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HomeMy WebLinkAbout1987-04-14REGULAR MEETING April 14, 1987 The Board of Appeals held its regular meeting on April 14, 1987, Tuesday evening, in the Selectmen's Meeting room. 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. The meeting opened at 7:40 p.m. PUBLIC HEARINGS Elizabeth M. Bilodeau Variance Martin Ave., Lots 147, 148 (1) Lots 149, 150 (2) Legal notice read by Mr. Nickerson. Attorney Marsha K. Elias represented the petitioner stating that they wanted to build a duplex dwelling on each parcel, but that the petitioner was more than willing to abide by any conditions set forth by the Board of Appeals. Frontage on each lot would be onlY 90'. Petitioner would like a two-family, two floor dwelling and would like to live in one of the dwellings. Claims that there are many multi-family units in area and a lot of undersized parcels. It would benefit the Town by adding affordable housing. The vacant lot would be improved by letting her build on these lots. A copy of the assessor's report was given to F. Serio by the attorney and she explained what the abutters had for dwellings. Mr. Serio questioned the status of the street and it is a dirt street, not accepted. Petitioner would pave the street to their lots if the application is granted. If duplex put on each lot, four parking spaces would be needed per lot. Would petitioner have any objection to a single family home? No, said the attorney. Letter from abutters read by Mr. Nickerson(copy in file), objecting to the building of duplex homes on the parcels in question. Letter from Building Inspector, C. Foster read by Mr. Nickerson. Speaking in opposition was Mr. DiFilippo, an abutter. He claims that there are already too many cars in the area, and objects to the building of duplex homes, but has no objection to a single family home and stated that most abutters would not object to a single family home. Pictures of homes in area shown to the Board. Chief Dolan has not objection to a single family home. Most people involved have no objection to a one-family on two lots or one duplex on two lots. Motion made by Mr. Frizelle and seconded by Mr. Nickerson to take the matter under advisement. Vote was unanimous. Ronald F. Pollone Variance & Special Permit 185-187 Main Street Legal notice read by Mr. Nickerson. Attorney G. A. Stella represented the petitioner. Property purchased in 1979 as a 2-family home, and want to make a five-family out of it. R-4 allows up to 5 units without any exterior changes, but they want exterior renovated so a variance is needed. Ail side and other setbacks will be OK. Want a variance for home occupation as a tax management consultant. Parking will be in compliance with the bylaws. Will be acceptable for the elderly because of the size of the units, and being so close to the downtown area. The front units have three bedrooms. There are multi-family buildings on each side of this parcel. Because of the shape of lot, this will not derogate from the neighborhood. Nine spaces for parking have been provided on plans, could take more than nine cars if needed. Mr. Frizelle said he thought it looked like you were putting a wing on the back of the building and looked a little strange, and we should have a sketch of the building proposed. Attorney Stella stated that there was plenty of land in back and it is not near the school. Letters in favor read by Mr. Nickerson from St. Michaels's School, Fire Department, B. Hayes, abutter and Sturbridge Arms Assoc. Attorney Stella stated that the down- town area needs this type of housing and that Mr. Pollone has kept his property very Poll~ne(con'd) Page 2 nice and would do the same for any new building. Abutters on both sides are in favor of this petition. Motion made by Mr. Frizelle and seconded by Mr. Soule to take this matter under advise- ment. Vote was unanimous. A. William Kochanczyk Variance 61 Sylvan Terrace Legal notice read by Mr. Nickerson. Mr. Kochanczyk spoke for himself. His mortgage of 1979 was alright, but when he went for a second mortgage they said he needed a variance for the rear yard setback. Letter from Building Inspector read by Mr. Nickerson. Upon a motion made by Mr. Frizelle and seconded by Mr. Soule, the Board VOTED to GRANT the variance as requested from the requirements of Section 7, Paragraph 7.3 and Table 2 of the Zoning ByLaws so as to permit relief of the rear yard setback requirements for existing deck and relief from one (1) foot front setback on the