HomeMy WebLinkAbout1987-09-08The BOARD OF APPEALS held its regular meeting on Tuesday evening, September 8, 1987
in the Selectmen's Meeting Room. The meeting was called to order at 7:50 p.m. The
following members were present and voting: Frank Serio, Jr., Chairman, Alfred
Frizelle, Vice-chairman, Augustine Nickerson, Clerk, Anna O'Connor, Raymond Vivenzio
and Louis Rissin, DMD.
PUBLIC HEARINGS
Jeffery & Paula Dunn - Variance
1907 Salem Street
Legal notice read by Mr. Nickerson. Mr. Dunn spoke for the petition stating that his
mother-in-law will be living with them so they need additional room. No one from the
audience spoke for or against this petition. Front of ours will be 80' from the rear
of theirs. In reply to Mr. Nickersons question, the petitioner stated that they do
have a sunroom.
Motion made by Mr. Frizelle and seconded by Mr. Vivenzio to take the matter under
advisement. Vote was unanimous.
Continental Cablevision
Special Permit - Clay Pit Hill, Johnson St.
Legal notice read by Mr. Nickerson. Mr. Brennen spoke for his petition stating that
at the top of Clay Pit Hill there are two vehicles now. Programs will be switched to
other satellite dishes in the future so they need two (2) more receive dishes in order
to get the new programs, one (1) 4½-meter dish and one (1) 3-meter dish. Mr. Vivenzio
asked what the HE on the plans stood for, and Mr. Brennen said that it was a building.
The site is in R-2 zoning.
Mr. Kenneth Golan spoke in opposition to this petition stressing that abutters at the
base of the access road have a very bad water problem, and that the condition of the
road is awful. They want it repaired before any more work is done. According to Mr.
Martin(abutter) they were supposed to fix the road some time ago. He feels that the
road should be completed before anything is given to the cable company. If the entire
road is not paved, they would like it done as far as their property goes. Mr. Martin
stated that the Town wanted the entire road done with correct drainage. Across the
street there is a sediment pond and the Town digs it out every now and then.
Mr. Brennen stated that they are presently waiting for a report from the NACC regard-
ing the road. Mr. Serio asked how soon they needed the two dishes up there and Mr.
Brennen said, sometime in December the new satellites will be in service. The testing
will be done in September. Petitioner stated that they would put it out for bids as
soon as they could but did not know how long the construction would take for the road,
etc. Mr. Rissin asked if the petiiton conformed to all the new bylaws and Mr. Frizelle
said yes.
Mr. Vivenzio asked why the petitioner had waited so long to apply for the permit, and
Mr. Brennen said that he had only found out about it in July and it had taken this long
to get all the paper work together. The system should be upgraded in 1989-1990. The
expansion of cable coverage depends on the population density or at our own option.
The density is checked out all the time, with construction, we have contractors working
in the field at all times.
Mr. Nickerson stated that conditions would have to be put on the decision so that the
road would be in before the dishes go in. Mr. Brennen stated that tomorrow is a key
night because of the NACC meeting. The road is necessary for us as well as the abutters.
The only problem is how long it will take to construct the roadway.
Motion made by Mr. Vivenzio and seconded by Mr. Frizelle to continue the public hearing
to our October 13th meeting, to give the petitioner time to submit road and drainage
plans and get his decision from the NACC.
Vote was unanimous.
Page 2
Raymond Cant¥ - Variance -
46 Phillips Court
Legal notice read by Mr. Nickerson.
Mr. Canty spoke for the petition, he wants to add a family room to the house and needs
a variance of 6'. They already have a variance for the porch. Mr. W. Canty (son) is
an abutter and spoke in favor of the addition and stated that it will not be any closer
to their house. Mr. Brodrick spoke in oppostion to this petition stating that he did
not want to look at the addition from his backyard. He also stated that the porch
addition was put on before a variance was granted the first time.
Motion made by Mr. Frizelle and seconded by Mr. Vivenzio to take the matter under
advisement. Vote was unanimous.
MaryLee Spicer - Special Permit
Legal notice read by Mr. Nickerson.
59 Elm Street
Mr. Spicer spoke on this petition stating that he wanted to refinish an existing room
on the third floor to make a studio apartment and need dormers. No change will be
made in the lot lines. Previous owner used the room for storage. This would be a
third living unit in the building and contain a kitchenette. Two exists will be
there and we have amply parking. There will be a spiral staircase from the loft.
Mr. Frizelle stated that they would also need a variance, but they could grant the
Special Permit on the condition that the petitioner come back for the variance.
Mr. DeAngelo stated that the petitioner should come back with architects plans for
this petition.
Mr. Vivenzio suggested that the petitioner withdraw without prejudice and come hack with
professional plans of site and proposed construction, and that they need a variance
as well as a Special Permit because of the dormer.
Motion made by Mr. Vivenzio and seconded by Mr. Frizelle to allow the petitioner to
WITHDRAW WITHOUT PREJUDICE. The vote was unanimous.
David R. Scanlon
Variance -
322 Middlesex Street
The Board received a letter from the petitioner requesting that he be allowed to
withdraw without prejudice.
Motion made by Mr. Vivenzio and seconded by Mr. Frizelle to allow the petitioner to
WITHDRAW WITHOUT PREJUDICE. The vote was unanimous.
