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HomeMy WebLinkAbout1982-06-14June 14, 1982 Regular Meeting The BOARD OF APPEALS held a regular meeting on Monday evening, June 14, 1982 with the following members present and voting: Frank Serio, Jr., Chairman~ Alfred E. Frizelle, Esq., Vice- Chairman~ Richard J. Trepanier, Esq., Clerk~ William J. Sullivan; and Augustine W. Nickerson. Associate Member Walter F. Soule and Building Inspector Charles Foster were also present. PUBLIC HEARINGS Benjamin Farnum - Change Special Permit Boston Hill The Clerk read the legal notice. Atty. Howard Berger was present representing the applicant. Major points by Atty. Berger were: This application represents a re-petition before the Board. Mr. Farnum has appeard on several occasions before both the Board of Appeals and the Plannin~ Board. The Planning Board has recently granted their approval for this re-application. There is one change in circumstances in that the title to the structures and the land has reverted to the Farnum's. They (Farnum's) would suffer a hardship if they had no use of the structures. There are two potential lesees Eastern Microwave and Rollins Cablevision and their ~nformation has been presented at pre- vious meetings. Mr. Roger Peter$on and Atty. James Hyde are both here tonight to answer questions. - MIT no longer uses the property. Their lease expired 4/1/82. - There is some question as to whether or not MIT is ever going to remove the structures. Speakin.g in favor was Mr. Steven McMahon from the Trustees of Reservations. He stated that they are no longer opposed to the petition but would like to see a condition imposed that the other metal towers be removed. Atty. Berger verbally approved of this condition. June 14, 1982 -2- Regular Meeting Farnum - continued A letter from the Planning Board was read and placed on file. Speaking in opposition was Mr, MiChael Letizia, saying that he does not know what affect this will have on his health and on television reception. Mr. Peterson replied that on the question of radiation in the area, the transmissions are focused into very narrow beams and the amount of energy is so small that it is almost non-measureable and it is non-hazardous. It will not affect television or appliances. The energy is confined to a horizontal level and they are 5-6 lower than the worldwide standard of safety. Atty. Hyde added that one of the conditions presented to the Planning Board is that there will be no harm to the area. MOTION: SECOND: VOTE: by Mr. Frizelle to take under advisement by Mr. Nickerson Unanimous - motion carries. Town of North Andover - Special Permit - Main Stree.t_ The Clerk read the legal notice, Mr. Gayton Osgood, Director of Community Development, was present for this petition and made the following points: The request is for a Special Permit to extend the non-conforming structure in order to construct a new Senior Center to the rear of Town Hall. This is part of the Community Development's activities funded by HUD. Several groups were involved in the decision to locate the Center behind Town Hall. There will be a parking area to the rear of TOwn Hall along with several improvements. Randy Jones, architect, and Barbara Keiser from the Office of Community Development were also present to answer questions. The reason for the special permit is that they are extending the existing building back and coming further within the lot lines. - The access is proposed to come in through Stevens Road, which is the current access to the Kenics Corporation. June 14, 1982 -3- Regular Meeting Town of North Andover - continued There is a second egress which will be gated in the back for emergency use only. Kenics has agreed to give the town an easement, but another abutter, Dr. Lentini, has some problems. They will try to work something out but they might have to go with eminent domain. The passage next to the fire station is too narrow. Also, to go through the Andover Savings Bank property is too narrow and Saunders Street is residential. The gate is for the fire department. They plan to improve the grade on Stevens Road. A chain link fence and shrubbery will be added on the Saunders Street side to replace the old wall. No one spoke in favor to the petition, Letters from the Fire Chief and the Building Inspector were read and placed on file. The letter from the Fire Chief requests at least 10 parking spaces for fire department personnel. Speaking in opposition was Dr. Richard Lentini, an abutter. He feels that the proposed plan is detrimental to his property and will come within 3 to 5 feet of his buildiing. He also has some fears on the final grade of the road and requested more specifics. The foundation of his building steps down and it is very dangerous in the winter. Mr. Michael Cahill from Scanlon's Hardware also expressed some concerns about the traffic in and out. Chairman Serio Suggested razing the preSent Senior Center office and using that space for an entrance. Mr. Osgood replied that the senior citizens want that land for pedestrian access. Member Frizelle suggested that Mr. Osgood and Dr. Lentini get together to work out some agreement before the Board renders a decision. MOTION: by Mr, Frizelle to continue the public hearing. SECOND~ by Mr. Trepanier VOTE: Unanimous - motion carries, June 14, 1982 ~4- Regular Meeting DECISIONS Maureen Joyce - Second Street - from May 10, 1982 Sitting: Serio, Sullivan, Nickerson, Soule. Chairman Serio read a letter from the Building Inspector stating that in his opinion, no lawful non-conforming use has been es- tablished for the premises. Attorney Ralph Joyce was present and disagreed with the Building Inspector. He feels that the use of the building appears to pre- date zoning. MOTION: by Mr. Soule to deny the variance because Section 10.4 of the Zoning By Law has not been satisfied. SECOND: by Mr. Sullivan VOTE: Unanimous - motion carries Gilbert Rea - Renew Earth Removal Permit - from May 10, 1982 Sitting: Serio, Frizelle, Sullivan, Nickerson MOTION: by Hr. Sullivan to continue the Special Permit with the same conditions for one year. SECOND: by Mr. Frizelle VOTE; Unanimous - motion carries Nanc_~v~ Melillo - Marblehead Street Sitting: Ser~o, 'F-FTz---le-]~-~'-N~son, Soule No plan received to date. MOTION: by Mr. Frizelle to continue until the plans are re- submitted, SECOND: by Mr. Soule VOTE: Unanimous - motion carries. Benjamin Farnum - Boston Hill The Board discussed the petition at length. They also reviewed the 1957 file. They talked about the finding that there is a change in circumstance, ie., at the time of the original petition, Mr. Farnum owned the land and leased it to MIT and the Special Permit was in MIT's name. MIT no longer utilizes the land or the structures. Also, at the time of the original petition, MIT still owned the building. Now, MIT is out of the picture, and the petitioner owns both the building and the land. June 14, 1982 ~5- Regular Meeting Farnum- continued Member Frizelle wants to review the old files again and find out what is recorded at the Registry of Deeds and with the Town Clerk. No action taken. The meeting adjourned at 10:30 p.m. · --/ h~i~m Frank Serio, Jr., an Jean E. White, S~cretary