premises located at 61 Sylvan Terrace. Vote was unanimous to GRANT this variance. Salvatore Coco Variance 164 Mass Avenue Legal notice read by Mr. Nickerson. Attorney G. Ritter spoke for the petitioner stating that this property is the only property between the Carl Thomas playground and the old Glennie plant. Petitioner has lived there since 1951 in a one-family house. Petitioner is now retired from Western Electric and wants to sell and move to a condo, in order to accomplish this, he would like to divide lot and sell the new one as a buildable lot. Lot A has the existing house on it and Lot B would be the new one of under 13,000 sq. ft. No proposed building as yet but did a plan to be sure that a nice building could be put there. Most of Mass Avenue has 50' frontage. Letter from Building Inspector read by Mr. Nickerson. No imput from audience, for or against this petition. Motion made by Mr. Frizelle and seconded by Mr. Nickerson to take the matter under advisement. Vote was unanimous. William R. Davis Special Permit 891 Great Pond Rd. Legal notice read by Mr. Nickerson. Mr. Davis spoke for himself stating that the family suite would consist of a small kitchen, living/dining area, small bath and one bedroom. They are presently adding to house, enlarging the bathroom and adding a master bedroom over the garage. It is all tied into the main house. No imput from audience, for or against this petition. Letters from Building Inspector and Board of Health read by Mr. Nickerson. Upon a motion by Ms. O'Connor and seconded by Mr. Frizelle, the Board VOTED to GRANT the Special Permit as requested from the requirements of Section 4, Paragraph 4.121(17) of the Zoning ByLaws so as to permit construction of a family suite above existing garage for use by Louise Beckvold, mother of Susan Davis, on the premises located at 891 Great Pond Road, subject to the following conditions: 1. The premises be occupied by Louise Beckvold. 2. The Special permit shall expire at the time Louise Beckvold ceases to occupy the family suite. 3. The Special permit shall expire at the tiem 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. The vote was unanious. Bruce I. Sachs Variance Page 3 770 Forest St. Legal notice read by Mr. Nickerson. Attorney Peter Caruso spoke for the petitioner stating that he had purchased the property in 1984 without any problem, but when he went to refinance, the bank re- fused until a variance was granted for the side yard setback. He has not changed the side since he bought the property. The 1978 occupancy permit issued was signed as 30'. Letter from Building Inspector read by Mr. Nickerson. Upon a motion made by Mr. Frizelle and seconded by Mr. Nickerson, the Board VOTED to GRANT the variance as requested from the requirements of Section 7, Paragraph 7.3 and Table 2 of the Zoning ByLaws so as to permit relief of side yard setback require- ments for dwelling existing on lot located at 770 Forest Street. The vote was unanimous. James W. Wright, Jr. Adm-Mel Corp. Variance 20-22 Camden Street Legal notice read by Mr. Nickerson. Attorney J. Willis, Jr. represented the petitioner stating that he wished to take land from the large lot and transfer it to the smaller lot thereby making it larger. One lot would consist of 5,600 sq. ft. and one of 6,400 sq. ft. Does not think that the neighbors object to this plan. Lots would have there own parking. Both streets are public ways -Lexington and Camden. Presently one lot has a 2-family home on it. No one in favor or opposed in audience, but Mr. & Mrs. Leclerc asked to look at the plans and had no opposition after seeing them. Letter from Building Inspector read by Mr. Nickerson. Upon a motion made by Mr. Frizelle and seconded by Mr. Nickerson, the Board voted to take the matter under advisement. The vote was unanimous. PLAN REVIEW Coolidge Construction Special Permit Parcel 2B, Lot 3A Dale St. Attorney McGarry presented the board with the new plans for Lot 3A and referred to the original decision made by the board and the conditions set forth. The driveway will be on the other side of the house near the lot line, and 80' to 90' from the wetland. The hill will be excavated and Coolidge will put the sewage in before a building permit is issued. There will be an underground garage and possibly a well put in. The North Andover Conservation Commission has approved the plans. If construction approved, the lawsuit will be dropped. Upon motion by Mr. Frizelle and seconded by Mr. Soule, the Board voted to approve the