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HomeMy WebLinkAbout1982-04-12April 12, 1982 Regular Meeting The BOARD OF APPEALS held a regular meeting on Monday evening, April 12, 1982 at 7:30 p.m. in the Town Office Meeting Room. The following members were present and voting: Frank Serio, Jr., Chairman; Alfred E. Frizelle, Esq., Vice Chairman~ Augus- tine W. Nickerson; Maurice S. Foulds; and Walter F. Soule. Member Richard J. Trepanier, Esq., Clerk was present at the meeting but did not sit on the public hearings. He did sit on the decision of the Willows, Inc. PUBLIC HEARINGS Patriot Realt~ - Special Permit for common driveway - Lacy St. The Board read a letter from the petitioner requesting that the petition be withdrawn without predjudice. MOTION: by Mr. Frizelle to allow the petition to be withdrawn without predjudice. SECOND: by Mr. Nickerson VOTE: Unanimous motion carries. Benjamin Farnum - Request to extend a Special Permit - Boston Hill The legal notice was read. Mr. Farnum present and requested that the hearing be continued to May pending a decision from the Planning Board. Chairman Serio stated that it is up to the Board of Appeals to de- termine if there is a change in circumstances. Mr. Farnum stated that when the original petition was submitted, he was negotiating with MITA. They have now abandoned the site and he (Farnum) holds the title. MOTION: by Mr. Frizelle to continue the public hearing. SECOND: by Mr. Foulds VOTE: Unanimous - motion carries. Nancy. ~elillo ~ Variance - Marblehead Street. The legal notice was read, Mrs. Melillo was present and stated that she wishes to subdivide her lot, leaving the garage with the front house. There is a April 12, 1982 ~2~ Regular meeting right-of-way between the two houses. She wants to be able to sell the front house. Both houses were constructed in the 1920's. No one spoke in favor or opposition to the petition. A letter from the Building Inspector dated April 12, 1982 was read and placed on file. There was confusion on the numbers on the plan of land, The Board returned the plans to Mrs. Melillo and instructed her to have t~ engineer define what the petition is asking for and also to defind the set backs. MOTION: by Mr. Frizelle to continue the public hearing pending receipt of further information. SECOND: By Mr. Foulds VOTE: Unanimous - motion carries Thomas Ventura - Variance and Special Permit ~ Ashland Street The legal notice was read. Atty. Dominic Scalise was present for the petitioner. Atty. Scalise made the following points? There is a two family dwelling on Ashland Street. The building had been empty for a long period of time and was vandalized. The Ventura's purchased it and have rehabilitated it. In the process of rehabilitation, they are requesting a Special Permit to convert to a four-family as well as a variance for frontage and side line set backs. The square foot requirement is 12,500 s.f. and it has 27,000. The proposal is for two apartments on the first floor and one each on the second and third floors, The neighborhood consists of multi-family dwellings and some commercial buildings. There will be no change to the exterior except up-grading, The neighborhood has been slated for renovation by the Community Development Office. April 12, 1982 -3- Regular Meeting Ventura - continued They hope the end up with four parking spaces, either being on the left side of the dwelling or, if necessary, behind the building. Mr. Ventura added that to hottop the yard would defeat the purpose. He does not want 8 parking spaces. Note: the Zoning By Law requires six. Speaking in favor was Mr, Gayton Osgood, Director of Community Development. His department has seen several improvements planned for Ashland Street (drainage, etc.). They are working with the residents of the street and would like to see all of the structures restored to their original condition. He also raised the possi- bility of Mr. Ventura sharing a parking lot with the owners of the adjacent kindergarten since they might want to add an apartment. He also stated that North Andover badly need~rental housino. Letters from the Builidng Inspector and Gayton Osgood were read and placed on file. No one spoke in opposition to the petition. Atty. Scalise added that the building will be an improvement to the neighborhood as well as giving the community new apartments. In order for Mr. Ventura to do the work, he needs