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HomeMy WebLinkAbout1988-06-14The Board of Appeals held a regular meeting on Tuesday evening, June 14, 1988 at 7:45 p.m. in the Selectmen's Meeting Room. The following members were present and voting: Frank Serio, Jr., Chairman, Augustine Nickerson, Clerk, William Sullivan, Walter Soule, Anna O'Connor and Lou Rissin. PUBLIC HEARINGS Dilip K. Mukerjee, M.S. Variance - 14 Main St., stone building Legal notice read by Mr. Nickerson. Letters from Building Inspector and Town Planner read by Mr. Nickerson(see file). Attorney representing Dr. Mukerjee stated that they wished to withdraw the petition without prejudice. Upon a motion made by Mr. Rissin and seconded by Mr. Sullivan, the Board voted, animously, to allow the petitioner to WITHDRAW WITHOUT PREJUDICE as requested. (Serio, Nickerson, Sullivan, Soule a~d Rissin). Ronald Pollone - Variance & Special Permit - 185-187 Main Street Legal notice read by Hr. Nickerson. Mr. Pollone stated that he was in front of the Board once before on this property, but since that time there has been a change in the bylaw. The neighborhood will not be altered as there is already a condo complex, church, and multi-family dwellings in the area. He wants to add three units to the two that are already there. He showed the plans to the Board as well as drawings of the building. New shrubs will be added along the Willis side of the site and the appearance of the area will be much better. There are new sidewalks proposed. Need a Special Permit in order to build the three units and feel that this addition will not alter the character of the neighborhood. These will be good quality apartments and he has spoken to the Building Inspector and the Fire Department regarding this. Need a variance for frontage, have 79' and need 100'. Chief Dolan questioned whether this should go to the Planning Board because it was before our Board in 1987. Mr. Serio stated that he did not think so because it is a completely different plan, the new plan has mor~ parking and other changes, includ- ing staggering the units for a more attractive appearance. Mr. Sullivan stated that he would like to get Town Counsel's opinion on whether this is a repetitive petition and also a ruling on the new bylaw. Mr. Serio asked if anyone wanted to speak in favor of this petition and several abutters made favorable remarks for the petitioner. Mr. Nickerson read letters from the Fire Chief, Building Inspector and Town Planner(see file). Letters from the following abutters were read by Mr. Nickerson - Albertine M. Mahoney, Sturbridge Arms Condominium Association, Barbara A. Hayes, Michael J. Quinn, Michael and Elaine Morgillo, and St. Michael's School Principal, Sister Claire Theresa. Attorney for Mr. Pollone stated that they have provided catch basins and would be tied up to the town sewer system. Mr. Serio asked if they had any objections to the Town Planner's recommendations and they said no. Mr. Stocking requested that the driveway be 16' so that the walkway would be closer. Chief Dolan want the driveway to stay the same as it is. Does not want it any narrower. Mr. Pollone stated that the walkway could be extended along the back if the Board wants that. Mr. Serio asked if anyone was opposed to this pe ion and Attorney J. Willis, an abutter expressed his concerns, stating that he thinks the bylaw was meant to conversion of existing buildings. He does not feel that you can just do whatever you want in an R-4 district. He said that his old building doesn't look any different because the five units are all inside the original dwelling. He thinks that it would crowd the neighbor- hood and would add many more people to an already crowded area, in an R-4 zone. Do not see this as minor modification or a conversion, he will be adding three(3) complete apartments to the building. He feels that the petitioner could add units to this building without external changes. Mr. Willis has a serious problem with this inter- putation of the conversion bylaw and does feel it should not be done. Pollone - con'd Page 2 Attorney for Mr. Pollone stated that they had done their homework and been in touch with the Building Department and the Planning Board and these boards do not have any objections to this. Mr. Nickerson questioned the conversion bylaw and asked Mr Willis to show him the one he was referring to. Mr. Soule stated that the storm drains are not shown on the plans they will have to be added to our set of plans, and Mr. Pollone agreed to this condition. Mr. Nickerson wanted to hear Mr, Pollone's rebuttal of bylaw 4.122(14)(a) regarding the conversion of an existing building. Mr. Pollone's attorney stated that the petitioner had a long discussion with Karen Nelson and Trish, Town Planner prior to Town Meeting, about this bylaw. This type of building is needed in the downtown area, and a structural change is being made. Mr. Pollone wanted to make sure that this was not a repetitive