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HomeMy WebLinkAbout1981-07-13July 13, 1981 Regular Meeting The BOARD OF APPEALS held a regular monthly meeting on Monday evening, July 13, 1981 with the following members present and voting: Frank Serio, Jr., Chairman,; Alfred E. Frizel.le, Esq., Vice-Chairman; William J. Sullivan; Augustine W, Nickerson; and Raymond A. Vivenzio, Esq. Associate Members Walter F. Soule and Haurice S. Foulds were also present as well as Building Inspector Charles Foster. PUBLIC HEARINGS Di,Carlo, Richard - request for variances and Special Permit - Main Street/Chickering Road Two legal notices were read - one for Main Street and one for Chickerin~ Road. Attorney Joseph Monteforte was present, representing the petitioner as well as the prospective purchasers of the property William and Steven Buco. Atty. ~lonteforte presented an amendment to the petition reflecting some changes in the figures. Chairman Serio asked for an explana- tion and Atty. Monteforte responded that the square footage of the building housing the pizza shop is incorrect. Also, the figures for the Highway Grocery builidng are incorrect. The plan is correct, but the numbers at the bottom are not. Member Frizelle advised the Board to accept Exhibit A only, but the Board decided NOT to accept the amendments. Major points made by Arty. Monteforte: The petitioners wish to extend the non-conforming use of the two buildings, squaring off the building now housing the pizza shop and construct an addition toward the Dairy Queen. On the Highway Grocery building, they propose to add on an area and knock off the section near the street; again, squaring off the building. A renderin.o of the proposal was submitted - it is a colonial style building, with an additional story on the Highway Grocery buildina. The Highway Grocery building is the proposed new use of ~lcAloon Package store, now located down the street and operated by the BUCO'S. The use of the pizza shop building has not yet been determined. - There are 20 parking spaces and room for more. Is - Grass and shrubs will be added. July 13, 1981 -2- Regular Meeting DiCarlo - continued The entrances will be on Park Street and Main Street and %he exits will be on Main, Park, and Chickering. There is a proposed enclosed walk-way along the fronts of the stores. The proposed users (Buco's) will improve the property. The Buco's have a Purchase and Sale agreement. They will purchase the property if the variances~ Special Permit, and liquor license transfer are approved. Note: The liquor license transfer is a Board of Selectmen matter, not a part of this petition. Mr. DiCarlo will not do the work if the variances and Special Permit are not granted. It is an irregularly shaped lot and run down. The Buco's want to improve the property and the nature of the land creates a hardship to them. Member Frizelle asked Atty. Honteforte if the application complies with Section 9.2 of the Zoning By Law and Atty. Honteforte responded - "Yes, it increases by 25%." Speaking in favor - Thomas Ventura, Mrs. Arsenault, Atty. Charles Trombly (representing the DiCarlo's), Tony DiDio, John Callahan (engineer and architect), Frank Dushame III, Jack Mahoney. Most of ~he above stated that the area is blighted and this is a step in the right direction to clean it up. Letters from the Police Chief and Building Inspector were read. Speaking in opposition - Joseph Cushing (representing his parents), Maureen Cushing, Robert Rosenberg, Mr. Peters, Mr. Middleton, Mr. McAuley. Major points by those opposed: - The area is becoming a "strip". - Section 7.1, Par. 6 of the R and R has not been adhered to. - A variance from the 15' buffer abutting the "R" zone is also needed. Proposed use (package store) is too close to elementary schools. July 13, 1981 -3- Regular Meeting DiCarlo continued - A package store will lower the~value of the neighborhood. Atty. Monteforte responded with the following points: The subject of the package store is a matter for the Board of Selectmen and there is already a package store down the street, which is Just as close to the schools as this proposal. Note: The Buco's operate HcAloon's Package Store on