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HomeMy WebLinkAbout1988-08-09The Board of Appeals held a regular meeting on August 9, 1988 in the Selectmsn's Meeting Room, the meeting opened at 7:35 p.m. and the following members were present and voting: Frank Serio, Jr., Chairman, Augustine Nickerson, William Sullivan, Anna O'Connor and Louis Rissin. PUBLIC HEARINGS Stephenson & Heather Bond - Special Permit - 165 Marblehead St. Legal notice read by Mr. Nickerson. Attorney J. Willis spoke for the petitioner. They purchased the home in the s,,mmer and the engineer noted that no Special Permit had been issued on this property. They want to increase the area that was a detached garage and put an expansion on to the back, claims they need more room. The petitioner asks also if the Board would grant him a Special Permit to square off the front of the building for a larger bedroom. They need two (2) Special Permits, one for the extension and the squaring off of the front. Mr. Serio asked if the petitioner could have more complete plans for our next meeting and Attorney Willis said yes, and suggested that the Board go out for a site visit to see what the petitioner means. Mr. Nickerson stated that more figures and plans were needed. Abutter from next doo~ said that he was not opposed to this petition. Letter from Town Planner, Scott Stockings read by Mr. Nickerson(see file). No one at the meeting spoke in opposition to this petition. Upon a motion made by Mr. Sullivan and seconded by Mr. Nickerson, the Board voted unanimously, to ~ontinue this hearing to the meeting of September 13, 1988.(Serio, Nickerson, Sullivan, O'Connor and Rissin). Dilip Muker3ee, MD - Special Permit 14 Main Street Legal notice read by Mr. Nickerson. This petition was tabled until the attorney for Dr. Mukerjee arrived. Geor~ina & Crai~ Mitchell - Special Permit - 95 Candlestick Road Legal notice read by Mr. NIckerson. Attorney J. Willis spoke for the petitioner stating that the petitioner was here with her husband to answer any questions that the Board might ask. She has been running a daycare center for six children and wants to increase this to twelve children. She now has a backlog of children that wish to come to her daycare center. The home is large enough to accomodate twelve children and is totally outfitted for daycare. They have a long driveway and almost two acres of land, and room for outside activities. Attorney Willis does not think this will increase the traffice flow to the area. Ms. Mitchell has to apply to the State for a license for the added six children. She already has one for the six children presently attending her daycare center, ages 3 to 5 years old. There is no problems from the Fire or Police Departments. The Town Planner does not see any reason for not granting this petition. Mr. Serio asked if anyone was opposed to this petition, no opposition heard. Letter from Town Planner read by Mr. Nickerson(see file). Letter from Town Planner to the Police and Fire Departments read by Mr. Nickerson(see file). Chief Dolan stated that this should be on the fire prevention officer's schedule, and they see no problems. Mr. Sullivan questioned the number of persons watching the children and Mr. Mitchell stated that she had one full-time employee and herself. Mr. Nickerson asked how many bathrooms and Mrs. Mitchell stated four (4). Motion made by Mrs. O'Connor to GRANT this petition with certain conditions: 1. Annual inspection 2. Plans be submitted to the Building Inspector for review. 3. If any complaints, a fence will be installed as soon as possible. No second... Mitchell - con'd Page 2 Howard Moe, an abutter, stated that it is fine with them and he does not feel that it will affect anyone in the neighborhood. Mr. Rissin asked if the property is fenced in and Attorney Willis said no, but there are plenty of egress ways and access. Mr. Nickerson feels that there should be a fence, and Attorney Willis stated that it would be a very large area to fence in. Mr. Nickerson stressed his concern for the safety of the children. Mrs. Mitchell said that they had a sandbox and swings and a play- yard area for the children. Attorney Willis stated that the Board could make it a condition that a fence be installed if anyone complained. Carol O'Neil feels that the program is very well supervised and they run an excellant program. All activities are protected. The area is all woods in the back of the house. There are no wetlands in the area. Upon a motion made by Mr. Sullivan and seconded by Mr. Nickerson, the Board voted to take this matter under advisement.