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HomeMy WebLinkAbout1989-02-14The Board of Appeals held a regular meeting on February 14, 1989 in the Selectmen's Meeting Room and the following members were present and voting: Frank Serio, Jr., Chairman, Alfred Frizelle, Vice-chairman, Augustine Nickerson, Clerk, William Sullivan Walter Soule, Anna O'Connor and Louis Rissin. The meeting opened at 7:35 p.m. and Mr. Serio asked Houston Builders about whether they needed a permit from the NACC and if so, did they want to continue their hearing to the next meeting. They stated no, that they were waiting for the engineer and would speak to him about it when he arrived. PUBLIC HEARING Wreath School Party Aggreived - Lot 3, Sullivan St Legal notice read by Mr. Nickerson, Clerk. Attorney Sullivan substituted for Attorney Coleman. He asked the Board to refer to the packet that was presented to them. He claims it is a "non-profit" school and read Section 5 of the packet to the Board.(40.3A), also Exhibit #3, MA code 424-1. (See file) Because of the crowd at the meeting, Mr. Serio asked the people not interested in the Wreath School to wait in the hall so that the people in the hall could come into the room and hear the petition. Mr. Serio asked what the exact number of children would be, and was told nine (9) with a maximum of twelve (12). Discussion on the definition of "special learning" experiences and the petitioner stated that it consists of heldping children with dxylexia, or children that can recognize written but not oral instructions. The attorney went through all of the Exhibits in the packet, then provided the Board with additional information about a new Court case(401-MASS-12). He reviewed this with the Board and also the other cases in the packet. According to the attorney, the Building Inspector should give them a permit. Mr. Frizelle asked if this is a residence or an educational facility. The attorney for the petition asked the Board to see the Mt. Herman case and he read it to the Board. Mr. Frizelle asked if the people live on the premises and the attorney stated yes, and stated two (2) cases of this nature. Mr. Frizelle asked if these petitions denied in total or only part of them denied, and the attorney stated that the ZBA denied the petitions completely, in both cases and the petitioner went to court on these. Mr. Serio asked if the children involved were retarded children, and they are not, they are abused children that are taken and many are above average or average. Mr. Serio asked where the children came from and what ages they would be, and the attorney informed the Board that they are taken from homes by the State and would range in age from 12 to 15, none older. Mr. Nickerson asked why the school was leaving Middleton and was informed that they are not leaving Middleton, just want to expand. Mr. Frizelle stated that the petitioner is coming to the Board and asking for 43A, Section 3. The petitioner said that the letter from the Building Inspector says Section 3 and 16, that he is denying and the section of the ZBA bylaw that claims we were going to use the house as a rooming house. Mr. Frizelle stressed that a non-profit school is allowed in District 1,2 and 3 but more than four (4) people is a rooming house and you would have more than 4. The organization is governed by the State and would be licensed by the Building Code Commission. The State Department of Education states all of the laws, regulate the number of children by the square foot of the building. The most in this home would be 12. The school will operate in Middleton as well as North Andover. Mr.~Frizelle stressed that the school is not limited just the building and number of students. The Board asked how many children would be in one room. Mr. Frizelle stated that the Board has to see the building and all of the proposed changes to that building and a plot plan in order to make a clear decision, as we do not have anything to look at right now. Attorney for the petiioner said he thinks that the only decision that the Board is asked to make, is to overturn the decision of the Building Inspector. Think that the only thing to decide is whether this is a going to be a rooming house or not. Page 2 Wreath School - con'd Mr. Soule stated that we feels we should have plans to look at before any decision is made. The attorney for the petitioner asked to continue the hearing for one month so that they can present plans to the Board. Mr. Serio asked to hear from anyone in the audience that had anything to say and then we could continue it to the next meeting and will try to get the Senior Center for the next meeting. No one spoke in favor of the petition. Letter from Building Inspector to Michael Grsf and reply read to the Board(see file) and letter to Board from Building Inspector read to the Board. The following people spoke in opposition to this petition; Walter Hoyt stated that his house is 30' from there and he showed pictures to the Board. It is a private way and not accepted because it is too narrow a