petition, and Town Planner, S. Stockings and the Building Inspector assured him that it was not. Mr. Pollone believes that more housing is needed in the downtown area the property is is much nicer than what they bought at first. He will not add a piece of crap to the building he lives in. He stated that the plans had not been thrown together, a lot of work has been involved. Mr. Serio ask- ed about parking spaces, and Mr. Pollone said he would provide ten (10), there are now only three (3) cars parked there. Mr. Sullivan wants to check with the Town Counsel about the correct wording of the bylaw as does Mr. Nickerson. Upon a motion made by Mr. Soule and seconded by Mr. Nickerson, the Board voted, unanimously to TAKE THE MATTER UNDER ADVISEMENT. (Serio, Nickerson, Sullivan, Soule and Rissin). Aalerud Co. Variance & Spar & Spindle(Girl Scouts) - Special Permit 1740 Turnpike Street Legal notice read by Mr. Nickerson. Mr. Aalerud spoke for himself and stated that Spar & Spindle has given them the project of building on to the existing building so they need a rear, front and non-conforming use relief. The addition is needed because of the increase in the number of scouts now and more space is required. Rear setback would leave 18', front setback would leave 80'. The addition will be closer to the front by 13'. The NACC has been approached already because the girl scouts want an outdoor, landscaped area for outside activities. Mr. Serio asked if anyone from the floor was in favor. Letter from Town Planner read by Mr. Nickerson (see file). Mr. Aalerud said that the addition was moved forward in order to make the building look better. When questioned regarding parking spaces, the petitioner stated that they will not need any additional parking spaces. When the State comes in to add the deceleration lane to Route 114 you will lose parking spaces said Mr. Soule. The Girl Scouts are a private business, but a non-profit organization. Mr. Serio asked if anyone was opposed to this petition. As suggested by Mr. Stockings letter, the Board asked the petitioner if he could have 80' right-of-way for deceleration lane, reduce frontage by 7' and keep 30' in back and bring in plans showing these new changes. Mr. Serio asked if they could change the plans to accomodate these requests, and the petitioner stated yes. Upon a motion made by Mr. Rissin and seconded by Mr. Nickerson, the Board voted , unanimously, to CONTINUE THIS HEARING TO THE AUGUST 9th, 1988 MEETING. Mr. Serio and Mr. Soule had a long discussion with Mr. Aalerud regarding these changes to the plans. Robert A. Kingsley - Variance Legal notice read by Mr. Nickerson. 75 Mifflin Drive Mr. Kingsley spoke for himself stating that the underhouse garage driveway drops sharply and he wants to put a carport on the building so that he can handle the snow in the winter. Mr. Serio asked if anyone was in favor of this. Letter from Town Planner read by Mr. Nickerson(see file). Mr. Kingsley said that he could handle the things that Kingsley - con'd Page 3 Mr. Stocking wanted. Mr. Nickerson asked if Mr. Kingsley could leave one side of the carport open and Mr. Kingsley said yes. Mr. Nickerson asked if the chain link fence would get in the way and Mr. Kingsley said no. Mr. Kingsley stated that he would build up on the existing wall and the drainage is there already. Upon a motion made by Mr. Nickerson and seconded by Mr. Sullivan, the Board voted, unanimously, to TAKE THE MATTER UNDER ADVISEMENT.( Serio, Nickerson, Sullivan, Soule & Rissin). Steven & Carol Tessler Variance - 308 Campbell Road Legal notice read by Mr. Nickerson. Mr. Tessler spoke for himself stating that at the beginning of Campbell Raod there are some horses and at the other end of Campbell there is a riding academy. The land would be only for their own use, they have two (2) horses. Mr. Serio asked if anyone was in favor or opposed to this petition, no answers. Upon a motion made by Mr. 8oule and seconded by Mr. Niekerson, the Board voted, unanimously, to TAKE THE MATTER UNDER ADVISEMENT. (Serio, Niekerson, Sullivan, Soule and Rissin). John & Susan Greeley - Variance 192 Stonecleave Road Legal notice read by Mr. Nlckerson. Mrs. Greeley spoke for herself stating that they are two(2') foot short of the 30' requirement and are next door to the Mass. Electric Co. Mr. Nickerson asked if the house was at the end of the cul-de-sac, and Mrs. Greeley stated yes. Mr. Serio asked if anyone was in favor or opposed to this petition, no reply. Upon a motion made by Mr. Sullivan and seconded by Mr. Nickerson, the Board voted, unanimously, to GRANT the variance as requested. (Serio, Nickerson, Sullivan, Soule and Rissin). Leader F. Pease III Raymond L. Collette Variance 31 Flagship Drive Legal notice read by Mr. Nickerson. Real estate agent Mr. Phillip White spoke for the petitioner stating that the land is located on the west side of Flagship Drive. The building is 80' x 160' and the addition would be 40' x 80'. The topography of the