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HomeMy WebLinkAbout1987-10-13The Zoning Board of Appeals held it regular meeting on Tuesday evening, October 13, 1987 in the Selectmen's Meeting Room, starting at 7:35 p.m. The following members were present and voting~ Frank Serio, Jr., Chairman, Alfred Frizelle, Vice-chairman, Augustine Nickerson, Clerk, Walter Soule, Raymond Vivenzio, Anna O'Connor and Louis Rissin. PUBLIC HEARINGS: Sanlau Realt~(Messina's) Variance 109-123 Main Street Legal notice read by Mr. Nickerson. Ann Messina of Sanlau Realty represented the petitioner. A copy of the new sign was shown to the Board, and if the new sign were erected 10' from the lot line, it would it would be in the parking area. They are looking for permission to replace the present sign, in the same spot, with a new smaller sign(10' high x 9' wide) No one spoke in opposition to this petition. Upon a motion made by Mr. Frizelle and seconded by Mr. Nickerson, the Board voted to GRANT the variance as requested. Vote was unanimous. John & Sharon Shaw Variance 230 South Bradford St Legal notice read by Mr. Nickerson. Mr. Shaw spoke for himself stating that he wanted a family room on the back of the house instead of the present porch. Plot plans were shown to the Board. Due to the design of the house, central core is very noisy, want to replace the porch with a room in order to have more quiet, and need a 10' variance for the new room. Mr. Frizelle asked how close the abutters were; one on hill and one behind, Mr. Zahoruiko but most are at least 150'-200' away. Letter from Mr. Zahoruiko read by Mr. Nickerson, as follows: "I visited your office at the Town Hall today and indicated to the two ladies there that I would be unable to attend the meeting on October 13, 1987, regarding the legal notice shown below, because I will be in Colorado during most of October; but that I do want to state my opposition to the variance being proposed below(legal notice re: Shaw). The ladies indicated that I could send a letter to the Board of Appeals stating my views. This is that letter, and I am opposed to granting the variance. The lots out here on South Bradford are a minimum of (1) acre, which is a lot of room. It would appear that the house in question already is at the bare minimum of 30' from lot line and I would not want to see that reduced in this direction." Signed John F. Zahoruiko-9/21/87 The front of the lot is unbuildable because of hill, the driveway is 340' long, and the septic system is beside the garage. Upon a motion made by Mr. Frizelle and seconded by Mr. Soule, the Board voted to take the matter under advisement. The vote was unanimous. James & Sandra Cassell Variance 15 Forest Street Legal notice read by Mr. Nickerson. Mr. Cassell spoke for himself stating that the present driveway is under cut and water does not drain correctly. He wants to move the garage from the north side of the house and put a garage under with a family room and bathroom over it. The house was built before the zoning was changed. Mr. Soule asked where the driveway would be and Mr. Cassell said it would by along the north property border. There was no opposition from the floor. Page 2 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. Joseph Carroll Variance Lot A & B, East Side of Booth No one at meeting to represent Mr. Carroll, so the petition was tabled for later in the meeting. Michael J & Anna P. Bova Variance 119 Duncan Drive Legal notice read by Mr. Nickerson. Mr. Bova spoke for himself stating that the lot line is approximately 38' from the existing foundation now and he wants a 16' addition to this. Drainage and water problem. Housebuilt in 1982, has two-car garage under now, and have very little drainage. The basement fills up in the Spring. Want to raise the garage area 9' and pitch the water away from the building. Water comes into the garage from wooded area. No one in favor or opposed in audience. 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. James Mavrokos Special Permit 88-90, 88A-90A Pleasant St. Legal Notice read by Mr. Nickerson. Petitioner wants to convert a four-family dwelling into a five-family dwelling. There are presently two 2-bedroom units on the first floor, and one 2-bedroom and one 3-bed- room unit on the second floor. They intend to make a 2-bedroom unit on the third floor, taking one of the second floor bedrooms for this change.There will be ten (10) parking spaces and no parking on Pleasant Street. The 15,600 sq. ft. will handle five units. Most units on the street are multi-family. There will be no exterior changes except sky lights will be added to the roof. Ail stairways are existing already and the 3rd floor has two entrances now. Petitioner stated that this would be an asset to the neighborhood. With the 3rd unit, it would make it more affordabel for petitioner to to make inside repairs. He stated that he does not intend to turn them into condos in the near future. Board asked if the parking could be in the back, and petitioner said it could be done if the Board required it. With five (5) units, there would be ten (10) parking spaces provided. No one at the meeting spoke in favor or opposition to this petition. 