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HomeMy WebLinkAbout1984-02-13February 13, 1984 Regular Meeting The Board of Appeals held a regular monthly meeting on Monday evening, February 13, 1984 at 7:30 p.m. in the Town Office Meeting Room with the following members present and voting: Frank Serio, Jr., Chairman; Alfred E. Frizelle, Esq., Vice- Chairman; William J. Sullivan; Augustine W. Nickerson; and Associate Member Walter F. Soule. Member Richard J. Trepanier, Esq., Clerk was present to vote on WNEV-TV's petition. Building Inspector Charles Foster was also present. PUBLIC HEARINGS Delta & Delta Realt~ Trust - Variance -350 winthrop Ave. (Route ll4) Mr. Sullivan read the legal notice. Attorney Jospeh Boulanger and Mr. Michael Kettenback were present for Delta & Delta Realty Trust and made the following presentation: - The lot in question is triangular and abuts a Residential district. - There are wetlands in the middle of the lot. - They are proposing to site a building so that there will be a minimal impact on the wetlands with an access area through it. - It would be unfeasible to bring a building any further back away from the street. - There will be no detriment to the zoning By Law and the abutters would be enhanced. - No further access from Route 114 will be needed. There is an existing signal. No further curb cuts are proposed. - The treed area will remain the same. - They will go before the Conservation Commission. - If they site the building back 100 feet from Route 114 as the zoning By Law requires, the wetlands will be affected much worse. - The reason the building is at an angle is so that it can face Route 495. - No parking variance is being sought at this time - just a variance from the 100 foot setback requirement. February 13, 1984 -2- Regular Meeting - A parking variance may be requested at a later date. - They won't know what the parking situation will be until the building is complete. They need a variance from the Board of Appeals before they can go the the Conservation Commission because they have to show them the placement of the building. - They are 140 feet from the nearest residence and will attempt a minimum intrusion. - The proposed building meets the height requirements and will be an office building. - It is zoned B-4. - They have no problem with a condition that the construction be limited to an office building.- Building Inspector Foster asked about the green strip require- ment and Mr. Kettenback responded that they are not seeking a variance from this requirement at this time. No one spoke in favor or opposition to the petition. A letter from the Building Inspector dated 2/13/84 was read and placed on file. Attorney Boulanger added that they have separate agreements with the neighbors. Member Sullivan asked if the building could be less than the 200 feet proposed and Attorney Boulanger replied - "No, it would re- quire a total redesign of what has been done. We are within the requirements for the square footage in the B-4 zone. If we cut it back to meet the 100 foot setback requirement, the project would not be feasible. We don't want to go any higher." MOTION: by Mr. Frizelle to take the petition under advisement. SECOND: by Mr. Nickerson VOTE : Unanimous - motion carries. Vallieres, Jean and Lisa - Variance -55 Heath Road Mr. Sullivan read the legal notice. Attorney Russell Bodnar was present for the applicants and made the following presentaiton: - They are seeking a variance because the side yard setback on the dwelling is 19.3 feet, where 20 feet is required. - The house has been in existence for several years. - It would be a hardship to the petitioner if the variance is denied. February 13, 1984 -3- Regular Meeting -It would be very costly to move the house. - A recently drawn plot plan for conveyance purposes revealed the slight deviation. No one spoke in favor or opposition to the petition and no correspondence was received. MOTION: by Mr. Frizelle to grant the variance as requested. SECOND: by Mr. Nickerson VOTE : Unanimous - motion carries. E.P.R. Realty Trust - Variance -105 Massachusetts Avenue Mr. Sullivan read the legal notice. Mr. Gene Rosinski, Trustee, was present and made the presentation: - E.P.R. is a holding trust for the North Agdover Building Center. following The request is for a variance so that a shed may be con- structed to store lumber under cover. The setback will not be met. - The proposed location borders the exit ramp of Route 495. - If the setback requirements were met, the shed would have to be placed in the middle of the parking area. - The shed will be open in the front facing the parking lot and closed in the rear. It will be a couple of feet from the property line. (approximately 3 feet) - It will be approximately 280 