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HomeMy WebLinkAbout1983-03-14March 14, 1983 Regular Meeting The Board of Appeals held a regular monthly meeting on Monday evening, March 14, 1983 at 7:30 p.m. in the Town Office Meeting Room. The following members were present and voting: Alfred E. Frizelle, Esq., Vice Chairman; Richard J. Trepanier, Esq., Clerk; William J. Sullivan; Walter F. Soule; and Maurice S. Foulds. Building Inspector Charles Foster was also present. Mr. Frizelle opened the meeting by telling the audience that only three of the members who sat on the public ~earing for Robert Forget are present tonight. Therefore, the continued public hearing cannot be held tonight. The Board will set up a special meeting and notify the interested parties. PUBLIC HEARINGS zachary Realty Trust - Variance - Bear Hill Rd. The Clerk read the legal notice. Mr. Joseph Cushing, project engineer, was present and made the following points: - The variance is requested to allow removal of vegetation within 25 feet of a tributary to the lake. - The land is part of the Bear Hill Subdivision and the applicant is required by the Conservation Commission and the Planning Board to minimize the rate of run off. - It has been necessary to develop two detention ponds. - One of the ponds is in the Lake Cochichewick Watershed. - The Planning Board has approved a Special Permit and has de- termined that a variance is als® necessary to alter the vege- tation. - There is a 50 foot buffer between the stone wall and the area of alteration. They are asking for permission to cut trees in order to do the construction. They need a variance on both sides of the line for the construction shown on the plan. (East and West side of the tributary). There are several different kinds of wetlands. In this particular part of the development, the slope comes down very fast. The soil holds the water and the vegetation is reflective of the water being held in the soil. March 14, 1983 -2- Regular Meeting Zachary - continued - There is standing water on the site. - This wetland is a reflection of the soil type rather than the water. - This is going to contain the storm sun-off water from the North- west quadrangle. - The rate of the flow will be no greater than £% is now after the development. - There is a 24 inch RCP and a pipe to control the water. - There will be no increase in the rate of run-off. - If it becomes blocked up, it will go o~er the dam, but it will be controlled spill rather than a hazard spill. - It is designed for a 100-year storm. - The maximum elevation will be ~eet to 5 feet. It will be filled with water for less than 73 hours after a storm and then go down. - The vegetation will be re-planted to grass. - The Con. Com. wants a strict erosion control plan. - The town will maintain the flood gates. - The applicant will grant easements and the owner of Lot 3 will also be responsible to watch the flow. - There will be encumbrances on the lot. - The owners of Lots 4 and 5 will have the same responsibility. The utility easement is so that any municipal agency can go in there. No one spoke in favor of the petition. Speaking in opposition was Mrs. Sandra Timmons who expressed con- cern that she will become landlocked with this development. In addition, Mrs. Timmons informed the Board that approximately 20 acres are being cut on Appleton Street and Mr. Cushing stated that it is not his client responsible for that cutting. A letter from the Building Inspector dated March 14, 1983 was read and placed on file. March 14, 1983 -3- Regular meeting Zachary - continued MOTION: by Mr. FouIds to take the matter under advisment. SECOND: by Mr. Trepanier VOTE : Unanimous - motion carries. Grandmaison, Eleanor - Special Permit - Easy St. The Clerk read the legal notice. Mr. Peter Grandmaison, son of the applicant, was present and made the following points: - The proposal is to construct a new dwellin~ with an in-law apart- ment, or family suite. - The suite will be an addition to the basic dwelling and will be 30 feet by 24 feet. - It will consist of a bedroom, kitchen, living room, and bath. - His mother will occupy the suite and he and his wife and daughter will occupy the main dwelling. Mr. Scott Follansbee informed the Board that E & F Builders currently own Lot 3 and that Mr. Grandmaison has a signed option on it. Mr. Follansbee added that there will be a second exit in the back of the dwelling. Speaking in favor of the petition was Mrs. Anna O'Connor, who in- formed the Board that Mr. Grandmaison passed away in June and his widow would like to come back to No. Andover. Mr. John Kozdras, an abutter, questioned the Board, but did not raise objection to the proposal. A letter from the Building Inspector dated March 14, 1983 was read and placed on file. MOTION: by Mr. Trepanier to take the matter under advisement. SECOND: by Mr. Foulds VOTE : ~ Unanimous - motion