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HomeMy WebLinkAbout1981-06-08June 8, 1981 Regular Meeting The BOARD OF APPEALS held a regular monthly meeting on Monday evening, June 8, 1981 with the following members present and voting: Frank Serio, Jr., Chairman; Alfred E. Frizelle, Esq., Vice-Chairman; Richard J. Yrepanier, Esq., Clerk; Augustine W. Nickerson; and Maurice S. Foulds. Associate Member Raymond A. Vivenzio, Highway Surveyor William Cyr, and Building Inspector Charles Foster were also present. PUBLIC HEARINGS Devendorf, David Main Street Request for variance and Special Permit Clerk read legal notice. Mr. Devendorf was present and presented a plan to the Board. He owns the property wit~ his wife and mother-in-law. His intent is to convert a single family dwelling into a 4-family dwelling. His major points are: Frontage on Hain and Davis Streets would remain the same. House needs extensive renovation according to building codes. Improvements are estimated at $40,000.00. There is a multi-family dwellin? next door. Letters from the Police Chief and Building Inspector were read and placed on file. In favor - No response. Opposed - Gerry and Ma~reen Bateman, 299 Main St., Ray Holland 344 Hain St., Mrs. Andrew Bass, 351 Main St., Reverend Alexander Daly, Atty. Charles Trombly, representing Paul Dobson, Jane and Ralph Griswald, Charles Bazarian, Magnolia Drive, Claire Foley, and Mr. Lamberts Davis St. Mrs. Bass presented a petition from neighbors voicing their opposition. Major points by neighbors: - Detriment to neighborhood - Increased traffic - Spot zoning - Dangers to children walking to and from school. - Mr. Devendorf knew what the zoning requirements were when he purchased the property. - Other multi-family dwellings have been there for years. Mr. Devendorf stated that if the Special Permit is not granted his mother-in-law will convert the dwelling into a rooming house. MOTION: by )Ir. Frizelle to take under advisement SECOND: by Mr. %repanier. Motion carries unanimously. June 8, 1981 -2- Regular meeting Rea, Gilbert ~_~_pecial Permit to renew Earth Removal Permit Continued from previous meetino. [Serio, Frizelle, Nickerson, Vivenzio) Mr. Rea present. Major points made by Mr. Rea: - He has been in business since 1945 and operating this area since 1963 without complaints. It is his livlihood. - He has kept it seeded and has improved the water run-off on Chestnut Street. Speaking in favor: Robert Madden, Rea Street, Tim Rock, Jay Road, Jack Carter, Chestnut Street. Letter from Building Inspector dated 4/27/81 read and placed on file. Mr, Foster, Building Inspector, spoke. Several people have been into his office to review the plans and their major concerns seem to be on the Chestnut Street side. From inspecting the site, it is actually more advantageous to the abutters tha~ the plans indicate. Also, Mr. Rea plans to leave a larger buffer than is required. Letters from Highway Surveyor, 5/6/81; Police Chief, 4/22/81; and Douglas Wilson, 5/10/81 were read and placed on file. Speaking in opposition: Peter Bulchly, Chestnut Street Gary Ritter, 2 Blueberry Hill Lane, Kathy Hamel, 374 Chestnut St., Barry O'Hagen, Chestnut Street, and Jim Kelly, Chestnut St. Major points by opposition: - Safety of children in the area is in danger. - Neighborhood has changed - heavily populated now. - Values of homes going down. Mr, O'Hagen emphasized that the neighbors are not here to hurt Mr. Rea, but to reach an agreement. Mr. Carter reminded the neighbors that they knew the gravel pit was there when they purchased their homes. The Highway Surveyor pointed out the fact that Mr. Rea allows the town to haul out and it is an asset to the town. Also, Chestnut Street is a public way~ Also, drainage is no problem because it all flows to Mosquito Brook. Member Frizelle gave a history of the permit from the time it was originally granted in 1963. It was reviewed in 1976 and this is the first time any opposition has been VOiced. June 8, 1981 -3- Regular Meeting Rea - Continued Mr. Foster told those present that he has on record the proposed future use of the land. Mr. Rea has proposed to use it for farm and not development. Mr. Rea added that the buffer zone increases with the operation. MO%ION: by Mr. Frizelle to take under advisement. SECOND: by Mr. Vivenzio Motion carries unanimously. Marchese, Salvatore Variance request Bradford Street The Clerk read the legal notice. Mr. Marchese present. He does not have a plan of land to present to the Board. MOTION: by Hr. Frizelle to continue the public hearing until the next Board meeting. SECOND: by Mr. Trepanier Motion carries unanimously. Closson, H. Terry - Variance request - Milk Stree~ The Clerk read the legal notice. Attorney Edward present representing the applicant. The house was built in 1950 before the current zoning requirements. The variance is needed for a side yard set-back. Mr. Closson bought the home in 1974 w~thout knowledge of the violation. A recent mortgage plot plan was required by the bank for the sale of the home and the