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HomeMy WebLinkAbout1987-06-09REGULAR MEETING June 9, 1987 The Board of Appeals held its regular meeting on Tuesday evening, June 9, 1987 in the Selectmen's Meeting Room at 7:30 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, CONTINUED PUBLIC HEARING Alan D. Solomont, Reb Sarah Realty Trust Special Permit (life care) Special Permit (nursin~ home) E side of Chestnut St. Chestnut Street Letter from Attorney James read by Mr. Nickerson, Clerk. The petitioner requests a postponement of these petitions until the August llth meeting. Motion made by Mr. Frizelle and seconded by Mr. Soule to GRANT the postponement as request. The vote was unanimous. PUBLIC HEARINGS Gilbert Rea Special Permit - 44 Rea Street Legal notice read by Mr. Nickerson. Mr. Rea spoke for himself requesting an earth removal permit that he applies for yearly. No one from the audience spoke for or against this petition. Upon a motion made by Mr. Frizelle and seconded by Mr. Soule, the Board VOTED the Special Permit as requested with the same conditions as normally required. was unanimous. to GRANT The vote Salvatore Coco Variance 164 Mass Avenue Legal notice read by Mr. Nickerson, Clerk. Attorney Ritter spoke for the petitioner, stressing that this was a completely new application from the one submitted last month. The Board looked at the new plans. Mr. Coco wants to create a new lot for the present building and a new building lot. Both lots would have 50' frontage and approximately 10,000 sq. ft area. Letter from John Simon, Planning Board member, read by Mr. Nickerson stating that this petition if granted would create two (2) sub-standard lots. Motion made by Mr. Frizelle and seconded by Mr. Nickerson to take this matter under advisement. Voting on this petition were Mr. Serio, Mr. Frizelle, Mr. Nickerson, Mr. Soule and Ms. O'Connor. Stephen R. Doherty Variance 65 Second Street Legal notice read by Mr. Nickerson. Attorney Manougian spoke for the petitioner stating that most lots in the area were undersized. One problem with the parcel is that a sewer line runs through the property to Mr. Giard's land. Mr. S. Doherty stated that he will be responsible for installing a new 6" sewer line for Lot A, Lot B and Mr. Giard's parcel at no expense to Mr. Giard. The petitioner would construct a 26' x 40' house on the new lot according to the lawyer. Letter from John Simon, Planning Board member read by Mr. Nickerson, Clerk. Letter from Attorney Manougian read by Mr. Nickerson, Clerk, and petition from abutters objecting to this application was also read by Mr. Nickerson, Clerk. Mr. E. Nietsche stated that he agreed with the Planning Board letter objecting to this petition. According to Mr. Giard, he has contacted the Board of Public Works and they cannot tell him where the sewer line goes. He has no easement for this sewer. He claims that this same petition has been before the Board twice before. Stephen R. Doherty(con'd) Page 2 Mr. Paul Vicensky asked if it is true that there are certain requirements that the pet~tioner have to meet before they are granted a variance or special permit? Mr. Serio replied, yes, but the Board does have some leeway to grant this petition. Mr. J. Simon stated that this had not come before the Planning Board. Mr. Serio stated that there are sub-standard lots by todays rules, and the hearing brings these require- ments to the attention of the Board. Many conditions enter into our decision. The plans did not show the new building anticipated. Motion made by Mr. Frizelle and seconded by Mr. Vivenzio to take the matter under advisement. Vote was unanimous. Michael S. Nicolosi Variance - 1187 Salem St. Legal notice read by Mr. Nickerson. The frontage would be on Salem St., seek to sub- divide so that a one family home could be put on the new lot. Wants to have his sisters reside close by. Attempted to speak to neighbors and some are at the meeting. Neighborhood is unique, lots are of a smaller size. This lot, in question, is one of the larger lots on the street. The two lots would be closer to size to the other lots in the R2 zone. State land borders this lot. This land would not have any other use or value if not used for a house. They would preserve a green area in front or back if required. Mr. E. Nietscbe, an abutter, spoke in opposition to this petition. Letter from John Simon, Planning Board member, read by Mr. Nickerson. Clerk. Mr. Hajjar expresssed his opposition to the petition stating that there is a hill there and it is very dangerous in that area. They do not need another house in the area. Mrs. Hajjar stated that the division of property would change the character of the neighbor- hood as all are acre lots in that area. There has been a lot of new construction on Salem Street in the past year. Laws should not be bent because this would change the neighborhood. We have been here 15 years, have to replace our mailbox every two years. The Town Manager is attempting to keep town land and lots at a good size. Attorney James stated that the petitioner is extremely