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Home My WebLink About1985-08-14August 14, 1985 Continuation of August 12, 1985 Meeting The Board of Appeals held the continuation of the August 12th meeting at 7:30 p.m. in the Senior Center. Chairman Serio opened the meeting at 7:40 p.m. Members present were Frank Serio, Jr., Chairman; Alfred E. Frizelle, Esq., Vice Chairman; Augustine W. Nickerson, Clerk, William J. Sullivan, PaymondA. Vivenzio and associate member John Simons. PUBLIC BEARINGS COOLIDGS CONST~CTION - SPECIAL PEP/~T - Sp~...B.It~DFORD ST, (Continued from 8/12/85) The Clerk read the legal notice. Mr. Joseph Cushing of Kaminski Associates, project engineer, made the following statement: S. Bradford St. site important because two brooks are involved. Members will be viewing the site before decision. Permit made to Planning Board first, but this was changed at Town Meeting, so came to Board of Appeals first. Next to Conservation Commission, for permit for three lots, then to Planning Board for special permit for driveway. One single driveway for the three houses. Then back to Board of Appeals for variance for requirement of cuttin~ vegetation 25 feet from the lake, on old access road. Access road has 10" clay pipe and would like to replace this pipe. Wetland breaks out a~ain into brook then to pond(marsh) and toward lake. Pond not vieable from 8. Bradford St., it is a deep marsh, classified as swamp, demarsh, brook, etc. Board of Appeals has Jurisdiction over this. One house already there and propose to construct three (3) more. Parcel broken up to minimize impact on environment. Using high areas. Parc tests and deep water tests done. System on record with Board of Health, will have one pumped to gravity and other two are gravity. Oversize septic system with alarm, preventing back flow for minor backup. Float arrangement in septic tank 3/4 full, pump activated and it is pumped out, if nQt alarm goes off in owners home. Mr. Nickerson asked how use of wetland minimized? All work in wetland minimized buffer zone with degree of sensitivity for wetlands. No other way to divide area. Do not want to fill in wetland area. Maximize upland areas thereby minimizing use of wetland, stated Mr. Cushing. Concerning driveway, will put in erosion control fence. All work will be protected. No haybales, only fabric which allows water through but collects silt and is better than bales. Fence will be removed after construction, as sson as grass stabilized and sign-off from Conservation Commission received. Mr. Frizelle: If first permit granted, you will be lead to believe tbmt second permit will be issued, you would then ciaimhardship. Mr, Cushing: If trees there, no construction can be done, no access to lots. Enviromental plan requested by Plmn-tng Board. Next permit(variance) from Board of Appeals, will be after three Boards have granted permit, for removal of two or three trees. Filter system not the same as used on Bear Hill. Will use new fabric, not haybales. llany complaints received about Bear Hill, regarding flow into lake. Mr. Cushing stated that they have used this fabric before and it works well, heavier fabric and more stakes and shots used, at a hi~her cost. Will not be used any more extensively than usual. Motion made by Mr. Frizelle to take matter under advise~ant. S~COND: byMr. Nickerson VOTe: In favor: Mr. Serio, Nr. Nickerson, Hr. Frizelle, Hr. Vivenzio Absent: lit. Soule Not at original meeting: Hr, Sullivan UNANIMOUS COOLID~ CONSTRIICTION - SPECIAL PEI~.I~_..- GREAT POND ROAD (LOT B) Le~al.notice read by Clerk Next to North Andover Country Club, tUdor-style house, ~itht~ 100 feet of wetland tributmry with drivew~y. An isolated wetland end ell runoff settles in this depression(hole). Rear of lot, small stream, but in spring goes under road. Septic system approved, density to one lot allowed to build leeching field & drive- way. 100 feet leeching field, 75 ft. house. Hr. Vivenzio: At last n~eting you were going to try to purchase additional land for your lot. Any results~ Coolidge Construction had no way to do this and have leeching field - 70' driveway with garage. Could be reduced a few feet but prefer not to. Conforms to "pork- chop" law and is a 3-acre lot. Fifteen feet from lot line because storm drainage can be redirected into depression land instead of lake. Hotion made byHr. Frizelle to take matter under advisement. SECOND: Hr. Nickerson VOTE: Unanimous - Hr. Sullivan not at original meeting and