(Serio, Nickerson, Sullivan, O'Connor and Rissin). David W. Ritchie, Jr. - Variance 200 Waverly Road Legal notice read by Mr. Nickerson. Mr. Ritchie spoke for himself stating that he had lived at this location for 20 years and wants to expand the garage because he has three sons and there three cars now, and they also need the additional storage space for the Scout Troops that he and his wife lead. He wants to fix up the room over the garage. Pictures shown to the Board of before and after of the enclosed porch and the proposed garage. He also wants a pool with storage. Mr. Nickerson asked why the pool had to be 5' from the neighbors line and Mr. Ritchie said so the pool will be straight. Mr. Ritchie said that the whole yard is fenced in now and they would be a secondary fence put in because of the children and his wife. Mr. Serio asked if any one was in favor and no response. Lmttmr from Town Planner read by Mr. Nickerson(see file). Mr. Ritchie again stressed the need for additional storage space. Mr. Nickerson said that having this 4' or 5' fromthe lot line is utter disregard for the neighbors. Mr. Ritchie asked about a 6'fence as they have now. Letter from Mr. Marcotte, abutter, read by Mr. Nickerson(see file). Mr. Marcotte showed pictures to the Board of his property now and also the street. He said his garage is 6' from the lot line. Officer Melinkas of the Fire Department stated that the houses are already too close to each other in case of a fire, so do not feel it is a safe distance from the next building. The Building Inspector suggested a fire wall be put in and 3/4 of the side be 10" thick in case a fire should start in the garage. Helen Soucy an abutter on Cabot Road is concerned about the filter noise as well as the noise from the people using the pool. She thinks that a high wooden fence should be around the entire area. A two-car, two-story garage is much to high and they have already added a room. The garage was originally in the back of the yard and moved to the front part by part. She asked if there are any regulations as to what time work can be done. Mr. Ritchie stated that the only thing that was done at night was the concrete pouring. He said that the fence will be replaced and the filter enclosed. He is not able to control neighborhood noise. Another abutter spoke saying that this additional construction would change the character of the neighborhood and they do not feel that they need all that room for the Scouts. They feel that it would be a detri- ment to the neighborhodd. Mr. Serio asked if the petitioner would consider a one- story garage and no pool? Mr. Ritchie would consider the one-story garage but they do want a pool. Mr. Marcotte stills objects to the garage as being too close to the lot line. Mr. Ritchie said he does not want to jeopardize the safety of the neighbor- hood but would like a nice addition. He gave a printout to Board of what the garage would look like. Upon a motion made by Mr. Sullivan and seconded by Mr. Nickerson, the Board voted, unanimously, to continue this hearing to September.(Serio, Nickerson, Sullivan, O'Connor and Rissin). NorthAndover Texaco Page 3 Variance & Speical Permit - 980 Os~ood St. Legal notice read by Mr. Nickerson. The petitioner spoke for himself and showed the Board the plans and explained them. He wants a canopy over the existing pumps and wants to move the island in 5' closer to the building, Board discussed the signage for size and restrictions and stressed the fact that the lighting will be down and under the canopy. The station closes at 9:30'p.m.. Plan to move the concrete and pumps in from the lot line. The sign presently on the property will be relocated to the other side of the lot. The peitioner stated that this would make the property look better. The Board stated that no signs could be on the canopy. No one spoke in favor or against this petition. Letter from Building Inspector and Town Planner read by Mr. Nickerso(see file). Gentleman from the audience stated that this was a good looking piece of property and that the petitioner has ~one a good job. Upon a motion made by Mr. Nickerson and seconded by Mr. Rissin, the Board voted, unanimously, to take this matter under consideration.(Serio, Nickerson, Sullivan, O'Connor and Rissin). Dill? Mukerjee, MD - Special Permit 14 Main Street This was continued from earlier in the meeting. The doctor spoke for himself and showed the Board the line that he wants to have changed to General Business, on the plans. Mr. Serio read the Section and Paragraph about this petition to the Board. The petitioner needs a Special Permit to make the entire lot General Business. Mr. Serio stated that he has no problem with this petition but wants new plans to show the lot and the division line of the zoning. He also asked the doctor to give us permission to extend the time to the September 13th meeting, the doctor said yes and that he would bring in a letter stating same. Upon a motion made by Mr. Soule and seconded by Mr. Rissin, the Board voted to, unanimously continue this meeting to the 13th of September.