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HomeMy WebLinkAbout1987-01-13January 13, 1987 Regular Meeting The Board of Appeals held a regular meeting on January 13, 1987 in the Selectmen's meeting room. The meeting started at 7:40 p.m. The following members were present and voting; Frank Serio, Jr., Chairman, Alfred Frizelle, Vice-chairman, Augustine Nickerson, Clerk, Walter Soule, Raymond Vivenzio and Anna O~Connor, Associate member. PUBLIC HEARINGS Alan D. Solomont, trustee Reb Sarah Realty Trust - Special Permit.. - Chestnut Street Attorney Lewis spoke for the petitioner and requested that this hear- ing be postponed until the February meeting, so that more information could be obtained. Motion made by Mr. Frizelle and seconded by Mr. Nickerson that the ~continuance be granted until February 10, 1987. Vote - unanimous Combined Development Group III Trust Turnpike Street John J. Rivers, trustee - Special Permit - Lot 80.(B1)' Legel notice read by Mr. Nickerson. Kevin C. Greus presented the Board members with a written statement and plans regarding this request. Plan to build a single family home 30' by 70', one story, 3,200 sq. ft. Petitioner requests a special permit under Section 5.3, paragraph 1 of the Zoning ByLaw in order to remove 32,500 cubic yards of fill from the property. Land contours and elevations are approximately 35 feet above road grade. Petitioner proposes to remove~ill and grade to a more appropriate elevation for construction of a dwelling. They are in the process of preDaring State Earth Removal Permit and Curb Cut applications now. The accessery building w~uld be a cabana to be used with the pool. Letter from F. D. Dewsnap Engineering Associates, Inc., read by Mr. Nickerson as follows: "Please be advised that our office surveyed the land in question between November 3, 1986 and November 5, 1986 in order to determine tha mpproximate "in place" quantity. The bench mar~i~for the-~ork is a PK spike in a pole marked ME 2569 1/2 (NETT Pole No. 139 1/2). The assumed elevation is 100.00. T~e base elevation of 101 was established at the property line. This elevation was carried across the site and connected to a 2(horizontal) to 1 (vertical) slope off the elevation at the peak property line. No volume was considered within twenty (20) feet of the nearest point along the southerly property line. A sketch plan has been attached in order for you to see the area under consideration. The total volume within the area outlined upon Exhibit No. 1 is 32,500 cubic yards, more or less. This volume is an "in place" volume using those parameters outlined above." This letter was dated 11/14/86. The Board was told that each truck could handle 25 yards at a time. Letter read from Board of Health as follows: "Re: Lot 80 Turnpike St., earth removal. I have two suggetions after reviewing this plan. This building will need a septic system. After going through my files, I Page 2 could find no record of soil tests for the site. I hope the builder is keeping this in mind as he plans to develop this site. The other concern I have is how the proposed grading will change runoff from this site. For instance, water that flows off the lot from the south corner now will be diverted to the other side of the lot, hope- fully, not causing any new flood provlems." Signed Michael Graf, Health Inspector. Dated 12/15/86 Letter from North Andover Building Department read as follows: ."Re: Combined Development Group III Trust - Earth Removal Request Gentlemen: It is recommended that the Earth Removal Permit not be grant- ed by your Board until proper plans are submitted for your endorsement. The plan as submitted by Dewsnap Engineering dated November 14, 1986 has many deficiencies. The plan does not show how drainage from the area will be handled nor does it show a siltation basin, the area to be re- forested, the slope of the excavation, or the area to be grassed upon completion. The plan also needs a cross-section showing elevation, a slope not greater than 2:1 (2 ft. horizontal to 1 ft. vertical) and the required 15 ft. setback of the excavation from the lot line. The approval of the Mass. D.P.W. should be obtained, in w=iting, since the site abDts Route 114. Bonding in an amount to be set by the Board and a $100.00 license fee is also requiredT" Signed by Charles H. Foster Building Inspector and Zoning officer. Dated 12/8/86. Many questions raised by Board, what if it didn't perk for septic system after the removal of nob?, how far before clay is hit?, where is stump burial going to be?, were trees already cut down?, what would prevent mud slides onto 1147, could dwelling be built without removing this nob? Petitioner stated that this dwelling was being built for speculation, but could be smaller, the setback from 114 would be 60', and trees were removed before they knew they needed a Special Permit to remove the earth,.hale bales and sump pumps would be used to prevent mud slides. Mr. B. Bercolinni stated that all issues should be looked