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HomeMy WebLinkAbout1985-03-11March 11, 1985 Regular Meeting The Board of Appeals held a regular monthly meeting on Monday, March 11, 1985 at 7:30 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; W~{}z~m-'~J~ Sullivan: and Associate Member Walter F. Soule. Building Inspector Charles Foster was present. PUBLIC HRARINGS Daher, Kenneth - Variance - Great Pond Road Mr. Sullivan read the legal notice. Mr. Daher was present and made the following presentation: - He is proposing to construct a driveway which will involve cutting of vegetation in the Watershed. - The driveway will be within 150 feet of the lake. - He has a sewer tie in. There will be no septic system. - There will be no negative impacts on the lake. There will be very little cutting. - He had a registered aborist on the site. There are a couple of small red oaks. - There will be two cars using the driveway. - The driveway will be 14 feet. - He has tried every other means to gain access to the lot. - The sewer will tie into the French Farm Village subdivision. - If the variance is not granted, he cannot use the land. There will be no access. - One tree with dead rot will be removed and the red oaks will be moved. A letter from the Building Inspector was read and placed on file. Mr. Foster pointed out that Mr. Daher will need a Special Permit from the Planning Board in addition to the variance from the Board of Appeals. 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 Mr. Daher asked for a speedy decision by the Board. Elliot, Robert - Removal of condition from previous decision - Berkeley Road Mr. Sullivan read the legal notice. Mr. Foster reported that a restri~ a previous decision of the Board of Appeals (1970). At that time, the zoning required 25,000 square feet and has changed to 12,500 square feet. The parcel is of sufficient size to be subdivided into two lots, but the previous condition stating that it must remain as one must be removed by this Board. Mr. Elliot was present and made the following presentation: - He proposed to subdivide and sell one lot. Since the previous decision was rendered, the area has been drained. The reason for the previous condition was that the lot was wet. The previous decision was the result of a variance request made by his mother to place her dwelling closer to the lot line than was required and it was granted with the above mentioned condition. 'The lot is completely dry now. The sewer has been extended. NO one spoke in favor or opposition to the:,~e%i~%ion. MOTION: by Mr. Frizelle to take the ~etition under advisement. SECOND: by Mr. Soule VOTE : Unanimous - motion carries Bubar, Michael - Variance - Dale Street Mr. Sullivan read the legal notice Mr. Bubar was present and made the following presentation: - The house is too small and they propose to add on to it rather than move. - The addition will be 15 feet from the lot line. - It is near the Bear Hill subdivision - On the left hand side, there is a.~ossibla~-e~G~oac~hme~-(shed) which will be removed. Mr. Foster said that when he reviewed the petition, he noticed that the lot was formed back in 1950. If that is the case, and if the owner has not combined it with any other land, he does not need variances. It comes in under Sectin 7.8 of the Zoning By Law. It could be grandfathered in. He will need proof of the status of the lot before he can issue a building permit. Mr. Frizelle suggested continuing the public hearing. No one spoke in favor or opposition to the petition and Mr. Fred White stated that the petitioners have improved the property. MOTION: by Mr. Frizelle to continue the public hearing until 4/8/85. SECOND: by Mr. Soule VOTE : Unanimous - motion carries Forzese, Josephine - Variance -'Chestnut Street Mr. Sullivan read the legal notice. Mrs. Forzese was present and made the following presentation: - The property was surveyed and the violation was discovered. - The garage in violation has been there for 18 years. No one spoke in favor or opposition to the petition. MOTION: by Mr. Frizelle to grant the variance as requested. SECOND: by Mr. Sullivan VOTE : Unanimous - motion carries #eikle, Robert - Variance and Special Permit - Salem Street Mr. Sullivan read the legal notice. Mrs. Meikle was present and made the following presentation: - She is selling the property to her son and his wife and would like to have an in-law apartment, which is the reason for the Special Permit request. Mr. Robert Brown, contractor, added the following: - The property is on Salem Street. It will.be 23 feet from the lot line and 88 feet from the road. They propose to put the apartment in the existing garage and the variance is needed to construct a new garage. They will change the location of the driveway. The right-of-way is only 15 feet wide. They will not touch the right-of-way. With the exception of the deck, the in law apartment will be constructed within the building. The in law apartment will consist of a bedroom, living room, kitchen, and bath. The emphasis is on the Special Permit for the apartment, not the variance for the proposed garage. Mr. Kozdras stated that he is concerned with the right-of-way. No one spoke in favor of the petition. Speaking in opposition were Nancy Salafia and Robert Eddy. Ms. Salafia stated: - She questioned if the Meikle's owned the land in question. - She owns the property next door, where her parents reside. There is a garage with no doors. It is 