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. Joyce D. Patracone Variance 90 Sutton Street Legal notice read by Mr. Nickerson. Mr. Keith Piper, attorney from the McGarry law firm spoke for the petitioner. The building in question is NASA 495 Building, built in 1967, as 30 apartments, 10 on each of three floors. Decision from the Board of Appeals in 1968 stated that the ground level in back have no liveable space. Presently professional offices in the front on the first floor. He stated that the R-5 zone permits mixed use in this building. They do not feel that continusing this use would been detrimental to the area. The site is across from the railroad tracks and next to a restaurant. The petitioner would like conformation that the present use is legal. Want confirmation of the original variance and special permit of 1968. The present use has existed as is since 1973 when the petitioner purchased the property. Page 3 Jo¥ce D. Patracone (eon'd) No one spoke in favor or opposition to this petition. Upon a motion made by Mr. Frizelle and seconded by Mr. Nickerson, the Board voted to continue this petition to our next meeting, November 10, 1987. The vote was unanimous. Ecole L. $iderl, Jr. Variance 6 Russell St. Ecole L. Sideri, Jr. Variance 412 Main Street Legal notice read by Mr. Nickerson. Attorney C. Perrault represented the petitioner. Did not get a building permit in 1964 when 412 Main Street was purchased. Parcel A was purchased in 1978-79. Petitioner assumed he could put the swimming pool any where because he owned the two lots. They want these variances so that the swinnning pool will be one one lot and not divided on two lots. The petitioner needs a variance for area and frontage but believes will not have a 10' setback even with the new variance. The 24x40 cabana is larger than expected and it does not meet the bylaw allowance. The cost of the pool and cabana was #20,000. Petitioner claims that an error was made in good faith, and would like to make it a legal lot. If sold, the new owners would know that the lot was legal in an R-3 zone. Lot 1 has 14,000 sq. ft.±, and Lot 2 has 8,400 sq. ft.± Mr. Frizelle stated that he cannot see any hardship because of this error on the part of the owner, and asked what alternatives the petitioner has. Attorney Perrault stated that this is the only alternative that they can come up with, by moving the lot lines. It would be too expensive to fill in the pool and tear down the cabana. Mr. Nickerson said that if the pool were put with the other house(Russell St.) they would not need a variance. Attorney Perrault said that they have talked of a condo conversion, with the two houses using the pool but decided against it. Pool 4-5 years old. No one spoke for or against the petition from the audience. Upon a motion made by Mr. Nickerson and seconded by Mr. Frizelle, the Board voted to take the matter under advisement. The vote was unanimous. Joseph Carroll Variance Booth & Saville Streets Legal notice read by Mr. Nickerson. Attorney G. Stella spoke for the petitioner. Land off 114 recorded on 1913 plan as 12 lots on Saville and Booth near Wallace Street. They were 30'xlO0' in size, as Lot A - 1917 - 6 parcels, Lot B - 1925 4 parcels, 1935 - 4 parcels for a total of 8 on Lot B. There are no houses on lots now. Petitioner needs a frontage and area variance in order to build, Ail parcels in the area are under 25,000 sq. ft. Board asked where would it come out, on 1147, Petitioner stated that Booth Street will be the only one used. Mr. Frizelle stated that curb cuts onto Route 114 have to be gotton from the State. Presently Booth and Saville are paper streets. The sewer will be put in by the new owner, and Mr. Cyr wants them to run the sewer line on Booth Street, tying in the Osgood Pumping Station. No one spoke in favor or opposition to this petition. Mr. Cataldo asked what effect would it have on Booth Street? Petitioner stated that it would enhance the area and bring the sewer line into your street. Attorney Stella stressed that the hardship to the petitlo~er would be that the parcels could not be sold as 30' lots. Upon a mo~ion made by Mr. Frizelle and seconded by Mr. Nickerson, the Board voted to take the matter under advisement. The vote was unanimous. CONTINUED PUBLIC HEARINGS Page 4 Continental Cablevision Johnson Street - Special Permit - Clay Pit Hill Petitioner gave the Board copy of time schedule for period 9/9/87 to 10/9/87. They have been in touch with the NACC and have an appointment to go over the Order of Condition this week. The NACC deadline is December 1, 1987. Petitioner stressed that they have to have it done by the middle of November. They have the surveys ready and it has to be staked. Mr. Frizelle questioned what this would do for the abutters? Petitioner stated the area of abutters would have a curb on each side and a system of new catch basin so that the water will run off. The new system of catch basins will prevent any overflow. The petitioner stated that the complete road would be paved. Their time frame is December and they stated that they should be testing the diahes now. Mr. Rissin asked why they needed new dishes? According to the petitioner the dishes only last about ten years and they also need additional dishes for the new satelite. The petitioner stated that the dishes have to be aimed at the correct satelite and what they are doing now is not expansion, but maintenance and upgrading. Upon a motion made by Mr. Frizelle and seconded by