plans as submitted subject to resolving the pending litigation regardfng same, The Town Counsel will be requested to contact the Coolidge Construction attorney and resolve the issue. DECISIONS Ronald F Pollone Variance and Special Permit 185-187 Main St. The petitioner requests a variance from the requirements of Section 4, Paragraph 4.122(14) and Table 2 and a Special Permit from the requirements of Section 10, Paragraph 4 of the Zoning ByLaws so as to permit conversion of a duplex to accomodate five (5) single family units, on the premises located at 185-187 Main Street. Upon a motion made by Mr. Frizelle and seconded by Mr. Soule, the Board VOTED to DENY the variance and Special Permit as requested. The vote was unanimous. Pollone, con'd Page 4 The Board finds that the petitioner has not satisfied the provision of Section 10, Paragraph 10.31 and Paragraph 10.4 of the Zoning ByLaws, and if granted, would derogate from the intent and purpose of the Zoning ByLaw and adversely affect the neighborhood. Salvatore Coco Variance 164 MaSs Avenue The petitioner requests a variance from the requirements of Section 7, Paragraph 7.1, 7.2, 7.3 and 7.4.1 and Table 2 of the Zoning ByLaw so as to permit approval of building lot and variance from dimensional requirements on the premises located at 164 Mass Ave. Upon a motion made by Mr. Frizelle and seconded by Mr. Nickerson, the Board VOTED to DENY the variance as requested. The vote was unanimous. The Board finds that the petitioner failed to satisfy the providsions of Section 10, Paragraph 10.4 of the Zoning ByLaws, and if variance were granted, it would derogate from the intent and purpose of the Zoning ByLaw and adversely affect the neighborhood. James W. Wright Adm-Mel Corp, Variance 20 - 22 Camden Street The petitioner requests a variance from the requirements of Section 7, Paragraph 7.1, 7.2, and 7.3 and Table 2 of the Zoning ByLaws so as to permit variance of area, frontage, side setback and front setback on premises located at 20-22 Camden Street. Upon a motion made by Mr; Frizelle and seconded by Mr. Soule, the Board voted to GRANT the variance as requested, subject to the following condition: 1. Only a single family dwelling allowed on the 5,600 sq. ft. lot. Vote was unanimous. The Board finds that the petitioner has satisfied the provisions of Section 10, Paragraph 10.4 of the Zoning ByLaws and the granting of this variance will not derogate from the intent and purpose of the Zoning ByLaw nor will it adversely affect the neighborhood. Elizabeth M. Bilodeau Variance Martin Ave. Lots 147,148 (1) Lots 149,150 (2) The petitioner requests a variance from the requirements of Section 7, Paragraph 7.1, 7.2 and Table 2 of the Zoning Bylaw so as to permit construction of a duplex dwelling on each 9,000 square foot lot on premises know as Lots 147, 148, 149 and 150 Martin Street. Upon a motion made by Mr. Yrizelle and seconded by Mr. Nickerson, the Board VOTED to GRANT the variance as requested subject to the following conditions: 1. 0nly a single family dwelling allowed on each lot. 2. Prior to the issuance of a building permit, drainage plans for dwelling must be submitted to the Board of Appeals for review. Vote was unanimous, with Ms. O'Connnor abstaining. The Board finds that the petitioner has satisfied the provision of Section 10, Paragraph 10.4 of the Zoning ByLaws and the granting of this variance will not derogate from the intent and purposes of the Zoning ByLaw nor will it adversely affect the neighborhood. Audrey W.~aylor, C~k REGULAR MEETING May 12, 1987 The Board of Appeals held its regular meeting on May 12, 1987, Tuesday evening, in the Selectmen's Meeting room. The meeting started at 7:45 p.m. The following members were present and voting: Frank Serio, Jr., Chairman, Alfred Frizelle, Vice- chairman, Augustine Nickerson, Clerk, Walter Soule and Anna O'Connor. REVIEW Salvatore Coco - Variance - 164 Mass Avenue Attorney Ritter spoke for Mr. Coco. Mr. Frizelle stated that the period of appeal had lapsed. Attorney Ritter stated that he did comply with the 10-day appeal period. Mr. Frizelle stated that Mr. Coco could reapply without any problems. It was also stressed that any one not objecting to the plan, does not guarantee it going through. Attorney Ritter will bring a new petition to the next meeting. PUBLIC HEARINGS Paul & Beverly LeClerc Variance - 14 Camden Street Legal notice read by Mr. Nickerson, Clerk. Mr. LeClerc spoke and he wants to split the lot. Claims it is more and more of a chore to