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HomeMy WebLinkAbout1985-08-12August 12, 1985 Regular Meeting The Board of Appeals held a regular monthly meeting on Monday, August 12, 1985 at 7:30 p.m. in the Town Office Meeting Room, The following members were present and voting: Frank gerio, Jr., Chairman; Alfred E. Frizelle, Esq., Vice Chairmen; Augustine W. Nickerson, Clerk; William J. Sullivan, Raymond A. Vivenzio. John Simons, associate member was also present, Building Inspector Charles Foster was present. Chairman gerio opened the meeting at 7:40 p.m. FdBLIC ~EARINGS CAS~-Y, JO~N - PAler .AC~IV~D - INNIS STI~ET The Clerk read the legal notice. Hr. Cagey requested a review of a decision made by the Building Inspector regarding the operation of the ABC Bus Company of 8 Adrian St. Letter from Mr. Casey given to all Board members explaining the history of problem and lack of action by the Building Inspector. Hr. Foster, in letter to ABC Bus Company set a date of 9/1/85, at which time bus company should be moved from present location. Hr. Foster stated one problem that a considarable money value involved to ABC and current restraints on zoning makes it harder for ABC to move quickly. Once land purchased, Order of Conditions from ConservationCommission must be addressed before building permit could be ob~ained. They are presently awaiting contractor to start building. ABC assured Hr. Foster that they will be out by 9/1/85. Mr. Cagey questioned creditmbility of ABC regarding the 9/1/85 date. How are they sure that the date will be upheld. When problem started there were 42 buses there, and there are 51 at present. Mr. Cagey would like more specific informetion and legal action to be taken if ABC does not live up to the ruling. They are willing to go along with the 9/1/85 date provided they know what will take place after that date if buses are not moved. Hr. Frizelle asked, What will be done on 9/1/85 if buses not moved: Mr. Foster stated that he would go to the Selectmen to take action; legally, against ABC. He plans to do this on 9/1/85. ABC under order of Zoning Officer to leave as of 9/1/85 - Hr. Foster indicated that ABC may be able to appeal and operate while appeal is going on. Hr. Cagey had asked Hr. Foster to talk to abutters but he did not, said he felt there was no need for further action on his decision. Hr. Ray Houde stated that Hr. Foster had not advised any of them of anything and has been against the paople in the petition all along. Hr. Foster claimed that the long time involved with this problem iS not his fault, and he has acted sincerely in the defense of the people. Hr. Frizelle, on appeal of recent decision of Hr. Foster zoning violation; are his actions reasonable~ Our decision can be appealed or accepted. If upheld until 9/1/85, Hr. Foster will follow through with legal action. If Hr. Casey withdrew aggrivance, compromise could be mede by 9/1/85. Legal action can be instituted by the Zoning Enforcing Officer with permission of the Board of Selectmen. Mr. Vivenzio suggested a letter from Charles Foster to ABC and Selectmen be sent informing them of what ~rill happen if decision not upheld. Mr. Casey claims not enough time for decision before school stmrts. Mr. Houde: Does removal n~.an gasoline storage tanks~ Chief Dolan: Everything should be included. If ABC does not comply, license will be withdrawn for underground tanks (Chp. 148) 8/3/74 Neighbor claims tanks should not be there at all and that permit is illegal. Selectmen want a complete report on this decision, Unable to attend meeting due to their own meeting. Motion made to take this matter under advisement. :~.Mo~ion .,mde by Mr. Nickerson. Seconded: by Fir. Frizelle Vote: Unanimous AP, DON FARM RESIDE,NTS - PARTY AGGRIVED - FOREST STREET Statement by Mr. Prohl states over excessive traffic of hea~rj trailer and equip- meat of Picariello traveling thru on Ardon Farms. Petition to Bldg. Inspector, wanting assistance for an understanding between Mr. Picariello, North Andover and the Town of Boxford. Four (4) parcel of land involved, all need access by Ardon Farm~ and they create heavy traffic in that area. Two letters from Building Iltspector to Mr. Picariello read by representative of Ardon Farm. Residents see no change by Mr. Ficariello since he received letters from Mr. Foster. Period 1976 to 1984, when building permit issued, traffic has increased, land changes have been made and no plans filed for such changes. 