(Serio, Nickerson, Soule, O'Connor and Rissin). Maureen A. Dahar Party Ag~reived Lot 2, Great Pond Rd. Legal notice read by Mr. Nickerson. Attorney J. Fitzgibbons spoke for the petitioner. The Board had previously granted a decision with with a lot of conditions. The next lot is managed by the NACC and the NACC said that the petitioner should use a septic system. Letters from Board of Public Works, NACC and Town Planner read by Mr. Nickerson. Attorney Fitzgibbons stated that they do not have access to the sewer system now and they were told to put in a septic system instead. One Board, the NACC says yes and the Board of Public Works say that you should connect into the sewer system. Mr. Nickerson asked why the NACC should have this attitude, and NACC Chairman, Jack Lindon stated that the bottom line is that you need a 3/2 vote of the legislature to get an easement from the State and this could take a long time. An easement is needed in order to cross conservation land. Another problem would be the cutting of a lot of wood and trees, and this would not be good for the land or the town. The septic system would be more than 325' from the lake. The watershed bylaw would be covered by this petition. The NACC feels that it is a good distance for a septic system from the lake. Mr. Nickerson asked why the NACC had not gone to the State about it, and Hr. Lindon stated that they would rather have the septic system instead of losing all the trees and the 30' swatch. When asked if anyone was in favor of this petition, a next door neighbor stated that he had not objection and would like to tie into the sewer system himself. Attorney Fitzgibbons said that if a sewer system is put in that area, the peittioner would tie into it ~mmediately and that the pipes from the house could be put] in now. Mr. Serio stressed the fact that the NACC does not want a 30' parcel of land spoiled and they prefer a septic system. Mr. Lindon stated that they would follow through on the State and see what could be done about the problem. He also said that the NACC had granted permission for the new pumping station. Page 4 Dahar - con'd Upon a motion made by Mr. Sullivan and seconded by Ms. O'Conner, the Board voted, unanimously, to GRANT this Party Aggreived petition with the condition that the petitioner, through the NACC and privately, attempt to get an easement from the State to cross NACC land, or upon the building of any other sewer system in that area, that the petitioner will tie into the sewer system, within a one year period, and adhere to whichever of these conditions happens first. (Serio, Nickerson, Sullivan, O'Connor and Rissin) Joseph &Rita Stella Special Permit - 16-18 Lincoln St. Legal notice read by Mr. Nickerson. Attorney Fagle spoke for the peitioner and stated that they are in accordance with all of the bylaws and want to add a third unit to the dwelling. They purchased the property in December of 1986 and advised that it was a two-family with a third floor, having a hutch and pantry. They now want to put a kitchen in so that the people will not have to use a hotplate. He said there are no problems with the parking, as there is ample parking for five (5) cars already. They want to make it into a legal 3-family unit and want to make the building safer for the neighborhood. Mr. Serio questioned as to how much of the area was paved, and the attorney showed the Board, stating that they have five(5) parking spaces and a 2-car garage. Letter from Buiiding Inspector read by Mr. Nickerson. Mr. Nickerson asked what the "flying wings" on top of the building were, and Mr. Stella said that they allow the walls to breath~ are called "twirlers" and have open vents, and are used to cool the rooms. Letter from Town Planner read by Mr. Nickerson. No one from the audience spoke in favor of this petition. Mr. MacCannell, son of one of the abutters, spoke against the petition stating that he feels ~t would not help the neighborhood. Abutter from 20 Lincoln St. stated that they have a major parking problem and that the petitioner tenants never use the garage. Said that the dwelling has only been used as a three-family dwelling in the past few years. He said his wife works late and cannot find a place to park now. Mr. Verville, an abutter from 4 Lincoln St. does not want any more cars in the area. There is a traffic problem now and he has lived there