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HomeMy WebLinkAboutOMNIPOINT COMMUNICATIONS RECEIVED JOYCE BRADSHAW oETNo DT►v�� TOWN CLERK 3a ,. oo oL NORTH ANDOVER p Auc 25 4 35 '97 0 CHUS TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Property: Boston Hill Rd Omnipoint communications Date: 8-25-97 Boston Hill Rd Petition# 024-97 North Andover, MA 01845 Date of Hearing: 8-12-97 The Board of Appeals held a regular meeting on Tuesday evening, August 12, 1997 on the petition of Omnipoint Communications of 705 Miles Standish Blvd. , Taunton MA. Requesting a Special Permit under Section 9, Paragraph for the installation of wireless telephone communication antennas, Table 2 of the Zoning Bylaw. The purpose is to extend the use of a non-conforming structure in the V-R District. The premise is located at Boston Hill Road. Affected is property with frontage on the West side of Boston St., and Boston Hill Road. Members voting : William Sullivan, Walter Soule, Robert Ford, Ellen McIntyre. Upon a motion by Walter Soule, seconded by Robert Ford to Grant the Special Permit as requested according to Section 9, Paragraph 9.2 to install wireless antennas to a non-conforming structure on Boston Hill in the V-R District. The Vote was unanimous. Voting member: William Sullivan, Walter Soule, Robert Ford, and Ellen McIntyre. The hearing was advertised in the Lawrence Tribune on 7.29.97 and 8.4.97, all abutters were notified by regular mail. The Board finds that the applicant has satisfied the provisions of Section 9, Paragraph 9.1 of the Zoning Bylaw and that such change, extension or alteration shall not be substantially more detrimental than the existing non-conforming structure to the neighborhood. BOARD OF APPEALS, William Sullivan, Chairma I Minutes of the Meeting: Zoning Board of Appeals Meeting August 12, 1997 DPW, Osgood Street North Andover, MA 01845 The Board of Appeals had a regular meeting on Tuesday evening August 12, 1997 in the Division of Public Works conference from starting at 7:30 PM. The following members were present, William J. Sullivan, Walter F. Soule, Raymond Vivenzio, Robert Ford, Ellen McIntyre. Absent were: John Pallone, Joseph Faris, and Scott Karpinski. Walter Soule is acting Chairman for the early part of the meeting as Bill Sullivan will join the meeting later in the evening Walter explained the procedure of the hearing to the public assembly. The next petition is under advisement from last month's meeting: Northpoint Realty Dev, 757 Turnpike St. Variance Continued Petition: Representative for Northpoint Realty presented a letter requesting a continuance for 30 more days from August 12th, 1997. The Attorney General has 90 days to make a decision and that time has not yet elapsed, so this,is a minor technicality to allow this to be continued until next month by the Board. A motion was made by Robert Ford and seconded by Walter Soule to be continued until the next scheduled meeting of September 9, 1997. The next three petitions are under continuance from last month's meeting: Thomas Yameen 1401 Great Pond Rd. Variance Continued Petition: A representative for the Yameen's petition was not present, however, a letter (was submitted) for the record, to ask for a continuation. A'motion was made by Raymond 1 - Vivenzio and seconded by Robert Ford, to be continued until the next scheduled meeting of September 9, 1997. DaMe Realty Trust 484 Andover St. Variance Continued Petition: Bill Sullivan is now present, (7:50 PM)and asked if a representative for the DaMe Realty Trust was present. A representative was, and Attorney Caruso spoke. Bill Sullivan explained that at last month's meeting 5 Board members was present to vote on this petition, however, only 4 are present this evening to vote. Attorney Caruso decided to think about what he wanted to do and to let Bill known a few minutes. Bill Sullivan moved onto the next petition in the mean time. (Please note: Attorney Caruso did decide to a continuance for next month's . meeting of September 9th, and submitted a letter on behalf of DaMe Realty Trust stating that they are waiving any time constraints. A motion was made by Raymond Vivenzio and seconded by Robert Ford to continue and the Board agreed to a continuance for that time.) Donald & Jennifer Melson 75 Forest St. Continued Petition: Donald Melson spoke saying that due to the objection of his neighbor (Mrs. Rickards of 97 Forest St.) this is why he is here tonight. He subsequently went back to his architect to modify the design of the addition he wants to build principally out behind.the house, however, he still needs to request a variance for 5 feet in the front to about 8 feet from the rear, which is substantially less than what he requested last month. He showed the plans to the neighbor who fully expressed her concern about the size of the brick patio which he planned to build on the side of the house, that is her (neighbor's) only concern at this point. Mr. Melson wants to be sure to conform to the plans. Mrs. Rickards of 97 Forest St. was present and spoke. She reviewed the plans last night. She stated that she didn't have too much of a problem withtheplans as Tong as there is not a big porch on the side coming over toward her property. Conversation between Mrs. Rickards and Bili Sullivan took place to clarify and explain the set back dimension, and to review the plan. Mrs. Rickards, and Mr. and Mrs. Melson approached the board and a discussion took place between them and the Board. The applicant was asked to submit a new mylar with a new set of plans for the purpose of submitting correctedp lans in accordance with the latest version of the bylaws. 