9 to 10 feet from the wall. - There is plenty of land on the other side. If the Special Permit is granted, what is to prevent them from coming in and asking for a garage. The driveway will have to be moved. She questioned if it was built 30 years ago. piece-meal. It will be Mr. Eddy stated: His position is that an in law apartment will devalue his property. He has a lot of money tied up in his home and he does not want two-family dwellings next to him. Member Frizelle suggested moving the front exit so as to give the dwelling the appearance of a single family. Mr. Brown stated that there is 5 feet, six inches to work with between the buildings. Buddy Cyr, an abutter, stated that he has no problem with the in law apartment, but he would like to have them keep the structure looking like a single family home. He then asked about the septic system. Mr. Brown responded that sewage is proposed in the area but it will be put on a septic system for now. The same number of people will be living there. Mrs. Meikle stated that she will withdraw the variance request. She added that the comment about ownership is news to her and that she had the property surveyed six years ago. MOTION: by Mr. Frizelle to take the petition under advisement. SECOND: by Mr. Sullian VOTE : Unanimous - motion carries Town of North Andover (Board of Public Works) - Variance - Great Pond Road Mr. Sullivan read the legal notice. Mr. Joe Borgesi, Superintendent of Public Works, was present and made the following presentation: They are proposing to constuct a new water treatment plant on the side of the existing south pumping~at.~on on Great Pond Road. · The property was deeded to the town in 1898 by the Stevens family. The lot has 51 feet of frontage where 150 is required. All other zoning requirements will be met. The reason they are before this Board is that there is a problem with timing with the proposed moratori,,m article for Town Meeting. He needs the building permit now or he will have to wait.three years. He will go before the Planning Board next week for a Special Permit to construct in the Watershed District. The status of the plant is that they have applied to the State DEQE for a grant to assist in the construction of the plant. M. Anthony Lally is preparing the plans. They will seek $10.5 million at Town Meeting and hope for a 50% reimbursement from DEQE. The plant will have to be built if the town is to continue to supply water. If the funding is approved at Town Meeting, they expect to do the work over the next three years'. NO one spoke in favor or opposition to the~ti~i~9. ~ ..... Mr. Foster added that the lot may be grandfathered in, but it may require the variance if the project is bonded. MOTION: by Mr. Frizelle to grant the variance as requested. SECOND: by Mr. Sullivan VOTE : Unanimous - motion carries DECISIONS Centu~ Laminators - Variance - Nillo~ Street MOTION: by Mr. Frizelle to grant the variance for an addition to the property of 68 feet by 10 feet as shown on the plan, subject to the following conditions: 1. There be no storage to the rear of the l0 foot addition to the end of the building along the side of the existing building. 2. There shall be shrubs planted and maintained, consisting of a minimum of four foot high hemlocks, spaced four feet on center, planted on the side lot line from the beginning of the stockade fence to the rear of the chain link fence. 3. The addition shall be of the same building materials as the existing building. 4. The plan shall be revised to meet the Board's requirements and reflect the above conditions. SECOND: by Mr. Sullivan VOTE: Unanimous - motion carries. Daher, Kenneth - Variance - Great Pond Road MOTION: by Mr. Soule to grant the variance as requested. SECOND: by Mr. Sullivan VOTE : In favor - 1 (Soule) Opposed - 3 (Serio, Frizelle, Sullivan) Motion fails - petition denied. Elliot, Robert - Removal of condition - Berkeley Road MOTION: by Mr. Frizelle to remove the condition from the previous decision. SECOND: by Mr. Soule VOTE : Unanimous - motion carries Meikle, Robert - Special Permit - Salem Street No action - Board to view the site. Ashland Street - Review of conditions A1Frizelle placed this on the agenda for a review of the con- ditions placed on three petitions for Special Permits for con- versions for possible non compliance. He stated that there are cars parked in front of the buildings. The Board's decisions contained conditions that the parking must be in the rear. Building Inspector Foster reported that the parking areas are in the rear of the buildings. The tenants do not park in the rear. The Board asked Mr. Foster to send a letter to the owners. lqcCo~ish, Lance - Request to extend ~ecial Permit Mr. Frizelle read a letter dated 2/20/85 from Mrs. McComish. MOTION: by Mr. Frizelle to extend the Special Permit to 2/22/86 and to make this the last extension. SECOND: by Mr. Soule VOTE : Unanimous - motion carries Jo~ee, ~aureen - Revised plans - Main Street The Board reviewed the revised plans and signed them. MINUTES 1/14/85; 1/22/85; 2/11/85 MOTION: by Mr. Frizelle to accept the minutes as written SECOND: by Mr. Soule VOTE : Unanimous - motion carries RF~IC4~ATION OF M~BER DICK TREPA~IER Chairman Serio read a letter from Dick Trepanier notifying the Board of Selectmen of his resignation. Mr. Serio stated that it is with regret that he accepts the resignation. The meeting adjourned at 10:00 p.m. Fran~ Serio, Jr~ Chairman Jean E. White, S6eretary