3/85 - 5/85 ex- tremely heavy movement out of Ardon Farm area. 3/29/85 §ravel moved out~ two trucks out full and coming back empty for about 7 days. 4/4/85 - Forest Street digging in back of lot, called C. Foster but he was unable to check(busy). On 4/10/85 saw Mr. Picariello and he denied removal of gravel, 4/17/85 fully loaded truck going out again, called Mr. Foster and he was upset over the call. Sent petition to Mr. Foster from neighborhood on 5/6/85. Reply from Mr. Foster received 5/24/85. Ardon Farm has no objection to home for Mr. Picariello or garden. Claim Mr. Foster does not recognize the facts as Ardon Farm sees it - Dissatisfied by reply. Boxford Selectmen contacted N. A. Selectmen. N.A. Selectmen recommended that Ardon Farm take matter to Board of Appeals. We followed this advice aRd are here now. What do we do now? R~conumand three-way understanding to satisfy everyone, North Andover Zoning Bylaw, Mr. & Mrs. Picariello's right to improve and Ardon Farm. Written plan for everyones agreement (4 yeS,dies allowed per lot) Ask that Building Inspector~ the Picariello's and representative from Ardon Farm get agreement. Mr. Serio: Have there been any improvement since May regarding this condition? Any trucks other than those belonging to Mr. Picariello~ Mr. Prohl: Still some since that time, few other Companies, but mostly Picariello vehicles. Mr. Picariello: Trying to build house~ lots of r~terial brought in and some brought out prior to complaint. Claims more than one company using road. Mr. Foster: Talked to Mr. Picariello and informed him not to use home for his contracting business. Two houses in area are being built. Not all trucks using area are Picariello's. Mr. Picariello is developing his property, hill leveled and moved to other area, wants to have barn, horses, garden,yard~ etc. Brings heavy equipment home evenings for own use, and on weekends also. I was there less than one week ago at ll a.m., Wednesday, replied Mr. Foster. Mr. Frizelle: Any trucks? Mr. Foster: No, just low bed trailer with stone on it and trailer box loaded with screens,,building and garden ~mterial. These have been there since winter. Space now rented in R~wley for storage of materials. Building permit and temporary occupancy issued. Clearing for building and yard completed. Suggestion made to have Selectmen prohibit trucks from road. Mr. Picariello estimates 100 yard more to move, about 12+ truck loads, and also moving for neighbors and horse manure into area. According to neighbors little activity during day, S~arting at 6 to 7-7:30 a.m. every morning many trucks go to Picariello house and leave loaded and then come back at night. Seven days a week, 30 to 40 loads an hour every day from 5a,m. to 6 a.m. Mr. Dorsey: It is horrible. It seems like a truck farm. Extremely large trucks. Fence put up for daughter's protection. This cannot be just for one house .... This is unbelieveable, hundreds of trucks going in and out. Canmot let the kids out of house. Absurb for a residential area. Looks like a gravel pit. Mr. Dangch: Most traffic is employees in private vehicles and leaving in trucks, coming back in truck and leaving in private vehicles. Sometimes just trucks in and out all day. Mr. Prohl: Two trucks going out with gravel and back empty for at least one week (50-100 loads) Mr. Serio: More than 20 truck loads? Mr. Prohl: Yes. Mr. Serio: Does Boxford have bylaw about truck travel? No reply Mr. Prohl: Only access for Picariello to get to land. Mr. Serio: Any Saturday or Sunday laws in Boxford? Do not know. According to Mr. Picariello,business address going t~ be in Rowley, no business in Boxford, North Andover or Rowley at present. Mr. Brustlin: Is retired and sees the movement of trucks both day and night. He does not b-l i eve what he sees. This problem started eight years ago amd is not a new incident. Mr. Foster: Police asked to go down. Did respond to one complaint and stopped movement on Sunday. Need court o~der from Town to stop action~ Mr. Prohl: Need plan in order to satisfy everyone and eliminate this excessive traffic. Mr. Nickerson: Is there anything you are willing to do now to help? Mr. Picariello: Claims N. A. Police said he can work on Sunday on his property and he has tried to keep trucks all on same day. Mr. Foster: Ail leveling done and cutting done, what is left to do is landscaping, loam, lawn, etc. During winter, no truck traffic except for manure. MOTION: by Mr. Vivenzio to take under advisement SECOND: by Mr. Nickerson VOTE: Unanimous LESLIE ~EALTY TRUST - SPECIAL PERMIT - 202 