lot shows that the frontage is high and uneven up to the rear so the building must be pushed back. Process Products Corp. wants the addition for more operating space. Mr. Samia, the architect spoke and showed pictures to the Board of the proposed building. Mr. Nickerson asked why the petitioner could not build up, and Mr. Collette stated that it is a lot more convenient to put the manufacturing on the first floor. Mr. Samia said that the area is very slopey and some of the back areas would make the addition one floor above the old building. They are about 100' from the next building and the other side would interfere with the traffic flow. He stated that if the lot was not triangular in shape, they would not have any problem. Mr. Serio asked if anyone was in favor of this petition and Mr. A. Brown, a tenant in the building read a letter to the Board in favor of this petition. (see file). Letter from Town Planner read by Mr. Nickerson.(see file). Chief Dolan said that if the petitioner should get to a site plan review, that his department has some suggestions to present at that time. Upon a motion made by Mr. Sullivan and seconded by Mr. Riss±n, the Board voted, unanimously, to TAKE THIS MATTER UNDER ADVISEMENT.(Serio, Ntckerson, Sullivan, Soule Rissin). Page 4 CONTINUED PUBLIC HEARINGS Robert K. Daigle Special Permit & Party Aggreived Hod~es Stree~ Attorney Cohen spoke for the petitioner and mentioned the provisions we asked for at the last meeting. The covenant has been submitted to the Town Counsel and will be given to the Board later, as well as a mylar copy of plans. The new plans were shown to the Board. A letter from the Board to Mr. Daigle was read by Mr. Nickerson, Clerk. Mr. Sullivan asked where the parking spaces for the employees would be, and the petitioner stated that there were only three (3) employees for the two (2) businesses. One business will be a beauty shop and one a baseball card shop. The beauty shop owner said that the three (3) employees at her shop do not work at the same time so there would be no parking problem. Mr. Soule asked if there was any reason why the petitioner could not have the eighteen (18) parking spaces on the vacant lot, and the petitioner stated that they may want to use the lot for other business. After a short discussion, the Board decided to continue the hearing until the end of the meeting. Willows Park Daycare Ctr. - Special Permit - 65 Flagship Drive Attorney Ralph Joyce spoke for the petitioner and said that the Co~n~onwealth of Massachusetts realizes the need for daycare centers. He spoke of present legislature regarding this problem and the providing daycare and presenting a lot of changes regarding daycare. Chief Dolan has visited the site twice and a list of violations have been put in a letter to the- Board read by Mr. Nickerson(see file). Folders from the petitioner given to the Board for reference. New plans were given to the Board, and the petitioner has no objections to the requirements that the Fire Department wants. The painting area is vented. The fan is on the side of the building and door next to it. Petitioner will move the exhaust fan higher. The Town Planner suggested that a traffic count analysis be put into the plans, and it was found that the impact is very mininal and the traffic is manageable. Question of a traffic lighton Route 114, needed but the cost keeps going up. The intersection to Rt. 125 shown on the plans and designated as Road A. The NACC does not want this road to go in. The State does not want any more streets going into Route 125. The righ-of-way does exist and the Town has the right to exercise this if they want to. Chief Dolan stated that the road between Route 125 and Flagship Drive is being reviewed. The Planning Board and Fire Department are in favor of it and the NACC is looking into it now. Attorney Joyce suggested that the Board have a sign off of the plans before they are presented to the Planning Board, showing new architect plans to make the building more aesthetic in appearance. A hazardous waste test has been done and nothing showed up. Child care facilites are watched very carefully by the State and all of the questions asked by the Board at the last meeting would have to be answered for the State, and the petitioner needs a State license before opening. Letter from the Fire Chief read by Mr. Nickerson(see file). Attorney Joyce spoke regarding this letter, stating that the sprinkler system is in the building, but beneath the ceiling tiles, and the applicant will try to meet all of the requirements of the Fire Department and the Police Department as closely as possible. Cannot guarantee 100% . Chief Dolan stated that unfortunately the concerns of his department are that the conditions now are no good for a daycare center. Attorney Joyce said that the State has a lot of regulations regarding safety too. Chief Dolan said that after the re- gulations are met, his department could inspect the site again. Attorney