carries. March 14, 1983 -4~ Regular Meeting Plotkin, Edward - Variance - Turnpike St. The Clerk read the legal notice. Atty. John J. Willis, iJr., was present for the applicant and made the following points: - The petitioner's son has purchased the parcel and would like to construct an office building. - The Board of Appeals granted a variance a year ago, but con- struction did not occur. - The parcel meets all the requirements, except area. - The request is to extend the variance for an additional year during which time the construction should occur. - Mr. Plotkin was unable to market the property. - The law requires a reapplication. - The same factors exist today - nothing has changed. No one spoke in favor of the petition. Speaking in opposition was Atty. James Eaton, representing the interests of the late Charlotte Rea. He stated that just because this is an isolated parcel in an Industrial area, it should not be reduced to an acre. Also, he was not aware of the variance granted a year ago. Atty. Eaton stated that the ZOning By Law should be upheld and the applicant should comply with the requirements. He feels that the applicant could negotiate to obtain two acres. Mr. Plotkin's son stated that he remembers his parents trySng to purchase land from Mrs. Rea, but she passed away and nothing ever came about. Atty. Willis added that Mr. Plotkin has a piece of property which the town made non-conforming ~hen they re-zDned it. They have a right to use the land and shoUld not be placed in a position to be forced to purchase additional land. MOTION: by Mr. Foulds to take the matter under advisment. SECOND: by Mr. Sullivan VOTE : Unanimous March 14, 1983 -5~ Regular Meeting OTHER BUSINESS Sign Plans Gourley - Proper members ~t present - will sign at next meeting. E.P.R. - Remainder of members signed the plans. Ventura - No plans submitted~ Mills Hill - Report f~om Bui.ldin~ Inspector The Building Inspector has not inspected the site. Will discuss at next meeting. plan Requirements - Amendment to Rules and Regulations MOTION: by Mr~ Trepanier to amend the Rules and Regulations of the Board of Appeals as follows: SECOND~ VOTE : For petitions requesting variation(s) from the provisions of Section 7, Paragraphs 7.1, 7.2, 7.3, and 7.4 and Table 2 of the zoning By Law for conveyance purposes only, a plot plan, certified by a registered engineer or land surveyor, of the parcel of land With a structure thereon being con- veyed, will be acceptable to the Board of Appeals provided: 1, The dwelling(sl, structure(s) , or building(s) were constructed prior to March 14~,' 1977. The petition is not to allow construction or alteration to the dwelling(s), structure(s), or building(s) which will result in the need for the issuance of a building permit. The size of the plan shall be no smaller than 8½ x 11 and must show the existing area of the parcel, the existing frontage, and the existing setbacks of the dwelling(s), structure(s), or building(s) being conveyed. Proper space is provided on the plot plan for the Board's signatures, as well as adequate space for the following informations date of filing, date of public hearing, and date of approval. by Mr. Sullivan Unanimous - motion carries~ March 14, 1983 -6- Regular Meeting Minutes - August 9, 1976; October 18, 1976; October 27, 1976; November 2, 1976; November 8, 1976; December 13, 1976. All approved by Mr. Frizelle since he is the only current member of the Board who was also on the Board in 1976. Flood Plain By Law - Submitted by Town Planner The Board will wait for Town Meeting action before acting on this proposal. DECISIONS Zachary Realty Trust - Bear. Hill Rd. MOTION: By Mr. Foulds to grant the variance as requested. SECOND: by Mr. Soule VOTE : Unanimous - motion carries. Grandmaison, Eleanor - Special Permit - Easy St. MOTION: by Mr. Trepanier to grant the Special Permit subject to the following conditions: 1. That title to the property be in Peter or Eleanor Grandmaison's name. 2. The family suite is solely~ for occupancy by Eleanor Grandmaison, mother of Peter Grandmaison. 3. The Special Permit shall expire at the time Eleanor Grandmaison ceases to occupy the family suite. 4. The Special Permit shall expire at the time the premises are conveyed to any ~erson, partnership, trust, or corporation. 5. The applicant, by acceptance of the Certificate of Occupancy issued pursuant to the Special Permit, grants to the Building Inspector or his lawful designee the right to inspect the premises. SECOND: by Mr. Sullivan VOTE : In favor ~ 4 (Frizelle, Trepanier, Sullivan, Soule) Opposed - 1 CFoulds) The motion carries. March 14, 1983 -7- Regular Meeting Decisions - continued Plotkin, Edward - Turnpike St. MOTION: by Mr. Trepanier to grant the request to extend the variance as requeSted. SECOND: by Mr. Soule VOTE : Unanimous - motion carries. The meeting adjourned at 10:30 p.m. Vice~~i ~m ~ Secretary k