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Home My WebLink About1980-09-15September 15, 1980 - Monday Regular Nesting · he BOAltD ~F APPEALS held a regular menthly meeting on Monday evening, September 15, 1980 a~ 7.'30 P.M. in the To~m Office Meeting Room. The following members were presen~ a~d voting: Fr=ww Serio, Jr., Ch~irm=-; AAlsfred. E.. Friz~elle.~ Esq.; ~iXliam J. Sullivan; AugusSiu ~ickerson; and socials memser walter Souls. Associate members ~urice Foulds and Raymond Vivenzio also attended the meeting. Several abutters to the building materials firm (E.P.R. Realt~ ~ru~t) on M~ssachusstts Avenue were ~lso present, as was Charles Foster, ~uilding Inspector. A~LIN~ TRU.~T CO. - ~r. Nickerson asted as Clerk in ~gr. Trspamier's aBseuce. He read the legal notice for the Arli~on Trust Co. This hearing was continued frem last month, as no representative frem ~he appea.~ed at the ~ard of Appeal's August meeting. Earioo Zi~uo and ~rs. Dorothy Enaire were present tonight on behalf of the bank. They wish to' Build a glass enclosure in front of the building on ~ain St. ~hey were denied a Building permit because the vestibule does net have the necessary set-backs from Main St. Mr. S~lltvaa questioned how She front door would swing and Mr. Z~.no re- plied that it weuld swing in. I/O~E: ~r. Foster later said that She door would have to swing "OUT" and the Board said it would be his responsibility to enforce this. Mr. Frizelle asked for the reason for the request and Mr. Zinno said Shat the 1~ wants ~he emc[~sure for weather and heating reasons. ~r. Enaire s~ed %ha~ i~ will ~e much ~e~ter for ~he customers in ~he winter menths. Mr. Nickerson then read letters frem Mr. Charles Foster, Building Inspector, Mr. Thomas McEvoy, and Mr. Rus~el Dem~elly. There was no opposition. 0n a metion 5y Mr. Frizelle and seconded b~ Mr. Souls, it was voted u~a~imeusly to take the matter umder advisement. E.P.I~. REALTY TI~I~T - ~he clerk read the legal notice. Mr. ~eme ~osinski was present on ~ehalf of E.P.R. l~eal~y Trust. He stated that they new have a oinderblock building approximately 10 feet high, 30 feet deep, and 106 feet long. They would like to add on a second story on the shed area. IS will not be a~y higher than their other Building and %he purpose of the addition is for storage. Mr. l~ickerson asked if the proposed addition woul~ be higher thee amy of the abutting homes and Mr. Rosinski said that it would Be higher tb~ the house owned By Mr. ~enneth Shemard. At this peint, the clerk read the letter frem Mr. Charles Fes~or, ]k~ilding Inspector, which stated that E.P.R. Realty was denied a building permi~ because it is an enlargement of a legal non-conforming structure which requires a special permit. September 15, 1~80 - Con't. Mrs, Ann Sullivan spoke in opposition, stating that the bu/lding is toe close to the abutters and she is afraid of a fire. Mr. Rosinski said that they have a fire hydrant in the rear of the Building and the l~ire Department can o~tain access By "popping the lock". Mr. ~aato Finnoc~hie~ro, 20 Elnwoed ~t., and Mr. Frank ~ilva, 29 ~lmwood ~t., abutters, also spoke in opposition to the proposed addition. Mr. Silva said that nothing should be stored outside of the Building, but there ere pa/lets s~ored near his proper~y. He stated further that he h~d to go to the Fire Department to have them removed. He also stated that he ha~ a ver~l agreement with Mr. Rosinski, who was then the manager, to have a fence erected. He fmmd it necessary to go to the ~uilding Inspector to have the fence installed and it took 5 years frc~ the ti~e of the agreement to the completion of the fence. Mm. Paul Anderson, 43 Elmwood ~., also spoke in oppositicm ~eoause of his oonoern for a fire - his house is only 35 feet from the lot line. 0u .a motion By Mr. Frizelle and seoonded %y Mr. Nickerson, it was voted unanimously to take the matter under advisement. LIBA M..TREAT - The olerk read the legal aeries. Mr. Ben Abrams, 43 Boatempo Road, Newton, ~ss.., aa engimeer, spoke for the ~pplioant. Mr. and Mrs. Treat are buying the laud at 308 Campbell Road and wish to keep a horse on the premises. Mr. Abrams cited extemuati]ig eirc~mstoAces iR that the land is bouaded e~ two sides By ~ta%e forest. Ms. Lilliaa M~atalto of Mentalto Real E~tate also spoke for the applicant. She said that the Purohase and ~le Agreement is currently uuder agreement. Mr. Serie asked who abutted the property ~ the Northeast aud ~he .replied "Swiniarski.