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HomeMy WebLinkAbout1984-08-13-1- August 13, 1984 Regular Meeting The BOA~I) OFAPPEALSheld a regular monthly meeting on Monday evening, August 13, 1984 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; Richard J. Trepanier, Esq., Clerk; William J. Sullivan; and Augustine W. Nickerson. Building~Inspector Charles Foster was present. I~dBI~IC H~RINGS.. Fayva Shoes - Variance - Winthrop Ayenue The Clerk ~read. the legal notice, . Mr. Paul Joyce was present and made the following presentation: They .ar.e locating in the North Andover Mall. They arc'asking to have a larger Sign to properly identify the store. According to the Zoning By Law, they are allowed a maxim~ of 18" letters. Due to the large brick frontage the sign would be lost. They are asking for a sign gomparible to other stores in'the mall. It will blend in aesthetically. The height of the sign will be approximately 18' to 20'. They are asking to increase the lettering from 18" to 30", representing a 12" variance. The proposed sign will be equivalent to theT.J. MaXx sign. No sign is proposed for the entrance to the mall. No one spoke in favor or opposition to the petition' A letter from the Building Inspector dated 8/13/84 was read and placed on file. MOTION: "by Mr. Trepanier to take the petition under advise- ment. k -2- SECOND: by.Mr. Frizelle VOTE t Unanimous - motion carries Lauda~i, Thomas - Variance - Bonny Lan? The Clerk read the legal notice. Attorney. John. J~Willis, Jr,, representing theapplicant, made the ~ol!owing preSentation: ,~ , - They are requesting a variance for .a porch on the -rear of the property. - As originally designed, the house did not have a porch on the back. Mr. Laudani purchased the house from Jay Philbin and requested the porch. They thought there was enough No occupancy Permit was ever issued for the dwelling. They tried to swap land with a neighbor, butafter surveying the property, they discovered it could not be done. No occupancy permit can be issued now because, of the violat~on~ It is in a new development and no one has a problem with allowing the porch to continue. The technical requirements of the Zoning By Law are met because it was constructed by mistakeand the petitioneris locked in and cannot repair this violation without removing the porch. It is not a detriment to the area. - The request is for a 5' setback variance. - The porch is being used as an integral part of the house. - No building permit was issued for the porch. - Usually, an occupancy permit must be issued before a mortgage will be granted. No one knows why it was over~ooked in this case. -3- A Petition of Residents and Abutters was submitted by Attorney Willis. No one spoke in favor or opposition to the petition. A letter from the Building Inspector dated 8/13/84 was read and placed on file. MOTION: by Mr. Frizelle to take the petition under ment. SECOND: by Mr. Nickerson VOTE ~ :Unanimous -motion carries Curtis, Hollis - Variance -Bixb~ Ave./Clarendon St. ?he Clerk read the legal notice. Attorney Philip Arsenault, representing.the applicant, made the following presentation: The land in question was formerly in co~on ownership with Davis and Furber. The driveway was almost a street in the old days. It was used as a short cut. It is all asphalt. Mr. Curtis has an easement to go through to the back. The back yard iS mostly paved. Even'thoUgh'the area along Clarendon is fenced, people still cut through. The traffic through there is constant. The existing structures are at least 130-140 years old. The out buildings are falling apart. The request is to allow the division of the property into two parcels, one having 12,076'square feet and the other having 8,097 square feet, thereby creating a new buildable lot, The property is located in the R-4 zone, where 12,500 square feet is required. - Only an area variance is requested. - They will put in a new driveway off Bixby Avenue and get rid of the old one. The new lot would be on Clarendon St. -4- The structures shown in stripes on the the plan will be razed. In the area shown as parking, the asphalt will not be removed. The existing dwelling is a 4-family and needs the larger area. All of the other requirements of the Zoning By Law will he met. The petitioner proposes to construct a 2-family dwelling which will be consistent with the neighborhood. Speaking in favor of the petition was David Gulezian. He stated that a new house would be better than the vacant land. Speaking in oPpositin were: David Hasty Tom Young (letter dated 8/10/84) Peter Lorenz Elizabeth Fountain Eileen Carpenter Mr. Hasty stated that Bixby Avenue is very congested with several children and a playground. There are several cars on the street, seven of which belong to Mr. Curtis' 4- family dwelling. He feels that another 2-family