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HomeMy WebLinkAbout1987-11-10The Zoning Board of Appeals held its regular meeting on Tuesday evening, Novermber 10, 1987 in the Selectmen's Meeting room, starting at 7:30 p.m. The following members were present and voting: Frank Serio, Jr., Chairman, Alfred Frizelle, Vice-chairman, Walter Soule, served as Clerk in the absence of Mr. Nickerson, Mr. Raymond Vivenzio, Anna O'Connor, and Louis Rissin. PUBLIC HEARINGS Suzanne Luttrell Special Permit - 105 Kara Drive Letter from Suzanne Luttrell read by Mr. Soule as follows: "Dear Zoning Board of Appeals; Please withdraw without prejudice the request for a Special Permit to operate a group day care center for infants and toddlers at 105 Kara Drive, North Andover, MA., Sincerely, Suzanne Luttrell." 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. Special Permit - 980 Osgood Street North Andover Texaco - Variance Legal notice read by Mr. Soule. Petitioner was not at the meeting as yet, so the Board tabled the petition until later in the meeting. Geraldine M. Stella, trustee 5-star Realty Trust - Variance 1439 Great Pond Road Legal notice read by Mr. Soule. Attorney George Stella spoke for the petitioner, his wife stating that the original measurement of 30' did not include the porch. With the porch the side line is 20'. The Building Department issued a building permit last year and when petitioner tried to refinance, the bank said they needed a variance. Have an easement from the next door neighbor for scenic purposes. Mr. Serio asked what a scenic easement was and Attorney Stella stated that it is that no building can be done on the property, only trees, shrubs, lawn or grass. Attorney Stella said that the easement would be filed with the mylar at the Registry. The building permit was shown to the Board and put into petitioners file. Mr. M. Stella, Jr. spoke for the petitioner in favor of this variance. Upon a motion made by Mr. Frizelle and seconded by Mr. Soule, the Board voted to GRANT the variance as requested. The vote was unanimous. Anthon y & Ann Conte Special Permit - 11-13 Third Street Legal notice read by Mr. Soule. Attorney M. T. Stella, Jr, spoke for the petitioner. They wish to convert a two-family dwelling into a four-family dwelling in an R-4 district. No outside changes would be made except the removal of a porch. Most of the area is multi-family dwellings. The parking will be eight (8) spaces as re- quired. Petitioner feels that they have satisfied Section 10.31 of the ByLaw and are in compliance. Attorney Stella said that this will be good for people of re- tirement age being so near the center of Town. Letter from abutters in favor put into applicant's file. The building would have four 1-bedroom units if special permit granted. Letter from Scott A. Stocking, Town Planner read by Mr. Soule as follows: "Should the Board see fit to grant this Special Permit, Staff suggests that the rear parking area be redesigned to meet the following criteria: 1) Zoning ByLaw calls for parking spaces to be a minimum size: 9' x 18'. 2) Existing design allows for a 13' wide backout area for spaces 2-6. This space is not sufficent to provide needed backout room for cars. Page 2 Anthony & Ann Conte(con'd) 3) As designed a large car parked in space #1 will allow a 10' side passing space to access the rear parking spaces. A l0T wide space is not sufficent. 4) Would request that a minimum 5' buffer area be provided between the rear and side yards and the parking area. The buffer area should be landscaped and provide a 6' high solid fence to screen the cars from adjacent homes. 5) Request the applicant to supply the location of the trash dumpster for the four units on this property. The petitioner stated that that they could comply with the requirements of Mr. Stocking's letter except they may not be able to have a 5' buffer in the back. Mr. Frizelle asked how you could get out if all of the spaces were filled, there is no room for backing up? Attorney Stella said that the driveway could go around the building and eliminate one space, but it would make for a lot of paving. Mr. Soule stated that he would like to look at the site. Mr. Serio suggested that they could have a three- family dwelling. Mr. J. Burns, an abutter, spoke in opposition to the petition, stating that with only two-family units, they do not have any room in back for cookouts or even sitting out. Very little room with the two-family unit, and it would be a lot worse if there