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HomeMy WebLinkAbout1985-02-11February 11, 1985 Recjulax lieeting The Board of Appeals held a regular monthly meeting on Monday, February il, 1985 at 7:50 p.m. in the Town Office Meeting Room with the following members present and voting: Frank Serio, Jr., Chairman: Alfred E. Frizelle, Esq., Vice Chairman; William J. Sullivan; and Associate Members Walter F. Soule; Raymond A. Vivenzio, Esq., and Maurice S. Foulds, who arrived late. Building Inspector Charles Foster was also present. Costello, John and Narlf Lou - Variance - Middlesex Street Member Vivenzio read the legal notice. Attorney Michael James Gotham, representing the petitioners, made the following presentation: - In the process of selling the property a survey was done. - It indicated that the rear corner of the pool is only five feet from the property line. - A building permit was issued in 1976 for the installation of the pool and no one was aware of any violation. - The required setback for the pool is 10 feet. - The variance is needed to clear the title to the property. No one spoke in favor or opposition to the petition. MOTION: by Mr. Frizelle to take the petition under advisement. SECOND: by Mr. Soule VOTE : Unanimous - motion carries Longo, Anthony and Blanche - Variance -Norris Street Member Vivenzio read the legal notice Attorney Michael James Gotham, representing the petitioners, made the following presentation: - A plot plan was drawn for conveyance purposes and it revealed a rear setback violation. - The property was subdivided and the house was constructed in 1962. The portion in violation appears to have been in violation since that time. - Since the time the house was constructed, a patio and a pool have been added but they comply with zoning. - The variance is necessary to clear title to the property. No one spoke in favor or opposition to the petition. Mr. Ritchie, a neighbor, added that nothing has been added to the original dwelling. MOTION: by Mr. Frizelle to take the petition under advisement. SECOND: by Mr. Vivenzio VOTE : Unanimous - motion carries Kenyon, Mark - Yariance - Autran Avenue Member Vivenzio read the legal notice. Mr. A1 Hambleton, co-owner of the property, made the following presentation: - In the process of purchasing the property, it was discovered that zoning violations exist. - The mortgage company went along with letting them buy the house, but they need the variance. A letter from the Building Inspector was read. No one spoke in favor or opposition to the petition. MOTION: by Mr. Frizelle to take the petition under advisement. SECOND: by Mr. Vivenzio VOTE : Unanimous - motion carries Lafond, Richard and Lillian - Variance - Andower Street Member Vivenzio read the legal notice. Mr. Richard Lafond was present and made the following presenta- tion: He wants to move his office from his home. He has been in business for 25 years. He and his wife own the property on Andover Street. The variance is needed because they do not intend to live on the premises. The only changes will be painting the building and landscaping. The parking will be changed slightly to make it more accessible. They have spoken to the abutters and will comply with any requests they make. - There are other businesses in the neighborhood. The primary purpose of the house would be residential. The upstairs will continue to be rented. The lot is segregatd by Rock Road. There will be no parking on Rock Road. No one spoke in favor of the petition. Speaking in opposition were: Bill Lever Nancy Lever Pat Noonan Carol Jacobs Tim Noonan Edward Jacobs The abutters' objections were: Directly across the street from Rock Road there was a single family house a few years ago. It was moved and the zoning line was questionable. The Board of Appeals allowed the house to be used as a business. The applicant said there would be no additional parking on the lot and that no changes would be made to the building. Approximately two years ago, the house was moved and the land was sold and a huge office building is now on the site. There are 86 children in the Rock Road development with more houses for sale. To allow a variance on the home occupation rule would make it a commercial piece of property. There was a house sold at 424 Andover Street and it was supposed to be a real estate office, but no one is living there. This is a residential area. There are several children in the neighborhood and these types of variances should not be allowed. Any home occupation could come before this Board with the people not living there. Their homes are their biggest investments. There are enough businesses on Route 125. - Granting this variance will set a precedent. k There would be no objection if the petitioner lives in the house. Mrs. Lillian Lafond added that she appreciates the feelings of the people on Rock Road. However, neighborhoods begin and end some- where. This house in question is not part of the Trafalgar Estates subdivision. They will use Andover Street. Member Frizelle asked the petitioner how much of the area would be used and Mr. Lafond responded it would be 25% with three people working there (himself, his wife and his son). MOTION~ by Mr. Frizelle to take