Loading...
HomeMy WebLinkAbout1989-09-13The Board of Appeals held a regular meeting on Tuesday evening, September 12, 1989 in the Selectmen's Meeting Room. The meeting opened at 7:30 p.m. and the following members were present; Frank Serio, Jr., Chairman, Augustine Nickerson, Clerk, William Sullivan, Walter Soule, Raymond Vivenzio, Anna O'Connor and Louis Rissin. Building Inspector, Robert Nicetta also attended. Mr. Serio welcomed Raymond Vivenzio to the Board as a regular member. Upon a motion made by Mr. Nickerson and seconded by Mr. Soule, the Board voted, unanimously, to elect Mr. William Sullivan, Vice-chairman. PUBLIC HEARINGS Crusader Paper Special Permit Variance SW side of Clark St. Legal notice read by Mr. Nickerson. Attorney Willis spoke for the petitioner stating that this matter had been before the Board in 1987 and granted. More fill will have to be removed because of additional modification and addition of a loading dock for the removal of waste paper and need this variance so they can excavate causing more fill to be removed. The Board approved the plans and then said the petitioner did not meet the specific bylaw for earth removal. The petitioner could not meet this bylaw and so redesigned the plans, which Attorney Willis showed to the Board. There are approximately 10,000 yards of fill that need to be removed. The actual construction will not be as shown on the original plans. A report by Geotechnical Consultants done and they said he bellied out th slope and this was shown to the Board. As tie walls were being built, many people saw that the walls were too steep and unstable. The walls will be built as previously designed. The petitioner wants a variance to go to 5' of the lot line, stating that the flatter the slope the safer it will be. Want a variance for the height of the slopes. Attorney Willis said that they also want a Temporary Occupancy permit under Section 10.32 because the building is useable at present. Financially it is a hardship not to be able to use the building. The petitioner is presently renting space and it takes about six (6) weeks to more all of the equipment. It will be about 6-8 weeks before the slopes will be completed. Phase #1 is completed. The additional building will be a storage building, 200 x 200. Most of the paving is done. Building Inspector Mr. Nicetta is very concerned about safety and that the Town could be sued. Crusader Paper and DeLoury Construction Co. will have all insurance policies amended to ~over the Town, should anything come before them regarding injury.. The Town has a $20,000 bond from the petitioner. Mr. Sullivan asked if a temporary occupancy permit with a definite cutoff date. The petitioner stated that they would need at least six (6) months even if it is done by Thanksgiving. Cannot have two to one slopes(riprap), want one to one slopes as shown on the plans. Attorney Willis advised the Board to take a look at the site. Mr. Nickerson said that the pictures shown tonight to the Board were taken three weeks ago, because he went out today and it does not look like the pictures shown. An engineer will be watching the progress of the slopes and then redesigning. The existing riprap is not a problem. The side will be a wall. Mr. Nicetta said that the site is made of clay and it is pretty stable. Parking will be along the building and they have a barricade so that the cars can park there, also parking can be done in front of the building. The parking lot is paved and temporary stripes can be put on it if need be. When in full tilt there will be 20 employees. Phase II is not started yet. Mr. Nickerson asked what is being done along the side wall? Petitioner stated that a sheeter runs along the wall cuts paper. It has two employees working on it. Mr. Serio asked if the work could be completed before the snows arrive? Attorney Willis said the petitioner plans to have it done in 6-8 weeks. Mr. Nicetta said the concern of Building Inspector is public safety and meets the MA Building Code. The original lot was at lease 80' high and was done incorrectly. A rainstorm washed all the fill into the parking lot and the slope ended up vertical. Crusader Paper - con'd Page 2 Because of public safety' Mr. Nicetta decided not to give the petitioner an occupancy permit. He wants the compancy to get into the building as soon as possible but will refuse to issue a occupancy permit until he finds that the area is safe. If every- thing is corrected to his satisfaction, he will issue a temporary occupancy permit. Attorney Willis said that his decision and the decision of the Board will show that all necessary steps have been taken. Mr. Nicetta stated that the Board cannot issue a temporary permit without the Building Inspector's approval. Mr. Nicetta asked what the Town is covered for regarding insurance and Attorney Willis stated that both Crusader Paper and Deloury Construction Co. had coverage and the Town will not be responsible for any monies for injury at this site. Mr. Vivenzio asked what the big rush was to move and why they needed a temporary occumpany permit. Attorney Willis stated that the petitioner was paying $25,000 per month rent and are presently renting two (2) spaces. Mr. Vivenzio asked why the petitioner did not sue the contractor because of the incorrect job he did and Attorney Willis stated that it is possible but it would take a long time. He claims that the building is safe and can be used and occupied and very slight chance of anyone being hurt out there. Mr. Serio asked if everything granted with the Building Inspectors approval, would you be satisfied with that? Attorney Willis said yes. Mr. Vivenzio asked, what about granting the variance except for the one that Mr. Nicetta objects to, and Mr. Serio said that it sounded ok to him. Attorney Willis stated that the company cannot start moving the equipment if they have to change it again in