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HomeMy WebLinkAbout1982-02-08February 8, 1982 Regular Meeting The BOARD OF APPEALS held a regular monthly meeting on Monday evening, February 8, 1982 at 7:30 p.m. in the Town Office Meeting Room with the following members present and voting: Frank Serio, dr., Chairman; Alfred E. Frizelle, Esq., Vice-Chairman; Richard J. Trepanier, Esq., Clerk; Augustine W. Nickerson; and Walter F. Soule. Associate Member Maurice S. Foulds also present as well as Building Inspector Charles Foster. Members Raymond A. Vivenzio and William J. Sullivan arrived late to sit on a decision of a previously held public hearing. PUBLIC HEARINGS Mukerj.ee., Dry. Dili.,p. - Special Permit request - Main Street The Clerk read the legal notice. Mr. Joseph Lagrasse, the architect, represented Dr, Mukerjee, who was also present at the hearing. Major points by Mr. Lagrasse: - The site is ~located at 14 Main Street behind Cashman's service station. It presently houses the Slender Trap. - The buildings are existing. - The exterior walls will remain the same with the addition being done to the interior. - The first floor roof will be razed, adding an upper floor to the building. - Under Section 9.1, Dr. Mukerjee is asking for a continuance to use the site as it currently exists. - The stone building will be renovated for use as a professional building. Speaking in favor - John Caron on behalf of himself, his wife, and his parents. Opposed - no opposition voiced. A letter from the Building Inspector was read and placed on file. ~r. Caron asked how high the addition would be and Mr. Lagrasse responded that it would be an eight to ten foot addition. MOTION: by Mr. Frizelle to take under advisement SECOND: by Mr. Trepanier Motion carries unanimously. February 8, 1982 -2- Regular Meeting McComish, Lance - Special Permit req. uest - Jetwood Street ?he Clerk read the legal notice. Atty. Lawrence Rossi was present representing Mr. and Mrs. McComish. Major points by Atty. Rossi: - Mr. and Mrs. McComish are requesting a Special Permit to build a sinole family dwelling on the property consisting of Lots 159 and 130 Jetwood St. - A single family dwelling 'would contain an area of 10,000 s.f. and 12,500 is required. - The house would be constructed with all other applicable building and zoning requirements. ?he parcel has 100 foot frontage and all set backs. ~ Other lots in the area are undersized - some are only 5,000 s.f. - The McComish's acquired the property in 1981. The person who conveyed the lot owns land adjacent to it. No one spoke in favor or opposition to the petition. No correspondence. MOTIONI by Mr. Frizelle to take under advisement. SECOND: by Mr. Trepanier Motion carries unanimously. Plotkin, Edward - Variance and Special Permit r'equest - Turnpike St. The Clerk read the legal notice. Mr. Plotkin present but does not have a plan of land. MOTION: by ~r. Soule to continue the public hearing until the )~arch meeting. SECOND: by Mr. Trepanier Motion carries unanimously. February 8, 1982 -3- Regular Meeting Jackston, Phyllis - Variance request - Beverl~ Street The Clerk read the legal notice, Atty. George Stella present for the petitioner, Major points by Atty. Stella: The same parcel was before the Board in 1959 when an area and frontage variance was granted, However, the set-backs were not addressed. The variance is needed for conveyance of the property. The building runs in line with other buildings on the street. No one spoke in favor or opposition to the petition. No correspondence. MOTION: by Mr. Frizelle to grant the variance as requested. SECOND; by Hr, Nickerson Motion carries unanimously. ANDOVER SAVINGS BANK Variance request Foster St. Petition withdrawn by petitioner. MOTION: by Mr. Frizelle to accept the withdrawal SECOND: by Mr. Nickerson Motion carries unanimously. DECISIONS McPhee, Harold Browns' Court continued from previous meeting ~]ttin.: Serif, Fri~e-~le, Nickerson, Foulds MOTION: by Mr, Frizelle to grant the variance as requested. SECOND: by Mr, Foulds Motion carries unanimously with the four members present. February 8~ 1982 -4- Regular Meeting Mukerjee, Dr. Dili~-Special Permit - Main St. MOTION: by Mr. Frizelle to grant the Special Permit with the following conditions; 1. That the existing small structure used as a taxi stand and shown on the plan as "to be razed" be removed prior to the issuance of a building permit, 2. That sufficient parking, in accordance with the re- quirements of the Zoning By Law be shown on a plan and presented to the Building Inspector prior to the issuance of a building permit. SECOND: by Mr. Soule Motion carries unanimously. McComish, Lance - Special Permit - Jetwood St. MOTION: by Mr. Frizelle that the Special Permit be granted with the condition that only a single family dwelling be placed thereon. SECOND: by Mr. Trepanier Motion carries unanimously. RE-ORGANIZATION MOTION: by Mr. Soule to re,elect the same officers as the Board had in 1981. SECOND: by Mr. Frizelle Motion carries unanimously. Chairman - Frank Serio, Jr. Vice-Chairman - Alfred E. Frizelle, Esq. Clerk - Richard J. Trepanier, Esq. Farnu~,. Benjamin - Extend Special Permit - Boston Hill Sitting: Serio, Trepanier, Nickerson, Vivenzio, Sullivan Mr. Farnum and Atty. Howard Berger present. Chairman Serio stated that he had talked to Town Counsel who feels that the granting of the Special Permit would be a non-conforming use and the Board must find that the proposed use would not be more detrimental than the previous use. February 8, 1982 -5- Regular Meeting Farnum - continued Atty. Berger gave a brief summary - - Rollins Cablevision plans to utilize the dome tower on the existing structure occupying 400 - 500 s.f. of the existing buildina. - The RoT~ins additions would be minimal to what is~ already up there. - Eastern Microwave/Telephone Co. proposal would place a stub on the existing cement tower, with a dish. - Physically, the change would be minimal. - The extension of the non-conforming use would be less than 25%. .- Under the 2oning By Law, he (Mr, Farnum) would have to come back for each and every change he wished to make. Chairman Serio passed the chair to Member Trepanier. MOTION: by Mr. Serio to grant the continuance of the Special Permit and change the name from M.I.T. to Benjamin Farnum with the conditions that the Permit would be for M.I.T., Rollins Cablevision, and Eastern Microwave only and that the frequencies normally associated with residential television reception would not be interfered with. SECOND: by Mr. Sullivan VOTE : In favor - 3 (Serio, Trepanier, Sullivan) Opposed - 2 (Nickerson, Vivenzio) Motion fails. Chairman Serio resumed the chair. MOTION: by Mr. Trepanier to reconsider the motion to grant the request. SECOND; by Hr. Sullivan Motion to reconsider carries unanimously. After further discussion, a vote was called for on the original motion to grant the request with the same conditions. Members Serio, Trepanier, and Sullivan again voted in favor and Members Nickerson and Vivenzio again were opposed. Therefore, the request is denied. The meeting adjourned at 10:30 p.m. rman Jean E. White, Secretary