Chickering Road. - As owners of the property, it will be policed and upgraded and modernized, - They (The Buco's) are reputable businessmen. Member Frizelle asked Atty. Monteforte if his clients would be willinn to limit the use of the building housing the pizza shop and he responded that they would. MOTION: SECOND: VOTE: by Mr. Frizelle to take the matter under advisement. by Mr. Vivenzio Unanimous motion carries. Broderick, Steven Variance and Special Permit request to convert two-family dwelling to three-family dwelling - Phillips Court Member Vivenzio read the legal notice. Attorney Phillip Arsenault was present representing r~r. and Mrs. Broderick. Major points by Atty. Arsenault: The Brodericks currently reside at 40 Phillips Court and will continue to live there. The closest abutters are on the South Side and the alterations will be on the other side. There is a four-bedroom apartment consisting of two floors and the Brodericks propose to convert it to two smaller apartments, one down and one up with no exterior changes to the building. - There will be 5 parking spaces on the premises, July 13, 1981 -4- Regular Meeting Broderick - continued - The land on the North side, owned by Millpond Trust, is the [~illpond Condominiums and there is a stockade fence surrounding it. - One is unable to see into the next yard. - To the rear, on the East side, the land is also owned by Hillpond Trust, with a 30' buffer. - -There is sufficient area around the lot which will never be used for a house. - The previous owner granted an exclusive easement to travel across the 20' easement for use on the Broderick's lot. The 20' x 30' strip will never be built upon. - Adding this area, you come very close to the 12,500 square foot requirement. - The dimensions of the lot were approved by the Board of Appeals in 1953. - If the Special Pe~rmit is granted, the plan would comply with the requirements as to the size permitted by the Board of Appeals. - All stairways will be enclosed. - The impact on the neighborhood will be "0" - North Andover needs rental housing. Nobody spoke in favor of this petition. A letter from the Building Inspector was read and placed on file. Opposed Ray Canty, Ruth Coates, Ed Laverty. Mr. Canty presented a petition signed by several neighbors, which was read and placed in the file. MOTION: SECOND: VOTE: by Hr. Frizelle to take under advisement. by Hr. Sullivan Unanimous - motion carries. July 13, 1981 -5- Regular Meeting Regan, Robert - Special Permit to extend Industrial use in a - " ~esidential Zone - Flagship Drive The legal notice was read. Mr. Regan was present and made the following points: - He is seeking approval to allow Lot S on the plan to be moved 100' for use only. - The only abutters are the Trustees of Reservations and Marino's property - no residences, - The closest building to the Residential zone is over 300' away. Member Frizelle questioned the ownership in 1972 - the lot had to have been in one ownership at that time. He wants to see the deed and Mr. Regan agreed to provide a copy. Speakinp in favor - Charlie Carroll. Opposed - no opposition to the petition. Steve McMahon of the Trustees of Reservations asked about the buffer and-Mr. Regan replied that it is 100' - 50' of which will be open and green. MOTION: SECOND: VOTE: by Mr. Frizelle to take under advisement. by Mr. Sullivan. Unanimous - motion carries. Marchese, Salvatore - Request for variance Bradford Street The legal notice was read. Mr. Marcheselpresent and made the following points: - He would like to construct a garage which would be in violation. One side of the lot has a septic system and another side has a hill and an airport commission easement. No one spoke in favor or opposition to this petition. Letter from the Building Inspector read and placed on file. MOTION: SECOND: VOTE~ by Mr. Frizelle to take under advisement, by Mr. Sullivan Unanimous - motion carries. July 13, 198i -6- Regular Meeting Arlington Trust Co. Request for variance - Main Street The legal notice was read. Mr. Leonard Albis was present for the bank and made the following points: The purpose is to install an electronic banking device to better serve customers. They