six weeks. Mr. Nicetta said that the Fire and Police Departments have approved of this petition. Decision from Town Counsel and definative plans on the slopes and grading will go to the Building Inspector. Mr. McLoughlin of Crusader Paper said that they do not want to move any equipment if the permit is not issued. Mr. Nicetta wants an copy of survey from the insurance company and needs a lot more information that has not been presented to him and was very upset about this. Mr. Serio asked if anyone in the audience was opposed or in favor of this petition and got no response. Attorney Willis stated that if we are leaving it to the Building Inspector, it is ok with the petitioner, wanted additional backup for Mr. Nicetta. Mr. Vivenzio stated that the petition could be divided and part of it withdrawn, Mr. Willis agreed to this. Mr. Serio stated that the Board has enough faith in the Building Inspector that we do not have to make a decision on this, it can be withdrawn. Mr. Nickerson said that the Board have never had any one grant the Town insurance, and this shows that there is a hazard . Mr. Soule asked if the Building Inspector had approved of the plans, and Mr. Nicetta said no. Attorney Willis stated that the Building Inspector said that it was to go to the Planning Board and the Board of Appeals before it went to him. Mr. Nicetta said that once he is satisfied with the public safety, he will give a permit to the petitioner. Upon a motion made by Mr. Vivenzio and seconded by Mr. Sullivan, the Board voted, unanimously, to ALLOW THE PETITIONER TO WITHDRAW WITHOUT PREJUDICE THE REQUEST FOR TEMPORARY OCCUPANCY UNDER SECTION 10.32, and GRANT the variance of Section 5.7 and 5.8 of the bylaw as requested and the modifications of the Earth Removal Permit as requested.(Serio, Vivenzio, Nickerson, Sullivan and Souls). Karen Cirrone Special Permit 71 Liberty Street Legal notice read by Mr. Nickerson, Clerk. The petitioner spoke for herself stating that they had two acres of land and needed three in order to have a horse on the property. They only want one horse, 28 years old, that she has had since she was a very young girl. Mr. Nickerson stated that it is the last street on Sharpner Pond Road and it is completely settled. It did not appear to him that the neighbors on each side would want a horse next door. Mr. Serio asked what was in back of the lot and Ms. O'Connor said woods. Mr. Vivenzio stressed that it is a hard presedent on this petition. Mr. Serio asked if anyone in the audience was in favor or opposed to this, no response. Cirrone-con'd Page 3 Mr. Nickerson stated that we have not done this at any time and we had one suit against us that the Superior Court upheld our decision. Mr. Serio stated that even though there is no one opposed to this personally, if we granted this petition we would have others that would want to have horses closer to the Town. A former petitioner from Campbell Road spoke up to say that his petition was denied and he was here to see what was going to happen to the present petition. The petitioner said she was told by someone that she would not have any trouble getting permission for a horse. Upon a motion made by Mr. Nickerson and seconded by Mr. Vivenzio, the Board voted, unanimously, to DENY the Special Permit as requested because the petitioner does not have ~the required three (3) acres required to keep a horse, and the Board finds that there is no hardship under Section 10.4 of the Bylaw. The petition, while designated as a request for a Special Permit, seeks a variance from the three (3) acre requirement. In addition, in keeping with prior decisions of the Board, it is noted that variances requests from the three (30 acre for the keeping of horses have been consistently denied, including those from owners of much larger parcels. (Serio, Sullivan, Nickerson, Soule and Vivenzio). Ms. Cirrone, the petitioner said that she does not feel it is fair that she spent $75.00 for this application and the Board decided on a decision they made years ago on a different but similar petition. Ray Hachey - Variance - Route 125, Bypass Legal notice read by Mr. Nickerson, Clerk. Mr. Hachey spoke for himself stating that Chris Huntress, Planner was the one that found the mistake on the plans. It was on the electrical pland but not on the building plans(sheds). The shed boxes will be too near the lot line, so variance for setbacks are needed. They will be behind the fence by 10' and not seen from the road. Mr. Serio asked if anyone was in favor or opposed to this petition and got no response. Upon a motion made by Mr. Sullivan animously to GRANT the variance as and Vivenzio). and seconded by Mr. Soule, the Board voted, un- requested.(Serio, Sullivan, Nickerson, Soule Scott Cote' Merrimack College Variance Turnpike Street Legal notice read by Mr. Nickerson. Scott Cote' spoke for the petitioner and explained the plans and building to be on the college compus. Mr. Sullivan asked where the highest point would be. Mr. Cote said the middle section of the building. The greenhouse will be built later. There will be many trees between Route 114 and the building, it is presently a grassed area. It is 225' from Route 114, and the Volpe building is closer to Route 114 than the new building will be. Cushing Hall will hold administrative offices and Sullivan Hall will have support services. The building is being constructed to give more space with no additional students. Will house Biology, Chemistry, Civil Engineering, Computer Science, etc. No one from the audience spoke in opposition to this petition. Upon a motion made by Mr. Soule and seconded by Mr. Vivenzio, the Board voted, unanimously, to GRANT the variance as requested.(Serio, Vivenzio, Nickerson, Soule and O'Connor). The meeting adjourned at 8:50 p.m. The next regular meeting will be on October 10, 1989 at 7:30 p.m. in the Selectmen's Meeting Room~ ~ ' A