DECISION
John & Evelyn DiGaetano - Variance - 177 Great Pond Road
Upon a motlon made by Mr. Vivenzio and seconded by Ms. O'Connor, the Board voted to
GRANT the variance as requested. Voting in favor were Mr. Serio, Mr. Nickerson, Mr.
Vivenzio and Ms. O'Connor. Mr. Sullivan sat on the original hearing but was absent
from this meeting.
PUBLIC HEARING
Alan D. Solomont, Partner
North Andover Associates
Special Permit
1803 Salem Turnpike
Route 114
Legal notice read by Mr. Nickerson.
Page 3
Alan D. Solomont (con'd)
Attorney J. James stated that Mr. Solomont would present the petition to the Board.
The nursing home would consist of 142 beds, 66 2-bed rooms and 10 1-bed rooms for
a total of 142. The facility would be on a 4± acre site. The State Department of
Public Health has granted their permit and feel that the need exists for more nursing
homes. The petitioner believes that this land is appropriate for this type of facility
an R-2 zone bordered by the State Forest. Claims that this petition will not have any
adverse affect on the Town or the neighborhood. David H. Dunlap, the architect for the
project spoke for the petitioner, showing site plans and drawings and designs of the
anticipated buildings. Stated that with the help of Mr. Solomont, he had eliminated
many errors made by other architects usually made in nursing home design. The building
meets all the requirements of R-2 zoning onRoute 114, plan to have two entrances from Rt.
114 and the DPW will determine the curb cuts on Route 114.
Mr. Serio questioned why there is a need for two entrances from Route 114, and Mr. Dunlap
stated that one would be for the doctors, visitors, handicapped, etc, because of the
easy access to the elevator, etc. The second entrance would be for the employees and
any deliveries. He stressed that the sight lines were excellant from both exits and
the area will be graded to provide for this. The State will decide on the actual curb
cuts at a later date. The ambulance will have a seperate entrance and the area fully
landscaped. The building is set back 100' from the lot line. Complete access around
the building is provided for the Fire Department. Some of the lot will be left as is
and the landscaping worked into it. Ail building codes will be adhered to.
The first floor will contain business offices, administration, gift shop, chapel,laundry,
activity rooms, etc. Second and third floors will be the bedroom areas for active
and intermediate patients.
Mr. Serio asked about the house that is presently on the land. Mr. Dunlap stated that
the house may be used or it may not be. The house is 25' from the paving. Mr. Serio
asked it it would obstruct the view and Mr. Dunlop said no, with the.new grading the
visibility~wii1 be good. Petitioner feels it would make a positive contribution to
the Town as well as the senior citizens of the Town. The running of the nursing home
will be similar to the Prescott House.
Mr. Frizelle asked if it met the square footage of Table 2 and Mr. Solomont said yes.
Mr. Vivenzio asked if it met the parking requirements of the new bylaw, and Mr. Solomont
stated that they had provided 78 spaces, although only 76 were needed.
Lisa Fiore, 16 Berry St, an abutter asked about the sewage and if they would be tying
into Town sewers, Mr. Solomont said that as soon as the sewer system was put along
Route 114, they would tie in. The nursing home will have a septic system and will have
a leeching field, from facility to tank to leeching area. Will be viewed by the Town
before any building is done. There is a holding tank but not one that has to be pump-
ed out, a holding tank of 22,000 gallons. Mr. Vivenzio asked if a leech field could be
under a driveway and Mr. Borgasi said yes, and that the perk tests have already bed
done, as well as deep test fits(last spring). Mr. Frizelle asked if there was enough
water in the lake to service this facility, and Mr. Borgesi said yes, the only problem
is taking the water out of the lake, but the water treatment plant will take care of
that. Ms. Fiore asked how you figure out the amount of water needed, and Mr. Solomont
said that Title 5- Nursing Homes has a specific amount listed. The water treatment
plant will take 24 months to construct, and the nursing home is expected to be completed
in 18 months.
Mr. Solomont stated that the original site was too small and that they added two acres
to the site, purchased the land next to site so had to change the perk and leech field
area. State enviromental information sent to Town Clerk, Planning Board and NACC.
There will be approximately 35-40 employees on the first shift and about 90 all together.
Mr. Solomont said that their reputation should speak for itself. The only complaints
are that there are not enough rooms for everyone. There are time frames that they have
to meet and they would appreciate the help of the Board and will work with them.
Motion made by Mr. Frizelle and seconded by Mr. Nickerson to continue this hearing
to the October 13, 1987 meeting.
Vote was unanimous.
DECISIONS
Jeffery & Paula Dunn
Variance
Page 4
1907 Salem Street
Motion made by Mr. Frizelle and seconded by Mr. Vivenzio to GRANT the variance as
requested to permit relief of Section 7, Paragraph 7.3 and Table 2 of the Zoning
ByLaw so as to permit construction of an addition to existing home on the premises
located at 1907 Salem St. The vote was unanimous.
Raymond Canty
Variance
46 Phillips Court
Motion made by Hr. Frlzelle and seconded by Mr. Vivenzio to GRANT the variance as
requested to permit relief from Section 7, Paragraph 7.3 and Table 2 of the zoning
bylaws to permit addition of family room to existing building. Vote was unanimous.
Mr. Serio announced that the Maynard court case scheduled for this date has been
rescheduled to September 22, 1987 at the same time, 9:30 a.m. Meeting was adjourned
at 9:30 p.m. Next regular meeting will be held on October 13, 1987 at 7:30 p.m. in
the Selectmen's Meeting Room.
ylor, S