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HomeMy WebLinkAbout1981-03-09March 9, 1981 Regular Meeting ~he BOARD OF APPEALS held a regular monthly meeting on Monday evening~ March 9, 1981 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., ~ice- Chairman; Richard J. Trepanier, Esq., Clerk; William J. Sullivan; and Associate Member Walter F. Soule. PUBLIC HEARINGS DiNuccio/Walle~ - Special Permit ReQuest - Milton' Street The clerk read the legal notice. Attorney Philip C. Bateman represented the applicants, an engaged couple who have recently purchased property at 39-41 Milton Street, and who are seeking a Special Permit in order to allow the continued use of a third floor dutch flat. As the Board members viewed the plan, Atty. Bateman testified that the proposed and continued use will not alter the structure in any way. He feels that it is appropriate for the area and will not create a hazard to pedestrians. He also stated that it will be in harmony with the intent of the By-Law. The dutch flat apartment has existed for approximately 15 years. Chairman Serio questioned parking and Atty. Batemsn responded that there is off-street parking for three vehicles. After ~Iuestioningbymember Frizelle, Atty. Bateman informed the Board that the area of the lot in question is approximately 11,000 s.f. and the By-Law requires 12,500 in this zoning district (R-4). Therefore, a variance request is also necessary, and Atty. Bateman said it was his oversight that this request is not also an the application. In response to further questioning by Mr. Frizelle, Atty. Bateman told the Board that there are to be no structural changes, that smoke detectors are currently being installed, that there are in fact five parking spaces and not three as previously stated, and he presented a floor plan showing the number of bedrooms located in the home. No members of the audience spoke in favor of the petition. The following neighbors spoke in opposition: Mrs. Veronica Tannert, 35 Milton Street, read a letter from Dr. and Mrs. Ceplikas, also of Milton St. In their letter, the Ceplikas' cited congested traffic situations, and the fact that other people in the neighborhood could apply for a special permit for additional apartments as their reasons for opposition. Mrs. Tannert verbally echoed their concerns regarding the number of automobiles on the stree~ and the difficulty the residents have in entering and exiting from their drivewa~vs. March 9, 1981 -2- Regular Meeting Alice DeAdder, 29 Milton Street, stated that the Zoning-By-Law has designated this area for single and two-family homes. Because this apartment has been in existence illegally for 15 years, it should not be legalized. She also stated that there are several other homes in the neighborhood which could be converted to include additional apa~ments. Nary Church, 35 Milton Street, read a letter to the Board. Her m~n points of opposition are: there are many large homes in this area which could be co~verted into three-apartment houses; there are not enough garages to handle the number of vehicles per home; there are several commercial vehicles parked on the street adding to the congestion; it is necessary to go out of one's way because it is impossible to turn out of one's driveway due to the number of oars and trucks on the street, and the area could become blighted if additional vehicles are allowed on the street. Mr. Daniel Griffin, 62 Milton Street, told the Board he has lived on this street for 25 years and seen the neighborhood change. He does not want to see it change any more by adding more apartments or allowing illegal ones to continue. Mr. Carl Wainwright, 22 Milton Street, agreed with his neighbors concerning the congestion on the street caused by too many cars and ~ruoks. He also stated that this is a very proud neighborhood and he wants to keep it that wa~v by not allowing illegal apartments to exist. Helen Mooradkanian, 54 Third Street, also spoke in opposition. She told the Board that her family has lived in the neighborhood for several years and they have tremendous respect for their property and that of others. They moved to North Andover to escape the congested areas of other towns. She asked the Board to put a stop to these illegal apartments now so that the neighborhood might be preserved. Mrs. Church further stated that Milton Street is used as a short-cut to the Mifflin Park section of town and this further adds to the congestion and creates a dangerous situation for the residents. Mrs. DeAdder added that several shade trees have been sacrificed to make way for drivewa~ on the street. In ik~rther discussion between the Board members, the neighbors, and Mr. Charles Foster, Building Inspector, it was learned that there are no other three-family homes on the street, and that the previous owner converted the third floor to accomodate his mother-in-lawwithout obtaining the necessary permits. Atty. Bateman responded to the comments of opposition by saying that there are enough parking spaces on the premises ~ccording to the ~oning By-Law and that if the residents feel that the law should be changed, they have the ability to do so. He further stated that the comments about "blighted conditions" are speculative and that the property is in excellent condition and allowing the continued use of the dutch flat would not change that. Mrs. Church also stated that although the property in question contains enough off-street parking, the residents still use the street. She also stated that she very much wants to have Mr. DiNuccio and Miss Walley as neighbors, but she wants to discontinue the use of the