# Mrs. Treat said that the people next door also have animals. The ourreat o~er~ Beatrice In, deli, and her~ son-in-law, Mr. Anthony I~uisi, were also present. Mr. Louisi stated that the ~eard of Appeals granted a variance for a horse on the property approximately ~ years age. NOTE: There is no record of a variance granted on this property in either the Building Inspector's files or the ~ of Appeals' files. Mr. ~llivanasked if any attempt has been made to enlarge the property; ie: purch~ae a small strip ef land. Ms. Montalte replied that no land around this property is for sale. She said the ~tatehas been~ppreaohed and is not willing to sell. Mr. Abrams ~tressed that .11 a~res is a small amount. There was no opposition. Mr. l~izelle made a motion to take the matter under advisement and Mr. Mlivan seoenA~d~the motion. The vote was unanim~us. CLASSIC REALTy. - A~ty. Antheny Copani appeared for Classic ~ealty. One of the oonditions for the special permit granted was that a protective b~rrier w~ald exist to profoot the abutters from headlights. Sop%ember 15, 1980 Mr. Copani stated %ha% they h~ve planted Bushes and thaS they h~ve ~very intention of complying with She ~oard's cendiSic~s. He also said thaS one area of She parking los h~s a playgreund Between She lot and the neighbors' proper~y, ~nd does not feel Sh&S %h~S section should be required to have the shrubs. Mr, Sullivan wanted to know if She residenSs en Marblehead Stress had the protective screen. Mr. Copani s~id thaS She shrubs had died~ BuS ~hey would Be replaced so that those residents would have the Barrier. Mr. Sullivan s~id Sh~$ iS is She Boa~d's duSy %o e~ke these residents Mr. Charles Fo~ter, ~uil&A-g Inspector, said Shat he had spoken te tho plauning Beard about this. ~ne of She objectives was to screen the headlights from She abuSters. Arlingtc~ Truss Ce. - Motion by Mr. Sullivan to granS the variance with She c~ndiSion thaS i% meets She requirements of SecSicn 10.4. Second By Mr. Niokerson and unanimous vote in favor of the motion. Lisa M. ~e~t - Discussi~ ~y Mr. ~mllivan and Mr. Frizelle ShaS the ~%%~g p~iee ~ve a ff~ ~d %ha% %he ~-~w s~ 3 ~ or more. ~. ~izelle also s~d %ha% %hey did not p~s~% ~ e~dence of ~ship. ~. C~rles Foe%er s~d ~% a ~ case c~ld ~e p~nted. ~is p~io~ ~~n~ off the law is a ~a$ric$ion ~ ihs proper ~e of l~d. No~h ~d~er ~s me~ l~d for ~ ~i~l ~ other %o~s. Ne ~s ~ ~g %o ~t ~he PI~ ~ to ~e the l~w. ~e ~% of 1~ is not impo~$ - i~ is ~e~ y~ keep the ~i~l. Mr. Serio ~ade She suggestion to grant the variance wish the condition that only eno horse be allowed. Mr. Souls Brought up the fact Sh&$ She petitioner went air,ut it She right wa~ and could h~ve jus~ pur~h~ed She property and put the horse on iS ~iSh~uS requesSing a variance. Motion by ~. Settle to grant the variance in accordance wish She ~-Law, Sec. 4.12~, 6b. Second by Mr. ~allivan. No vote. Mr. S~llivan withdrew hie second and Mr. Souls ~ithdrew his moSion cn She reocem~ndation that the ~oard take a walk on the property to assure that the animal would be kept in an ~Shat would nos offend %he neighbors. E.P.~. - Mr. FosSer suggested the Board refer So residential BuildAngs, if ~ ~ild~ is 10 fee~ ~ %he prope~y l~e, ~e y~ e~ ~o n~fo~oe~ ~. ~zelle s~d t~% %he ~ple ~ew wh~ %hey ~~ ~heir h~es %~% ~ey ~re ~. ~erio ~esti~ed ~. Foe%er a~% ~ w~d be"~ if ~he e~ensi~ we~ ~ted: is: spoors. ~. Fos~er ~pl~ that it is a Fire ~men~ ~i~ ~d ~eir ~s~sibility ~o ~foroe. Mr. Sullivan quesSioned if any of the abutters were so close thaS their view or lighS wo~ld Be oBs%rucSed. Mo$ion ~ Mr. I~izelle t;o grant She special per, iS as requested. ~'o second. Motion fails for lack of a sec~d. Mr. Frizelle pointed ~ ~hat the ~e~tioner is trying t~ expand his business September 15, 1980 - Con'S in North Andover. The drunker of fire is really no ~reaSer ~han it is MoSi~n withdrawn and the ~oard will walk ~he proper~y before making decision. The nex-~ Board of Appeals meeSing will Be held o~ Tuesday evening, OoSoBer 14, 1980, due So She holiday on OctoBer 13. The ~eeti~ ~djeurmed m~ 9:20 P.M. ~ ~erio, Jr ,~ir~an Jean E. T~/Se, SecreSary