take care of the lot and that most lots in the area are of the size he would have if his lot divided. Frontage would be on Lexington Street. Petitioner wants to build a ~ingle family 7-room dwelling with a circular driveway in front. No one in audience spoke for or against this petition. Letter from Building Inspector read by Mr. Nickerson. Motion made by Mr. Frizelle and seconded by Mr. Nickerson to take the matter under advisement. Vote was unanimous. Crusader Paper, Inc. Special Permit - SW side of Clark St. Legal notice read by Mr. Nickerson, Clerk. Edward Sterns, engineer, spoke for Crusader Paper. The property is on Clark St, near cul-de-sac at end near the railroad. A 80,000 sq. ft. building that could be expanded by 20,000 sq. ft. if needed. Want access to railroad, the loading docks being far away from railroad have set the rates for the building. Siltation basis built by the cul- de-sac already, so waste water does not go into the river. Land is to be graded for convience to railroad. Petitioner will need to cut into hill and also on Clark Street. Plans have been submitted to the Planning Board and ConservationCommission for review. Bill Conroy said that rolls of paper 4-5' in diameter would be cut into smaller rolls or sheets of paper at the new plant. They only deal with finished products, so no chemicals used. About 70 people will be employed, no sales persons, only truckers. Mr. Frizelle asked how much material will be removed? Petitioner stated that gravel, and dirt mostly, totalling 180,000 yards, will be moved out and they are presently looking for a dump site. Mr. Nickerson asked how many parking spaces were alloted? According to petitioner there will be 80. Mr. Soule asked if the debris could be taken out by rail? The petitioner said that it is being reviewed. Discussion held regarding conditions that could be put on the decision should it be granted. The petitioner has been in touch with the airport regarding the height of the building, and they agree that the height is OK, planes do not take off in that direction. Letter from Building Inspector read by Mr. Nickerson. Crusader Paper, Inc. con'd Page 2 Motion made by Mr. Frizelle and seconded by Mr. Nickerson to take this matter under advisement, so that Board members could make a site visit to the property. The vote was unanimous. Orlando J. Campisi - Variance - Mablin Avenue Legal notice read by Mr. Nickerson, Clerk Attorney Willis spoke for the petitioner stating that the reason on the petition was incorrect, and that the in-laws would be living on the new lot. They need three (3) variances so another building can be put on that lot. Most lots in the area are odd shaped or u-shaped lots, approximately 7,500 sq. ft. They would like to put up a duplex, a picture shown of house desired. No one from audience for or against this petition. Letter from Building Inspector read by Mr. Nickerson. Ms. Ann Silva, an abutter said that there were no 2-family homes on Elmwood Street at present and questioned the problem of parking. Petitioner stated that there was room for parking in front and one on each side of house. Petitioner would like shed to remain if possible. Attorney Willis stated that the lot is unusual because lots in this area are smaller and in this particular area a 15,000 sq. ft. lot is much larger than most in the area. Mr. Serio stressed that he thinks a single family house will be alright. Mr. Soule did not think that a hardship had been shown. Attorney Willis said that the in-laws needed a place to live and they would help with the expenses of building the house. Motion made by Mr. Frizelle and seocnded by Mr. Soule to take this matter under adivse- merit. The vote was unanimous. UnitM Realt~ Trust-Essex(Jillys) - Variance 30 Mass Avenue Legal notice read by Mr. Nickerson, Clerk Mr. Kaminski spoke for the petitioner regarding the approximately 46,000 sq. ft. building, completely in the watershed area. He stated that the Planning Board had stipulated that the first floor elevation, which is currently E1 34.50 U.S.G.S., be raised to EL 35.2 U.S.G.S. in order that the first floor slab elevation be one (1) foot above the F.E.M.A. flood plan elevation of EL 34.2, which required raising the building height one (1) foot above the permitted zoning height. He does not feel that this will affect the neighborhood in any way. A lenghty discussion was had on the question of parking spaces. Mr. Kaminski stated that they had allowed for 97 spaces, and that there would only be one user for