LACY STF~ET The Clerk read the legal notice. Attorney Terranova represented Mr. Cone in this matter, stated that the Gone family had lived there for eight (8) years and had expanded for a family room. They now want to convert this family room into an in-law apartment for his parents. Parents are living there at present, addition became an in-law apart- ment in May. Mrs. Cone is very ill and letter from Dr. Pisick presented to Board, stating that son should provide housing for them. Electric lift has been installed for parents use. e Mr. D. StJam~s has objection to in-law apartment but questioned how long it has been there and why the abutters were not notified earlier. Concern about septic system getting to close to wells - handled by Board of Health. Mr Serio: l~is in-law apartment is just for his parents and a yearly inspection will be n~de for as long as he owns house. Upon sale, the in-law apartment is no longer leal. ~DTION: To take this petition under advisement, per Mr. Frizelle. SECONDED: By Mr. Vivenzio VOTE: Unanimous .RICHARD A. MOYNIHAN .- VARIANCE - APPLETON STIW~ET The Clerk read the legal notice Mr. Moynihan presented plans for an in-law apartment in the house he is in process of purchasing. The house in near completion and request of a variance to put this in=law apartment over garage. Presently one room, which will be divided into a 4 room apartment by partitions for living room, kitchen, bedroom and bath. This is for Mrs. Moynihan's mother, Helen ~milly. MgTION: By Mr. Vivenzio to take this petition under advisement. SECON~D: Hr. Frizelle VOTE: Unanimous THOMAS & LOUISE BOWER - VARIANCE - AUTRAN AVENUE The Clerk read the legal notice. Attorney Peter Caruso spoke for the Bowers. 1920 plan has this land described as Lot ~3. The Bowers want to build a single family home on this lot for their own use. Lot frontage undersized, lot contains 5,000 sq. ft. Mr. Caruso states t~s lot is on an unaccepted street and almost every lot has a dimension of 5,000 sq.ft. as laid out according to plan 406. Many houses in this neighborhood are in fact on 5,000 sq. ft. lots. OPPOSITION: llr. P. Connors is against this variance, claims requested sq. ft is less than ~ the size that the Zoning Law calls for. They will be building closer to Connors property line than is allowable and Mr. ConnorS is definitely against this. Told by real estate agent and Town Hall that this ~as not a building lot when they purchased there house at 18 Auturn Ave. Concerned for safety of two children and future lack of privacy. Informed by their attorney that this variance would decrease the value of their property. Letters in opposition received ix'om Joseph A. eaton, Jr., 579 Mass. Ave, Mr. & Mrs. Aldo Sommoriego, 24 Auturn Ave., Rose M. Clements, 595 Mass. Ave., and Mr. & Mrs. Paul Connors, 18 Auturn Ave. Mr. Frizelle: Why 30 ft. wide and only 10 ft. from front? Mr. Caruso: Would leave more open space and look better in neighborhoOd. It is the first lot on the street so would not increase traffic load. Other lots on Auturn Ave similar to this have been approved. Eight (8) years after buying, the Bower's want to have a new house by selling the old house and building a new one. Hardship, land listed as lot on map(R-4 lot), R-4 district are 5,000 sq ft lots(because of size and strange shape). The Bower's will remove garage if needed allowing 15 ft on Clements and 12 on Connors side. Driveway will go down lot line, possibly middle of line. M~TION: By Mr. Nickerson to take this petition under advisement. SECONDED: Mr. Fr~zelle VOTE: Unanimous ..PITCHY. B, DAVID - VAPJ. ANCE - WAVBP. LY ROAn The Clerk read the legal notice. Mr. Ritchie stated that he had three (3) boys and needs additional room. House has porch and he wants to make a room out of the porch~ from the left side. Out five (5) feet from existing porch for room, five (5) foot longer, 13' by 14'. Set-back variance needed - single family house, one story, and mill s~ill allom walkway before stairs on banking. MOTION: By Mr. Nickerson to take petition under advisement. SECOND~D: By Mr. Frizelle VOT~: Unanimous CONTINUED F, JBLIC ~AP, INGS ANGUS ~EALTY T~33ST - SPECIAL PERMIT - OSCOOD STREET The Clerk read the legal notice. Attorney T. Caffrey represented the Yam, eh family and brought to our attention that letter from H. Roberts, Plannimg Board had a typographical error; 350 ft. should be 250 ft. Stressed the fact that the Yameen family had been in business in North Andover since 1960, and es of 198~ all land to be used