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HomeMy WebLinkAbout1982-01-11January 11, 1982 Regular Meeting The BOARD O~ APPEALS held a regular monthly meeting on Monday evening, January 11, 1982 at 7:30 p.m. in the Town Office Meeting Room with the fol~lowing members present and voting: Frank Serio, Jr., Chairman; Richard J. Trepanier, Esq., Clerk; William J. Sullivan; Augustine W. Nickerson) and Raymond A. Vivenzio, Esq. Building Inspector Charles Foster was also present. PUBLIC HEARINGS Bulger, Winifred - Variance request - Chickering Road The Clerk read the legal notice. Attorney Andrew F. Shea present for Mrs. Bulger. Mrs. 'Bulger also present, along with Doctors Prentiss and Zielenga. Before the hearing began, Member Raymond Vivenzio, Esq., stated that Attorney Dom Scalise will represent an abutter to Mrs. Bulger tonight. Although Attorneys Vivenzio and Scalise share office space~ there is no professional association. Attorney Vivenzio asked if anyone present objected to his sitting on the public hearing. No objection was voiced and Attorney Shea stated that he is not opposed to Attorney Vivenzio sitting on the hearing. In addition, Atty. Shea pointed out an error on the application - No. 5 - approximate date of erection - should be 1963 for the house. Major points by Atty. Shea: The premises contain Bulger Animal Hospital as well as Mrs. Bulger's dwelling. The present occupants of the hospital have operated it since 1978 with a Lease and Installment Sale. The neighbors have complained of excessive noise caused by barking dogs in the open dog runs. The Building Inspector has informed the operators of the hospital that the problem must be corrected The doctors are proposing an enclosed dog run to the rear of the existing hospital with more space than the open run. The dog run on the North side will be eliminated. The parcel is zoned "B" abutting an "R" district, so there is an additional 15' buffer zone required. The addition, the existing dwelling, adding on the 15' buffer and the rear line requirements, requires a variance. On the South side, they propose additional parking spaces, also requiring a variance. There are currently 7 to 8 employees in addition to 4 doctors and the Bulgers have 2 automobiles. A one-way traffice p~ttern is proposed. January 11, 1982 ~2~ Regular Meeting Bu.l.ger - continued Speaking in favor - No one spoke in favor of the petition Speaking in opposition - Atty. Dom Scalise, representing Mr. and Mrs. Arcidiacono. Atty. Scalise stated that his clients are not opposed to the addition, but they are opposed to the proposed parking lot in the North side. They are afraid that the additional parking spaces will attract customers from the 99 Restaurant down the street where parking has always been a problem, thereby adding to an already dangerous situation on busy Chickerinp Road. Dr. Zielenga responded that there are usually 10 employees on the premises at one time, and even 12-13 at peak periods, There is currently not enough room for the customers to park. Other neighbors present were Louis Sergi, Mr. Messina and Alfred Arcidiacono. A letter from the Building Inspector was read and placed on file. A discussion followed between the Board, the Building Inspector, and Attorney Shea on the best way to design the parking lot and how to keep out unwanted traffic. MOTION: by Mr. Trepanier to take under advisement. SECOND: by Mr. Nickerson Motion carries unanimously. Kawash, Edward - Variance request - Massachusetts Avenue The Clerk read the legal notice. Mr. Kawash present. He told the.Board that a recent plot plan was required by his bank to secure a loan. A 9" violation was discovered on the set back (side) and he is requesting a variance for this reason. No one spoke in favor or opposition to the petition. MOTION: by ~r. Trepanier to grant the variance as requested. SECOND: by Hr. Sullivan Motion carries unanimously. January 11, 1982 -3- Regular Meeting Farnum, Benjamin Request for an extension of a Special Permit and name change from M.I.T, to Ben'jamin Farnum The Clerk read the legal notice. Mr. Farnum was present with his attorney, Howard Berger. Mr. Farnum is requesting that a Special Permit granted by the Board of Appeals in 1957 to extend the height.of a tower beyond the re- quirements of the Zoning By Law be extended in addition to changing the name on the Special Permit from Massachusetts Institute of Technology to Benjamin Farnum. When the orginal Permit was granted in 1957, the tower was an allowed use in the residential district. The use is no longer allowed in the district. The land on which the tower is located is on Boston Street and known as Boston Hill. Massachusetts Institute of Technology has been the sole user of the