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HomeMy WebLinkAbout1987-09-08The BOARD OF APPEALS held its regular meeting on Tuesday evening, September 8, 1987 in the Selectmen's Meeting Room. The meeting was called to order at 7:50 p.m. The following members were present and voting: Frank Serio, Jr., Chairman, Alfred Frizelle, Vice-chairman, Augustine Nickerson, Clerk, Anna O'Connor, Raymond Vivenzio and Louis Rissin, DMD. PUBLIC HEARINGS Jeffery & Paula Dunn - Variance 1907 Salem Street Legal notice read by Mr. Nickerson. Mr. Dunn spoke for the petition stating that his mother-in-law will be living with them so they need additional room. No one from the audience spoke for or against this petition. Front of ours will be 80' from the rear of theirs. In reply to Mr. Nickersons question, the petitioner stated that they do have a sunroom. Motion made by Mr. Frizelle and seconded by Mr. Vivenzio to take the matter under advisement. Vote was unanimous. Continental Cablevision Special Permit - Clay Pit Hill, Johnson St. Legal notice read by Mr. Nickerson. Mr. Brennen spoke for his petition stating that at the top of Clay Pit Hill there are two vehicles now. Programs will be switched to other satellite dishes in the future so they need two (2) more receive dishes in order to get the new programs, one (1) 4½-meter dish and one (1) 3-meter dish. Mr. Vivenzio asked what the HE on the plans stood for, and Mr. Brennen said that it was a building. The site is in R-2 zoning. Mr. Kenneth Golan spoke in opposition to this petition stressing that abutters at the base of the access road have a very bad water problem, and that the condition of the road is awful. They want it repaired before any more work is done. According to Mr. Martin(abutter) they were supposed to fix the road some time ago. He feels that the road should be completed before anything is given to the cable company. If the entire road is not paved, they would like it done as far as their property goes. Mr. Martin stated that the Town wanted the entire road done with correct drainage. Across the street there is a sediment pond and the Town digs it out every now and then. Mr. Brennen stated that they are presently waiting for a report from the NACC regard- ing the road. Mr. Serio asked how soon they needed the two dishes up there and Mr. Brennen said, sometime in December the new satellites will be in service. The testing will be done in September. Petitioner stated that they would put it out for bids as soon as they could but did not know how long the construction would take for the road, etc. Mr. Rissin asked if the petiiton conformed to all the new bylaws and Mr. Frizelle said yes. Mr. Vivenzio asked why the petitioner had waited so long to apply for the permit, and Mr. Brennen said that he had only found out about it in July and it had taken this long to get all the paper work together. The system should be upgraded in 1989-1990. The expansion of cable coverage depends on the population density or at our own option. The density is checked out all the time, with construction, we have contractors working in the field at all times. Mr. Nickerson stated that conditions would have to be put on the decision so that the road would be in before the dishes go in. Mr. Brennen stated that tomorrow is a key night because of the NACC meeting. The road is necessary for us as well as the abutters. The only problem is how long it will take to construct the roadway. Motion made by Mr. Vivenzio and seconded by Mr. Frizelle to continue the public hearing to our October 13th meeting, to give the petitioner time to submit road and drainage plans and get his decision from the NACC. Vote was unanimous. Page 2 Raymond Cant¥ - Variance - 46 Phillips Court Legal notice read by Mr. Nickerson. Mr. Canty spoke for the petition, he wants to add a family room to the house and needs a variance of 6'. They already have a variance for the porch. Mr. W. Canty (son) is an abutter and spoke in favor of the addition and stated that it will not be any closer to their house. Mr. Brodrick spoke in oppostion to this petition stating that he did not want to look at the addition from his backyard. He also stated that the porch addition was put on before a variance was granted the first time. Motion made by Mr. Frizelle and seconded by Mr. Vivenzio to take the matter under advisement. Vote was unanimous. MaryLee Spicer - Special Permit Legal notice read by Mr. Nickerson. 59 Elm Street Mr. Spicer spoke on this petition stating that he wanted to refinish an existing room on the third floor to make a studio apartment and need dormers. No change will be made in the lot lines. Previous owner used the room for storage. This would be a third living unit in the building and contain a kitchenette. Two exists will be there and we have amply parking. There will be a spiral staircase from the loft. Mr. Frizelle stated that they would also need a variance, but they could grant the Special Permit on the condition that the petitioner come back for the variance. Mr. DeAngelo stated that the petitioner should come back with architects plans for this petition. Mr. Vivenzio suggested that the petitioner withdraw without prejudice and come hack with professional plans of site and proposed construction, and that they need a variance as well as a Special Permit because of the dormer. Motion made by Mr. Vivenzio and seconded by Mr. Frizelle to allow the petitioner to WITHDRAW WITHOUT PREJUDICE. The vote was unanimous. David R. Scanlon Variance - 322 Middlesex Street The Board received a letter from the petitioner requesting that he be allowed to withdraw without prejudice. Motion made by Mr. Vivenzio and seconded by Mr. Frizelle to allow the petitioner to WITHDRAW WITHOUT PREJUDICE. The vote was unanimous. DECISION John & Evelyn DiGaetano - Variance - 177 Great Pond Road Upon a motlon made