Mr. Nickerson, the Board voted to GRANT the Special Permit with the following condition: 1. Before a building permit or any other type of permit allowing construction on the site is issued, the access road must be paved and all the conditions of the NACC Order of Conditions, dated August 26, 1987, be met. Vote was unanimous. Alan D. Solomont Special Permit Route 114 1803 Salem Turnpik, Attorney J. James Jr. spoke for the petitioner. He presented the required form to the Board and said they were ready to answer any questions that the Board might have. Mr. Vivenzio stated that the State sais that the petition was different from the one presented to the State. Mr. Serio said that the driveway alignment on Berry St. would be alright per DPW. Mr. Frizelte asked if 2 curb cuts were needed~ and the petitioner said yes. The petitioner said that their timetable would have the construction starting in April or May and would take 12-14 months to complete. If sewer en route when we build, we will tie in some rough lines anyway just in case. Plans must be submitted to the Board of Health before construction can start. The septic systems are to be in rear of site and sewer site in front. The petitioner met with the builders of the other complex acrosss the street where 200 condos will be built and they are putting in the sewer system, and the time table will be acout the same as petitioners. Will be a private system but the Town will help by collecting from the residents for tying in. Mr. Frizelle stated that this would create a lot sewerage and sewers are a very large expense. About $2 million to bring in with pumping station. Petitioner stated that the State will only reimburse us for so much money and only allow 10% over. Builder said about $70,000 to #100,000 for septic system with a Certificate of Need. No others at the meeting spoke for or against this petition. Upon a motion made by Mr. Frizelle and seonded by Mr. Nickerson, the Board voted to take the matter under advisement. The following voted on this petition, Serio, Frizelle, Nickerson, Vivenzio and O'Connor. The vote was unanimous. DECISIONS Joseph Carroll Variance Page 5 Booth & Saville Streets Upon a motion made by Mr. Frizelle and seconded by Mr. Soule, the Board voted to GRANT the variance as requested, with the following conditions: 1. Only one-family dwelling permitted on each new lot. 2. Town water and sewer must be tied into each new lot. Vote was unanimous, Alan D. Solomont, Partner North Andover Associates Special Permit Route 114 1803 Salem Turnpike Upon a motion made by Mr. Frizelle and seconded by Ms. O'Connor, the Board voted to GRANT the Special Permit with the following conditions: 1. Ninety (90) parking spaces must be provided. 2. The house on thel ot must be used only for ancillary purposes of a nursing home or it must be razed. 3. The driveway is to have one entrance/exit in conjunction with Berry Street and per approval of the Town of North Andover and MS DPW. 4. A complete dry sewer line shall be constructed from the building and run to the road. If at any time construction of sewer line on Turnpike Street is completed to which the public have access, the petitioner must tie into it within six (6) months of approval of the sewer line by the Board of Public Works. 5. The North Andover Board of Public Works must certify that there is a sufficent supply of water and sufficient pipes to service the nursing home. This information must be presented to the Board of Appeals prior to the issuance of a building permit or any other type of permit for construction on the site. Vote was unanimous. John & Sharon Shaw Variance - 230 S. Bradford Street Upon a motion made by Mr. Frizelle and seconded by Mr. Soule, the Board voted to GRANT the variance as requested. Because of the typography of the land, it re- quired that the house be built at the top of the hill, thereby limiting the useable land. Vote was unanimous. James & Sandra Cassell - Variance - 15 Forest Street Upon a motion made by Mr. Frizelle and seconded by Mr. Soule, the Board voted to GRANT the variance as requested. Vote was unanimous. Michael J & Ann P. Bova - Variance - 112 Duncan Drive Upon a motion made by Mr. Frizelle and seconded by Mr. Soule, the Board voted to GRANT the variance as requested. Vote was unanimous. Page 6 DECISIONS (con'd) John Mavrokos - Special Permit - 88-90, 88A-90A Pleasant St. Upon a motion made by Mr. Frizelle and seconded by Mr. Rissin, the Board voted to GRANT the Special Permit with the following condition: 1. Ten (10) parking spaces parallel with the house must be provided, as shown on the plans, existing apron removed and landscaped, and construction of parking spaces be completed prior to the issuring of a building permit or any other type of permit. Vote was unanimous. Ecole L. Sideri Variance 412 Main Street Upon a motion made by Mr. Frizelle and seconded by Mr. Nickerson, the Board voted to DENY the variance as requested. Vote was unanimous. Ecole L. Sideri - Variance - 6 Russell Street Upon a motion made by Mr. Frizelle and seconded by Mr. Nickerson, the Board voted to DENY the variance as requested. Vote was unanimous. The meeting adjourned at 10:00 p.m. The next regular meeting will be on Tuesday, November 10, 1987 at 7:30 p.m. in the Selectmen's Meeting Room. Audrey WU Taylor Secretary Frank~'Serio, Jr., ~irman