were a four-family unit allowed. There is a lot of noise in the neighborhood now and feel that two additional families would make it worse and lower the property value. Attorney George Stella spoke in favor of this petition stressing that one- bedroom units would be good for downtown. Upon a motion made by Mr. Frizelle and seconded by Mr. Vivenzio the Board voted to continue the hearing to the December 8th meeting to allow the petitioner to present new plans to the Board. The vote was unanimous. Margaret Coad~ Special Permit 89 Lisa Lane Legal notice read by Mr. Soule. Mrs. Coady spoke for herself stating that the apartment would be in the basement and used by her son and his wife. No outside changes would be made. Jack Coady spoke stating that the house has three levels and they would be using 2/3 of the cellar for their apartment, approximately 980 sq. ft. Mr. Frizelle suggested that the hearing be continued so that the petitioner could bring in the total square footage'of the house, which can be obtained from the assessor's office. No one spoke in opposition to this petition. Letter from Scott A, Stocking, Town Planner, read by Mr. Soule as follows: "The 1987 Annual Town Meeting passed an amendment to the regulations pertaining to Family Suites. The amendment changed the definition of a Family Suite (Section 2.22.1) which calls for this use not exceed 1200 sq. ft., or more than 25% of the gross square footage of the principal structure whatever is less. Ail new Family Suites must meet the new re- quirements of the Zoning Bylaw, unless a specific variance from this standare if re- quested. Staff finds no problem with permitting Family Suites so long as they meet the new standards passed at Town Meeting." Upon a motion made by Mr. Frizelle and seconded by Mr. Vivenzio, the Board voted to continue the public hearing to the December 8th meeting, in order to give the petitioner sufficient time to bring the total square footage of the house. Vote was unanimous. Pram Development Corp. - Special Permit - 671-669 Waverly Rd. Legal notice read by Mr. Soule. Attorney J. Senior represented the petitioner and stated that the petitioners had done a similar conversion on Pleasant Street. They have 15,000 sq. ft. of land on Waverly Road, two lots wide. The brick structure is two-family now and very few minor exterior changes would make it a three-family dwelling. They plan to add two sliding doors to the rear of the building, facing the shopping mall. The unit would be a one-bedroom unit of 700 sq. ft. Currently there are two driveways for four cars, the cars have to back out at present. They would add parking, three spaces on each side of the building. Attorney Senior stated that the new property owners want to make the property look better, and with no exterior changes the new unit would improve the area. Page 3 Pram Development Corp.(con'd) Mr. Hemmelle stated that they have been harassed by real estate agents concerning their propety and do not need any more dwelling or units in the neighborhood. Mr. Frizelle asked if the property was purchased as speculation in order to add on to? He stated that this area is crowded now. Attorney Senior said that living space will not be increased so there would not be any more vehicles, but new parking spaces would make it easier to park. Abutter from the audience asked that the attorney speak up so he could hear better. Petitioner stated that they would have to fill in to get to the rear area. Abutter claims that there is a brook running through that area under the middle of the building. Attorney Senior said that he was unaware of this fact. Mr. Serio said that the brook was on the right hand side of the property. As the brook is is not on the property, it will not affect the side. Mr. Kimball was the previsou owner. Access will be into the rear from the side staris to the sliding glass doors(side by side). Mr. Serio said that there should be two entrances/exits per unit. Without two entrances/exits, it is against the building code and the fire code. Ms. O'Connor said that it is now a circular driveway. The new lot would have parking on the sides of the house and this will not make the house look very good. The question of the driveway and three cars on each side with landscaping and also landscaping to hide the cars was discussed. Mr. Soule said that safety and fire egress are a problem. Mr. Serio suggested that the second exit could possibly be through the utility room, M. Bingham asked who would take care