Hr. Soule absent DAteRs K~TH - SPECL~L PER~T - LOT 14 GREAT POND ROAD DA~E~R AND SOBEL...,- SPECIAL PERHIT - 1689 GREAT POND ROAD The legal notice was read by the Clerk. lit. Joseph Fitzgibb'ons represented Mr. Dalier. Lot 14, driveway 100 feet from trib~ary and 250 feet from lake. lit. Daher asked for a variance in t t arch and was denied. Asked the Planning Board to use Hr. Sobel's driveway, approved as a co,on driveway. Only need permit for portion of driveway over wetlands. Hr. Daher now ownes the property, 2% acre, Hr. Serio: Scrub cutting and construction in wetland, what kind of trees or all scrub~ Hr. Fitzgibbons: Mostly scrub to be removed, a couple of trees. Conservation Commissionhas approved with restrictions. Hr. Sullivan: Did Fire Chief have any objections~ No replied Hr. Fitzgibbons. Mr. Simons: Are there any reasons for steep driveway? Hr, Fitzgibbons: Existing driveways in area are all steep. No o~her choice. Motion mede by Hr. Frizelle to cake under advisement SECOND: by Mr. Vivenzio VOTE: Unanimous D CISlONS THOXU & LOU S . - vmmu, -, AUT ,,A, vm m 5o-ss Motion by Mr. Frizelle to Krant variance subject to the following: 1) Demolish existing garage on Bower lot before building permit issued for lot in question. 2) Limit west side setback to 15 ft., rear to 25 ft. 3) Limited to only single dwelling. 4) Grant lot size 5,000 ft. 5) East side setback to be 10 ft. 6) Revise plans £o show old lot as A and new lot as B. SECOND: Mr. Vivenzio VOTE: Unanimous - granted RI~CHIE~ DAVID - VARIANCE -..WAV~_P~.Y ROAD #45-85 Motion by Mr. Frizelle to Kr.ant variance as stated. SECOND: Mr. Nickerson VOTE: Unanimous - granted RIG.HARD A .M~YNIHAN - VARIANC~ -, AM .P~.. TO_N. ST~.T #49-85 Motion made by Mr. Frizelle to 8r~nt the special permit as requested, subject to the following conditions: 1) The premises be occupied by M~len Reilly. 2) The special permit shall expire at the time Helen Reilly ceases to occupy the family suite. 3) The special permit shall expire at the time the premises are conveyed to any person, partnership, or corporation. 4) The applicant, by acceptance of the Certifica~e of Occupancy issued pursuant to the special permit, grants to the Building Inspector or his lawful designee the right to inspect the premises annually. SECOND: Mr. Nickerson VOTE: Unanimous - granted LESLIE REALTY TRUST - SPECIAL PERMIT - 202 .I~CY STREET #47-85 Motion made by Mr. Frizelle to Krant the special permit as requested subject to the following conditions: 1) The premises be occupied by Mr. Cones parents, Mr. &Mrs. Cone. 2) The special permit shall expire at the time Mr. & Mrs. Cone cease to occupy the family suite. 3) The special permit shall expire at the time the premises are conveyed to any person, partnership, or corporation. 4) The applicant, by acceptance of the Certificate of Occupancy issued pursuant to the special permit, grants to the Building Inspector or his lawful designee the right to inspect the premises annually. SECOND: Mr. 1/ickerson VOTE: Unanfumous - granted DECISIONS CASEY, JOHN - PARTY AC, GI~..VED - D1NI$, ,STREET #46-85 (ABC BUS com'Am~ ,Lssu~) Nmtionmade by~r. Frizelle that based on evidence presented, there was a zoning violation of ABC. Decision of Building Inspector dated t~y 21, 1985 ~as proper and Board of Appeals upholds decision of Building Inspector. SECOND: Mr. Nickerson VOTE: 4 in favor -(decision of Building Inspector upheld) 1 opposed -(Mr. Vivenzio) Mr. Vivenzio feels board has not gone far enough and feels penelty for violation should be imposed under Section 10-13 in the aaount of $20.00 per vehicle per day. Motion mde by Fir. Nickerson to send letter to Board of Selectmen and Zoning Enforcement Officer per Chis mat~er. SECO~ID: Hr. Sullivan VOTE: Unanimous ARDON FARM RESIDENTS - PAI~Y AGGRIVED - FOREST STREET ~48-85 Hotion by }tr. Frizelle that decision of Building Inspector be reversed and Board finds: Property in question is in violation of Zoning ByLaw, Section 8.1 Off- street Parking - sub paragraph 11, specifically the perking of conauercial vehicles such as trucks, bulldozers, buckets and flat bed trailers in excess of the limits of the ByLaws. The Board further finds that should non-compliance continue beyond 10 days from date of decision, Section 10.13 will be imposed. Said penalty shall consist of a per offending vehicle fine of $20.00 per day. SECOND: Mr. Sullivan VOW: Unanimous (decision of B-ilding Inspector reversed) l~r~k~ifert~, ~lr., ~irman Audrey 1~ Taylor, ~lerk