded by Mr. Vivenzio to allow the applicant to WITHDRAW WITHOUT PREJUDICE. The vote was unanimous. MaryLee Spicer .Special Permit - 59 Elm Street Legal notice read by Mr. Nickerson. No one came to the meeting to represent the petitioner, therefore, a motion was made by Mr. Sullivan and seconded hy Mr. Nickerson to continue the public hearing until the September meeting. The vote was unanimous. Harold J. McPhee - Variance & Special Permit - 63,65 & 67 Water St. Legal notice read by Mr. Nickerson. Attorney Domenic Terranova represented the petitioner and stated that the petitioner asked to withdraw without prejudice. Letter from the Planning Board read by Mr. Nickerson, as follows: "This petitio~ ~s subject to Site Plan Review of the North Andover Zoning ByLaw and must seek a Special Permit from the Planning Board if the use will require five or more parking spaces." Motion made by Mr. Sullivan and seconded by Mr. Nickerson to allow the applicant to WITHDRAW WITHOUT PREJUDICE. The vote was unanimous. David R. Scanlon Variance - 322 Middlesex Street Legal notice read by Mr. Nickerson. Mr. Scanlon represented himself. Letter from the Planning Board read as follows: "If the petitioner is seeking to add a "family suite" it is in fact a second dwelling since family suites are not noted in the Residential 4 zoning district. It should be more appropriately considered as an additional unit." Douglas Stevenson spoke for his father-in-law, Mr. A. Cilcus, who is an abutter to the property. Motion made by Mr. Sullivan and seconded by Mr. Vivenzio to continue the hearing until the September meeting. The vote was unanimous. Suzanne & Nichole Kucharewski - Variance - Lot 25D, Carlton Lane Legal notice read by Mr. Nickerson. Ms. Kucharewski spoke for herself. There was no objections from abutter for allowing the petitioner to enclose existing deck. Motion made by Mr. Sullivan and seconded by Mr. Nickerson to GRANT the variance as requested, The vote was unanimous. Page 3 CONTINUED PUBLIC HEARINGS Robert Turner - Special Permit - 54-56 Saunders Street Discussion held on the parking problem. Board finds that there is not enough room to park six (6) ears in front. Motion made by Mr. Vivenzio and seconded by Ms. O'Connor to allow the petitioner to WITHDRAW WITHOUT PREJUDICE. The vote was unanimous. Robert Labadini - Special Permit - 35 Bay State Road Discussion held on the parking problem. Motion made by Mr. Vivenzio and seconded by Ms. O'Connor to GRANT the Special Permit as requested with the condition that the driveway be added on as indicated on the plot plan six (6)' and three (3)', hot top. Mr. Sullivan abstained. Alan Solomont - Special Permit - Chestnut Street (nursing home) Letter from Steinberg, Shaker, Lewis and James read by Mr. Nickerson as follows: "As you know, this office represents the above-referenced petitioner. We hereby respectfully request that the petition filed relative to the 6.2 acre site for a 230 bed nursing home be permited to be withdrawn without prejudice. Under separate cover, we have requested that the other petition relative to the entire 46 acre parcel be continued unitl October 13, 1987." Signed by Attorney John A. James, Jr. Motion made by Mr~ Nickerson and seconded by Mr. Vivenzio to allow the petitioner to WITHDRAW WITHOUT PREJUDICE. The vote was unanimous. Mr. Sullivan did not vote as he was not at the original meeting. Alan Solomont Special Permit - Chestnut Street (lifecare center) Letter from Steinberg, Shaker, Lewis and James read by Mr. Nickerson as follows: "As you know, this office represents the above-referenced petitioner. We hereby respectifully request that the public hearing be continued from August 11, 1987 until October 13, 1987. This request is based upon our belief that due to the pendency of legal actions concerning the Board's previous decision in this area, the best interests of the Town would be served by a continuance. Further, since a special Town Meeting may be held in the future concerning Life Care, the issues may become moot. Also the study committee appointed by the Town Manager has not completed its report. We hereby agree to extend the time limits imposed by G.L. Chapter 40A, Sectopm ;5 relative to a decision in this matter until November 10, 1987, and waive any rights that we might otherwise have pursuant to said statute." Signed by Attorney John A. James, Jr. Motion made by Mr. Vivenzio and seconded by Mr. Nickerson to continue the public hearing until the October meeting, with the condition that no further continuances be granted. The vote was unanimous. Mr. Sullivan did not vote as he was not at the original meeting. Page 4 K.M,T.K. Realty Trust - Special Permit - 296-298 Sutton St. Mr. Nickerson read the minutes from the previous meeting pertaining to this petition. The petitioner wants to make a two-family dwelling into a three-family dwelling. Motion made by Mr. Nickerson and seconded by Mr. Vivenzio to DENY the petition on the grounds of inadequate parking. The vote was unanimous. DECISIONS Dan Keshian - Variance - 344 Raleigh Tavern Lane Motion made by Mr. Vivenzio and seconded by Ms. OtConnor to GRANT" the variance as requested. The vote was unanimous. John & Francis Sullivan Variance - South side of Holt Rd. Motion made by Ms. O'Connor and seconded by Mr. Sullivan to GRANT the variance with the condition that it only be a one-story building. The vote was unanimous. John & Evelyn DiOaetano Variance - 177 Great Pond Road After a short discussion, the Board decided to continue this public hearing so that they could make a site visit to the property in question. The meeting was adjourned at 10:30 p.m. The next regular meeting of the Board will be on September 8, 1987 in the Selectmen's Meeting Room Audrey W/Taylor, ~ecretary to Board o . n Minutes taken by Janet Eaton, Planning Board secretary.