third floor apartment. Narch 9, 1981 -3- Regular Neeting D,%~uccic,/W~lle~ - continued Motion: Second: Vote : by Mr. Frizelle to take the matter under advisement. by Mr. Trepanier. Unanimous in favor of the motion. Bay Bank Merrimack Valle~ - Variance request - Main Street The clerkread the legal notice. Mr. Phillip Spoffard from Ba~Bank spoke. The bank has made a oomm automatic teller machine for customer convenience. They wish to ~ with a glass enclosure for security purposes. They are requestin~ to allow the continued use of the lot, which is under the 25,000 ~ and also to allow the construction of the addition, which will be sidewalk. Mr. Spoffard presented a drawing of the b~uk with the proposed building will retain its colonial appearance. He also stated will "swing out". Mr. James McCabe, an abutter,told the Board that he has no object~ granting of this variance, and nobody spoke in opposition. Motion: by Mr. Frizetle to take the matter under advisement. Second: by Mr. Soule Vote : Unanimous in favor of the motion. itment for an dd a foyer the variance . f. requirement 5 feet from the litton. The the doors on to the Ralph - Variance request to s~b-divide land - Main Stree~ The clerk read the legal notice. Attorney John J. Willis, Jr., represented the applicant. The property is on the corner of First Street and Main Street. The present occupants are Val's Restaurant and the Citizen newspaper. There is a second lot which the applicant wishes to combine with the first lot, eventually sub-dividing the lot, allowing the property to continueto exist as it does presently. The parcel pre-dates current zoning regulations. Atty. Willis told the Board that he interprets the current laws as being designed for planning of future projects. He asked the Board to look at these two buildings and grant the variances necessary on the basis that the buildings were erected at a time when it was allowed and that it should be allowed to continue. If a literal enforcement of the By-Law were made, the buildings would be obsolete. March 9, 1981 -4- Regular meeting Ciardiellp - continued Atty. Willis further stated that the character w~ld remain the same. Most of the buildings on Main Street are on their own lot - these are not. The property has a higher monetary value to the applicant as a separate lot and they would have a better use as separate lots. He also feels that if the buildings were to be destroyed by fire or other causes, they could be built back up with the variances as standing. In further discussion, it was learned that by sub-dividing the lot, access to the back of the buildings could be cut. Mr. Cia~iello informed the Board that there is a pass~ge-wa~v written in the deed, and that he would have no objection to a condition to the variance giving a right-of-way to the back of the property so that the tenants could h~ve access to trash barrels, etc. There was also some ~fuestion about the parking area in the rear. The applicant told the Boa_~d it is called Lot 5, but it is mot shown on the plan. The Board then asked Atty. Willis exactly what variances he is seeking and he replied: area, sideline, frontage, and percentage coverage. He also read a letter from Gain1 0sgood of the Housing Rehab Program, which stated that Mr. James MoAloon, co-owner of the property, has been very cooperative in incorporating the ideas of the program architect for his buildings. No visitors spoke in favor or opposition to the recpAest. Mr. Serio suggested c~ntinuing the hearing until nex~ month so that something in writing can be presented, which will better explain the right-of-way situation, and Mr. Sullivan requested dimensions on the plan. Both Atty. Willis and his client agreed to the continuance. Motion: by Mr. Frizelle to continue the hearing until the nex~ Board of Appeals' meeting pending receipt of further information. Second: by Mr. Sullivan Vote : Unanimous in favor of the motion. DECISIONS DiNucoio/Walle~ -Milton .Street Motion: by Mr. Frizelle to grant the Special Permit as requested. Second: by Mr. Soule In discussing the motion, Mr. Sullivan spoke strongly in opposition based on the objections voiced by the neighbors. Mr. Foster asked, "What about the variance requirement?" and Mr. Frizelle replied that the applicant can get around that requirement. Vote: Defeated 4 to 1 In favor: Mr. Soule ~ainst : Mr. Serio Mr. Frizelle Mr. Trepanier Mr. Sullivan ~&~rch 9, 1981 Decisions - continued Ba~v Bank .~ Main Street Motion: Second: Vote : by Mr. ~rizelle to grant the variance. by Mr. Trepanier Unanimous in favor of the.motion. Regular meeting OTHER BUSINESS CLASSIC REALTY TRUST - revised plans The Board reviewed the new plans showing the shrubs e~ending for 8 parking sp~ces starting at Marblehead/Williams Streets. This condition was added to the decision on November 10, 1980. The plans may now be distributed as they are aooeptable to the Board, Mr. Serio then read an article sent to him by member Ra~ond Vivenzio, which was pertinent to the Suba~ch case. He also told the Board that he has contacted Town Counsel for an opinion concerning the Associate Members. He would like to designate the members to sit on a rotating basis and be involved in decisions. To~m Counsel will reply. The Board set their next meeting for Wednesday, April 8, ~981, due to the incon- venience to some members to meet on Monde, April 13. * The minutes of Februs~ 9, 1981 were accepted as written. The meeting adjourned at 9:00 p.m. * Motion: Second: Vote : by Mr. Frizelle to hold the April meeting on Wendesda~v evening, April 8, 1981. by Mr. Soule Unanimous in favor of the motion. Jean E. White, Secretary