premises and structures since the Permit was issued. Representatives from Eastern Microwave and Rollins Cablevision were present tonight. Both companies wish to utilize the premises and the structures located thereon. Major points by Attorney Bergerz The proposed use of the hill by Eastern Microwave and Rollins will not create a greater burden on the hill. The visual physical changes to the hill will be small. No additional traffic. The facility will be unmanned. MIT has requested in strong terms that they would like to have continued use of the facility. Eastern Microwave and Rollins will be consistent with the current use. Documents from Mr. Farnum, MITRE, Eastern Microwave, and Asoian, McGarry, and Tully,~Attorneys at Law, were read and placed on file. Building Inspector Foster asked - "Will there be multiple uses on the hill?" Mr. Farnum replied ~ "Yes - 3." Atty. Ber.~er added - ,'As to multiple uses, there will be 2 towers." A discussion followed on whether or not the use of the hill is non- conforming. The Building Inspector feels it is not because the Special Permit governs the land today. Attorney John J. Willis, Jr., speaking as a resident of North Andover, aroued that because the use is no longer allowed, it becomes non- cohformi np. Mrs. Stewart, an abutter asked 'If M.I.T. (also referred to as Mitre) uses the facilities, is the Special Permit still in effect?" January 11, 1982 Regular Meeting Farnum - continued Atty, Berger replied - "Mitre wants the site left open for future use. The Special Permit allows the types of uses he (Mr. Farnum) is asking for. He wants to allow the uses to continue." A discussion followed on whether or not the equipment would cause interference. The representative from Rollins stated that they are in the business of providing T.V, reception, not transmitting. He assured the Board that they will not cause interference. Mr. Foster addressed the issue of the commercial use under the Special Permit located in a residential district, Atty. Berger responded that the Board of ~ppeals has the power to alter a Special Permit or to enlarge a non-conforming use and that is what he is asking for] tonight. He cited Sections 9.1 - 9.3 of the Zoning By Law. Mr, Foster questioned the Board's power tO extend from Research and Development to Commercial. Member Sullivan asked if the possibility that the proposed addition to the tower could be a detriment to the local airport has been i nves ti pa ted. Mr. Peterson from Eastern Microwave responded that there is a possibility that the FAA could place some restrictions. Normally, their requirement is 200' and they are asking for 140' Hember Sullivan asked "What if we deny the 140'?" Mr. Peterson responded "We could not use the premises." Member Sullivan then asked Mr. Farnum ' "What would that mean to you?" Mr, Farnum responded "We would take the structure down." MOTION: by Mr. Nickerson to take under advisement. SECOND: by .~Ir. Vivenzio Motion carries unanimously. DECISIONS McPhee, Harold - Browns's Court Atty. John J. Willis, Jr. present. Because only three members of the Board who sat on the public hearing are present tonight, (Serio, January 11, 1982 -5- Regular Meeting McPhee - continued Vivenzio, Nickerson) Atty. Willis agreed to grant an eXtension to the time the Board has to render a decision. Atty. Willis' agree- ment was placed on file. Bul§er, Winifred - Chickerin9 Road MOTION: by Mr. Sullivan to grant the variances requested for the existing dwelling and proposed addition with additional parking with the followinp conditions: 1. A six-foot stockade fence to be installed on the Northerly side and rear side of the lot. 2. On the Southerly side, there will be a natural evergreen tree barrier that will grow to a suitable height to provide necessary screening. 3. The two Southern most parking spaces will be eliminated. 4. A chain or gate barrier will be installed to secure the parking area at ingress/egress. 5. A suitable barrier on the island between the egress/ingress will be installed to provide unauthorized entrance to the parking lot, 6. The parking lot will be used only for the business purposes of the animal hospital and the residents of the home and their guests. 7. All conditions to be placed on the plan and the plan~ to be revised accordingly - to be submitted to the Board of Appeals no later than February 8, 1982, No plans will be endorsed until such revisions are made. SECOND: By Mr. Vivenzio Motion carries unanimously. Farnum, Benjamin - Boston Hill The original 1957 decision was reviewed by the Board. Member Sullivan requested an opinion from Town Counsel. agenda for February meeting, The meeting adjourned at 10:45 p.m. Fr~nk~Seri o,- dr ~, ~hValrman P1 aced on Jean E. White, Secretary