2 Upon co m letion of this discussion the Board agreed that based on the applicants decision to supply the Board with a letter waiving the time limit for the Board to make a decision that a motion was made by Walter Soule, and seconded by Raymond Vivenzio, voted unanimously to continue the matter until the regular meeting on September 9th. The following petitions are original public hearings: New Business: - - John Prentiss Bulger Animal Hosp. 247 Chickering Rd. Variance/Parking/Setback Raymond Vivenzio read the legal notice. John Prentiss spoke on behalf of his petition. He wishes to put on 1100 sq. ft. second story addition. This will not change the footprint of the building who's purpose is used for internal training and education of the staff. It will not expand the client base and will not be used for any other purpose other than internal use. He needs the set back relief in order to bring an egress into the alley, behind the building, which faces the 99's Restaurant parking lot they need to go from 14 feet to 9 feet in order to accommodate that egress. He also needs to address the parking issue, at present he has 32 spots. Over the last 20 years that he has owned the facility he has put on 3 other additions, apparently parking has just slipped away, and now he is deficient in parking and he would like to get the variance taken care of so that he can bring it to a vote. He did a survey for a week to document what his busy time is to determine that he uses 38 parking spots. He could go as high as 58 parking spots. The Board asked for a parking plan, Raymond Vivenzio requested that more specific parking information be put on the plan. Various things were mentioned such as: Bob Nicetta spoke about the application,and asked to identify the parking requirements more specifically to justify the spaces to be used. The stairs are an issue because of the size, Bill Sullivan noted that he would request a letter from the fire Chief regarding the possibility of cutting the stair size down to 9 feet in order to leave more room to access it in case of a fire. The Board agreed that they needed more specific information to be noted on the plans and that a set of plans with more detail should be submitted for next month. A request was made by Bill Sullivan for Mr. Prentiss to meet with the Building Commissioner so as to go over all the details exclusively in order to comply with the requirements. Mention was made by Bill Sullivan that the variance requested should be made according to the bylaws and do the computations and calculations and submit them to the Board by next month. A motion was made by Raymond Vivenzio and seconded by John Pallone, to continue the petition until next month's meeting of September 9th. 3 Power Test Realty Co. 785 Turnpike St. Variance Bill Sullivan asked that Ray and Bob look at the Legal Notice as Bill was not sure if he could hear this petition tonight and wanted their opinions. The Legal Notice was read but a vote was not taken to accept it at this point. On the application section of FN 1.1 (footnote) was typed in instead of typing in reference section 7, 7.1, 7.2, and table 2, etc. Bill was questioning whether this is acceptable under Chapter,40A. Much deliberation was made by the Board and concurred that the FN. 1.1 was a page number, and not a specific variance section number. Because the.Board believed that there was not a specific intent to misrepresent the intention of the variance that a decision was made by the Board to hear the petition under the current Legal Notice. The Board took a vote to see who was in favor of hearing the petition, (only requiring a majority vote) three were in favor, and two (Bill Sullivan, and Ellen McIntyre) were in opposition. The petition washeard. As the Legal Notice was already read the meeting proceeded from here: Attorney Peter J. McQuilan spoke for his client. Seeking a variance for legal setback requirement in that any premises located on #114 require 100 foot setback and from the public way to the proposed locationof'the premises is only 55 feet. He is proposing to erect a canopy 48 feet by 48 feet over the presently existing gas dispensers which are located on the property. The dispensers are only 55 feet off the public way and the ordinance requires 100 feet. This requires a dimensional variance and as you look at the plan the circumstances that affect this property in the location of the dispensers in relation to the public way are certainly unique and he suggested that there are no other properties in the immediate area that share these conditions. He suggested that his is consistent with the intention of the bylaws and that this will promote the convenience of the public, protection from the inclement weather, hopefully it will add esthetics to the existing property and he believes that the variance will not deviate from the intent of the bylaws in its conformity for public convenience, and public welfare, he suggested that his client has satisfied the criteria for variance. The canopy will be a super structure of steel, and Attorney McQuillanpresenteda drawing of the site. The Board reviewed the drawing and discussion was made regarding the lighting. Bob Nicetta discussed that there be no signage onthe canopy to conform with the other canopies in town. it was discussed that the gas station would be a full service gas station and not a self service. It was clearly stated that the erecting of a canopy was the only reason to obtain the variance. Bill Sullivan expressed his concern regarding fire, especially with the canopy and should a condition arise to become a self service station. In this event, the N.A. Fire Chief would like to have some plans before hand. 4 AttorneyMcQuillan assured the Board that right now there is no intention for the he station to become a self service. Correspondence between Bill Sullivan and William Dolan, N.A. Fire Chief was submitted for the record. Bill Sullivan asked for a motion to approve the petition, the motion was made by Robert Fokrd, and seconded by Raymond Vivenzio, to grant a variance as requested in the amount of 45 feet the difference between the 55 foot required setback, versus 100 ft. with the condition that there not be any advertisement signage upon the canopy, to be consistent with the current bylaws. Also, section 7, paragraph 7.3 of the bylaws is noted, and that the Board is treating the application as being 7.3 of the bylaws. The Board voted 4 in favor and 1 (Bill Sullivan) opposed; Voting in favor: WFS/RF/RV/EM. Leonard & Eugenia Mironovich 595 Mass. Ave. Variance The Legal Notice was read and Bill Sullivan asked if anyone was present to speak in favor of the variance. Mr. Stevens spoke as a representative for Mr. and Mrs. Mironovich, who were present. The proposal is to build