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HomeMy WebLinkAbout1981-05-11May 11, 1981 Regular Meeting The BOARD OF APPEALS held a regular monthly meeting on Monday evening, May 11, 1981 at 7:30 p.m. in the Town Office Meeting Room with the following members present and voting: ' Frank Serio, Jr., Chairman; Alfred E. Frizel)e, Esq., Vice-Chairman; William J. Sullivan; Augustine W. Nickerson; and Associate Member Raymond A. Vivenzlo. Other Associate Members Walter F. Soule and Maurice S. Foulds were also present. PUBLIC HEARINGS James Gordon - Variance request on Route 114 Member Vivenzio read the legal notice. The applicant, Mr. Gordon, spoke and told the Board that he is seeking relief from the 100' set back requirement on Route 114, in order to construct an office building to house his CPA firm. The land was re-zoned at the 1981 ToWn Meeting from R-3 to B-i. The re-zoning, however, must be approved by the Attorney General. As the Board viewed the plans, Mr. Gordon testified that if the Zoning By-Law is enforced, the land is not useable. The plan shows two entrances off Route 114, but Mr. Gordon said that they only plan to use one. He also informed the Board that he will need a variance from the 30' set back in the rear. The proposed building will be two stories with 3,800 s.f. of useable space. Mr. Gordon said that his CPA firm will occupy approximately 80% of this space. ~ In response to questions from the Board, Mr. Gordon further stated that the height has not yet been determined, that they intend to screen the lot Farea and the parking area. They currently employ 12 people and have very little traffic to and from the office. When asked about evening work, Mr. Gordon stated that during the tax season (January to April) there will be some evening hours kept, but that the lighting required for the employees should not be a detriment to the area. Member Sullivan told the applicant that he did not seem to be using the maximum area by building within the 30' in the rear. However, Mr. Gordon said that an additional 15' is required because a business district adjoins the property. He said he is trying to situate the building to provide the maximum screening and open space to protect the neighbors. May 11, 1981 -2- Regular Meeting Gordon Continued Mr. Michael Schena spoke in favor of the proposal, stating that the 100' requirement was NOT to make a hard and fast rule for the highway, but to slow it down. He also feels that the rule was made for concentrated industry and to restrict a person the use o~f his landis not right. No one spoke in opposition, but several neighbors raised questions. Mrs. Demandele asked if the construction would affect her on Innis Street, but after viewing the plans with the Board she did not voice any opposition. Mr. Gordon told those present that the architects will be desiging the site plan, which will be on file in the Building Inspector's Office, and invited them to view the plan if they wished to do so. Mrs. Hood asked if the Board could guarantee her the 45' set ~back from her~property and Mr. Serio responded "Yes." She then asked about lighting coming into her back yard, and Mr, Gordon told her that he will need some lighting for the parking area but will try not to be too offensive. There will be additional lights inside the building, but reminded her that there is a high tree line. Mrs. Lorraine Beaudoin stated that it is very difficult to get in and out of driveways in the area, but Mr. Gordon s~ated that while he is concerned with the comments being made, the Board is only addressing itself to the front set back for now. At this point, Mr. Charles Foster, Building Inspector, reminded those present that until the zoning change is approved by the Attorney General, it is not legal. He believes the Attorney General has 90 days in which to act. He further reminded the applicant and the Board that the plan will have to be revised to reflect the change from two .driveways to one. Mr. Gordon asked for a speedy decision because they must vacate their present offices in Andover in the fall of 1981. Motion: by Mr. Frizelle to take the'matter under advisement. Second'~',~ by-Mr. Vivenzio Vote : unanimous in favor of motion. MaN 11, 1981 -3- Regular Meeting Clark, George and Brenda - Variance on Turnpike St. Mr. Vivenzio read the legal notice. Attorney Harold Mor)ey represented the applicants. He told the Board that this is an extremely unique case. Mr. and Mrs. Clark went to sell their hous~ and when the mortgage and plot plan was made, it revealed an encroachment on the street line. The house is 50 years old and it is registered land. They had to go to Land Court. Atty. Morley said that the Land Court would entertain a separate lot because the Clark's actually own half of Booth Street. The attorney for the purchaser believes that a zoning violation was created with the new lot, so they are requesting a variance for the dwelling. No one spoke in t~avor or opposition to the petition. Mr. Charles Carroll asked what would happen if the home were destroyed, and Member Serio responded that it would have to be re-built to comply with the existing By-Law, but~Building Inspector Foster added that it could be re-built in case of a disaster. In further discussion, it was brought out that Land Court determined that the traveled way and water and sewer could not be wiped out. Mr. Peter Azziz added that while this variance will not change anything, he thinks that the back land will someday be developed. Motion: by Mr. Frizelle to take under advisement. Second: by Mr. Sullivan Vote : Unanimous in favor of the motion. Faucher, Steven - Variance on Parker St. Mr. Vivenzio read the legal notice, as well as a letter from the Building INspector. Mrs. Susan Faucher spoke and told the Board that she and her husband wish to construct a porch on the side of their house, but need a variance because they are 18" short. It is an under- sized lot, and they feel that because they are on a corner, they do not have sufficient privacy. In addition, they have a new baby and would like a place for the carriage, etc. ~ Mr. Frank Lord, a neighbor, spoke in favor of the petition. No one spoke in opposition. Motion: by Mr. Frizelle to take under advisement. Second: by Mr. Sullivan Vote : Unanimous in favor of motion. May 11, 1981 -4- Regular Meeting Kawash, Edward - Variance on Mass. Ave. Member ¥ivenzio read the legal notice. Atty. Carol Hajjor McGravey spoke for the applicant. They are requesting a variance to permit them to construct a single family home on a lot with less than the required square footage, which is shown on the Plan as Lot 1. Atty. McGravey testified that the hardship is with the history of the land. Mr. and Mrs. Kawash have lived in their house, which is shown on the plan as Lot 2, for some time. They sub- sequently purchased the adjoining lot, which was a buidable lot at the time of purchase (1954). They planned to build a home for one of their children. The hardship was created by owning the lot in common ownership. Had they owned it in separate owner- ship, it would have been a non-conforming lot, and therefore buidable. The zoning change requires the variance. She further told the Board that the Kawash's are assessed for two separate lots. With the i~ncreased value of the land, it is creating a financial hardship for them. If the variance is NOT granted, it will NEVER be buidable. The proposed dwelling on Lot I will conform with the existing set-backs, except that the lot is undersized. Other dwellings in the neighborhood are undersized and non-conforming, according to Atty. McGravey. Member Frizelle reminded those present that the Board denied this same request five years ago and asked Atty. McGravey what has changed since that time. She replied that at that time, the dwelling did not conform with the set-backs as it now does. Frizelle asked "for both lots?" McGravey replied - "No, they already exist as two lots." Member Frizelle said that for zoning purposes, they have one lot two lots in one ownership become one. There was no correspondence to be read and no one spoke in favor of this petition. Speaking in opposition were Mrs. Marie Dow, Atty. Clifford Elias, representing Mr. S. Thomas, and Mr. F. Scott. Mrs. Dow said that she would oppose anyone building in her neigh- borhood because it would devalue the property in the area. Atty. Elias felt that no changes had occured since the variance was denied in 1975. May 11, 1981 -5- Regular Meeting Kawash - continued Atty. McGravey argued that this lot has a particular hardship. The lot was subdivided many years ago, which does not apply to any other property in the area. She also pointed out that this R-4 district borders very closely on an R-3 district, and feels that allowing the variance will enhance the area rather than create a detriment. Mr. Charles Foster, Building Inspector, spoke as a private citizen, saying that the R-4 district comes from Osgood Street along Chickering Road. Back in 1972 when some planning was done in the town, there were serious considerations given to bringing the R-4 district out through Andover Street because the town needed to extend their small lot district, but the Planning Board did not go along with this. He also stated that he cannot under- stand why Mr. Thomas could not sell a parcel to his neighbor in order to give them the required area. He further stated that it is a hardship for someone to be legislated out of a building lot - they are being hurt on a legal technicality by not putting the lots in separate names. In response to his comments, Mrs. Dow said that "we are not a charity ward" and Atty. Elias stated that the requirements were changed and that this lot is "extremely" undersized. Also, he does not believe that Mr. Thomas has ever been approaced regarding selling a parcel of land. Mr. Foster stated that should another house be constructed, one could not tell by passing by that the lot is undersized. Motion: Second: Vote : by Mr. Frizelle to take the matter under advisement. by Mr. Nickerson Unanimous in favor of the motion. Rea, Gilbert - Special Permit to renew Earth Removal Permit Upon an agreement between Mr. Rea and the Board, this request has been tabled until the June meeting. However, several people were present tonight to oppose the operation. The Board and the residents viewed the topographic plan. Motion: by Mr. Frizelle to continue the public hearing until the June meeting. Second: by Mr. Vivenzio Vote : Unanimous in favor of the motion. May 11, 1981 -6- Regular Meeting Polizzotti, Josephine - varianc~ request on Pleasant Street Mr. Vivenzio read the legal notice. Mrs. Polizzotti addressed the Board and told them that it is very difficult for her to maintain her house, but she does not want to move - the only way she can survive is to sell the back lot. She said that she pays taxes for two separate lots, but because of her age, she cannot take care of them. Motion: by Mr. Frizelle to take under advisement. Second: by Mr. Sullivan Vote : Unanimous in favor Of motion. DECISIONS Polizzotti - Pleasant St. Motion: by Mr. Sullivan that the variance be granted with the following conditions: That only a single family dwelling be built on the lot; That the existing structure (barn) on Lot B be removed prior to a building permit being issued for construction of the new dwelling. Second: by Mr. Nickerson Vote : Unanimous in favor of the motion. Gordon Turnpike Street (Route 114) Motion: by Mr. Frizelle that the variance be granted subject to the following conditions: 1. That the premises be used only for professional offices, real estate offices, and insurance offices; 2. That the first 15' of the total set back abutting the residential district shall remain open and green, be suitably landscaped, unbuilt upon, unpaved, and not parked upon; 3. That the variance is effective only upon approval by the Commonwealth of Massachusetts, Attorney General's Office, of the Zoning By-Law amendment as voted at the 1981 Town Meeting. Second: by Mr. Sullivan Vote : Unanimous in favor of motion. May 11, 1981 -7- Regular Meeting Moti on: Second: Vote : Clark - Turnpike St. by Mr. Frizelle to grant the variance as requested. by Mr. Vivenzio Unanimous in favor of motion. Faucher - Parker St. Motion: by Mr. Frizelle to grant the variance as requested. Second: by Mr. Nickerson Vote : Unanimous in favor of motion. Kawash - Massachusetts Ave. Motion: by Mr. Frizelle that the variance be denied. Motion withdrawn. Motion: by Mr. Sullivan that the variance be granted. Second: by Mr. Frizelle Motion fails to carry Variance is denied. The meeting adjourned at 10:15 p.m. Frank Serio airman Jean E. White, Secretary