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HomeMy WebLinkAbout1973-03-12Monday - March 12, 1973 5 Nearimgs, The BOARD OF APPEALS met on Monday eveming, March 12, 1973 at 7:30 P.M. in the Town Office Building meetimg room. The following members were present and voting: J. Philip Arsenault, Esq., Chairman; Dr. Eugene A. Beliveau, Clerk; Arthur R. Drummond, Frank Serio, Jr. and William N. Salemme. Associate Members Joseph Niragliotta, Esq. and Alfred Frizelle, Esq. were also present. There were 20 people present for the hearings. 1. RE~I~: Tro~lyBros., Inc. Dr. Beiiveau read the legal notice in the.appeal of TRO~BLT BROS., INc. who requested a variation of Sec. 6.3 of the Zoning By-Law so as to permit the erection of au Automobile Service Center located at the south side of Sutton Street at the corner of Main Street. Atty. Charles W. Trembly, Sr. represented the petitioners. The three Trembly boys were also present. The property is located at Suite's Cor~er.. The original garage is to be torn down; four other buildings have already beentaken downed the area has already been improved. The proposed building is located as shown on the plans. A variance is necessary because of the odd shape of the lot and they cannot meet the 25 ft. rear and sideline setbacks. They propose to build a new service station and this would be ag rear improvement to the area since the corner has been cleared of old buildings and a new building would be erected. Dr. Beliveau asked what the traffic pattern would be. Mr. Trombly said the traffic from Main St. will go out through Sutton St.; no traffic will go out from the corner. The building will have 3 bays in front and one large inspection area. The storage tanks will be under the pumps in the front. No one el~e spoke and there was no opposition. Mr. Drummomd made a motion to take the petition under advisement; Mr. Serio seconded the motion and the vote was unanimous. HEARI~: Prescott Nursing Home, Inc. Dr. Beliveau read the legal notice in the appeal of PRESCOTT NURSI~ HONE, lNG. who requested a Special Permit under Section ~.122 (17) of the Zo~g By-Law so as to permit a Nursing Home located at the north side of Prescott Street at the corner of Chickering Road and known as 1~0 Prescott .St. Walter P. Hughes, 13 LockwayRd., Andover, represented the petitioner. He ex- pl~t~ed that it is proposed to remove the present Shady Knoll Nursing Nome and construct a new facility on the two acres as shown. There is an approved sub- division for towrnhouses'whichwill be operated in conJunction with the nursing home. It is proposed to have 130 beds; 12 single rooms and 58 double rooms. 73 parking spaces are provided. The Zoning By-Law requires 600 sq. ft. of area per bed, making 78,000 sq. ft. This proposal has 105,580 sq. ft. of area which is well over the requirements. There are adequate water and sewer facilities from Chickering Road and Prescott Street. Three ways of egress are shown; one on Prescott Street and two on ChickeringRoad. No one else spoke. There were no abutters present. Mrs. Elaine Griffin, Chickering Road, telephonic to the Chairman before the meeting, that she was opposed to the petition. ~arch 12, 197~ - cont. Mr. Serio was concerned~ about the~ entrances on Chickering Road because it is such a heavily travelled way. Mr. Serio made a motion to take the petition under advisement; .Mr. Drummond seconded the.motion and the vote was~unanimous. 3- HEARI~: Noren Realty, Inc. Dr. Beliveau read the legal notice in the appeal of ~OREN REALTY, INC. who requested a~variance of Sections 6.1, 6.2, 6.3 and 6.5 of the Zoning By-Law so as to permit the relocation of lot lines in order to. conform to present zoning and the allowance cf the existing lots formed under the earth removal permit; located at the south side of Holt Road, approx. 80 feet from the corner of Clark Street. Mr. Marino and Mr. Regazzine appeared before the Board as representing Noren Realty, Inc. and explained that there is a hardship because they were following the zoning requirements as to the sizes of the lots; the last two lots have been formed to conform to present zoning. The first three lots were terraced to conform to zoning existing at that time; he said it would be costly.to make those lots conform to present zoning. He also asked that the Board allow the setbacks as they were in the previous By-law because it would be hard to set a b,,41 ~4~g on a 50,000 sq. ft. lot with the present setbacks of 50 feet. A letter was received from the Building Inspector which stated that he had in- formed Noren Realty about the proposed zoning changes that would create this problem and they chose not to appear before the Planning Board to register a cempl~4nt. He feels