a 10 ft. by 16 ft. sun room on the back of the house. Both residents teach music in the home, and the private recreation space is currently takenupby activity such as teaching music in the home. Bill Sullivan asked if there was any other place that this addition could be placed because it will leave approximately 4 ft. between this and the setback line. Mr. Stevens replied that not really. Mr. Stevens explained that there is an existing door at the front of the home and this is where the students enter and exit. The Mironovich's want to have some of the existing space kept for their privacy. The location of the house faces Mass. Ave., across from the Baptist Church. Bill Sullivan asked if the two principals would like to speak, and they declined. Bill Sullivan asked if there was any opposition to this petition, there was not. Bill Sullivan discussed the 4 ft. with the Board an discussed that this would violate the zoning quite severely. The Board elected to have another Legal Notice done requesting a Special Permit in time for the September 9th meeting. Ellen McIntyre made a motion to continue this petition until next month, Septa 9th. The motion was seconded by Walter Soule, the vote was unanimous. 5 o�i v Mrs. P. Realty Trust Lot B, Troy Rd. The Legal Notice was read. Bill Sullivan asked if anyone was present to speak for the petition. The attorney representing the petitioner handed out a letter to the Board. The letter outlined that the owner of the piece of property on tot B, Troy Rd. had requested a variance in 1986 which was granted. The property owner died approximately one year later, and the variance was not acted upon. This is a request for the same variance as in 1986 and the plans are identical as this request for a variance in 1997. The request is to break apart apiece of property, and current owners are paying taxes on this land and say that it is a buildable lot all of these years. Bill Sullivan explained that the petitioner is looking for a very large variance such as 6,771 sq. ft. Bill Kurgin; 6 Francis St., Salem, N.H. is one of the owners of the property and came in front of the Board in 1986. He spoke in favor of the petition. Mr. Kurgin is in favor of selling both pieces of the property on Troy Rd. Mr. Kurgin feels that no one in the neighborhood is against this variance. The land is valued at 50,000 and he's been paying the taxes for the past 11 years on this property, he feels that based on the taxes that he's been paying, that there would be a hardship now if the variance isn't granted. Sara Kilkeny a resident of 34 Troy Rd. spoke. Ms.' Kilkeny asked about the numbering of the lots on Troy Rd. She questioned if the request was for only a single family home and not a two family. The conditions state that the last time the variance was granted in 1986, it was for a single family home only. Bill Sullivan explained that nothing has been determined regarding this current petition, or what, if any, conditions need to be met regardingsame. The Board discussed the size of the variance requested and the fact that this would be putting two non- conforming lots together, and the fact that the variance in 1986 was not exercised. The Board agreed to meet at the lot and take a look at the lot. Bill Sullivan asked if anyone- else wished to speak, there was no response. The Board voted to take this under advisement. This motion was made by Raymond Vivenzio, and seconded by Walter Soule, vote was unanimous. Merrimack College 315 Turnpike St. The Legal Notice was read. This is a request for a height variance for relief of 40 ft., 5 inches, 44 ft., 5 inches, and 51 ft., 7 inches. Bill Sullivan asked if anyone was present to represent the petitioner. John Hollywood, a'principal, & an architect, spoke on behalf of Merrimack College. Mr. Hollywood made his presentation based on a drawing and explanation that a height variance was requested to build a 3 story residential building on the grounds of the college, (for the record). Discussion with the Board and the principals representing the college took place in accordance with the request for the variance. Upon a motion made by Raymond Vivenzio, seconded by Walter Soule, to grant a variance (height) from Section 7, paragraph 4, Table 2, for height dimension 6 ��3 of 40 ft., 5 inches; 44 ft. 5 inches; and 51' ft. 6 inches, for the construction of a resident dormitory on the campus of Merrimack College. Voting in favor was unanimous. WJS/WFS/RV/RF/EM. Timothy Giard 60 Saunders St. The Leal Notice was read. This is a request for variance and special permit. The petitioner is requesting relief from a lot dimension of 6729 sq. ft.; street frontage relief of 55 ft., front setback relief of 28 ft., and side setbacks of 3.7 ft., 4.7 ft., and 4.9 ft. Bill Sullivan asked if anyone was present to represent the petitioner. Timothy Giard, 60 Saunders St. spoke. He explained that he wants the variance and special permit to allow him to extend out the existing porch on the back, to give him another bedroom, bathroom, and another room off the side. Bill asked if anyone-else was present to speak on behalf of the petition. Mr. Carl Langlois, 66 Saunders St. spoke on behalf of the petitioner. Discussion took place between Mr. Giard and the Board regarding the foundation already existing on the structure. Because this is a 3 family dwelling, Bill Sullivan asked how many parking spaces were already in place. There are 3 parking spaces in front of Mr. Giard's residence. Off-street parking is available during the winter months, (because the houses on Saunders St., are so old, there are no parking spaces available unless off-street parking is made available.) Directly across the street, in the Spitalare home, there are 6 or 8 spaces. Mr. Giard has 3 of those spaces for off site parking. Walter Soule addressed that because 6 spaces are needed to accommodate Mr. Giard's parking problem, what would happen if Mr. Spitalare should decide to take back the 3 parking spaces, as there is no other land or space available on Mr. Giard's property to accommodate the 3 additional parking spaces needed. Consideration needs to be made regarding the 3 spaces across the street from Mr. Giard as discussed by the Board. A motion