street. There is only a half cellar in the house and only have wooden stairs. There is a wall on the side of 8' and about a 15' drop to solid rock. Only 142' frontage and another septic tank could not be put in back because of clay soil. Took a ride to the Middleton School and they had 20 cars in front and about 20 cars near the school. Some of the neighbors feel that this is a form of reform school and do not think they could get used to have it in the neighborhood. B. Vaughn of Boston St. Question about the Dept. of Youth Services are how the children are referred to the school. The Shirley School is closed down and there are not longer facilities to house these children so they are creating this type of house. The neigh- bors are afraid of this type of school in the area. The attorney for the petitioner stated that the Dept. of Social Services is the one that they do business with. Some of the students could come from homes that do have drugs in the house. There is always someone on duty around the clock and they are involved in group meetings, working in the house, and other activities to keep the children busy and involved. Some of the kids are allowed home for a few hours on week- ends or for an entire weekend. Mr. Vaughn said that he feels that the value of the property in that area would go down if th~s school were allowed. Petitioner stated that they own the property and would take care of it themselves. Mr. Serio asked if the children's age could be raised from 15, and the attorney said no, unless they turn that age while they are with us. B. Shea stated that they have been there 20 years and have been to the Police Department recently about the speeding on the road, ere and she feels that she does not want them in the area, she does not think it is right for a residential area. Jean Able asked about the staff and if they are real teachers? The attorney stated yes, and the students would be educated in Middleton. The teachers are Special Education certified and social certified. Mr. Rissin asked how many travel from the house to the school and the attorney said they have a mini-van and it is used for only one trip there and back. Mr. Serio asked how big the lot was and where the students would play. The attorney stated that they have two (2) acres in Middleton and lots of room to play on. A. Rossi of Sullivan St. stressed that they could not have a baseball field on Sullivan St. because of lack of room. Mr. Vaughn asked how far Sullivan St. is from the school, and the attorney said seven(7) miles. Mr. Vaughn asked why, if they have two acres in M±ddleton, don't they attempt to buy more land there. Their attorney said that they have tried to purchase a house about five (5) houses away from the Wreath School but there wasn't enough area for the septic system because of wetlands. It would cost about half a millon dollars to build and it is a lot cheaper to buy something that is already built. Mr. Vaughn asked why they could not use protable classrooms and was told that the State according to the State they can not use aluminum buildings on the property. The build- ing that they wanted to build would cost a lot of money. Ms. Rossi (Lucille) of Sullivan St. said that the house has been for sale for two(2) years and should not be used for a school. Mr. Rulo asked if this was a school or a dormitory, and if the ZBA was a judicial board. Mr. Serio and Mr. Frizelle stated that we are trying to find that out now. Wreath School - con'd Page 3 Mr. Bond, Boston St. asked if there are other zones in the Town where this could be allowed? Mr. S. Solomon asked if this is a satellite of the facilities in Middleton and if you could have this type of school in any area of Town, and was told that every zone in Town allows this use. Building Inspector, Robert Nicetta stated that he did not know how they can present this as a non-profit school, and then drive the students to a school in Middleton and have them only live in the house. The children are being driven out of North Andover for their education and they are just in North Andover to sleep. The attorney stated that this is not just math, reading and writing, but they teach the children to handle life. Mr. Frizelie stressed that the parking problems should be addressed at the next meeting and where the school bus would be parked, question of the building size and how and where the children would be housed. Topographic plan of the land and how this would be changed, how the children would be restrained on this size of lot and the type of students, what type of therapy so we can understand what the school consists of. The Police and Fire Department must be involved in this decision and need plans, etc in order to give their imput on this petition. The Board thought that the school would be at the same site as the lodging. The Board wants to know just what is goind to happen, and feel the petitioner will have to sell this idea to the people and educate them about the situation. K. Willis asked what the children do in the summertime? They are