sensitive to his neighbors opinions and wishes to withdraw this petition, without prejudice. Motion made by Mr. Vivenzio and seconded by Mr. Frizelle to allow the petitioner to withdraw the petition without prejudice. The vote was unanimous. James & Sandra Cassell - Variance - 15 Forest Street Legal notice read by Mr. Nickerson, Clerk. Mr. Cassell spoke for himself. Mr. Vivenzio stated that the plans were not proper for this petition and suggested that Mr. Cassell withdraw the petition without prejudice until the correct plans are obtained. Upon a motion made by Mr. Vivenzio and seconded by Mr. Frizelle, the Board VOTED to allow the petitioner to withdraw without prejudice. The vote was unanimous. Robert Turner Special Permit 54-56 Saunders St Legal notice read by Mr. Nickerson, Clerk. Mr. Turner spoke for himself stating that there would be no outside changes. He wants to have a third floor on the building. He has lived at that address for 37 years and has owned the property for seven (7) years. Presently there are four (4) parking spaces and he will add three more, a total of 7 in all. Mr. Nickerson asked where the parking would be, and the petitioner stated that the tree and bushes in the front of the house will be taken out. Mr. Turner said that parking could be put in back. Mr. Frizelle requested a plan of land before any decision is made, because of the limited space. Need to know exact area for parking. Motion made by Mr. Frizelle and seconded by Mr. Soule to contine this petition to the August 11, 1987 meeting and that the petitioner present plot plans showing proposed parking in rear. Vote was unanimous. Page 3 W. Stephen & K. A. Borys - Special Permit 76 Boxford St. Legal notice read by Mr. Nickerson, Clerk. Their attorney spoke for the Borys stating that there was adequate space on the lot and that the petitioner wanted a family suite for their parents. Mr. Vivenzio asked if the plans met the new by-law passed at the Town Meeting, and Mr. Serio said yes because the bylaw had not been signed by the State yet. The room will be 16' by 22' and consist of 1,000 sq. ft.of living space. The Board was presented with photos of Mr. & Mrs. McCarthy. Upon a motion by Mr. Soule and seconded by Mr. Frizelle, the Board VOTED, unanimously, to GRANT the Special Permit as requested, subject to the following conditions: 1. The premises be occupied by Eugene & Anne McCarthy. 2. The Special Permit shall expire at the time Eugene & Anne McCarthy cease to occupy the family suite. 3. The Special Permit shall expire at the time the premises are con- veyed 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. Robert Labadini - Special Permit 35 Bay State Road Legal notice read by Mr. Nickerson, Clerk. Mr. Labadini spoke for himself. Home constructed~ in 1942 as a one-family home. In 1984, it was made into a 2-family unit, and then a 3-family dwelling. Was occupied as a 3-family unit when purchased and he did not know that it was not a legal 3-family dwelling until recently. In the first three years it was owner-occupied as a three family dwelling. Parking com- plaints were given to the building inspector and petitioner was informed that there never had been a 3-family decision put on this property. If this is returned to a 2-family dwelling, it would be very difficult because one tenant would have to be evicted. Petitioner stated that in this zoning area, the Board can grant up to 5 units without any outside changes. One renter was parking more vehicles that he should and the matter has been taken up with the tenant and corrected. More parking could be provided behind the pine tree, at least 6 spaces without any street parking. Property is in R-4 zone, and no construction has taken place during present ownership. First floor consists of 5 room, 2 bedrooms; second floor consists of 4 rooms, 2 bed- rooms; and third floor consists of 3 rooms, 1 bedroom. In 1984 the petitioner did not investiage the problem of a three-family dwelling. The market was very fast at that time. I worked at Wang then, now have a small business. Mr. Frizelle asked if the parking could be moved to the left and petitioner answered yes, possibly. Speaking in opposition to this petition were Carl Pesata, Jim Chargmini, Ed Laycock and Henry Hibbits, stressing the overcrowding and limited parking spaces. Upon a motion by Mr. Frizelle and seconded by Mr. Nickerson, the Board VOTED to take the matter under advisement. Ail board members would like to look at the site before making a decision on this petition. The vote was unanimous. K.M.T.K. Realty Trust Special Permit - 296/298 Sutton St. Legal notice read by Mr. Nickerson, Clerk. Mr. B. Foster spoke for himself regarding the Special Permit. It is an R-4 Zone and the house if about the same as others in the area. It would be a third floor Dutch flat, and a skylight may be added. It was originally purchased in 1986. Ail are multi-family homes in the area. The parking problem is that there is no parking on Sutton St.. Have a 10' right-of-way on Grosvenor Street to a two-stall garage. He plans to raze the garage