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HomeMy WebLinkAbout1984-03-12March 12, 1984 Regular Meeting The BOAP/) OF APPEALS held a regular monthly meeting on Monday evening, March 12, 1984 at 7:30 p.m. in the Town Office Meeting Room. The following members were present and.voting: Alfred E. Frizel%e,_ Esq., Vice-Chairman; William J. Sullivan, Augustine W. Nickerson, and Assoclate Members Walter F. Soule; Mauric~ S. Foulds; and Raymond A. Vivenzio, Esq., PUBLIC WilI~am R. and Margaret E. Smith - Special' Permit = 182-184 Middlesex' St. Sitting: Frizelle, SullTvan, Nickerson, Foulds, Vivenzio Member Vivenzio read the legal'notice. Mr. Smith was present and made the following presentation: - The dwelling is located in the R-4 zoning districk. - The petition represents a request to c~nvert from a two-family dwelling to a three-family dwell%ng. - The first flOor would be cbnverted from one to two apartments. - The petitioners oc~hpy the dwelling and the third apartment will' be occupied by Mrs. Smith's mother. - Adequate exits will'be provided. - There is parking for five vehict~s chrrently and a sixth c~n be added by cutting down a tree. - All' the abutters have been notified and no objechion has been voiced. - The conversion will not c~eate a detriment to the neighborhood and no exterior changes are proposed. No one spoke in favor or opposition to the petition and no letters were on file. MOTION: by Mr. Sullivan to take the petition under advisement. SECOND: by Mr. Nickerson March 12, 1984 -2- Regular Meeting VOTE : Unanimous - motion c~rries. ShelI'Oil~Co. ~ Varianc~ - 17 Mass. Avenue Sitting: Frizelle, Sullivan, Nickerson, Foul,s, Vivenzio Member Vivenzio read the legaltnotic"e. Mr. Charles Ford, Field Engineer, and Mr. J. Kamieniski, Sales Rep- resentative, were present and Mr. Ford made the following presenta- tion: - The petition represents a request for a secbnd island due to an increase in chstomers. - They propose to extend the island North toward the Shawsheen River. - The business is expanding and more auto mobility is needed for peak periods. - A canopy will' also be instalI~d, which wilI' be lighted down, not outside. The sign will~ be on the end toward Lawrenc~ and Route 495. The proposal will not ckeate a detriment to the area. It will be in keeping with businesses in the area. The canopy is needed to protect customers and to attract customers. It wilT'help them remain c~mpetetive. There are two l~c~tions in cbmpetition and the proposed additions will~ help them remain c~mpetetive. The one with the c~nopy wilI~ draw the business. - The lights wilt not be annoying to nearby homes. - There is an easement to the back property, providing ach~ss to the rear. - The rear property easement is still~ in deed but is leased now. - The height will' be 17 feet. The front setback varianc~ is being requested for the c~nopy and extension of pumps. - No traffic hazard will' be created. It should expediate added traffic'. No one spoke in favor of the petition. Speaking in opposition was Mr. Jim McMurray, 25 Mass. Ave., who viewed March 12, 1984 -3- Regular Meeting the plan and expressed concern over lighting, underground storage, and signs. He withdrew his objection after addressing the Board and the petitioner. MOTION: by'Mr. Foulds to take the petition under advisement. SECOND: by Mr. Nickerson VOTE : Unanimous - motion c~rries. Kindred, Daniel'- Varianc% - Lot 10, Johnson Circt~ Sitting: FrizelI~, Sullivan, Nickerson, Foulds, Vivenzio Member Vivenzio read the l~galTnotic~. Attorney James Glynn and Mr. Kindred were present and jointly made the following presentation: - The petition represents a request to cbt trees within 25 feet of a tributary in order to construct a new dwellTng. - Mr. Kindred is the prospective purchaser of Lot 10. - An ash tree interfers with access to the proposed dwelling and two other trees (ash) will'be