dwelling would add to the congestion. The proposed dwelling would only. be 15 feet from the LundquiSt's. There is already the 4-family dwelling and multiple garages needing repair and subdividing the property will cause disrepair. In this part of North Andover in the summer, is is very congested. There is base- ball, soccer, etc. The only allowed parking is on Clarendon Street, which is in front of Mr. Curtis' house. The other side is posted for ,'No Parking". Mr. Lorenz, owner of a 2-family dwelling, added that {hey do not need another 2-family dwelling in the neighborhood. Mrs. Fountain said that Mr. Curtis has trouble maintaining his present property. Mrs. Carpenter added that the neighborhood ~ too congested. Attorney Arsenault added that access to the proposed dwelling -5- will be on Clarendon Street and a new driveway will be pro- vided for the existing house on Bixby Avenue. Mr. Curtis added that he staggered the entrances to be as far away from the playground as possible. Mr. Foster, Building Inspector, iadded that the rear lot line may not be a rear lot line, but a side line. MOTION: by Mr. Frizelle to take the petition under advise- ment. SECOND: by Mr. Nickerson VOTE : Unanimous - motion carries. Sevilac~ua, Charles - Variance The Clerk read the legal notice. Mr. Bill Burnham, seller of the property, made the following presentation: - The lot is shaped oddly. - There is a barn and a small.shed. The conveyance of the property is being held up for the variance. It is a 3 acre parcel and the barn has been there for 10 years. Due to an engineering error, the barn does not meet the setback requirement of the Zoning By Law. The barn is very important to the new owner. No one spoke in favor or opposition to the petition and a letter from Clifford and Denise Melendy, dated 8/13/84, was read and placed on file. MOTION= by Mr. Frizelle to take the petition under advise- ment. SECOND: by Mr. Trepanier VOTE : Unanimous - motion carrigs. Cho~7/, 6eorge - Varig-ce - Bradford -6- The Clerk read the legal notice. Mr. and Mrs. Chory were present and Mr. Chory made the following presentation: - They have talked to their neighbors and there is no objection. - They wish to add a stall to their present garage, resulting in the request for a 12" variance. - The area next to the garage is very wooded. No one spoke in favor or opposition to the petition. A letter from the Building Inspector dated 8/13/84 was read and placed on file. MOTION: by Mr. Frizelle to take the petition under advisement. SECOND= by Mr. Trepanier VOTE = Unanimous - motion carries Boyle, Dorm - Variance -Marblerid~eRoad The Clerk read the legal notice. Mr. George Schruender, Agent for the petitioner, made the following presentation: - As the result of a recent survey for mortgage purposes and the erection of a fence, it has been discovered that the garage on the property is in violation of the Zoning By Law. - The house has existed on the lot for approximately 30 years and the garage is almost on the lot line. Building Inspector Charles Foster raised the point that the petitioner did not sign the application and Mr. Schruender responded that he is the Agent for the petitioner and~ that there is a Purchase and Sale on the property and that the plot plan was drawn for the new owner. The Board instructed the secretary to obtain the petitioner's signature prior to filing the decision with the Town Clerk. MOTION: by Mr. Frizelle to take the petition under advisement. -7- SECOND= by Mr. Nickerson VOTE : Unanimous - motion carries D~CISIONS So~le, Dorm - variance - Marblerid~e Road MOTION: .by Mr. Frizelle to grant the variance as requested SECOND: by Mr. Trepanier VOTE : Unanimous - motion carries . . . Curtis, Hollis - Variance - Bixb~/Clarendon No action - The Board will view the property and render a decision on September 17, 1984. Fa~va Shoes - Variance - Winthrop. Avenue MOTION: by Mr. Frizelle to grant the variance as requested. SECOND: by Mr. Trepanier VOTE : Unanimous - motion carries Laudani, Thcssas - Variance - Bonny Lane MOTION= by Mr. Nickerson to grant the variance as requested SECOND: by Mr. Frizelle VOTE : In favor - 0 Opposed - 3 (Serio, Trepanier, Sullivan) Abstain - 2 (Frizelle, Nickerson) Motion fails - petition denied. Bevilac~ua, Charles - Variance - Campbell Ro~d MOTION: by Mr. Trepanier to grant ~he variance as ~gquested. SECOND: by Mr. Sullivan VOTE : Unanimous - motion carries Chory, George - Variance - Bradford Street k -8- MOTION= by Mr. Sullivan to grant the variance as requested SECOND= by Mr. Trepanier VOTE : Unanimous - motion carries ~I!~'~I~8 - May 2!, 1984; June 11, 1984; July 9, 1984 MOTION: by Mr. Nickerson to approve the minutes as written. SECOND: by Mr. Trepanier VOTE : Unanimous - motion carries The meeting adjourned at 9:15 p,m. %Fr~nVer~o, Jr~ Chairman _ Jean E. White, Sec'y