of the property once it is landscaped? Most absentee landlords do not take care of the land. Attorney Senior said that the size of one unit would be reduced, so maybe this would eliminate the problem. Letter from Philip C. Mary B. Parsons read by Mr. Soule, opposing this petition. Abutter feels that if this petition is granted, other duplex units on the street will ask for the same thing. Letter from Scott Stocking, Town Planner read by Mr. Soule as follows: "Should the Board see fit to grant this Special Permit, Staff would recommend that the parking areas be landscaped on all three sides. Landscaping adjacent to Waverly Road should be placed near the parking areas to allow for adequate vision clearance for the driveways. Fencing may be appropriate adjacent to the parking areas along the side lot lines." Upon a motion made by Mr. Frlzelle and seconded by Mr. Soule, the Board voted to take this matter under advisement. The vote was unanimous. Milton E & Patricia A Long - Variance - 29 Rosedale Ave. Legal notice read by Mr. Soule. Mr. Long spoke for himself stating that he wants to use existing driveway and just enlarge it. None of the neighbors are against this petition. The only construction will be the garage. His lot borders on Town property. No abutters spoke for or against this petition. Upon a motion by Mr. Frizelle and seconded by Mr. Vivenzio, the Board voted to GRANT the variance as requested. The vote was unanimous. North Andover Texaco - Variance Special Permit - 980 Os~ood Street Legal notice read by Mr. Soule. Owner spoke for himself, wants to have a canopy with a sign on it installed. Stated that the Building Inspector told him to look at previous petitions that had been granted for this type of request, and take his plans from them. Page 4 Letter from Scott Stocking, Town Planner read by Mr. Soule as follows: "Staff supports the application cited above which calls for construction of a 32' x 56' canopy over the existing gas pumps. Staff would request that the 5 foot setback from the Osgood Street right-of-way be maintained to avoid conflicts with the State Highway Department. Re- garding the sign variance, staff feels that a small company logo sign affixed to the canopy would be sufficent. The larger signs which spell out the work TEXACO tend to make the canopy a large sign, rather than a structure to shelter customers from the weather." Mr. Frizelle stated that we do not want to have a sign on the canopy. The Board needs certified plot plans from an engineer. Petitioner requested a copy of the Town Planner' letter. Upon a motion by Mr. Vivenzio and seconded by Ms. O'Connor, the Board voted to continue the public hearing to the December 8th meeting, in order to allow the petitioner to obtain the necessary plans. CONTINUED PUBLIC HEARINGS Joyce D. Patrocone(NASA) - Variance - 90 Sutton Street Attorney spoke for the petitioner and stated that there were 30 living units in the building on the upper levels, with lower level housing business offices, when the petitioner purchased this property. The variance granted previously was for 30 units and the basement could not be used for living quarters, dated in 1967. Copy of ByLaw #4.72, (a) and (b) given to Board for reference and filing. Presently zoned R-5 and can be used for this purpose. Petitioner requests to continue using as it has been being used for the past 20 years when purchased. Abutters have been spoken to and they do not oppose it. Upon a motion made by Mr. Frizelle and seconded by Mr. Rissin, the Board voted to GRANT the variance as requested. The vote was unanimous. Alan D. Solomont Reb Sarah Realty Trust Special Permit - East side of Chestnut Street Upon a motion made by Mr. Frizelle and seconded by Mr. Rissin, the Board voted to DENY the Special Permit as requested, on the basis that the petitioner has failed to appear b~re the Board and did not request a waive of time limit, or send a letter requesting the petition be withdrawn without prejudice, as r~quired by Section 10, Paragraph 10.9 of the Zoning ByLaws. The vote was unanimous. DECISIONS Pram Development Corp. Special Permit - 671-669 Waverly Rd. Upon a motion made by Mr. Frizelle and seconded by Ms. O'Connor, the Board voted to DENY the Special Permit as requested. The Board finds that the petitioner failed to meet the conditions of Section 10.31 of the Zoning ByLaw, and that the site is not appropriate for a three-family structure as it would adversely affect the neighborhood. Audrey,. TaylOr Secretary