the four units for income. MOTION: SECOND: VOTE: by Mr. Frizelle to t~.ke under advisement. by Mr. Nickerson Unanimous - motion carries. Louis Kmiec - Special Permit , Main Street The legal notice was read. Mr. Kmiec was present and made the following points; - He is asking for a Special Permit so that he can complete the plans for Frye's Courthouse. - Because the structure is legally non-conforming, the Special Permit is required. - There will be no increase in the dimensions, only a continuing use in the GB district. - The non-conforming building has been in existence since 1844. - GB calls for 25,000 square feet. April 12, 1982 -4- Regular Meeting Kmiec - continued Mr. Kmiec read from the Zoning By Law, Section 10, and stated: It has the appropriate use. It is not hazardous and is in harmony. Physically, Main Street is limited. It is under revitalization now and we must provide a wider variety of quality products. He has .spoken to the abutters and received no oppostion. By approving this petition, the board will be helping to up- grade Main Street. He has already developed the first floor and has good quality tenants to occupy the second floor. No one spoke in favor or opposition to the petition. Letters from the Building Inspector and Town Planner were read and placed on file. Mr. Michael Arcidiocono, representino his father-in-law who is an abutter, asked about trash and said it is a problem now. Mr. Kmiec replied that he has been talking to other business owners in an attempt to remedy the situation. When asked about traffic, Mr. Kmiec replied that there will be no changes. Mr. Arcidiocono asked about fire exits and Mr. Kmiec replied that there will always be two exits and he must comply with the building codes. MOTION: by Mr. Frizelle to take under advisement SECOND: by Mr. Foulds VOTE: Unanimous - motion carries. Mass. Refusetech, Inc. variance -Holt Road The legal notice was read. Mr. Charles Best was present for Mass. Refusetech, a subsidiary of UOP. His points were: - They want to construct a facility to generate electric energy for refuse. April 12, 1982 -5- ~Regular Meeting Mass. Refusetech - continued - The proposed structure is located in an I-2 zone, - Table 2 of the Zoning By Law requires a 55 foot height maximum. - The proper design of the boiler requires 102 feet above the grade of the front of the building. Chairman Serio asked about the height of the proposed stack and Mr. Best replied that it will be 230 feet from grade (maximum), 290 feet as fixed by FAA. Mr. Best added: They (UOP) have verbal approval from the FAA. - The o~e stack will take care of two furnaces. The height of the building is the question before the Board tonight. No one spoke in favor or opposition to the petition. Letters from the Building Insepctor and Western Electric were read and placed on file. Mr. John Phillips, also representing Mass. Refusetech, stated that the 160 feet referenced in Western Electric's letter is incorrect. At a hearing held two weeks ago for the site assignment it was cleared up. It has also been corrected with DEQE. He added that there will be a hearing on Ma9 12, 1982 at the Middle School. MOTION: by Mr, Frizelle to take under advisement. SECOND: by Mr. Soule VOTE: Unanimous - motion carries. DECISIONS The Willows - variance - Turnpike Street - from March 8, 1982 Sitting: MOTION~ SECOND: REASON: Serio, Frizelle, Nickerson, Trepanier, Soule. by Mr. Frizelle to deny the variance. by Mr. Trepanier The petitioner does not own the property the sign is on even though it is in the corporate family. April 12, 19B2 -6~ Regular Meeting Willows - continued VOTE: Unanimous - motion carries. Mass. Refusetech - variance - Holt Road MOTION: by Mr. Frizelle to grant the variance as requested. SECOND: by Mr. Foulds VOTE: Unanimous - motion carries. Louis Kmiec - Special Permit - Main Street MOTION: by Mr. Frizelle to grant the Special Permit as requested. SECOND: by Mr. Soule VOTE: Unanimous - motion carries. Ventura - variance and Special Pemmit - Ashland St. There is a question on the zone because of an error at last year's Town Meeting. Continued until next month so that the Board may verify the zoning district with the Town Planner. Benjamin Farnum - continuance and name chanoe to Special Permit Boston--Hill Continued earlier no decision rendered- special meeting possible. The meeting adjourned at 10;00 p.m. Jean E. White, Secretary