for 25 years and wants to keep the neighborhood as is. The petitioner's attorney stated that there is ample off-street private parking and the garage can be used if it is needed. The lot is paved as shown on the plans. Man who comes to visit his mother stated that he always had trouble finding a place to park. The petitioner claims that only one person would be living on the third floor. An abutter asked what had been added and petitioner stated a second bedroom. Mr. Nickerson asked what the original building permit was for, and Mr. Stella said that when the house was shown to them, there was a tenant living on the third floor. The original permit was for a second set of stairs. The second permit was for adding on to an existing dormer and adding a new dormer. He claims that this enhanced the property and that he has spent over $25,000 on the property, and feels that there is room for all the necessary parking. Upon a motion by Mr. Sullivan and seconded by Mr. Nickerson, the Board voted, unanimously, to take this matter under advisement.(Serio, Nickerson, Sullivan, O'Connor and Rissin). Aalerud Co. (Scouts) Variance & Special Permit - 1740 Turnpike St. Letter from Aalerud read by Mr. Nickerson, requesting to withdraw this petition. Upon a motion made by Mr. Sullivan and seconded by Mr. Nickerson, the Board voted, unanimously, to ALLOW THE PETITIONER TO WITHDRAW WITHOUT PREJUDICE.(Serio, Nickerson, Sullivan, O'Connor and Rissin). R. William Aalerud(Scouts) Page 5 Variance & Special Permit - 1740 Turnpike St. Legal notice read by Mr. Nickerson. Mr. Aalerud spoke for himself stating that the NACC is satisfied with the new plans. Mr. Nickerson asked what had been done with the State, and Mr. Aalerud stated that they had been in touch with Joseph DiAngelo about this petition and that Scott had spoken with the State DPW about Route 114 and they indicated an 80' right-of-way. Information from the original plans stated 50' and that was incorrect, it is 80'. All of the items in Scott's letter were gone over. The State plans to put a deceleration lane on Rt. 114 in about 5 years and it will be widened in about 10 years. The Scouts are willing to put in the deceleration lane as long as the State pays for it. Regarding the setbacks, checked with Scott and when the building was put up the bylaws were different, in 1983-1984 and they did not need a variance at that time. The design of the building is so that it could be added on to as well as the setbacks. Since that time the zoning laws and setbacks have been changed and because of this, the area of land that the S~outs can use has been made smaller. Letter from Town Planner read by Mr. Nickerson. The building needs 25 parking spaces and they have 40, so there is no problem there. The floor plan of the building shown to the Board. They want a larger building than we allow in that area. Mr. Aalerud explained all of the areas to the Board in detail and explained why the building was in such an irregular arrangement. No one from the audience was in favor or opposed to this petition. The Fire Department stated that everything is alright as far as the department is concerned. Upon a motion made by Mr. Sullivan and seconded by Mr. Nickerson, the Board voted, unanimously, to GRANT the Variance and Special Permit as requested, subject to the following conditions: 1. The parking lot be screened from Route 114 with trees and shrubs. The shrubs shall be placed to grow as a solid screen at least 3' high. 2. The existing curb cut be approved in accordance with the requirements of the State DPW. 3. The location of the wetland along the rear of the property be placed on the plans. (Serio, Nickerson, Sullivan, O'Connor and Vivenzio) Robert & Patricia Hu~hes Variance 89-91 Autran Avenue Legal notice read by Mr. Nickerson. Mr. Hughes spoke for himself and stated that they bought the house in 1986 and at that time it had two decks, rather worse for wear and they want to rebuild the decks. Letter from Building Inspector read by Mr. Nickerson. No one from the audience spoke in favor or against this petition. 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, O'Connor and Rissin). C & D Realty Trust(Small) - Special Permit - 9 Waverl¥ Road Legal notice read by Mr. Nickerson. Mr. Small spoke for himself and stated the building is too close to the lot line. Letter from Town Planner read by Mr. Nickerson. Mr. Brasser, an abutter, stated that he has lived there for 24 years and has had no problems, also abutter from 20 Hodges St said that there were no problems and the building was a big improvement. Trees cannot go on the street because the drain is only 2' underground. He stated that he could put wheel stops in if needed. Page 6 C & D Realty Trust(Small) - con'd Upon a motion made by Mr. Nickerson and seconded by Mr. Rissin, the Board voted, unanimously, to GRANT the Special Permit as requested subject to the condition that concrete wheel stops be put in the parking lot.