the petition under advisement. SECOND: by Mr. Vivenzio VOTE : Unanimous - motion carries Century Laminators - Variance - Willow Street Member Vivenzio read the legal notice. Mr. Jun Maliwanag of Century Laminators made the following pre- sentation: - There may be a violation of the Zoning by Law. They tried to get a building permit for construction and they were granted one, but when they proceeded with the work, they were advised that they were in violation of the 50 foot setback requirement. They are new in this area and so far they have invested $2 million in the project. It is a very necessary building for their operation. Ail of the equipment is in place already. - They are located in a business park with no residences. - They are leasing the property with an option to purchase. Note: Ms. Lynn Trombly, representing the owners of the property, stated that the applicant has approval to seek the variance. Mr. Maliwanag continued with: They have an extreme hardship. Moving the building would be very costly. - The texture 111 shown on the plan. Will be changed to steel. - They will change the pitch of the roof. No one spoke in favor of the petition. Speaking in opposition was Mr. Anthony Sakowich, an abutter. His objections were= He is opposed to the addition because when he moved to North Andover, one of the attractions was good zoning and the people stood by their laws. He saw a building go up with plywood texture 111. It is like a shack. There is no reason why the addition could not be constructed on the other side of the property. They have plenty of land. The building is too close to his building. It does not conform with the aesthetics of the business park. There would be no hardship to moving it somewhere else on the lot. It could go on the left side of their building. The covenant by the developer says that anything can be stored if it is fenced in. It leads you to believe that you have to be 20 feet away. He questions the covenant. The Town's Zoning by Law supercedes the covenant. - He questined the cost of moving the addition. Note: Ms. Trombly said she objects to the suggestion of moving the addition. Mr. Ramiriz of Century Laminators added the following: They would have to redesign the entire system. The problem is faulty planning. In other plants, this operation would be conducted outside. In this part of the country, it must be enclosed. They will conform aesthetically to the rest of the park. They will not store anything on that side of the building and they will plant elm trees. Note: Building Inspector Charles Foster stated that all storage must be covered. Note: Lynn Trombly added that the covenants are very important. The proposed trees will blend in and eliminate the view of the fence. MOTION: by Mr. Frizelle to take the petition under advisement. SECOND: by Mr. Vivenzio VOTE : Unanimous - motion carries D~ISION$ Goodrich, Robert & Monique - Party Aggrieved - Flagship Drive Note: Member Foulds arrived. Sitting: Serio, Frizelle, Sullivan, Soule, Foulds Member Sullivan reported that he viewed the property and the building on Lot W, Flagship Drive and that he is of the opinion that no matter where the building on Flagship Drive was placed, the petitioners would still object. Placing the addition else- where on the lot would not solve the problem. Member Frizelle added that to change a position the Board took two years ago on this situation would be saying they were wrong then. MOTION: by Mr. Frizelle to deny the request and find that the Building Inspector properly issued the building permit in reliance upon the decision of the Board of Appeals dated July 23, 1982. SECOND: by Mr. Sullivan VOTE : In favor - 4 (Serio, Frizelle, Sullivan, Foulds) Opposed - 1 (Soule) Motion carries - petition denied. Costello, John - Variance - Middlesex Street MOTION: by Mr. Frizelle to grant the variance as requested. SECOND: by Mr. Soule VOTE : Unanimous - motion carries Lor~o, Anthony - Variance - Morris Street MOTION: by Mr. Frizelle to grant the variance as requested. SECOND: by Mr. Vivenzio VOTE : Unanimous - motion carries Kenyon, Mark - Variance - Autran Avenue MOTION: by Mr. Frizelle to grant the variance as requested. SECOND: by Mr. Vivenzio VOTE : Unanimous - motion carries Lafond, Richard - Variance - Andover Street MOTION: by Mr. Frizelle to deny the petition in accordance with Section 10 of Chapter 40-A for the reason that the request is for a variance in use or activity which is not permitted in the R-4 zoning district under the North Andover Zoning By Law. SECOND: by Mr. Vivenzio VOTE : In favor - 4 (Serio, Frizelle, Soule, Foulds) Abstained- l(Sullivan) Motion carries - petition denied. Century Laminators - Variance - Willow Street No action - the Board will view the site and render a decision at the next regular meeting. R~-ORC, A~IZATION Chairman MOTION: by Mr. Frizelle to elect Mr. Serio for Chairman. SECOND: by Mr. Sullivan VOTE : Unanimous Vice-Chairman MOTION: by Mr. Sullivan to elect Mr. Frizelle for Vice-Chairman SECOND: by Mr. Vivenzio VOTE : Unanimous Clerk MOTION: by Mr. Frizelle to elect Mr. Trepanier for Clerk SECOND: by Mr. Sullivan VOTE : Unanimous The meeting adjourned at 9:20 p.m. F~rlo, ' airman Jean E. White, Secretary