into before a special permit issued, and the entire thing be addressed at once, not by partial planning. Mr. Belanger of Johnson Street questioned how this would affect the widening of Route 114 and if any blasting would be done, or is this all sand and gravel, where is leech field in regard to the wetland. No soil sample has been taken as yet,boring cannot be done until the lot is leveled A site visit will be done by Mr. F. Serio. Motion made by Mr. Frizelle and seconded by Mr. Nickerson that this matter be taken under advisement. In favor; Mr. Frizelle, Mr. Nickerson, Mr. Vivenzio and Ms. O'Connor - opposed, Mr. Soule Domenic Giarruso - variance - 318 Salem Street Legal notice read by Mr. Nickerson, clerk. Attorney Stella spoke for the petitioner and presented new plans to the Board. This is zoned R-3. Petitioner originally had 1 1/2 acres but the county took some land. Mr. Giarruso has recently retired and wants to sell one lot and retain the other for himself. He now lives on Lot A, and the new lot would be Lot B. The pool will be removed. Letter from Mr. Cristaldi read as ~ollows: "I am unable to attend your meeting of January 13, 1987, however, after reviewing the petition I would like to comment as follows: As a neighbor of Mr. Giarruso for more than 25 years, it is my opinion that his proposal would not ad- versely affect the neighborhood or the Town of North Andover. Therefore I ~uld request that the Board act favorably on Mr. Giarruso's petition." Signed An~leo Cristaldi; dated 1/12/87' Page 3 Letter from Building Inspector read as follows: "For the Board's in- formation, Mr. GiaruSso lost a good deal of frontage when the land was taken for the widening of Salem Street and its intersection with Appleton S3treet in 1962. I was unable to determine the frontage of his land at that time but I recall that when I built Mr. Giarusso's house he had considerably more frontage than he has now." Signed by Charles H. FosteI and dated 1/13/87. The lots are both in the watershed district. Mr. Olenio, an abutter ~msked to see the plans. He was concerned about the driveway being too close to his land. Mr. Foster stated that entrance and drivewy could not be because it would be too close to the brook. Upon a motion made by Mr. Frizelle and seconded by Ms. OtConnor the board voted unanimously to take this matter under advisement. DEC~S~NS Jefferson office Park Limited Partnership variance 671 Chestnut Street Upon a motion made by Mr. Frizelle and seconded by Mr. Soule, the Board voted, four in favor and one opposed to GRANT the variance as requested subject to the following conditions: 1. Barn as shown on plan be razed before any further occupancy permits be issued. 2. Landscaping(shrubs and trees) be put along Chestnut Street boundary. 3. Entrance/exits blocked and green areas put in as shown on plans submitted to the Planning Board. Vote: In favor, Mr. Frizelle, Mr. Sullivan, Mr. Soule & Ms. O'Connor Opposed, Mr. Nickerson The Board finds that the granting of this variance will not derogate from the intent and purposes of the Zoning ByLaws nor adversely affect the neighborhood. Chestnut Green at the Andover Condo Trust c/o McDonald & Lavers - variance 555 & 575 Turnpike Upon a motion madeeby Mr. Soule and seconded by Ms. O'Connor the Board voted to GRANT the petition as requested, however the following vote was received, two in favor were Ms. O'Connor and Mr. Soule, opposed were Mr. Sullivan and Mr. Nickerson, Mr. Frizelle abstained, therefore the petition was DENIED. REVIEW Paul & John DiSalv Ninety-one Realty . . - variance -..~ Beverly St. Fire Chief Dolan had requested a review of the plans and decision rendered by the Board regarding the variance at 98 Beverly Street. The Board had denied the variance, chief Dolan stated in his letter that an additional building was being constructed on this lot and Page 4 and attached to the present dwelling by a garage, thereby getting a building permit for an addition and not a seperate dwelling. Mr. Foster stated that if the Chief wished to appeal the Board's decision, he should:bring this matter up in the correct manner and file a petition regarding same. Mr. Serio agreed and also stated that there is a weakness in this bylaw and hoped to have it corrected by the Planning Board submitting a new by law to Town Meeting. Mr. Serio will write to chief Dolan and explain our position on this matter, and why we cannot take the matter up without proper procedure being follow- ed. DECISIONS Domenic Giarruso variance 318 Salem Street Upon a motion made by Mr. Frizelle and seconded by Mr. Soule, the Board voted, unanimously, to GRANT the variance as requested, subject to the condition that the pool must be removed prior to conveying of lot. The Board finds that the granting of this variance will not derogate from the intent and purposes of the Zoning ByLaws nor adversely affect the neighborhood. Meeting adjourned at 10:00 p,m. Next regular meeting on Tuesday evening, February 10, 1987. Taylor ~Cle rk rman