wish to add on to the front of the building, going beyond the existing structure. No one spoke in favor or opposition to this petition. A letter from the Building Inspector was read and placed on file. MOTION: SECOND: VOTE: by Hr. Frizelle to take under advisement. by Hr. Nickerson Unanimous motion carries. Cal 1 a~han ,~ Steven Request for variance to allow swimming pool to extend beyond front of h6use Appleton St. Member Walter Soule sitting for Member Alfred Frizelle. The legal notice was read. Mr. Callahan was present and made the following points: The pool already exists. His father-in'law constructed it in violation. He did not know that the pool could not extend beyond the building line The pool is 64' from the street. No hazard or nuisance to the neighborhood. Mr. Charles Foster, Building Inspector, told the Board that his assistant, Fred Chaput, inspected the premises and when he dis- covered that the hole for the pool was beyond the building line, he issued a "Stop Work Order". Mr. Callahan added that he found the order and took it into the house for his wife to see since he was leaving town on business. His wife did not see the order before the builder finished the pool. When asked if he could move the pool, Mr. Callahan replied - "Not now, I have a water problem in the rear." No one spoke in favor or opposition to this petition. July 13, 1981 -7- Regular Meeting Callahan - continued Letter from Building Inspector was read and placed on file. MOTION: SECOND: VOTE: by Mr, Sullivan to take under advisement by Hr. Soule Unanimous motion carries. Gelinas, Frank - Variance - S~w~ill Road The leoal notice was read. George Pelleteir from Frank Gelinas' office spoke. Major points: They (Gelinas' office) staked the foundation and then found the setback violation. The house is constructed. It is owned by Hr. Edward Plugis. The Building Inspector issued a "Stop Work Order" when the violation was discovered. The nex: door neighbor's house just meets the set backs, so a land swap is not possible. There will be a financial hardship to Mr. Gelinas and/or ~ir. Pluois is the variance is not granted. ))ember Frizelle questioned the legality of the legal notice because )~r. Gelinas does not own the property, nor is he in the line of title. No one spoke:~n' favor or Oppositionrto the petition and no corres- pondence was read. MOTION: SECOND: VOTE: by )4r. Frizelle to take under advisement. by )~r. Sullivan. Unanimous - motion carries. July 13, 1981 -8- Regular Meeting Saalfrank, Joseph Variance.- Osgood/Concord Streets The leoal notice was read. Mr. George Schruender represented the applicant, Major points: Mr. Saalfrank owns Lots A, B, C, and D. - Lot C is the North Andover Auto Body shop. Wayne Street is the Town Garage. Because the land is in one ownership, 100 foot frontage is req ui red. For Lot B, he needs 15 feet for the ~araqe and he would like to take 9.6 feet from the garage, which wouid leave 75 feet on Concord Street for the house and for another lot with 75 feet, which would meet the set backs and required area, but not the frontaae. - A and B were purchased as one lot and the house was purchased separately. - Mr. Saalfrank wants to sell a portion of the property. The Buildin~ Inspector stated that if a variance exists on the Body Shop, he already has a right to sell. He believes that a variance is already on record. No one spoke in favor of this petition and no correspondence on file. Opposed - Mr. James Bradley saying that if the variance is granted, the Board would create two non-conforming lots. Concord Street is already too narrow. MOTION: by ~r. Frizelle to take under advisement. SECOND: by Hr. Sullivan VOTE: Unanimous motion carries. July 13, 1981 -9~ Regular Meeting DiGaetano, John and Evelsn - Variance - Great Pond Road The legal notice was read. Mr. John Callahan represented )Ir, and Mrs. DiGaetano. Major points: They wish to divide their lana from 10.4 acres to 7.2 and 3,17. The parcel has ingress/earess rights to Marbleridge Road. The land is bounded to the Northeast by an 80 foot easement that is now occupied by New England Power Co. The property is zoned R-3, ?he previous owner was )Ir. Daniel Murphy ()irs. DiGaetano