the entire building. According to petitioner there are enough spaces to meet the bylaw at the time of the Planning Board approval. Building will be used for administrative offices for a bank, but cannot give the name of the bank at present. Mr. Nickerson asked why the one foot could not be changed in the building and Mr. Kaminski stated that the structural steel had already been rolled and fabricated for this Job and cannot be changed. He also stated that they have all the permits necessary and approval from the Planning Board and North Andover Conservation Co~nision. Letter from the Building Inspector read by Mr. Nickerson. Motion made by Mr. Frizelle and seconded by Mr. Nickerson to take the matter under advisement. The vote was unanimous. Jefferson Children's Ctr., Inc. - Special Permit - 790 Turnpike Street Legal notice read by Mr. Ntckerson, Clerk Mr. Kaminski spoke for the petitioner stating that the architect and the day care consultant would speak later. The building to be used is completed and empty at the present time. The first floor on the farthest side of the building will be used for the day care center. Pick up and delivery of the children will be only in the specific Jefferson Children's Ctr., Inc. con'd Page 3 areas as shown on the plans. The barn has been razed. The main entrance is on 114 and would be one-way in with painted drop-off area right to sidewalk. There will be speed bumps for incoming traffic and outgoing traffic will go out the back of the office park. There will be a fenced in yard for outside activities. Marie Sweeney and Ms S. Balboni, consultants for the day care center stressed the need for a center in North Andover. Most families in area consist of two working parents and a day care is critically needed. The center will handle approximately 14 infants (3-15 months), 18 toddlers (16 months - 2 years) and 40 pre-school (2.9 yrs - 5 years). This will be a non-profit organization with a director and a volunteer Board of Directors(501 C3 status) and will not be subsidized at all. The developer will put $100,000 into the project. Attorney Shadrawy for Hamilton Realty explained about the taxes to be paid by the petitioner. Taxes are not set by how the building is used. Taxes would be changed by the assessor as of January 1 by fair market value. Developer spends this money in many places in child care center work, a charitable donation from Mr. Brown. Mr. Nickerson is not against the child care center but does not believe that this is an appropriate site. The teacher-child ratio would be 1-3 and children would be in vehicles crossing the road. Ail staff members are completely trained. A chain link fence would be around the area. This section of the site is the most remote part and only cars for the day care center will be using it. Traffic would be only at 8 a.m. and 5 p.m.. The rest of the building will be used as an office building. The day care traffic will be before the office workers arrive. There will be 12 staff members and 2 directors. At least 14 parking spaces will be available. Mr. Serio stated that he thinks this is an excellent site for a day care center. Mr. Nickerson does not like the play area away from the building, or the speed bumps or the dropoff area for the children. Attorney Shadrawy stated that the play area will only be used for one hour a day. They could have a policeman there if necessary. Mr. Serio stressed that the children will be taken into the day care center by their parents and that the area is 100 ft. from the street. By being a non-profit day care center they can offer better staff and teachers. Attorney Willis stated that there is more than enough demand for day care centers in North Andover and believes this site looks very stable and safe. Perhaps a drawgate could be put in for crossing to play area. Day care service is definitely needed. Attorney Willis represented Jim Maynard in a petition for a day care center that the Board approved. When asked, Charles Foster, Building Inspector stated that he thought that it is an excellent building and that the petitioner had addressed the problem of the children crossing the road. Questioned why would this be different from the other site you approved? Mr. Frizelle stated that the BC/BS building is in the same area, as well as the John Hancock Insurance Co., and many of these employees would be using the day care center and that would eliminate a lot of traffic, and the center would need less parking spaces. Mr. Serio asked if a guard rail