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HomeMy WebLinkAbout1984-06-11r June 11, 1984 Regular Meeting The BOARD OF APPrm~LS held a regular monthly meeting on Monday evening June 11, 1984 at 7:50 p.m. in the Town Office Meeting Room with the following members present and voting: Alfred E. Frizelle, Esq., Vice Chairman; William J. Sullivan; Augustine W. Nickerson; and Associate Members Walter F. Soule and Maurice S. Foulds. PUBLIC HEARINGS Kochanczyk~ Willia~ - Variance - Sylvan Terrace Mr. Nickerson read the legal notice. Mr. Kochanczyk made the following presentation: He is proposing to add a 1 1/2 stall garage which will not meet the side or rear setback requirements. The deck shown on the plan is existing and was there when he bought his house. - The reason the garage .is located where it is is so that he can drive in straight and have some storage area. - The existing garage is 15 feet wide and approximately 18 to 20 feet long. - The closest house is approximately 25 to 50 feet away. His cars have been broken into in the driveway three times and he would like to get them inside. If he went for a two-car garage, he would come within 4 to $ feet from his neighbor. No one spoke in favor or opposition to the petition. A letter from the Building Inspector dated 6/11/84 was read and placed on file. MOTION: by Mr. Foulds to take the petition under advisement. SECOND: by Mr. Nickerson VOTE : Unanimous motion carries. Bowe~ Richard - Special Permit - Elm Street k Mr. Bowe requested that the public hearing be continued until next month because he is not prepared for this meeting and there was a postponement in the purchase of the property. The Board recom- mended that the petitioner withdraw his petition without prejudice and file at a later date and Mr. Bowe agreed. MOTION: by Mr. Sullivan to allow the petition to be withdrawn without prejudice. SECOND: by Mr. Nickerson VOTE : Unanimous - motion carries Several neighbors expressed their objections to the motion stating that they were inconvenienced by the action. Contos~ Christopher - Variance - Blueberry Hill Lane Mr. Nickerson read the legal notice. Attorney Philip Sullivan, representing the petitioner, made the following presentation: This is a mortgage survey petition. The dwelling was constructed in 1977 by a prior owner. The building permit at that time indicated that it was to be constructed 20 feet away from the side line. At that time, certified plot plans were not required by the Building Inspector. The home was placed just 18 feet on the lot line. This was not discovered at the time of purchase by the Contos because they did not obtain financing. Now, a plot plan has been drawn and the violation was dis- covered. No new constructionis proposed and no detriment to the public good will occur. It is not a substantial detriment from the purpose of the Zoning By Law. It is not grossly encroaching from the line. It would be very difficult to move the house to make it conform. No one spoke in favor or opposition to the petition. r June 11, 1984 -3- Regular Meeting MOTION: by Mr. Foulds to grant the variance as requested. SECOND: by Mr. Nickerson VOTE : Unanimous - motion carries Hamilton~ F. G. - Special Permit - Berry Street Mr. Nickerson read the legal notice. Mr. Hamilton made the following presentation: - He is requesting a Special Permit to allow him to have an in-law apartment, or "family suite". It will be located over an existing garage which will be 24' x 24' The request is to add a kitchen and a bath. - The occupant will be his mother-in-law. No one spoke in favor or opposition to the petition. MOTION: by Mr. Foulds to take the petition under advisement. SECOND: by Mr. Nickerson VOTE : Unanimous - motion carries Bulger Animal Hospital - Variance - Chickering Road Mr. Sullivan read the legal notice. Dr. John Prentiss made the following presentation: - They are proposing a new addition in the back of the building. It will not be seen from the road. - It will consist of an intensive care area, examining rooms, and live-in quarters for an intern so that a doctor will be in the building 24 hours a day. - It will be set back 15 feet from the back lot line. - A variance was granted two years ago for another section of the building. It will be a two story addition. The original building is not structurally sound enough to hold a floor above it. Also, it would be difficult to have animals on a second story. Half of the second floor will be a residence and half will be a puppy kindergarten. No one spoke in favor of the petition. Speaking in opposition were: Mr. Michael Arcidiacono, Rose Arcid- iacono, and Mrs. Messina. The neighbors' objections were that there is a lot of noise from the animals coming from the existing building. They asked that no classes be conducted outside. Dr. Prentiss responded that no animals will be kept outdoors and that the building is a foot block with 3 1/2 feet of insullation. There will be no exercise area in the new addition. MOTION: by Mr. Soule to take the petition under advisement. SECOND: by Mr. Nickerson ¥OTE : Unanimous - motion carries Johnston~ Donald - Special Permit - Boston Street Mr. Nickerson read the legal notice. Mr. Johnston made the following presentation: He is proposing to construct an in the ground swimming pool. It will be 73 feet back from the lot line but will be in front of his dwelling. A Special Permit from the Board of Appeals is needed to place a pool in front of a dwelling. The houses on each side of him are 55 and 40 feet away. The pool will be behind his house on the right side. The reason for the location is that the rear is all fenced in for pasture. There.is also a barn and a workshop on the lot. The land drops off in the back and he would have to build up the grade 8 feet to put the pool behind his house. The further back the pool goes the closer it gets to the paddock area. A letter from the Building Inspector dated 6/11/84 was read and placed on file. Speaking in favor of the petition were Robert and Mark Vaughn. June 11, 1984 -5- Regular Meeting No one spoke in opposition. MOTION: by Mr. Foulds to take the petition under advisement. SECOND: by Mr. Sullivan VOTE : Unanimous - motion carries San Lau Realty Trust - Variance - Nain Street Mr. Nickerson read the legal notice. Attorney Clifford Elias made the following presentation: - The petitioner is members of the Messina family. The variance is necessary to allow San Lau to construct an addition to the rear of the premises at 109 Main Street. The proposed addition is for the building that is occupied by Messina's Market. The premises are in a General Business (GB) zoning district, and the rear of the premises abut a Residence 5 (R-5) district. the side of the premises along First Street abut a Residence 4 (R-4) district. The proposed building will be located 32 feet from the rear lot line. The By Law calls for a 50 foot set back when a business district abuts a residential district. - The proposed building will be located 2Z feet from the side lot line. The By Law calls for a 25 foot set back. - The present building has been situated in its position for over 20 years. - There is no detriment to the public good nor is there any derogatin from the intent of the Zoning By Law. - With the addition, it will not be so close to the adjacent property as to be a health or safety hazard. There is greenery on the rear lot line to where the property abuts the North Andover Housing Authority. The building on that property is situated well away from the lot line. Hardship exists in that San Lau has owned the 109-125 Main Street complex for 16 years. San Lau has been a good citizen in North Andover. The Trustees of San Lau wish to help North Andover improve its downtown by upgrading the appearance of the buildings in the area. The facade will be done over and the access/egress to the complex will be changed. Ample parking will be available. No one spoke in favor or opposition to the petition. MOTION: by Mr. Foulds to take the petition under advisement. SECOND: by Mr. Nickerson VOTE : Unanimous - motion carries DECISIONS Johnston~ Donald - Special Permit - Boston Street MOTION: by Mr. Soule to grant the Special Permit subject to the condition that the front line of the pool be no closer to the road than the corner of the residence nearest the pool. SECOND: by Mr. Sullivan VOTE : In favor Z (Sullivan, Soule) Opposed 5 (Frizelle, Foulds, Nickerson) The motion fails and the petition is denied. Kochanczykm William - Variance - Sylvan Terrace MOTION: by Mr. Soule to grant the variance as requested SBCOND: by Mr. Foulds VOTB : Onanimous - motion carries Hamilton~ P.G. Special Permit - Berry Street MOTION: by Mr. Foulds to grant the Special Permit subject to the following conditions: 1. The family suite is solely for occupancy by Dolores Haydusko, mother-in-law of F. G. Hamilton. r June 11, 1984 -7- Regular Meeting 2. The Special Permit shall expire at the time Dolores Haydusko ceases to occupy the family suite. The Special Permit shall expire at the time the premises are conveyed to any person, partnership, trust, or corporation. The applicant, by acceptance of the Certificate of Occupancy issued pursuant to this Special Permit, grants to the Building Inspector or his lawful designee the right to inspect the premises. SECOND: by Mr. Soule VOTE : Unanimous - motion carries Bulger Animal Hospital - Variance - Chickering Road MOTION: by Mr. Foulds to grant the variance subject to the following conditions: 1. The obedience training school be conducted inside the building. Suitable soundproofing be implemented in the construction consistent with that already in the existing structure on the South side of the existing building, being the existing run area. SECOND: by Mr. Nickerson VOTE : Unanimous motion carries San Lau Realty Trust - Variance - Main Street MOTION: by Mr. Foulds to grant the variance subject to the following condition: That four foot high hemlocks be planted and main- tained 4 feet on center 210 1/2 feet along the lot line abutting land N/F of the North Andover Housing Authority and 56 1/2 feet along land N/F of Kelly R. Realty. SECOND: by Mr. Soule VOTE : Unanimous motion carries The meeting adjourned at 9:45 p.m.