father) and he deeded it to Mr, and Mrs. DiGaetano. Is A letter from the Building Inspector was read and placed on file. Mr. Foster, the Building Inspector, stated that the applicant is showing a plan of a Lot (5 B) and is asking that the frontage of the easement on Marbleridge Road be used as frontaoe on the lot. The Zoning By Law stated that a lot is a parcel of land in one ownership. He believes the Board would be overstepping its power by granting a variance on a lot that shows the frontage on someone else's land. Mr. Callahan argued that they are here for a variance from the frontage because the easement was created for ingress/e~ress purposes. Member Frizelle asked what they proposed to do with the two lots and Hr. Callahan responded that because the DiGaetano's have too much land to maintain it is becoming a nuisance. ~hey acquired it with the understanding that it could be divided. They wish to sell one parcel. He further stated that in an effort to make some considerations with the abutting property, maybe they could trade a piece of land with the Stork's or buy out, but they could not come to terms. It was determined by the court in 1961 that the abutters own part of the easement. No one spoke in favor of the petition. A letter covenant. covenant. from the abutters was read, along with an attached ~)r. Callahan also submitted modifications to the July 13, 1981 -10- Regular Meeting DiGaetano continued Opposed - Atty. James Eaton, representing the Stork's,~ Mrs, ~arY Stork Hart~ Mrs. Conrad; Mr. and Hrs. William Arlitt. Atty. Eaton presented a plan which he said is NOT an accurate survey, but rather a tracin? made in 1919 containing the Stork's parcel. He stated that in 1921 Whitman sold to Stork. The easement was given by Simon Holt but has never been used; delin- eated, or laid out. It was created for farming, not for access to a house, and the Railroad split ~t. Mrs. Hart added that it is the intention of her aunts to keep the land as it is. She feels that the variance is very large the land on which they are requesting the variance is not in their possession. Mrs. Margaret Dunn added that while she is neither in favor or against this petition, she believes that someone should find out about the covenants. The utility easements ao through her land for Lot 5. ~lOTIO~l: by Hr. Frizelle to take under advisement, SECO~4D: by Mr. Sullivan VOTE: Unanimous - motion carries. DiPaolo, Rose - Variance - Beacon Hill Boulevard the legal notice was read. Atty. Patrick McCarthy represented Mrs, DiPaolo. )~ajor points: The house is 29 years old. - Mrs. DiPaolo recently applied for a loan to re-mortgage and the violation was discovered. - The variance is for the front and side set bac ~. No one spoke in favor or opposition to this petition and there was no correspondence. MOTION: SECOND: VOTE: by Mr. Frizelle to grant the variance as requested. by fir. Nickerson Unanimous - motion carries. July 13, 1981 -11- Regular Heetinn Follansbee, Scott - Special Permit - Earth Removal - Sharpner's MOTION: SECOND: VOTE: Pond Road by Mr. Sullivan to continue until July 21, 1981 at 7:30 p.m. by Mr. Frizelle Unanimous motion carries. rlcAloon Estate variance Green Street The leoal notice was read. Atty. William Dully represented the McAloon Estate. Hajor points: There is a side yard violation and a rear yard violation. The house was built in 1948. The HcAloon's purchased it in 1954. There is a sale pending and the title company is insisting that the variance be obtained. The notice does not refer to the rear set back, but Section 7.3 should cover it. The abutters have been contacted. No one spoke in favor or opposition to this petition.. There was no correspondence. MOTION: SECOND: VOTE: By Mr. Frizelle to grant the variance. by Mr. Sullivan Unanimous - motion carries. DECISIONS Callahan, Steven MOTION: SECOND: VOTE~ Appleton Street. by )~r. Soule to deny the variance request, by Mr. Nickerson Unanimous motion carries July 13, 1981 -12- Regular Meeting MOTION: SECOND: VOTE: by Mr. Frizelle to continue the meeting to July 21, 1981. by Mr. Nickerson Unanimous - motion carries The meeting adjourned at 12 midnight. airman Jean E. White, Secretary