by Mr. Vivenzio and seconded by Ms. O'Connor, the Board voted to GRANT the variance as requested. Voting in favor were Mr. Serio, Mr. Nickerson, Mr. Vivenzio and Ms. O'Connor. Mr. Sullivan sat on the original hearing but was absent from this meeting. PUBLIC HEARING Alan D. Solomont, Partner North Andover Associates Special Permit 1803 Salem Turnpike Route 114 Legal notice read by Mr. Nickerson. Page 3 Alan D. Solomont (con'd) Attorney J. James stated that Mr. Solomont would present the petition to the Board. The nursing home would consist of 142 beds, 66 2-bed rooms and 10 1-bed rooms for a total of 142. The facility would be on a 4± acre site. The State Department of Public Health has granted their permit and feel that the need exists for more nursing homes. The petitioner believes that this land is appropriate for this type of facility an R-2 zone bordered by the State Forest. Claims that this petition will not have any adverse affect on the Town or the neighborhood. David H. Dunlap, the architect for the project spoke for the petitioner, showing site plans and drawings and designs of the anticipated buildings. Stated that with the help of Mr. Solomont, he had eliminated many errors made by other architects usually made in nursing home design. The building meets all the requirements of R-2 zoning onRoute 114, plan to have two entrances from Rt. 114 and the DPW will determine the curb cuts on Route 114. Mr. Serio questioned why there is a need for two entrances from Route 114, and Mr. Dunlap stated that one would be for the doctors, visitors, handicapped, etc, because of the easy access to the elevator, etc. The second entrance would be for the employees and any deliveries. He stressed that the sight lines were excellant from both exits and the area will be graded to provide for this. The State will decide on the actual curb cuts at a later date. The ambulance will have a seperate entrance and the area fully landscaped. The building is set back 100' from the lot line. Complete access around the building is provided for the Fire Department. Some of the lot will be left as is and the landscaping worked into it. Ail building codes will be adhered to. The first floor will contain business offices, administration, gift shop, chapel,laundry, activity rooms, etc. Second and third floors will be the bedroom areas for active and intermediate patients. Mr. Serio asked about the house that is presently on the land. Mr. Dunlap stated that the house may be used or it may not be. The house is 25' from the paving. Mr. Serio asked it it would obstruct the view and Mr. Dunlop said no, with the.new grading the visibility~wii1 be good. Petitioner feels it would make a positive contribution to the Town as well as the senior citizens of the Town. The running of the nursing home will be similar to the Prescott House. Mr. Frizelle asked if it met the square footage of Table 2 and Mr. Solomont said yes. Mr. Vivenzio asked if it met the parking requirements of the new bylaw, and Mr. Solomont stated that they had provided 78 spaces, although only 76 were needed. Lisa Fiore, 16 Berry St, an abutter asked about the sewage and if they would be tying into Town sewers, Mr. Solomont said that as soon as the sewer system was put along Route 114, they would tie in. The nursing home will have a septic system and will have a leeching field, from facility to tank to leeching area. Will be viewed by the Town before any building is done. There is a holding tank but not one that has to be pump- ed out, a holding tank of 22,000 gallons. Mr. Vivenzio asked if a leech field could be under a driveway and Mr. Borgasi said yes, and that the perk tests have already bed done, as well as deep test fits(last spring). Mr. Frizelle asked if there was enough water in the lake to service this facility, and Mr. Borgesi said yes, the only problem is taking the water out of the lake, but the water treatment plant will take care of that. Ms. Fiore asked how you figure out the amount of water needed, and Mr. Solomont said that Title 5- Nursing Homes has a specific amount listed. The water treatment plant will take 24 months to construct, and the nursing home is expected to be completed in 18 months. Mr. Solomont stated that the original site was too small and that they added two acres to the site, purchased the land next to site so had to change the perk and leech field area. State enviromental information sent to Town Clerk, Planning Board and NACC. There will be approximately 35-40 employees on the first shift and about 90 all together. Mr. Solomont said that their reputation should speak for itself. The only complaints are that there are not enough rooms for everyone. There are time frames that they have to meet and they would appreciate the help of the Board and will work with them. Motion made by Mr. Frizelle and seconded by Mr. Nickerson to continue this hearing to the October 13, 1987 meeting. Vote was unanimous. DECISIONS Jeffery & Paula Dunn Variance Page 4 1907 Salem Street Motion made by Mr. Frizelle and seconded by Mr. Vivenzio to GRANT the variance as requested to permit relief of Section 7, Paragraph 7.3 and Table 2 of the Zoning ByLaw so as to permit construction of an addition to existing home on the premises located at 1907 Salem St. The vote was unanimous. Raymond Canty Variance 46 Phillips Court Motion made by Hr. Frlzelle and seconded by Mr. Vivenzio to GRANT the variance as requested to permit relief from Section 7, Paragraph 7.3 and Table 2 of the zoning bylaws to permit addition of family room to existing building. Vote was unanimous. Mr. Serio announced that the Maynard court case scheduled for this date has been rescheduled to September 22, 1987 at the same time, 9:30 a.m. Meeting was adjourned at 9:30 p.m. Next regular meeting will be held on October 13, 1987 at 7:30 p.m. in the Selectmen's Meeting Room. ylor, S