(Serio, Nickerson, Sullivan, O'Connor and Rissin). CONTINUED PUBLIC HEARING Willow Park Daycare Center Special Permit - 65 Flagship Drive Attorney Ralph Joyce spoke for the petitioner and stated that they had given the Board members a booklet to read and make sure that the Fire and Police Department would be in complete compliance. The Fire Department want to upgrade the building and add more protection for the daycare. Letter received from the Police Department to petitioner stated what they needed. Letter from Attorney Joyce was gone over by the Board and the plans reviewed by the Board. The loading and unloading of the passengers was shown to the Board. Letter dated June 14, 1988 from Attorney Joyce claims that the conditions of the Police Department have been made. Mr. Nickerson questioned the letter and Attorney Joyce tried to clarify the conditions to the Board. He said all the conditions issued are reasonable and could be met. Some of the conditions will be mandatory in the near future. Ms. O'Connor asked how many children would be there and Attorney Joyce said 120.(See file for Atty. Joyce's letter of June 14th). Upon a motion made by Mr. Rissin and seconded by Mr. Sullivan, the Board voted, unanimously, to take this matter under advisement(Serio, Nickerson, Sullivan, O'Connor and Rissin). DECISION: Roland Pollone Variance & Special Permit - 185-187 Main St. Board held a discussion on the meaning of the bylaw and how it should be interpreted. Upon a motion made by Mr. Sullivan and seconded by Mr. Nickerson, the Board voted, unanimously, to DENY the variance and Special Permit as requested. The Board finds that major external structural changes would be made, as described in Paragraph 4.122 (14)(a) of the Bylaws, should this petition be granted.(Serio, Nickerson, Sullivan, O'Connor and Rissin). Steven E & Carol A Tessler - Variance 308 Campbell Road Upon a motion made by Mr. Sullivan and seconded by Mr. Nickerson, the Board voted to DENY the variance as requested. The Board finds that a similar petition on this same parcel of land was previsouly denied on October 23, 1980 and that its decision was upheld by the Superior Court #19047, dated December 9, 1981.(Serio, Nickerson, Sullivan and'Connor, Mr. Rissin voted in favor of this petition). Leander F Pease III & Raymond Collette Variance 31 Flagship Drive Upon a motion made by Mr. Sullivan and seconded by Mr. Rissin, the Board voted, unanimously, to GRANT the variance as requested. The North Andover Conservation Commission voted that the proposed addition by the petitioner was not subject to the jurisdiction of the Wetland Protection Act G. L. c. 131, §40. The Board of Appeals requested a revised site plan clearly showing the proposed addition, and that has been received.(Serio, Nickerson, Sullivan, O'Connor and Rissin). Page 7 Eastwood - #87-23 - Court case #86-2814 Judge Brady of Superior Court sent it back to the Board of Appeals for them to re- consider. It was on the June agenda and the matter has been pending since 1986 and Attorney Joyce filed for this and has come to state his case. Mr. Serio stated that he wanted to contact the new Town Counsel. Attorney Joyce stressed that he wanted a new public hearing on this petition and as soon as possible. Mr. Sullivan feels that this should be the decision of the Town Counsel. Mr. Serio said that he would take care of this matter. DECISION Joseph &Rita Stella Special Permit - 16-18 Lincoln St. Upon a motion made by Mr. Rissin and seconded by Mr. Nickerson, the Board voted, unanimously, to DENY the Special Permit as requested, and the Building Inspector will be notified of the possibility of a violation of the Zoning ByLaws. The Board finds that the neighborhood consists predominately of single and two-family homes and that the addition of a three-family home in the area would adversely impact on the serenity of this old established neighborhood.(Serio, Nickerson, Sullivan, O'Connor and Rissin). The Board voted, unanimously, to hold a Special Meeting on Monday, August 22, 1988 for discussion and decisions on petitions under advisement. Mr. Sullivan will chair the meeting in Mr. Serio,s absence. The meeting will start at 7:00 p.m. in the Selectmen's conference and library room. The meeting adjourned at 11:50 p.m. Our next regular meeting will be held on Tuesday evening, October 13, 1988 in the Selectmen's Meeting Room. ud ey W~ Taylor, S~eta'ry