violation was discovered. It is unsaleable without the variance. Member Frizelle asked "Is it non-conforming?" Atty. Cregg replied - "I am not sure,~it appears to have been in violation all along." Speaking in favor Mrs. Eileen Pybus, 54 Milk Street. Opposed - No opposition voiced. MOTION: by Mr. Frizelle to grant the variance as requested. June 8, 19B1 Regular Meeting Closson - continued SECOND: by Hr. Nickerson Motion carries unanimously. Nathanson, Richard - Special Permit request for conversion Main St. The Clerk read the legal notice. Attorney John J. Willis, Jr., present for Mr. Nathanson. (Mr. Nathanson also present). Atty. Willis presented an additional plan for proposed parking. Major points by Atty. Willis: - Two floors are currently occupied. - Plan shows the presently existing 3-bedroom apartments. Mr. Nathanson is seeking to use the attic area as an apartment with a possibility of a dormer. No exterior changes - Building is over fifty years old - pre-dates zoning. - There was a proposal in 1975 to convert to eight apartments~ which was denied - We are looking at Section 9.1 which allows the conversion as long as it is not a detriment. Seeking it because: The building is very large with immense floor area No additional impact on the area. There are presently enough parking spaces on the paved area. The petitioner will make allowances for nine spaces. Atty. Willis also pointed Out that there is a common driveway between Mr. Nathanson's property and Mr, Kellan's property next door, There are many multi-family units in the area. There is a need for rental housing in North Andover. Also, the permit will bring in more tax dollars for the town. The only impact will be a slight addition in cars.. In addition, the only way Mr. Nathanson can afford to renovate the buildin? is to receive additional rent from the proposed additional apartments. The property will continue to deteriorate without the Special Permit. A letter from Gayton Osgood, Director of Community and Development, was read and placed on file. Speaking in favor - Ralph Ciardiello, Jim McAloon, ¢. Outer (tenant) and B. Wilder (tenant). June 8, 1981 -5~ Regular ~eeting Nathanson continued Opposed Atty. Charles Trombly, representing Mr. and Mrs. Kellan; Edward O'Toole, Mr. Shaheen (Add-On-Data)~ Phil Spitalere. Major Points The right-of-way is only 5½ feet at the Southwest extremity and 9' at the Northeast extremity. The owners of the land had a right-of-way for 4 apartments and now they want 6. Too close to an elementary school increased traffic will be dangerous. The Fire Department cannot make it through the right-of-way. Mr. Nathanson asked the neighbors to view the revised plan. He feels there are enough parking spaces. MOTION: by Mr. Frizelle to take under advisement SECOND: by Mr. Yrepanier Motion carries unanimously. McGarrx~John- Variance request - Chestnut Street The Cler~ read the legal notice. Atty. McGarry present and stated that he purchased the home in 1975 and a plot plan was not required. He now wants to construct a larger garage, using Chestnut Court. He presently must back out onto Chestnut Street, which is very busy and dangerous. A plot plan was required to secure the loan for the construction which revealed a 1½ foot violation. Because the parcel is on a corner lot, the variance is needed. In favor No one spoke in favor. Opposed - no opposition voiced. A letter from the Building Inspector was read and placed on file. MOTION: by Mr. Frizelle to grant the variance as requested. SECOND: by Mr. Trepanier Motion carries unanimously. Oune 8, 198~ .6- Regular Meeting OLD BUSINESS J. Y. Realty Trust - Main Street (Ralph Ciardiello) Correspondence from Atty. John J. Willis, Jr. was read. reviewed was a copy of a deed. Both placed on file. Also DECISIONS Devendorf, David - Main Street MOTION: by Mr. Trepanier to deny the petition for a Special Permit and variance. SECOND; by Mr. Frizelle REASON: Section 10.21 of the Zoning By Law has not been satisfied, and adequate parking cannot be provided. Motion carries unanimously. Nathanson, Richard - Main Street Mr. Foster pointed out that in a GB area, you are limited to 50% of the area of the building for "R" use. Frizelle - "They asked to expand the non-conforming use." MOTION: by Mr. Frizel)e to deny the request. SECOND: by Mr. Nickerson REASON: Section 10.31 of the Zoning By Law has not been satisfied Motion carries unanimously. Rea, Gilbert - Special Permit for Earth Removal Sitting - Serio, ~rizelle, Nickerson, Foulds; Vivenzio MOTION: by Mr. Frizelle that the permit be continued for one year with the condition that it be based on the present decision and comply with the Police Chief's request to hauling via public ways. SECOND; by Hr. Vivenzio Motion carries unanimously. June 8, 1981 -7- Regular Meeting MISCELLANEOUS Letter from V. Scott Follansbee read concerning Sharpner's Pond Road Earth Removal Permit. ?he Board wants assignment from Watson to Follansbee. Minutes of April and May approved. The meeting adjourned at 10:45 p.m. Jean E. White, Secretary