was made to grant the request for the variance and special permit. The conditions are that Mr. Giard comply with the Massa Building Code in regards to the foundation and self structure for the addition. And the condition be met regarding the addition that is being added is exactly what is submitted on the plans. Mr. Giard stated that the only change may occur in the angle of the roof. Bill Sullivan advised that Mr. Giard get the possible change in front of the Board before anything is signed off. Walter Soule stated that the condition for the variances be granted are to comply with the Mass. Building Code and North Andover's building inspector's building requirements code. Upon a motion made by Walter Soule, seconded by Raymond Vivenzio, the'motion was granted for a variance and from relief of lot dimension of 5729 sq. ft., street frontage of 55 ft., front setback relief of 28 ft., and side setback of 3.7 ft., and 4.7 ft., and 4.9 ft, with the condition that the petitioner comply with the Mass. Building Code. A motion is also to grant a special permit under section 9, paragraph 9.2 of table 2 for addition to a non-conforming, preexisting structure. Vote was unanimous: WJS/WFS/RV/RF/EM. 7 d Laura Medolo 161-162 Jetwood St. The Legal Notice was read. Bill Sullivan asked if anyone was present to represent the petitioner. Roxanne Camole of 167 Barker St., spoke representing Laura Medolo. This is a request for a variance for a lot area. The petitioner wishes to build a single family dwelling on 10,000 sq. ft. The Mangano's own the property down the street, the daughter (Laura Medolo) was left the property, this daughter built a house here and it was separated and sold the one house and parcel of land it was on. The second parcel wasn't grandfathered because of a legal technicality. There are several lots in the area that are 7500 sq, ft, 04 1,000 sq. ft., and we hope that the Board will take this into consideration. Bill Sullivan asked if this is presently and open lot, and is it presently one lot of land or two plots of land. Roxanne believes that it is two separate lots but it's combined as one. Roxanne believes that it is legally one lot, petitioner pays taxes on one lot, she believes. The Board discussed a bylaw which states that the petitioner's lot was lawfully laid out and duly recorded by a pian or deed by January 9, 1957, and the building inspector shall permit the construction of a one single family dwelling etc. The petitioner needs to show the Board that these were lots laid out prior to 1957. Bill Sullivan proceeded to explain to Roxanne what this particular bylaw means, so she now realizes that she needs to pick up the plot plan, from the Registry of Deeds. Once the proof is provided by the petitioner, then the Board can make a decision. Also, bring a copy of the deed for the two lots and a copy of the tax bill for the two lots. The purpose of this request is to ensure that this is only one lot. A motion was made by Raymond Vivenzio and seconded by Walter Soule to continue this until next month's meeting, motion was seconded, unanimous. WJF/WFS/RV/RF/RM. (Raymond Vivenzio removed himself from hearing this petition, as he had a conflict of interest.) Omnipoint Communications Boston Hill Rd. The Legal Notice was read. Bill Sullivan discussed with the representative of Omnipoint that there are only Board members present. Omnipoint agreed to proceed with 4 Board members. This request is for telephone communication antennas. Bill Sullivan turned over the meeting to Waiter Soule as Walter had an issue with the configuration of the building figured by square footage. Domenic Scalise addressed the Board on behalf of Omnipoint. Atty. Scalise presented a booklet to the Board. Omnipoint is licensed by the FCC to construct and erect these types of personal communication systems. They are looking to set up 4 antennas on the existing tower owned by Mr. Farnum. The antennas are 4 1/2 ft. high, and 8.7 inches wide. They are self contained, hang on a metal frame and are mounted individually. The total area is about 13 1/2 sq. ft. of actual area. Afty. Scalise laid out some background relative to the Tower as it was approved in 1957, MIT and MITA Corp. was involved in the actual 8 tans. Over the ears a Special Permit mit wase issued in 1982 to Mr. F r Y p a num top lace antennas and dishes on the Tower, not to exceed a height of 140 ft. Over the years permits were issued: in 1984 a Special Permit was issued WNEV TV and to NYNEX and most recently the most definitive permit was issued on 1997 to Sprint Corp. granting the right to attach antennas to the outside of the Tower etc. Atty. Scalise is requesting the ability to attach the outside antennas and put a small room on the 4th floor that will house a cabinet with equipment, which will operate the antennas. This request will specify the alteration and extension of a non conforming use. There are certain requirements under Section 9 that the Board is aware of. There is no change in the lot size and no change in the structure and no change in the 25 percent rule. Atty. Scalise brought members from Omnipoint to answer any questions. Walter Soule spoke of one basic question, referring to the dimensions of the tower. The Tower footprint is 36 by 36 and somehow on the plan it appears in several places, an error has been made in computing the square footage correctly. Because of the computation error, the Tower appears to be approximately 1,0 feet shorter than the actual height. This error needs to be corrected for the record. It was agreed and requested that a new set of pians be submitted with a consistent set of drawings that are correct relative to the math computation. The corrected plans need to be brought to the office before the decision becomes finalized. The members of Omnipoint agreed to submit the plans within a week. The decision will be written after reviewing the plans. Walter Soule made a motioned seconded by Robert Ford to grant the Special Permit according to Section 9, 9.1, 9.2 and 9.4 subject to the plans being presented within 2 weeks. Vote was unanimous, WJS/WFS/RF/EM. Bill Sullivan made a motion to adjourn the meeting at approximately 10:OOPM, and seconded by Robert Ford, vote was unanimous. mUAUGMIN l: 9 RECEIVED JOYCE BRADSHAW t �iORTF/ {OWN OLER 1 c?