for the new store Was business zoned. Seeking Special Permit for construction within 250 ft. of Lake, old buildiog is within the constraints of the 250 ft. setback from lake. Access road off Rt. 133 will be eliminated so that all traffic will be from Rt. 125, parking lot laid out better, building further back, in view of these chan§es, it will not affect lake, retainer wall or sew. age. Want to do what is best for the lake and the Yameen family. Mr, Frizelle: On redirecting surface Water, where does water go in future? Mr. Caffrey: Formal permit to enter two (2) culvet~ -u Osgood Street and then into Merrimack ltiver. The commercial septic tanks will be removed. Mr. Frizelle: How can we be sure of this plant Mr. Caffrey: Accept condition for permit to have culvet to go to Merrimack R/ver. Ke~aining wall, clean area, put in drainage and fill before new building star,ed. Shrubs wall be put in where requested. Mr. Borgesi of the Board of Public Works stated: Board of Public Works: Pump station located where it is so as to allow area residents to tie into it. Sewer to come out to Great Pond Road to connect to French Farm ~oad system at some later date. Wall three (3) feet at its highest point and lowers as it goes along. Water will not be able to go over wall. Attorney A. Randazzo represented Hr. Frank Ragonese, an abutter. Hr. Ra~onese objects because of sparceness of information re~arding building. No complete architectural plans given and he does hOC Chink dr/ina~e can be directed away from lake, WhaC will building look like? Think iC ia going to be cinder block and not attractive to area. Begonese property 17 feet from line, 100 feet from Great Pond Hr. Frizelle: Hr. Ragonese objected at Iasc meeting because of height of building, he knew zoning laws for property next to his land when he purchased house. Are you opposed to everything as business is concerned? ~r. Randazzo: When Begonese purchased land, Yameens said no restaurant would be put in, and he now finds they plan to do this. Because of the spec/al permit line for watershed, the abutters should have a say in the plecemant of the building. It should be nearer to Osgood Street not Great Pond Road. Keep the comrmrcial aspects to the front on Osgood Street. 15' height limit in Chis area. Mr. Frizelle: Asked for positive suggestions from owner of Great Pond Road land and lawyer. Hr. Randazzo: Suggest stockade or wooden fence to protect Great Pond Road resident. Abutters wanted to voice their objections while they had the opportunity. Feel character of area will be changed. Want to have pump shed in area Roard of Public Works suggested. Hr. Frizelle: Suggest brick and masonry, if possible for building. Can this be done? Mr.Caffrey: We'll cooperate as much as possible so that everyone is satisfied. Wants to build something pleasing to look at. Portion facing Great Pond Road and Mr. Ragonese's land would be most visible, this would be compromised to the approval of all. Mr. Sullivan: What about trash and refuse? where and how will this be taken care of? Mr. Caffrey: Present time it is shielded and protected, one in front and one in back (on present plan). Could be enclosed by permanent fencing. Hr. Vivenzio: Wall and site in watarshed--Why are you in watershed? Smaller building could be built. Mr. Yamaen: Paper right of way on side of land (SCanleyville). Hr. Frizelle: Still need retaining wall, old building has septic tank, new building will not. Contents in watershed whether building or parking lot. Mr. Nickmrson: Usage should be kept to a minimum in watershed area. After wall installed, location of watershed will be changed. Hr. Yameen: Septic tanks are holding tanks and pumped out 2 to 3 timas a week. Mr. Ragonese: Presently we have a natural screen barrier between his land and Yameen. I do ~. not feel any run-off from Yameen property, the dirty water, is from traffic. I Want definite answer to kind of building and landscaping. I feel we do not need another shopping center in town. Claims Yamaen's have been buying lots around their building in order to expand. Mr. Serio: This area is zoned general business, you most have known this when you bought the land. MOTION: By Mr. Frizelle to continue meeting on Wednesday, August 14, 1985 in Selectmen's Meeting room if available. SECOND: Mr. Vivenzio VOT[: Unanimous Checked with Selectmen and meeting room booked, so Board of Appeals will meet in the Senior Center at 7:30 p.m. on August 14, 1985. Meeting adjourned at 11:15 p.m. udrey w.u£ayl , Cl~rk