feet. - He has spoken the the State and they have no objection. No one spoke in favor or opposition to the petition. A letter from the Building Inspector, dated 2/13/84 was read and placed on file. MOTION: by Mr. Frizelle to take the petition under advisement. SECOND: by Mr. Sullivan VOTE : Unanimous - motion carries. St. Pierre, Louis and Gertrude - Variances -71 & 77 Chadwick St. Mr. Sullivan read the legal notice. Attorney Domenic Scalise, representing the petitioiners, made the following presentation: - The main purpose of the variance is to desire to separate Lot 3 from the remainder of the property and deed it to February 13, 1984 -4- Regular Meeting a neighbor (Miss Daigle). She purchased the dwelling next door approximately six months ago and her driveway is right on the property line. She wants to purchase Lot 3, which is a narrow strip of land. - The petitioner is seeking area and frontage variances for Lot 3. Also requested are area, frontage, and setback variances for two lots Mr. St. Pierre owns with existing dwellings on them, shown as Lots 1 and 2 on the plan. - He lives in one house and his daughter lives in the other. They are seeking variances to deed off Lot 3 and to clear up the situation of the side and front lot lines. The existing lot line separating the two lots is right along the driveway. - A variance to build on Lot 3 was denied by the Board several years ag6. - The driveway in question comes in off Wentworth Avenue. - There is no intention of building a dwelling on Lot 3. No one spoke in favor or opposition to the petition and no correspondece was received. MOTION: by Mr. Frizelle to take the petition under advisement. SECOND: by Mr. Nickerson VOTE : Unanimous - motion carries. DECISIONS Delta & Delta - Variance - Winthrop Ave. MOTION: by Mr. Frizelle to grant the variance with the followin9 conditions: 1. Along the entire frontage on Winthrop Ave. set back 50 feet from the lot line on Winthrop Ave. shall be open and green, be suitably landscaped, unbuilt upon, unpaved, and not parked upon, including but limited to parking and driveways, buildings, and dwellings. Revised plans shall be submitted to the Board showing the correct zoning district, and the open and green area as outlined in Condition No. 1 and meeting all other requirements of the Board. 3. The construction on the site shall be limited to an office building. SECOND: by Mr. Nickerson February 13, 1984 -5- Regular Meeting VOTE : Unanimous - motion carries. WNEV-TV - Variance and/or. Special Permit - Boston Hill Sitting: MOTION: Serio, Frizelle, Trepanier, Sullivan, Soule by Mr. Frizelle to grant a Special Permit under Section 10.31 of the Zoning By Law to permit the use of the existing facility for broadcasting purposes by WNEV-TV to be used jointly with the other companies as set forth in the Board's decision of 7/23/82, being Petition No. 22-'82 in the name of Benjamin Farnum, and to allow the extension; and that WNEV-TV is allowed to extend the existing antenna to a height not to exceed 35 feet from its present height on the premises located on the West side of Boston Street and known as "Boston Hill", owned by Benjamin Farnum; and, further, the Board finds that under the provisions of Section 10.31 that the site, Boston Hill, is an appropriate location for the use and structure, since the site has been used since 1957 for said use; further, that as developed under the Special Permit, the use and the extension will not adversely affect the neighborhood since the site is in a remote area; further, that there will be no nuisance or serious hazard to vehicles or pedestrians since the site is in a remote area and not located near a road or walkway and that there presently exists adequate and appropriate facilities for the proper operation of the use and the Board grants the Special Permit subject to the condition that only WNEV-TV and its successors be allowed to use the extended antenna. SECOND: by Mr. Sullivan In discussing the motion, the Board reviewed the previous files and decisions regarding Boston Hill. They clarified that the 140 feet allowed was both the tower and antenna. Member Soule said the 1982 decision acknowledges that the changes are not drastic. Member Sullivan asked about FAA approval and Member Frizelle responded that it was stated that they will get FAA approval. VOTE : Unanimous - motion carries. E.P.R. Realty - variance - Mass. Ave. No action - decision to be rendered at next meeting. St. Pierre, Louis - Variance - Chadwick Street MOTION: by Mr. Frizelle to grant the variances as requested subject to the condition that no dwelling be con- structed on Lot 3 as shown on the plan. SECOND: by Mr. Soule VOTE : Unanimous - motion carries. k The meeting adjourned at 10:00 p.m. Jean E. White, Secretary