°.*t``°'�.�"oo� NORTH ANDOVER Auc 25 4 35 PM '97 • 2 eyn �,SSACMUS TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Property: Boston Hill Rd Omnipoint Communications Date: 8-25-97 Boston Hill Rd Petition# : 024-97 North Andover, MA 01845 Date of Hearing: 8-12-97 The Board of Appeals held a regular meeting on Tuesday evening, August 12, 1997 on the petition of Omnipoint Communications of 705 Miles Standish Blvd. , Taunton MA. Requesting a Special Permit under Section 9, Paragraph for the installation of wireless telephone communication antennas, Table 2 of the Zoning Bylaw. The purpose is to extend the use of a non-conforming structure in the V-R District. The premise is located at Boston Hill Road. Affected is property with frontage on the West side of Boston St., and Boston Hill Road. Members voting : William Sullivan, Walter Soule, Robert Ford, Ellen McIntyre. Upon a motion by Walter Soule, seconded by Robert Ford to Grant the Special Permit as requested according to Section 9, Paragraph 9.2 to install wireless antennas to a non-conforming structure on Boston Hill in the V-R District. The vote was unanimous. Voting member: William Sullivan, Walter Soule, Robert Ford, and Ellen McIntyre. The hearing was advertised in the Lawrence Tribune on 7.29.97 and 8.4.97, all abutters were notified by regular mail. The Board finds that the applicant has satisfied the provisions of Section 9, Paragraph 9.1 of the Zoning Bylaw and that such change, extension or alteration shall not be substantially more detrimental than the existing non-conforming structure to the neighborhood. BOARD OF APPEALS, William Sullivan, Chairma i HT1 1 1, 1 Minutes of the Meeting: Zoning Board of Appeals Meeting August 12, 1997 DPW, Osgood Street North Andover, MA 01$45` The Board of Appeals had a regular meeting on Tuesday evening August 12, 1997 in the Division of Public Works conference from starting of 7:30 PM. The following members were present, William J. Sullivan, Walter F. Soule, Raymond Vivenzio, Robert Ford, Ellen McIntyre. Absent were: John Pal'lone, Joseph Faris, and Scott Karpinski. Walter Soule is acting Chairman for the early part of the meeting as Bill Sullivan will join the meeting later in the evening. Walter explained the procedure of the hearing to the public assembly. The next petition is under advisement from last month's meeting: Northpoint Realty Dev, 757 Turnpike St. Variance Continued Petition: Representative for Northpoint Realty presented a letter requesting a continuance for 30 more days from August 12th, 1997. The Attorney General has 90 days to make a decision and that time has not yet elapsed, so this is a minor technicality to allow this to be continued until next month by the Board. A motion was made by Robert Ford and seconded by Walter Soule to be continued until the next scheduled meeting of September 9, 1997. The next three petitions are under continuance from last month's meeting: Thomas Yameen 1401 Great Pond Rd. Variance Continued Petition: A representative for the Yameen's petition was not present, however, a Letter (was submitted) for the record, to ask for a continuation. A motion was made by Raymond 1 ;k,r Vivenzio and seconded by Robert Ford, to be continued until the next scheduled meeting of September 9, 1997. DaMe Realty Trust 484 Andover St. Variance Continued Petition: Bill Sullivan is now present, (7:50 PM) and asked if a representative for the DaMe Realty Trust was present. A representative was, and Attorney Caruso spoke. Bill Sullivan explained that at last month's meeting 5 Board members was present to vote on this petition, however, only 4 are present this evening to vote. Attorney Caruso decided to think about what he wanted to do and to let Bill known a few minutes. Bill Sullivan moved onto the next petition in the mean time. (Please note: Attorney Caruso diddecide to a continuance for next month's meeting of September 9th, and submitted a letter on behalf of DaMe Realty Trust stating that they are waiving any time constraints. A motion was made by Raymond Vivenzio and seconded`by Robert Ford to continue and the Board agreed to a continuance for that time.) Donald & Jennifer Melson 75 Forest St. Continued Petition: Donald Melson spoke saying that due to the objection of his neighbor (Mrs. Rickards of 97 Forest St.) this is why he is here tonight. He subsequently went back to his architect to modify the design of the addition he wants to build principally out behind the house, however, he still needs to request a variance for 5 feet in the front to about 8 feet from the rear, which is substantially less than what he requested last month. He showed the plans to the neighbor who fully expressed her concern about the size of the brick patio which he planned to build on the side of the house, that is her (neighbor's) only concern at this point. Mr. Melson wants to be sure to conform to the plans. Mrs. Rickards of 97 Forest St. was present and spoke. She reviewed the plans last night. She stated that she didn't have too much of a problem with the plans as long as - there is not a big porch on the side coming over toward her property. Conversation between Mrs. Rickards and Bill Sullivan took place to clarify and explain the set back dimension, and to review the plan. Mrs. Rickards, and Mr. and Mrs. Melson approached the board and a discussion took place between them and the Board. The applicant was asked to submit a new mylar with a-new set of plans for the purpose of submitting corrected plans in accordance with the latest version of the bylaws. 