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HomeMy WebLinkAbout1982-08-09August 9, 1982 Regular Meeting The BOARD OF APPEALS held a regular monthly meeting on Monday, August 9, 1982 in the Town Office Meeting Room with the follow- ing 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 Members Raymond A. Vivenzio, Esq., and Maurice S. Foulds were also present. PUBLIC HEARINGS The Willows, Inc. - Special Permit - Turnpike Street The Clerk read the legal notice. Chairman Serio exPlained to the Board and audience that the Board of Appeals will first determine whether or not this is a new or a re-petition, since the same request for a heliport on a different parcel of land and under a different ownership was denied several months ago by the Board of Appeals. Mr. Robert Regan was present representing Willows, Inc. and re- minded those present that the previous petition was from Capri- corn Corporation. MOTION: SECOND: VOTE : by Mr. Frizelle that, in reviewing the files, the first petition was under Capricorn Corporation and was for a parcel of land which is different from the present pe- tition, and, therefore, this is a new application and is not barred by Section 16 of Chapter 40A. by Mr. Trepanier Unanimous - motion carries Mr. Regan then made the following pointsl He presented a set of plans as well as an article which appeared in a recent aviation publication. When the heliport was proposed in March, the previous location was too close to Route 114 and Marion Drive. With the new location, you cannot even see the heliport from Route 114. Route 114 will be used for the direction of the approach, but will not be over any homes. - Helicopters take off and land in the wind. - The path will always be parallel to Route 114 and never over the subdivision. August 9, 1982 -2- Regular Meeting The Willows, Inc. continued People will never know that helicopters are taking off and landing. The length of a helicopter is 40 feet. The Willows, Inc. is the real estate company - his personal interest is that he works there. The request is for both his business and personal uses. The heliport would be constructed within a year if the Special Permit is granted and he will purchase a helicopter. The companies in the industrial park are in favor of the petition. A helicopter cannot come "straight down" the way most people think it can. He is trying to create a business environment in North Andover, which is his reason for being opposed to using the Lawrence Municipal Airport. It is at least a 15 minute drive to the airport. To deny the Special Permit would be to deny the use of his property. This is a valid use of the property. Even if the Lawrence Airport were 5 minutes away, he would still want a heliport on this property. He would object to a condition stating that it could only be used during certain hours if they were. too restrictive - the tennis club is open most of the time. He proposed 7:30 a.m. to a half hour before sundown as being fair. No one spoke in favor of the petition. Letters from the following were read and placed on file: The Fire Chief, former Town Planner Susan St. Pierre, and Jean White, Secretary to the Board. The Fire Chief's letter dealt with emer- gency procedures, the Town Planner recommended favorable action, and the Secretary's outlined a conversation she had with Mr. David Graham from the Massachusetts Aeronautical Commission. Fire Chief William Dolan was present and stated that the term dry powder is not a chemical. The Fire Department is requesting education of what materials they will be dealing with so that a small problem does not become a large one. August 9, 1982 -3~ Regular Meeting The Willows, Inc. - continued Chief Dolan then explained to the Board and the audience the first, second, and third alert procedures and what apparatus is available to the Town of North Andover. The following persons spoke in opposition to the petition: Mrs. Monique Goodrich, Mr. Nick DiNitto, Mrs. Mottolla, Mort Galper, Pat Cavanaugh, Jack Carter, Dave Asmusden, and Monique Curtain. The neighbors cited the following reasons for opposition: the danger of a crash, especially where the Fire Department does not yet know what materials will be ~nvolved, lowered property values as a result of the heliport, and the noise involved. Also speaking in opposition was Atty. Paul A. Hedstrom, Chairman of the North Andover Planning Board. He feels, both as a member of the Planning Board and a resident, that this is not a new petition and should have gone before the Planning Board for their consent. He is also opposed to helicopters so close to Route 114 and the nearby Residential zones. When asked by the Board who would actually use the heliport, Mr. Regan replied that anyone having an active business interest could it us~J.