removed. - An Order of Conditions has been written by the Conservation Commission. (DEQE Fil~ No. 242-205). - No other trees will' be c~t. - There is a small' brook on the property. - The construction of the dwelTTng will'have a possitive effect on the area. - The granting of the varianc~ will~ not null%fy or substantially derogate from the intent and purpose of the By Law. - One of the trees to be c%t is almost dead. - There is not other way to build the house than to go through the brook. - There will' be minimal~ exd~vation. - The only other house with the problem with the brook is at the entranc% to Johnson Circle. - The petitioner intends to use sloped ends and then grade the ground and take care of the rif-raf. They will' look better than boxed culverts. March 12, 1984 -4- Regular Meeting - This is not an attempt to cut down a number of trees. It is only for a few and they are not full~ grown. - Shrubbery will' be put along the banking. No one spoke in favor or opposition to the petition. Mr. John Luclnskas, owner of Lot 8, asked if there wilI~be a change in the easement on Lot 10. Atty. Glynn responded that it wil%'be a permanent easement. Mr. Kindred added that he wilT-not change the flow or'the water. MOTION: by Mr. Nickerson to take the petition under advisement. SECOND: by Mr. Sullivan VOTE : Unanimous - motion c~rries. Haas, Jeffrey - Variance - Turnpike Street A letter dated February 24, 1984 from Attorney T. Richard Cuffe, Jr. requesting that the petition be withdrawn was read and placed on fil~. MOTION: by Mr. Sullivan to allow the petition to be withdrawn with- out prejudice. SECOND: by Mr. Nickerson VOTE Unanimous - motion e~rries. Furnari, Frank - Variances - 671 and 681 Mass. Avenue Sitting: Frizelle, Sullian, Nickerson, Foulds, Soul~ Member Foulds read the legal~ notice. Attorney Domenic~ Sc~lise was present for the petitioner and made the following presentation: - The property is on Mass. Avenue going out toward the "Old Center", between Chiekering Road and Osgood Street. The petitioner owns two pieces of property. The Furnari's l~'ve on Lot B and purchased Lot A for %heir son, but the son never oc~hpied the dwelI~ng on Lot A. - It has been rented. They now wish to sell'Lot A and when they looked into selling it, they found that the frontage, area, and setback requirements are not met. - Al~o, due to the loc~tion of a fence and a garage door, they wish to change the l~t l~ne between the two dwellings. March 12, 1984 -5- Regular Meeting Speaking in favor of'the petition were Mr. and Mrs. buyers of Lot A. No one spoke in opposition to the petition. The buyers of Lot A have no objection to this proposed change. The change in the l~t l%ne does not affect the area of either parcel'. Lot B was purchased in 1954 and an additional~ 15' strip was purchased in 1955. It is a 125' x 15' strip which was added to the property. Area, frontage, and setback variances are being sought for both l~ts. Steven Patterson, A l~tter from the Olenio's dated 2/29/84 was read and pl~c%d on fil~. MOTION: SECOND: VOTE : by Mr. Foulds to take the petition under advisement. by Mr. Nickerson Unanimous - motion c~rries. Dion, Robert - Special' Permit - 21 Russet Lane Sitting: Frizelle, Sull~an, Nickerson, Foulds, Member Vivenzio read the legal~ notice. Vivenzio Letters from the following were read and plac~d on file: dated 2/27/84 and Robert G. Dion dated 3/8/84. Mr. Dion was present and made the folT-~wing presentation: Ann M. Dion He would l~ke to add an "In-Law Apartment" or "family suite" over his garage for his mother, who is an invalid. There wilt~ be an elevator and a secbnd acb~ss, as welT'as a spiral' staircase. The only exterior change wilt' be to the back window of the garage which faces a field. · he original~ intent for the spac~ was for a playroom, but it was never built. Granting the Special' Permit will' benefit both himsel~ and his mother