and pave the driveway and provide 6 spaces for parking. There would be only one way to get in and out. Any suggestions from the Board would be welcome, such as bushes or fences so that a yard would be available for the tenants. K.M.T.K. Realty Trust (con'd) Page 4 Kenneth J. Kelley stated that he has lived at 18-20 Grosvenor Ave. for about 10 years and is concerned about the neighborhood. Mr. Kelly stressed that Mr. Foster would not be a live-in landlord and there are times that the tenants can cause many problems. He wants assurance that it be done effectively and that they need a fence or buffer zone, also claims that the rubbish should be put on Sutton Street and not on Grosvenor St. There is a great deal of traffic and the only fence there is beside the pool. Mr. Kelley wants a survey done to see if the driveway is on his land and make sure that the driveway is legal. Mr. Foster stated that he realizes that there was a problsm with one tenant, but due to illness in his family, he had let a real estate agent rent the apartment. The tenants in question will be leaving the first of July. Mrs. Haphey wanted it in the record that she was against this petition. Mr. Foster stated that the garage will be razed regardless of the decision on this petition. Upon a motion by Mr. Frizelle and seconded by Mr. Vivenzio, the Board VOTED to take this matter under advisement. Robert Salemme Special Permit - 50 Boxford Street Legal notice read by Mr. Nickerson, Clerk. Mr. Salemme spoke for himself and wants a family suite for his mother-in-law, Sophie Eoonis. Attorney for Barbagallo family wanted to make sure that they have the right to appeal the decision if they do not approved of it. Mr. Serio reassured them that there is a 20-day appeal period after the decision is filed with the Town Clerk. Upon a motion by Mr. Vivenzio and seconded by Mr. Frizelle, the Board VOTED, unanimously, to GRANT the Special Permit as requested, subject to the following conditions: 1. The premises be occupied by Sophie Eoonis. 2. The Special Permit shall expire at the time Sophie Eoonis ceases to occupy the family suite. 3. The Special Permit shall expire at the time 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. David A. Kindred - Trustee of Family Trust Variance Special Permit Lot 7B Marblerid~e Road Legal notice read by Mr. Nickerson, Clerk. Attorney Willis spoke for the petitioner stating that the house is located 200' back from the street, and the pool and cabana are at the rear of the house. No objections were received from the neighbors. U½on a motion by Mr. Frizelle and seconded by Mr. Nickerson, the Board VOTED, unanimously, to GRANT the variance and special permit as requested. DECISION Crusader Paper, Inc. - Special Permit SW side of Clark St. Upon a motion made by Mr. Frizelle and seconded by Ms. O'Connor, the Board VOTED to GRANT the Special Permit for the removal of fill on the site as set forth in the plans presented on May 12, 1987 subject to the following conditions: All vehicles must turn left on Route 125 when leaving Clark Street; Strick adherence to Section 5 of the Zoning ByLaws as follows: Section 5, Paragraph 5.7 - Operation Standards; Paragraph 5.8 Restoration Standards; Paragraph 5.9 - Security Requirements. The petitioner shall provide police coverage at the corner of Route 125 and Holt Road from 2 p.m. to 6 p.m., Crusader Paper, Inc. (con'd) Page 5 Monday through Saturday. The petitioner shall post a bond Treasurer and shall pay all fees before a permit for removal is issued. The vote was as follows; in favor, Mr. Serio, Mr. Frizelle, Mr. Nickerson amd Ms. O'Connor. Opposed, Mr. $oule. Copies of the above BYlaws are attached to the decision. Salvatore Coco Variance 164 Mass. Ave. Upon a motion made by Alfred Frizelle and seconded by Augustine Nickerson, the Board VOTED, unanimously, to DENY the variance as requested. The Board finds that the petitioner has not satisfied the provisions of Section 10, Paragraph 10.4 of the Zoning ByLaws and the granting of this variance would derogate from the intent and purpose of the Zoning ByLaws. Stephen R. Doherty Variance 65 Second Street Upon a motion by Mr. Vivenzio and seconded by Mr. Nickerson, the Board VOTED to DENY the variance as requested. The vote was as follows: In favor, Mr. Vivenzio, Mr. Nickerson, Mr. Serio and Mr. Soule. Mr. Frizelle abstained. EXTENSION REQUEST Robert J. Palumbo, Trustee of Business Park Realty Trust Special Permit - Flagship Drive & off Route 114 Mr. Nickerson, Clerk read a letter from Caffrey & Caffrey representing Robert J. Palumbo. The petitioner was granted a decision for a Special Permit so as to permit a 100' extension of industrial use into a residential district. This was granted in July of 1985 and the petitioner is asking for a one year extension of this Special Permit. The Board VOTED to GRANT the extension of the special permit, the vote was as follows: In favor; Mr. Serio, Mr. Frizelle, Mr. Nickermon and Ms. O'Connor. Mr. Soule abstained. The meeting was adjourned at 10:30 p.m. The next meeting will be on August 11, 1987.