there is no hardship on which to base their appeal. The area could be properly graded so that all of the lots would conform to the current regulations. Mr. D~mmond made a motion to take the petition under advisement; Mr. Serio seconded the motion and the vote was unanimous. ~. HEARI~: Louis St. Pierre. Dr. Beliveau read the legal notice in the appeal of LOUIS ST. PledGeE who requested a variance under Section 6.3 of the Zoning By-Law so as to permit an addition to a dwelling which would be closer to the side line than is allowed; located at the west side of Chadwick Street and known as 77 Chadwick Street. Mr. St. Pierre appeared on his .own behalf and explained that he would like to build an addition to his hems. The addition would be to the living room area and would measure 7 ft. by 16 ft. and would be ~.8 feet from the side lot line. The dwelling on the abutting lot is approximately 50 feet away from the lot line. Mr. Serio made a motion to take the petition under advisement; Mr. Drummond seconded the motion end the vote was unanimous. March 12, 1973 -cont. 5. NEARIRI~: Armand E. LaPointe. Dr. Beliveau read the legal notice in the appeal of ARMAND E. LaPOINTE who requested a variance under Section 6.1 of the Zoning Wy-Law so as to permit the erection of a dwelling on a 1OOxlOO sq. ft. lot; located at the westerly side of Autran Avenue, approx. 500 feet from Massachusetts Avenue. Mr. LaPointe and his son-in-law appeared on their own bob,l* and explained that a house is presently existing on one lot and that his daughter and son-in-law would like to build a home on the other lot. Water and sewer facilities are available. One lot fronts on Autran Avenue and one fronts on Adams Avenue. They would like to build a single family home. They did not have any plans pre- pared as yet because Land Court is involved and they wanted to know if the Board would approve their petition first before they went to the large expense of having a surveyor draw up the plans. There were no abutters present and there was no opposition. Mr. Serio made a motion to GRANT the variance ~ith the condition that only a single family house may be built and that proper plans be submitted$ Dr. Beliveau seconded the motion and the vote was unanimous. The Board found that there would be a hard- ship, financial or otherwise, if the petitioner were not able to use the vacant lot for a dwelling for his daughter; that there are many lots in the area of similar size or smaller and-that it would not adversely affect the neighborhood or derogate from the intent of the By-law. ~J~ REAL TRUST: Associate Members Miragliotta amd Frizelle sat on this petition and were present this evening. The Board had requested a report from the BuilMi~g Inspector as to the fire damage to this builSing some years ago. Mr. Foster reported that he was unable to determine the full extent of the fire damage because a majority of the ceiling and wall area is plastered. If and when work does start on this building, sections of the plaster will have to be removed so that the Building Inspector can see Just what structural members must be replaced. Those rafters~ Joists, structural beams and sheathing that are charred must be removed and replaced. Whatever wood is scorched must be scraped and painted to remove any odor. Atty. John Willis presented a new plot plan because he was aware that the Board did not like the finger of land along Water Street. The finger is taken out and the lot line runs at an angle to the rear of the lot. The lot now pr~vldes 25,312 sq. ft., which is an increase of 6,000 sq. ft., it exceeds the required area by 8,000 sq. ft. He has redesigned the parking areas. Ne presented a floor plan of the cellar area as requested by the Board. He said it will be necessary to expand the boiler capacity and he will build a completely enclosed boiler room. There will be a utility and laundry room with washers and dryers. The storage space exceeds the requirements for all of the apartments. There will be a 20x65 ft. refuse area which will be enclosed by a six foot stockade type fence and he will have additional planting of shrubs, etc. Discussion was held as to the apartment that had been questioned previously as to having a proper exit. Section ~, g. of the By-law states that outside stairways must be enclosed, Mr. Willis said he will do anything mecessary to meet all of the requirements for the safety of the tenants. Mr. Miragliotta made a motion to take the petition under advisement; Mr. Serio seconded the motion and the vote was unaln_i~ OU s, March 12, 1973 - cont. GIL~T PEA EAHTH R191OVAL: Members Beliveau, Serio, Sale,wee, Drummond and A.M. Frizelle sat on this. Dr. Beliveau read a letter from Oilbert Rea requesting