2 Upon completion of this discussion, the Board agreed that based on the applicants decision to supply the Board with a letter waiving the time limit for the Board to make a decision that a motion was made by Walter Soule, and seconded by Raymond Vivenzio, voted unanimously to continue the matter until the regular meeting on September 9th. The following petitions are original public hearings: New Business: John Prentiss Bulger Animal Hosp. 247 Chickering Rd. Variance/Parking/Setback Raymond Vivenzio read the legal notice. John Prentiss spoke on behalf of his petition. He wishes to put on 1100 sq. ft. second story addition. This will not change the footprint of the building who's purpose is used for internal training and education of the staff. It will not expand the client base and will not be used for any other purpose other than internal use. He needs the set back relief in order to bring an egress into the alley, behind the building, which faces the 99's Restaurant parking lot they need to go from 14 feet to 9 feet in order to accommodate that egress. He also needs to address the parking issue, at present he has 32 spots. Over the last 20 years that he has owned the facility he has put on 3 other additions, apparently parking has just slipped away, and now he is deficient in parking and he would like to get the variance taken care of so that he can bring it to a vote. He did a survey for a week to document what his busy time is to determine that he uses 38 parking spots. He could go as high as 58 parking spots. The Board asked for a parking plan, Raymond Vivenzio requested that more specific parking information be put on the plan. Various things were mentioned such as: Bob Nicetta spoke about the application, and asked to identifythe parking requirements more specifically to justify the spaces to be used. The stairs are an issue because of the size, Bill Sullivan noted that he would request a letter from the fire Chief regarding the possibility of cutting the stair size down to 9 feet in order to leave more room to access it in case of a fire. The Board agreed that they needed more specific information to be noted on the plans and that a set of plans with more detail should be submitted for next month. Arequest was made by Bill Sullivan for Mr. Prentiss to meet with the Building Commissioner so as to go over all the details exclusively in order to comply with the requirements. Mention was made by Bill Sullivan that the variance requested should be made according to the bylaws and do the computations and calculations and submit them to the Board by next month. A motion was made by Raymond Vivenzio and seconded by John Pallone, to continue the petition until next month's meeting of September 9th. 3 Power Test Realty Co. 785 Turnpike St. Variance Bill Sullivan asked that Ray and Bob look at the Legal Notice as Bill was not sure if he could hear this petition tonight and wanted theiropinions. The Legal Notice was read but a vote was not taken to accept it at this point. On the application section of FN 1.1 (footnote) was typed in instead of typing in reference section 7, 7.1, 7.2, and table 2, etc. Bill was questioning whether this is acceptable under Chapter 40A. Much deliberation was made by the Board and concurred that the FN. 1.1 was a page number, and not a specific variance section number. Because the Board believed that there was not a specific intent to misrepresent the intention of the variance that a decision was made by the Board to hear the petition under the current Legal Notice. The Board took a vote to see who was in favor of hearing the petition, (only requiring a majority vote) three were in favor, and two (Bill Sullivan, and Ellen McIntyre) were in opposition. The petition was heard. As the Legal Notice was already read the meeting proceeded from here: Attorney Peter J. McQuilan spoke for his client. Seeking a variance for a legal setback requirement in that any premises located on #114 require 100 foot setback and from the public way to the proposed location of the premises is only 55 feet. He is proposing to erect a canopy 48 feet by 48 feet over the presently existing gas dispensers which are located on the property. The dispensers are only 55 feet off the public way and the ordinance requires 100 feet. This requires a dimensional variance and as you look at the plan the circumstances that affect this property in the location of the dispensers in relation to the public way are certainly unique and he suggested that there are no other properties in the immediate area that share these conditions. He suggested that his is consistent with the intention of the bylaws and that this will promote the convenience of the public, protection from the inclement weather, hopefully it will add esthetics to the existing property and he believes that the variance will not deviate from the intent of the bylaws in its conformity for public convenience, and public welfare, he suggested that his client has satisfied the criteria for variance. The canopy will be a super structure of steel, and Attorney McQuillan`presented a drawing of the site. The Board reviewed the drawing and discussion was made regarding the lighting.' Bob Nicetta discussed that there be no signage on.the canopy to conform with the other canopies in town. It was discussed that the gas station would be a full service gas station and not a self service. It was clearly stated that the erecting of a canopy was the only reason to obtain the variance. Bill Sullivan expressed his concern regarding fire, especially with the canopy and should a condition arise to become a self service station. In this event, the N.A. Fire Chief would like to have some plans before hand. 4 Attorney McQuillan assured the Board that right now there is no intention for the station to become a self service. Correspondence between Bill Sullivan and William Dolan, N.A. Fire Chief was submitted for the record. Bill Sullivan asked for a motion to approve the petition, the motion was made by Robert Fokrd, and seconded by Raymond Vivenzio, to grant a variance as requested in the amount of 45 feet the difference between the 55 foot required setback, versus 100 ft. with the condition that there not be any advertisement signage upon the canopy, to be, consistent with the current bylaws. Also, section 7, paragraph 7.3 of the bylaws is noted, and that the Board is treating the application as being 7.3 of the bylaws. The Board voted 4 in favor and 1 (Bill Sullivan) opposed. Voting in favor: WFS/RF/RV/EM. Leonard & Eugenia Mironovich 595 Mass. Ave. Variance The Legal Notice was read and Bill Sullivan asked if anyone was present to speak in favor of the variance. Mr. Stevens spoke as a representative for Mr. and Mrs. Mironovich, who were present. The proposal is to build a 10 ft. by 16 ft. sun room