~with prior notification. Apart from the industrial parr and the professional park, he would use it, possibly 7 days a week. MOTION: by Mr. Frizelle to take under advisement. SECOND: by Mr. Trepanier VOTE : Unanimous - motion carries. Alvin Poutenis Special Permit Waverly Road The Clerk read the legal notice. Atty. John J. Willis, Jr., was present for the petitioner and made the following points: The request is to convert an existing two family dwelling to a three family dwelling. The vehicular access would be off Morris Street. The request is al~o to allow a lot size less than the 12,500 s.f. requirement and the frontage requirement. The home is very large and the Poutenis' wish to divide the first floor. They would occupy the second floor. As a result of Mrs. Poutenis' poor health, they need the extra income. August 9, 1982 -4- Regular Meeting Poutenis - continued - The neighborhood consists of commercial and residential uses. - The house across the street Was converted to a three' family dwelling. ~ - The ability to convert is in the Zoning By Law. - The site is appropriate and would not adversely affect the neighborhood. - Adequate parking will be provided. - The additional unit will be on the first floor, making it an easy access/egress, ~ There will be no hazards to pedestrians or vehicles. The dwelling~is on town water and sewer. The request is in harmony with the intent and purpose of the ZBL. If the Board wishes to impose any conditions, the Poutenis' would agree to them. The neighbors were all notif~ed of the petition and have not expressed any opposition, ~o one spoke in favor or opposition to this Petition and there were no letters to MOTION: SECOND: VOTE : by Mr. Frizelle to take under advisement. by Mr. Nickerson Unanimous - motion carries, OTHER BUSINESS At the request of Mr. Joseph Cus~ing, The Board of Appeals and the Chairman of the Planning Board held a discussion of Section 4.133 of the Zoning By Law, which is the Watershed District. There has been some confusion in the past over which Board has jurisdiction over this section, and particularly the "NO CUT" definition. Both the Board of Appeals and the Chairman of the Planning Board agreed that this Section of the Zoning By Law is under the Planning Board's authority. August 9, 1982 -5- Regular Meeting DECISIONS Maureen Jo.yce - Variance - Second Street from July 12, 1982 Sitting: Serio, Sullivan, Nickers°n, Foulds MOTION: by Mr. Sullivan to grant the variance subject to the same conditionS outlined at the Board's previous meeting which were requested to be placed on the plan. The conditions are~ 1. That the existing 1½ story cinder block garage located on Lot B be razed prior to the issuance of a building permit. 2. That the plans be modified to show that each lot will have its own driveway serving the premises located thereon. 3. That a fence be erected at the boundary line between Lot A and Lot B, beginning at the point in the land N/F of Nicosia and running in a generally Southwesterly direction by the said lot line approximately 100 feet. SECOND: by Mr. Foulds VOTE ; Unanimous - 4 members - motion carries, Melillo, Nancy - Variance - Marblehead Street No corrected plans submitted to date - continue for next meeting. Alvin Pouteni~,,..,Speci~l Permit Waverly Road MOTION: by Mr. Frizelle that the Special Permit be granted as requested subject to the condition that the parking lot as shown on the plan be paved prior to the issuance of the building permit for the conversion. SECOND: by Mr. Trepanier VOTE : Unanimous - motion carries. The Willows,~Inc, - Special Permit - Turnpike Street - Heli.port MOTION: by Mr. Frizelle that the Special Permit as requested be denied for the followin~ reasons~ 1. The specific site is not an appropriate location for such a use The location of the heliport in close proximity to the abutting office condominiums, restaurant, tennis club, and gas station raises concerns for safety. 3. A specific proposal for use was not presented to the August 9, 1982 -6- Regular Meeting Willows continued Board, ie., who would use the site and how often Jean E. White, Secretary or types of equipment. SECOND~ by Mr. Trepanier VOTE : Unanimous - motion carries. The meeting adjourned at i0:00 p.m. Frank Serlo, Jr., ~C~a~rman