Joyce said that if a change of tenant were to happen, they would have to come to the Board again. Mr. Soule asked the Chief if he was satisfied with the things they plan to do, and the Chief answered, yes, if they do what they are supposed to do. Attorney Joyce stated that the petitioner would put up a bond and that no "occupancy permit" issued if that is the only way to get the Boards approval. Mr. Nickerson stated that the main concern of the Board is traffic las on all the other daycare petitions we have had, and on this particular site we have wetlands, toxic fumes and a lot of chemicals in the area and they are dangerous to a day- care center. He stated that he is not against daycare centers but he does not feel that this site is proper, in fact the site gives him the willies. The petitioner promises to do all of the things wanted but it is a real concern. Willow Park Daycare Center - con'd Page 5 Mr. Vivenzio stated that the only reason we have not had a lot of these problems is that we did not look into it before. Mr. Souls stressed the fact that he has a lot of worries about the children as well as the parents. He said that the Board cannot pick the site for the center but feels that lots better sites are available. Mr. Serio stated that we need daycare centers but without the approval of the Police Dept and the Fire Dept, he does not feel it should be granted. Attorney Willis stated that he would send a letter to the Board granting a time extension so that the hearing could be continued. Upon a motion made by Mr. Sullivan and seconded by Mr. Souls, the Board voted, unanimously, to continue this hearing to the August 9th meeting. DECISIONS Robert K. Daigle Special Permit & Party Aggreived Hodses Street Plans shown to the Board. The sidewalk area on the lot will be removed. They will put fifteen (15) spaces on the other side of the street, for a total of seventeen (17) parking spaces. Upon a motion made by Mr. Sullivan and seconded by Mr. Souls, the Board voted, unanimously, to GRANT the Special Permit and Party Aggreived and hereby authorizes the Building Inspector to issue an Occupancy Permit to Robert Daigle based upon the following conditions: 1. A Restrictive Covenant be placed on the land owned by the petitioner immediately across the street from the subject building allowing seventeen (17) paved parking spaces exclusively for the use of the tenants of 7 Hodgss St. and a copy of the Covenant be delivered to Town Counsel for approval and record. 2. Only 1,200 sq. ft of the second floor of the building be allowed for occupancy. 3. Plans be revised and submitted to the Board for final approval. The Board finds that the petitioner has satisfied the provisions of Section 10, Paragraph 10.3 of the Zoning ByLaw and the granting of this Special Permit in particular will not derogate from the intent and purpose of the ByLaw nor will it adversely affect the neighborhood.(Serio, Nickerson, Sullivan and Soule). DISCUSSION Myron A. Eastwood(File #87-23) - Variance - 138 High Street Discussion held regarding letter received by the Board, dated June 27, 1988 from Attorney Ralph R. Joyce pertaining to a suit already filed against the Board by WINDLE, ET AL. Attorney Joyce suggests that he and Attorney Stella have a cham ~ to ask questions of the Board at our August 9, 1988 meeting and then present their findings to the judge. Mr. Nickerson feels that the Board should do the reporting to the judge. The Board will get together during the month of July to go into this matter before the August meeting. DECISIONS Tyler Monroe Party Aggreived 100 Foster Street Letter from Mr. A. Manzi, Jr., an abutter, read by Mr. Nickerson(see file). Monroe - con'd Page 6 Upon a motion made by Mr. Soule and seconded by Ms. O'Connor, the Board voted to GRANT the Party Aggreived and hereby authorizes the Building Inspector to reinstate building permit #448, initially issued on 12/7/87 for a 30'x 40' building. The following members voted in favor of this petition: Mr. Serio, Mr. Soule, Ms. O'Connor and Mr. Rissin. Mr. Nickerson voted in opposition to this petition. Robert A. Kingsley Variance 75 Mifflin Drive Upon a motion made by Mr. Soule and seconded by Mr. Rissin, the Board, voted, unanimously, to GRANT the variance as requested subject to the following condition: New plans be submitted to show exact location and construction of carport to assure that adequate vision through the carport onto Mifflin Drive be provided. The Board finds that the petitioner has satisfied the provisions of Section 10, Paragraph 10.4 of the Zoning ByLaw and the granting of this variance in particular will not derogate from the intent and purpose of the ByLaw nor will it adversely affect the neighborhood(Serlo, Nickerson, Sullivan, Soule and Rissin). The meeting was adjourned at 11.00 p.m. The next regular meeting will be held on August 9, 1988 at 7:30 p.m. There will be no meeting in July, per a unanimous vote by the Board. 'Audrey ~Taylor Secretary