on the back of the house. Both residents teach music in the home, and the private recreation space is currently taken up by activity such as teaching music in the home. Bill Sullivan asked if there was any other place that this addition could be placed because it will leave approximately 4 ft. between this and the setback line. Mr. Stevens replied that not really. Mr. Stevens explained that there is an existing door at the front of the home and this is where the students enter and exit. The Mironovich's want to have some of the existing space kept for their privacy. The location of the house faces Mass. Ave., across from the Baptist Church. Bill Sullivan asked if the two principals would like to speak, and they declined. Bill Sullivan asked if there was any opposition to this petition, there was not. Bill Sullivan discussed the 4 ft. with the Board an discussed that this would violate the zoning quite severely. The Board elected to have another Legal Notice done requesting a Special Permit in time for the September 9th meeting. Ellen McIntyre made a motion to continue this petition until next month,Sept. 9th. The motion was seconded by Walter Soule, the vote was unanimous. 5 I �i� Mrs. P. Realty Trust Lot B, Troy Rd. The Legal Notice was read. Bill Sullivan asked if anyone was.present to speak for the petition. The attorney representing the petitioner handed out a letter to the Board. The letter outlined that the owner of the piece of property on Lot B, Troy Rd. had requested a variance in 1986 which was granted. The property owner died approximately one year later, and the variance was not acted upon. This is a request for the same variance as in 1986 and the plans are identical as this request for a variance in 1997. The request is to break apart a piece of property, and current owners are paying taxes on this land and say that it is a buildable lot all of these years. Bill Sullivan explained that the petitioner is looking for a very large variance such as 6,771 sq. ft. Bill Kurgin, 6 Francis St., Salem, N.H. is one of the owners of the property and came in front of the Board in 1986. He spoke in favor of the petition. Mr. Kurgin is in favor of selling both pieces of the property on Troy Rd: Mr. Kurgin feels that no one in the neighborhood is against this variance. The land is valued at 50,000 and he's been paying the taxes for the past 11 years on this property; he feels that based on the taxes that he's been paying, that there would be a hardship now if the variance isn't granted. Sara Kilkeny a resident of 34 Troy Rd. spoke. Ms. Kilkeny asked about the numbering of the lots on Troy Rd. She questioned if the request was for only a single family home and not a two family. The conditions state that the last time the variance was granted in 1986, it was for a single family home only. Bill Sullivan explained that nothing has been determined regarding this current petition, or what, if any, conditions need to be met regarding same. The Board discussed the size of the variance requested and the fact that this would be putting two non- conforming lots together, and the fact that the variance in 1986 was not exercised. The Board agreed to meet at the lot and take a look at the lot. Bill Sullivan asked if anyone- else wished to speak, there was no response. The Board voted to take this under advisement. This motion was made by Raymond Vivenzio, and seconded by Walter Soule, vote was unanimous. Merrimack College 315 Turnpike St. The Legal Notice was read. This is a request for a height variance for relief of 40 ft., 5 inches, 44 ft., 5 inches, and 51 ft., 7 inches. Bill Sullivan asked if anyone was present to represent the petitioner. John Hollywood, a principal, & an architect, spoke on behalf of Merrimack College. Mr. Hollywood made his presentation based on a drawing and explanation that a height variance was requested to build a 3 story residential building on the grounds of the college, (for the record). Discussion with the Board and the principals representing the college took place in accordance with the request for the variance. Upon a motion made by Raymond Vivenzio, seconded by Walter Soule, to grant a variance (height) from Section 7, paragraph 4, Table 2, for height dimension 6 of 40 ft., 5 inches; 44 ft. 5 inches; and 51' ft. 6 inches,for the construction of a resident dormitory on the campus of Merrimack College. Voting in favor was unanimous. WJS/WFS/RV/RF/EM. Timothy Giard 60 Saunders St. The Legal Notice was read. This is a request fora variance and special permit. The petitioner is requesting relief from a lot dimension of 5729 sq. ft. street frontage relief of 55 ft., front setback relief of 28 ft., and side setbacks of 3.7 ft., 4.7 ft., and 4.9 ft. Bill Sullivan asked if anyone was present to represent the petitioner. Timothy Giard; 60 Saunders St. spoke. He explained that he wants the variance and special permit to allow him to extend out the existing porch on the back, to give him another bedroom, bathroom, and another room off the side. Bill asked if anyone4se was present to speak on behalf of the petition. Mr. Carl Langlois, 66 Saunders St. spoke on behalf of the petitioner. Discussion took place between Mr. Giard and the Board regarding the foundation already existing on the structure. Because this is a 3 family dwelling, Bill Sullivan asked how many parking spaces were already in place. There are 3 parking spaces in front of Mr. Giard's residence. Off-street parking is available during the winter months, (because the houses on Saunders St., are so old, there are no parking spaces available unless off-street parking is made available.) Directly across the street, in the Spitalare home, there are 6 or 8 spaces. Mr. Giard has 3 of those spaces for off site parking. Walter Soule addressed that because 6 spaces are neededto accommodate Mr. Giard's parking problem, what would happen if Mr. Spitalare should decide to take back the 3 parking spaces, as there is no other land or space available on Mr. Giard's property to accommodate the 3 additional parking spaces needed. Consideration needs to be made regarding the 3 spaces across the street from Mr. Giard as discussed by the Board. A motion was made to grant the request