could be put at the drop-off area and the petitioner said yes, and that there would be teachers there at all times to watch the children. Ail areas on floor plan shown and explained, copy of plan in file. Letter from Building Inspector read by Mr. Nickerson, Clerk. Motion made by Mr. Frizelle and seconded by Mr. Soule to take this matter under advisement. Vote wasunanimous. James & Ruth Carabello Variance - 23 Autran Avenue Legal notice read by Mr. Nickerson, Clerk. Mr. Carabello spoke for himself stating that they need a three-stall garage, and would at the same time like a family room over it. Claim they have sufficient space and the addition will not crowd the area. No abutters were in opposition to this. Carabell~, con'd Page 4 Letter from the Building Inspector read by Mr. Nickerson. Motion made by Mr. Frizelle and seconded by Mr. Soule to take the matter under advise- ment. The vote was unanimous. William C. Canty - Variance - 44 Phillips Court Legal notice read by Mr. Nickerson, Clerk. The petitioner stated that he is expanding the kitchen and wants to add a deck at that time. Upon a motion made by Mrs. O'Connor and seconded by Mr. Frizelle, the Board VOTED TO GRANT the variance from the requirements of Section 7, Paragraph 7.3 and Table 2 of the Zoning ByLaws, as requested, to permit relief from side setback for deck. The vote was unanimous. DECISIONS James & Ruth Carabello - Variance - 23 Autran Avenue The petitioner stated that he wanted to build a 3-stall garage with a family room above and that they have sufficient space and will not crowd the area. Upon a motion made by Mr. Frizelle and seconded by Mr. Soule, the Board VOTED TO GRANT the variance from the requirements of Section 7, Paragraph 7.3 and Table 2 of the Zoning ByLaws, as requested, so as to permit relief from side yard setback from 12' to 10'. The vote was unanimous. Orlando J. Campisi Variance Mablin Avenue The petitioner wanted to build a house for his son and the son's in-laws on the new lot that would be created. Upon a motion made by Mr. Soule and seconded by Mr. Frizelle, the Board VOTED TO GRANT the variance from the requirements of Section 7, Paragraph 7.1, 7.2, 7.3 and Table 2 of the Zoning ByLaws, as requested, so as to permit a sub-division of one oversized lot into two smaller lots, on the condition that only a single family dwelling be allowed on the new lot. The vote was unanimous. Paul & Beverly LeClerc Variance - 14 Camden Street The petitioner stated that it is more and more of a chore to take care of the extra lot and they would like to split it and build a home on it, fronting on Lexington Street. Upon a motion made by Mr. Frizelle and seconded by Ms. O'Connor, the Boa~ VOTED TO GRANT the variance from the requirements of Section 7, Paragraph 7.1 and Table 2 of the Zoning ByLaws so as to permit splitting of lot for future building, on the condition that only a single family dwelling be allowed on the new lot. The vote was unanimous. Unity Realty Trust-Essex(Jillys) Variance - 30 Mass Avenue Mr. Richard Kaminski represented the petitioner and stated that the Planning Board had stipulated that the first floor elevation be raised in order that the first floor slab elevation be one (1) foot above the P.E.M.A. flood plan elevation. This required raising the building height one (1) foot above the permitted zoning height. Unity Realty Trust-Essex(Jillys), con'd Page 5 Upon a motion made by Mr. Frizelle and seconded by Mr. Soule, the Board VOTED TO GRANT the variance from the requirements of Section 7, Paragraph 7.4 and Table 2 of the Zoning ByLaws so as to permit increasing the permitted building height from 45 to 46 feet, a net increase of one (1) foot, as requested. The vote was unanimous. Jefferson Children's Ctr., Inc. - Special Permit - 790 Turnpike Street Richard Kaminski spoke for the petitioner stressing the urgent need for child care in the local area and this location is central and convenient to most local businesses in need of child care for their employees. Upon a motion made by Mr. Frizelle and seconded by Mr. Soule, the Board VOTED TO GRANT the Special Permit from the requirements of Section 4, Paragraph 4.129(17) and Table 1 of the Zoning ByLaws so as to permit operation of a non-profit "Day Care Center" on the ground floor of an existing building located at 790 Turnpike Street. The vote was as follows: Mr. Serio, Mr. Frizelle, Mr. Soule and Ms. O'Connor in favor. Mr. Nickerson was opposed. Meeting adjourned at 10:55 p.m. h~rey W.~aylor, S~retary