since he now must travel~ to see her. The apartment will' c~nsist of a kitchen, a living area, a bedroom, and a bathroom. AcCess to his upper bedrooms c~n be provided if he wishes. He has no objection to the Building Inspector making an annual~' March 12, 1984 -6- Regular Meeting inspection. Speaking in favor was Mr. Emil Tanana, who stated that he just wants to make sure the neighborhood remains singl~ family, and Mr. Bill~ Gordon. A letter dated 3/5/84 from Richard McCarthy was read and pl~c~d on file. Mrs. Lois Borgesi asked about the letter from Mrs. Dion requesting that the petition be withdrawn. She stated that the neighbors were under the impression that the petition had been withdrawn. She asked if Mrs. Dion had reversed her objection. Member Frizelle responded that the petition is in the name of Robert Dion. MOTION: by Mr. Sullivan to take the petition under advisement. SECOND~ by Mr. Vivenzio VOTE : Unanimous - motion c~rries. DECISIONS E.P.R. Realty Trust - Varianc~ - Mass. Avenue Sitting: Frizell~, Sullivan, Nickerson, Soul~ Mr. Rosinski was at the meeting and stated that he has no objection to moving the shed away f~om the fence abutting Route 495. For security reasons, the shed c~nnot go in the back of the property. Mr. Joseph D'AngelO from the State DPW was also present and stated that the State has no objection to the plan. MOTION: by Mr. Sullivan to grant the varianc~ with the conditions that the. shed be no closer to the lot line than four feet or in front of the light pol~, whichever is greater; that the shed be no higher than twelve feet: no signs or advertising wil~ be allowed on the back side or either side or on the roof or in front of the existing light pole. SECOND: by Mr. Nickerson VOTE : Unanimous - motion carries. Smith, William and Margare~ - Special~ Permit - Middl~sex'Street Sitting: FrizelTe, Sullivan, Nickerson, Foul,s, Vivenzio MOTION: by Mr. Foulds to grant the Special~ Permit subjec~ to the conditions that six parking spaces be provided on the property and that the six spaces be installed prior to the issuanc~ of a building permit for the cbnversion; that no exterior changes shall' oc~r to the dwelTTng. March 12, 1984 -7- Regular Meeting SECOND: by Mr. Sullivan VOTE : Unanimous - motion ccarries. Shell' Oil' Co. - Variance - Mass. Avenue Sitting: Frizelle, Sullivan, Nickerson, Foulds, Vivenzio MOTION: by Mr. SulI~van to grant the variance subjec~ to the c~ndition that there be no sign or other advertising on the canopy, either side, front, or rear or on the roof; and that the l~ghting be surface mounted underneath the canopy facing down. SECOND: by Mr. Nickerson VOTE : Unanimous - motion c~rries. Furnari, Frank and Theresa - Variances - Mass. Avenue Sitting: Frizelle, Sullivan, Nickerson, Soul~, Foulds MOTION: by Mr. Foulds to grant the varianc%s as rquested. SECOND: by Mr. Sullivan VOTE : Unanimous - motion c~rries. OTHER BUSINESS Stuart Peskoe - DiscUssion with Board A letter f~om Mr. Peskoe dated March 4, 1984 was read and plac~d on file. Mr. Peskoe was present and explained to the Board that he is removing some vegetation from his land on Salem Street which is located in the Watershed District. He asked that the requirement for a publTchearing and submission of plans be waived. The Board discussed Mr. Peskoe's request and felt that a public'-hearing would be necessary due to the fact that it appears that vegetation is being removed within 25 feet of a tributary on a parc%l'of land loc~ted in the Watershed District. Section 4.133 (c9 of the Zoning By Law requires that a variance is required from the Board of Appeals for such removal. The Board's secretary suggested to Mr. Peskoe that he cbntac% the . Building Inspector before filing any applications with either the Board of Appeals or the Planning Board. The meeting adjourned at 10:00 p.m. k March 12, 1984 -8- Regular Meeting Jean E. White, Secretary