for the variance and special permit. The conditions are that Mr. Giard comply with the Mass. Building Code in regards to the foundation and self structure for the addition. And the condition be met regarding the addition that is being added is exactly what is submitted on the plans. Mr. Giard stated that the only change may occur in the angle of the roof. Bill Sullivan advised that Mr. Giard get the possible change in front of the Board before anything is signed off. Walter Soule stated that the condition for the variances be granted are to comply with the Mass. Building Code and North Andover's building inspector's building requirements code. Upon a motion made by Waiter Soule, seconded by Raymond Vivenzio, the motion was granted for variance and from relief of lot dimension of 5729 sq. ft., street frontage of 55 ft., front setback relief of 28 ft., and side setback of 3.7 ft., and 4.7 ft., and 4.9 ft. with the condition that the petitioner comply with the Mass. Building Code. A motion is also to grant a special permit under section 9, paragraph 9.2 of table 2 for addition to a non-conforming, preexisting structure. Vote was unanimous: WJS/WFS/RV/RF/EM. 7 044 f i Laura Medolo 161-162 Jetwood St. The Legal Notice was read. Bill Sullivan asked if anyone was present to represent the petitioner. Roxanne Camole of 167 Barker St., spoke representing Laura Medolo. This is a request for a variance for a lot area. The petitioner wishes to build a single family dwelling on 10,000 sq. ft. The Mangano's own the property down the street, the daughter (Laura Medolo) was left the property, this daughter built a house here and it was separated and sold the one house and parcel of land it was on. The second parcel wasn't grandfathered because of a legal technicality. There are several lots in the area that are 7500 sq, ft, 04 1,000 sq. ft., and we hope that the Board will take this into consideration. Bill Sullivan asked if this is presently and open lot, and is it presently one lot of land or two plots of land. Roxanne believes that it is two separate lots but it's combined as one. Roxanne believes that it is legally one lot, petitioner pays taxes on one lot, she believes. The Board discussed a bylaw which states that the petitioner's lot was lawfully laid out and duly recorded by a plan or deed by January 9, 1957, and the building inspector shall permit the construction of a one single family dwelling etc. The petitioner needs to show the Board that these were lots laid out prior to 1957. Bill Sullivan proceeded to explain to Roxanne what this particular bylaw means, so she now realizes that she needs to pick up the plot plan, from the Registry of Deeds. Once the proof is provided by the petitioner,then the Board can make a decision. Also, bring a copy of the deed for the two lots and a copy of the tax bill for the two lots. The purpose of this request is to ensure that this is only one lot. A motion was made by Raymond Vivenziv and seconded by Walter Soule to continue this until next month's meeting, motion was seconded, unanimous. WJF/WFS/RV/RF/RM. (Raymond Vivenzio removed himself from hearing this petition, as he had a conflict of interest.) Omnipoint Communications Boston Hill Rd. ` The Legal Notice was read. Bill Sullivan discussed with the representative of Omnipoint that there are only 4 Board members present. Omnipoint agreed to proceed with 4 Board members. This request is for telephone communication antennas. Bill Sullivan turned over the meeting to Walter Soule as Walter had an issue with the configuration of the building figured by square footage. Domenic Scalise addressed the Board on behalf of Omnipoint. Atty. Scalise presented a booklet to the Board. Omnipoint is licensed by the FCC to construct and erect these types of personal communication systems. They are looking to set up 4 antennas on the existing tower owned by Mr. Farnum. The antennas are 4 1/2 ft. high, and 8.7 inches wide. They are self contained, hang on a metal frame and are mountedindividually. The total area is about 13 1/2 sq. ft. of actual area. Atty. Scalise laid out some background relative to the Tower as it was approved in 1957, MIT and MITA Corp. was involved in the actual I $ '" plans. Over the years a Special Permit was issued in 1982 to Mr. Farnum top lace antennas and dishes on the Tower, notto exceed.a height e ght of 140 ft. Over the years permits were issued: in 1984 a Special Permit was issued WNEV TV and to NYNEX and most recently the most definitive permit was issued on 1997 to Sprint Corp. granting the right to attach antennas to the outside of the Tower etc. Atty. Scalise is requesting the ability to attach the outside antennas and put a small room on the 4th floor that will house a cabinet with equipment, which will operate the antennas. This request will specify the alteration and extension of a non conforming use. There are certain requirements under Section 9 that the Board is aware of. There is no change in the lot size and no change in the structure and no change in the 25 percent rule. Atty. Scalise brought members from Omnipoint to answer any questions. Walter Soule spoke of one basic question, referring to the dimensions of the tower. The Tower footprint is 36 by 36 and somehow on the plan it appears in several places, an error has been made in computing the square footage correctly. Because of the computation error, the Tower appears to be approximately 10 feet shorter than the actual height. This error needs to be corrected for the record. It was agreed and requested that a new set of plans be submitted with a consistent set of drawings that are correct relative to the math computation. The corrected plans need to be brought to the office before the decision becomes finalized. The members of Omnipoint agreed to submit the plans within a week. The decision will be written after reviewing the plans. Walter Soule made a motioned seconded by Robert Ford to grant the Special Permit according to Section 9, 9.1, 9.2 and 9.4 subject to the plans being presented within 2 weeks. Vote was unanimous, WJS/WFS/RF/EM. Bill Sullivan made a motion to adjourn the meeting at approximately 10:OOPM, and seconded by Robert Ford, vote was unanimous. mUAUGMIN i 9