in school until August and they can have a two-week vacation, they have an eleven(il) month school year. Mr. Nickerson asked if the parents come to visit the kids and he was told yes and that Social Services work with the families and when they feel it is alright they allow the families to visit the student. Each child has a case worker. Mr. Nickerson asked if any of the students has been moved to more restricted homes and the attorney said , none of the students that they have had. Mr. Nickerson asked how they can house 9-12 kids on this small lot. Mr. Serio asked if they had any figures about these kids running away from home, and was told yes. He mentioned that the Harold Parker Forest Park is accross the street and if they run away what would happen? Upon a motion made by Mr. Frizelle and seconded by Mr. Soule, the Board voted, unanimously to CONTINUE THIS HEARING TO OUR NEXT MEETING - MARCH 14, 1989. (Serio, Frizelle, Soule and Nickerson) Houston Builders, Inc. - Variance - Lot 30 & 46 Jetwood St. Mr. Serio asked if it was true that they needed approval from the NACC before the ZBA makes a decision, and Mr. Stapinski said that they would prefer that the ZBA have their hearing tonight. Mr. Serio agreed that the Board would hold this hearing at the end of tonights meeting. Antonio & Francisco Nicolosi - Special Permit - 242 Sutton St Legal notice read by Mr. Nickerson. Mr. J. Lagrasse, architect spoke for the petitioner, stating that the Nicolosi's had purchased the property last year and used it as a residence. It is in the Industrial zone. Mr. Nicolosi is an engineer and she is in real estate and would like to open up this business in this building. There would not be any rooms added or outside changes. The site would not be changed. They have 700 sq. ft. on the first floor and they would have three small offices. The second floor is existing and they plan to finish it off, it has 500 sq. ft. They are asking to continue the Industrial use of this building. The existing driveway would be extended and the parking would be in the rear. Mr. Serio asked if anyone was in favor or opposed to this petition? Letter from Scott Stocking, Town Planner read by Mr. Nickerson.(see file) Robert Nicetta, Building Inspector spoke about this petition, stating that he had looked at the plans and there is a 4-5' drop from front to back. Parking spaces should be 10x20 and the ones shown on Page 4 Nicolosi - con'd the plans are 9x18 and the driveway should be 25' wide and the one existing is only 12' wide. The floor plans show an office in the basement, three offices upstairs and an open work area in the attic. They should have six (6) parking spaces and they will not have room for a 25' driveway. He feels that they need a Special Permit because this will be a personal service establishment(travel agency) and that the petitioner has a lot more work done on this property. Mr. Frizelle asked "What do you really want?" and petitioner said his wife would be running a travel agency and they needed Special Permit. A discussion of personal servies establishment and what it is was. Mr. Frizelle asked what the hardship to the petitioner is for this request. Mr. Stapinski stated that he area is 1,500 sp. ft. and therefore they only need five (5) parking spaces. Mr. Nicetta again stressed the need for six (6) parking spaces and that they should be 10' x 20'. The petitioner stated that this will not be a multi-functioning business, and Mr. Nicetta said that they would be using four (4) office spaces between the first floor and the basement and need that many parking spaces. Mr. Stapinski said that the lot has a topography plam and the flow is from east to west and the engineer showed these plans to the Board. There are no berms or enbankment on the lot. Mr. Serio asked if anyone was in favor or opposed to this petition? Mr. Stapinski said that they would have no traffice problem, only two (2) offices would be open. Mr. Nickerson asked if the homes on each side of this site were strictly residential, and they peitioner stated yes. Upon a motion made by Mr. Frizelle and seconded by Mr. Nickerson, the Board voted, un- animously, to THAT THE MATTER UNDER ADVISEMENT.(Serio, Frizelle, Nickerson, Soule and Rissin). Houston Builders Variance 30 & 46 Jetwood St. The Board voted unanimously to CONTINE THIS HEARING to the regular meeting on March 14, 1989 and the petitioner agreed to waive any time limit involved and will write a letter so stating. Chester H. Hall, Jr. Special Permit - 202 Lacy Street Legal Notice read by Mr. Nickerson. Mr. Hall spoke for himself stating that he wanted the continued use of the family suite by his daughter. He is the new owner of this site. The Board held a short discussion on this petition. Upon a motion made by Mr. Frizelle and seconded by Mr. Soule, the Board voted, unanimously, to GRANT the Special Permit as requested, subject to the following conditions: 1. The premises shall be occupied by Lisa Hall, 2. The Special Permit shall expire at the time Lisa Hall ceases to occupy the family suite. 