renewal of his earth removal permit. Mr. Serio made a motion to refer the matter to the Building Inspector for report, at the next meeting; Mr. Drummond seconded the motion and the vote was unanimous. STEPHEN R. DOHERTT: A letter had been received by each member of the Board from Mr. Doherty relative to his petition, cont-~ning additional information. Chairman Arsenault doesn't think the Board should accept the letter becaUse the hearing is closed. Further discussion was held on the petition and Mr. Serio made a motion to grant the division of land subject to limiting it to a single family home, that the house face the street and that he provide off-street parking. Mr. Doherty was not present and the Board discussed holding off on the decision until next month t~ see if Mr. Doherty will present a plan showing a single family house. Mr. Drummond then made a motion to grant the variance on'the plan as it stands. Mr. Salem, s seconded the motion; Mr. Saleratus and Mr. Drummond voted yes; Mr. $erio, Dr. Beliveau and Mr. Arsenault voted no; the motion failed. The Board will hold up on the petition in order to contact Mr. Doherty to see if he will build a single family house. Mr. Doherty came to the meeting later and Chairman Arsenault explained the Board's actions on the matter. Mr. Doherty asked the Board to allow him a week to decide what he would prefer to do. The Board agreed. MRS. VINOENZA IPPOLITO: The Board VOted on the Ippolito petition Which had been carried over fr~m last month. Mr. Serio made a motion to GRANT the variance with the condition that a single family ~ home may be built; Mr. Drummond seconded the motion and the vote Was ~a~imoHs. ~he Board found that the petitioner was elderly and there would be a hardship if she were not allowed income from her property. They also found that the neighbor- hood is made up of small lots, 'many the same size as in this petition, and that the formation of these lots would not be detrimental to the area; or be in substantial derogation from the intent and purpose Of the Zoning By-Law. ~' The Board discussed and voted on the Elm Real Trust petition. Atty. Miragliotta made a motion to GRANT the special permit in accordance with the revised plan, marked "A", and the variance requested, subject to the following conditions: 1. The trash area, 2~x25, shall be enclosed with a six foot stockade fence, 2. Exits are to be as shown on the plan. March 12, 1973 - cont. 3. Add an exterior stairway that leads to Apt. #~, in accordance with the State building code and enclose it in accordance with Section ~. G. of the Zoning By- Law. ~ &. Ail existing trees are to remain. .. 5. This decision shall be subject to the approval of the. Fire. Chief with regard to the existing facilities, in accordance with Section 6 of the Zoning By-law. Mr. Serio seconded the motion and the vote was unanimous. The Board went over the Zoning By-Law requirements step by step and found the~following: Co 1o ~ · S~wes's: 6. Water: Land Area: 25,312 sq. ft. - more than the required 18tOOO sq. ft. Parking: Nas 12 parking spaces as required. 2. d. does not apply. Construction: Meets requirements. Design: a. More than enough area per apartment tm_it. b. Does not apply. c. Meets requirements. d. Variance granted (site development by a certified engineer). e. Ail existing trees will remain. f. Meets requirements. g. Enclose outside stairway to second floor from Apt. #~, in accordance with State building code and Zoning By-Law. Meets requirements. Meets requirements. The Board found that the following conditions are met as required in the Zoning By-Law: (a) The specific site is an appropriate location for this use. i~! The use as developed will not adversely affect the neighborhood. There will be no nuisance or serious hazard to vehicles or pedestrians. Adequate and appropriate facilities will be'provided for the proper operation of the proposed use. The Board reviewed the Noren Realty petition. Dr. Beliveau made a motion to grant the variance to allow the area of 50,000 sq. ft. and 35 ft. sideline setbacks on lots l, 2 and 3; Mr. Serio seconded the motion and the vote was 3 members, Serio, BeliveauandArsenault, voting yes and members Salemme and Drummond voting no., The motion did not pass. The members voting against the motion felt that the petitioner had not proven hardship. TROMBLY BROS., INC. The Board reviewed the Trombly petition and found that application should have been made under Section 7.2 also which section specifically pertains to service stations. The petitioner ~ be notified. Due to the lateness of the hour, the Board will vote on the PrescottNursing Heme St. Pierre petitions at the next meeting. The meeting adjourned at ll:OOP.M. Chairman