3. The Special Permit shall expire at the time the premises are conveyed to any person, partnership or corporation. 4. The applicant, by acceptance of the Certificate of Occupancy issued pursuant to the Special Permit, grants to the Building Inspector or his lawful designee the right to inspect the premises annually. Edward J. Sibelaski Variance 82-88 Main Street Legal notice read by Mr. Nickerson. The petitioner spoke for himself stating that the building presently has four (4) units. There was a real estate office in there and he wants to have a dental office on the first floor. There are seven (7) parking spaces in the back of the building now and it can be increased to twelve (12). There are five (5) compact spots on the school side of the building. Mr. Nickerson said that he had walked around the building and there were seven (7) parking spaces in the back and at that time there were five (5) car parked. Sibelaski - con'd Page 5 Between the building is the driveway. They want three (3) apartments and one dental office. They used to have a real estate office in the building. The Board asked if the dentist was alone or does he have a nurse and the petitioner said that he would have one employee. Letter from Scott Stocking read by Mr. Nickerson(seefile). The driveway has been a right- or-way since 1915. The abutter to the right of us bought a long time ago, and they have been using this driveway as well. The five (5) spots that Scott Stocking referred to are alright according to the Building Inspector. The whole area will be paved. When asked, Mr. Nicetta said that the parking space #1 is not too near the right-of-way. Mr. Serio asked if anyone was in favor or opposed to this petition? Mr. Nickerson asked how long the office is and Mr. Nicetta said 1,200 sq. ft. Upon a motion made by Mr. Frizelle and seconded by Mr. Nickerson, the Board voted, unanimously, to TAKE THIS MATTER UNDER ADVISEMENT. (Serio, Frizelle, Nickerson, Soule and Sullivan). Ronald A. Merino - Variance - 164 Sutton St. Legal notice read by Mr. Nickerson. Mr. Merino spoke for himself and said that the rear setback bounds the railroad tracks and he wants relief from that setback. Relief from N. Main St, residental zone on the middle of the street. The R-4 zone goes right around the property. The building was relocated as the Planning Board requested. Mr. Soule stated that the cars can come in on Sutton St. and out onto North Main Street and then into Sutton Street. There are three(3) doors on the building and four(4) cars could be put in front of each door for curbing. The hours of operation will be Monday-Friday from 8 a.m. to 6 p.m. and on Saturday from 8 a.m. to 6 p.m. Picture shown to the Board of what the building and area would approximately look like. With three (3) bays they will have 4 to 5 employees and the customer is a live-parking system. The waste oil is sold off as a #6 fuel oil. Board asked about the signs and we told that one for"entrance only" on Sutton St. and "exit only" on North Main Street and one sign for their name. Mr. Serio asked if anyone was in favor or opposed to this petition: Mr. Robert Nicetta, Building Inspector, read his letter to the Board and also one from the North Andover Police Department dated last October. Miss Hessina spoke in favor of this petition. Mr. Serio asked about the traffic survey, and Mr. Merino said that the letter to Scott Stocking should be in the file, about the meeting between him and the traffic impact study group, and he stressed that he is only asking for a setback in the petition. Letter from Scott Stocking read by Mr. Nickerson. (see file). Mr. Serio asked if the plans had been seen and reviewed by the Planner and approved, and was told yes. What is the problem that Scott Stocking asked about in his letter? The petitioner said the traffic on Sutton Street and the driveway. He stated that most of the customers will be from North Andover or Andover and he does not believe that they will be coming from Lawrence for a lube job. He feels that they have complied with all of the things that the Board has asked for. Tens of thousands of dollars have been spent on this project and they have tried to address every objection. They would service about 60 cars per day. Mr. Sullivan wants to have Police and Fire Department reports before he makes a decision. Upon a motion made by Mr. Frizelle and seconded by Mr. Nickerson, the Board voted, unanimously to CONTINUE THIS PETITION TO THE MARCH 14, 1989 meeting. (Serio, Frizelle, Nickerson, Sullivan and Soule). The Board requested that letters be sent to all abutters for Wreath School, Houston Builders and Ronald A. Merino notifying them of the continuation of these hearing to the March 14, 1989 meeting. This meeting will be held in the Senior Center, due to the large response to these petitions. ~ Meeting, February 14, 1989 - con'd Page 6 The next regular meeting of the Board will be held on March 14, 1989 in the Senior Center at 7:30 p.m. Meeting adjourned at 10.45 p.m. Audrey W/ Taylor, ~retary F~d~e ~, Jr., C~r~