Minutes pertaining to the Board of Appeal Meeting held on Wednesday, JANAURY 21,
2015 in the Maurice Buck Auditorium, Town Hall, 365 Boston Road, Billerica, MA.
Members Present: Richard A. Colantuoni, Chairman; Doris M. Pearson, Vice- Chairman,
Joseph P. Shaw, and Ralph J. McKenna and Salvatore A. Dampolo,
Alternate Members.
Chairman Richard A. Colantuoni opened the Board of Appeal meeting at 7:00 P.M.
Chairman Colantuoni read the notice of each petition prior to its hearing and swore in
those wishing to speak on each petition.
--------------------------------------------------------------------------------------------------------------------HEARING #1&2
REAL ESTATE INVESTMENT AND EQUITY LLC
BY JAMES T. DANGORA, ESQ.
LOCUS:
0 THOMAS GRACE WAY (PLATE 73 PARCEL 68-0)
Members sitting on these hearing: Richard A. Colantuoni, Doris M. Pearson, Ralph J.
McKenna and Salvatore A. Dampolo. Joseph P. Shaw did not sit on these hearing nor was
he in the auditorium at the time of these hearings or these decisions.
The petitioner and his attorney agreed to go forward with four members instead of the
regular five member board.
Attorney James T. Dangora, Sr. appeared to the Board of Appeal for an APPEAL of the
Building Commissioner’s December 10, 2014 Denial of a building permit to Paul
Cammarata. pursuant to Sections 7.B.4 (Reduction of Area), 7.D (Yard Space), 7.L
(Dimensional Table) and 10 (Non-conforming) of the Zoning By-law and Massachusetts
General Laws Chapter 40A, Sections 8, 10, 13 and 15.
Also requested, a VARIANCE
pursuant to Sections 7.B.4 (Reduction of Area), 7.D (Yard Space) and 7.L (Dimensional
Table) of the Zoning By-law or any limitation, extension, change, alteration or modification
of use, or method of use as may at hearing appear necessary or proper in the premises to
allow the petitioner to construct a single family home on land located in a Rural Residence
Zone.
The Appeal is relative to this single family non-conforming lot that contained a dwelling for
over 50 years. It was assessed and taxed and as a house lot and classified as a year round
dwelling by the Assessor. The year round dwelling was built in 1912.
2
R. E. Investment cont’d:
The petitioner purchased the parcel of land that had contained a dwelling for over fifty
years with a foundation under the old dwelling. Said lot should be a non-conforming lot.
In order to construct a single family home on the lot, the Variance is required. Paul
Cammarata is present to answer any questions from the board.
Lots 520 and 521 are shown a plan in 1910 and 1912 with 25 foot by 100 foot lots. The first
deed is in 1921 by the McDonalds. In 1955 it was sold to the Nordstrom family then sold in
1958 to the Medola family. In 2010 Mr. and Mrs. Medola transferred ownership to their
daughter Deborah. Deborah A. Medola sold the land to Real Estate Investment and Equity
LLC in 2013. There have been buildings on this land since 1921. The Assessor’s office has
the property listed as a year-round camp.
Mr. Cammarata obtained approvals from the Board of Health and Conservation
Commission with their Order of Conditions. Attorney Dangora submitted copies of the
Board of Health and Conservation Commission approvals.
If you don’t want to grant the Building Inspector’s Appeal, we are asking that you grant
the petitioner a Variance that meets the hardship criteria. He feels the petitioner is entitled
to a building permit.
If the Variance is granted, Paul intends to build a single-family house on the lot. There is a
sewer line on the property.
Mrs. Pearson asked, if the land originally contained the required 5,000 square feet of land?
Atty. Dangora said in 1921 Lots 510 and 521 contained 5,000 square feet of land.
Mr. McKenna said he would like to hear from the Building Inspector.
Mark LaLumiere, Billerica Building Commissioner explained he denied the building
permit based on review of the relevant documents showing it is an undersized lot merged
for zoning purposes and Town Counsel’s e-mail opinion dated Dec. 4, 2014 (Copy in file.)
Also, this land was merged with 39 MacDougall Street.
Mr. Colantuoni said we don’t have a plan showing the property was merged with 39
MacDougall Street. When was it merged?
Mr. LaLumiere said it was merged in 1963.
Atty. Dangora said he has no records showing the land was merged. We are dealing with
this particular lot that had a house on the property for many years. Paul Cammarata is
here requesting a Variance to build a house on this land.
Mr. McKenna said for once he agrees with Attorney Dangora that the land was not
merged. He commended the Building Commissioner for doing a good job on this unusual
situation.
3
R. E. Investment cont’d:
Mr. LaLumiere said he is trying to be consistent with every decision. That is very
important.
Atty. Dangora said there was a house on 39 MacDougall for many years.
Justin M. Makso lives at 39 MacDougall Street and said his house was built in 1977.
Doris M. Pearson made a motion to close the hearings, second by Salvatore A. Dampolo.
All four members in favor. Motion granted.
Doris M. Pearson made a motion to Grant the petitioner an Appeal pursuant to the legal
ad, documents submitted and testimony given, second by Salvatore A. Dampolo. All four
members opposed. Motion denied.
Doris M. Pearson made a motion to Grant the petitioner a Variance pursuant to the legal
ad, plans, documents and testimony given, second by Salvatore A. Dampolo. All four
members in favor. Motion granted.
--------------------------------------------------------------------------------------------------------------------HEARING #3
NOREEN J. CONWAY, 37 ALPINE STREET
LOCUS:
37 ALPINE STREET (PLATE 8 PARCEL 47-1)
Members sitting on this hearing: Richard A. Colantuoni, Doris M. Pearson, Joseph P.
Shaw, Ralph J. McKenna and Salvatore A. Dampolo.
Noreen Conway and her husband John appeared before the Board of Appeal for a
SPECIAL PERMIT pursuant to Sections 5.C.1.i.(2)(c) (In-law Apartments) and 5.F (Use
Table) of the Zoning By-law to an in-law apartment onto her house located in a Village
Residence Zone.
Noreen and her husband live in the main house. Noreen’s mother lives in the in-law
apartment. The in-law apartment does not exceed the 800 square foot requirement. There
is sufficient space for the additional residential vehicles in their existing driveway.
This was the family homestead. She and her family moved to North Billerica for many
years, but moved back here to take care of her mother.
Mrs. Pearson asked how large is the addition to the house and how do you get to the in-law
apartment?
Mrs. Conway said it is over 1,000 square feet. You enter the in-law apartment through a
bedroom.
4
Conway cont’d:
Mrs. Pearson explained the rules and regulations regarding in-law apartment, if the
Special Permit is granted.
Salvatore A. Dampolo made a motion to close the hearing, second by Doris M. Pearson.
All in favor. Motion granted.
Doris M. Pearson made a motion to Grant the petitioners a Special Permit pursuant to the
legal ad, plan submitted and testimony given, second by Ralph J. McKenna. All in favor.
Motion granted.
--------------------------------------------------------------------------------------------------------------------HEARING #4
JEF AND SHANNON E. ST. PIEERE AND DENNIS DURGUN
LOCUS:
6 PEARL ROAD (PLATE 88 PARCEL 86)
Members sitting on this hearing: Richard A. Colantuoni, Doris M. Pearson, Joseph P.
Shaw, Ralph J. McKenna and Salvatore A. Dampolo.
Jeff and Shannon appeared before the Board of Appeal for a SPECIAL PERMIT pursuant
to Sections 5.C.1.i.(2)(c) (In-law Apartments) and 5.F (Use Table) of the Zoning By-law to
maintain an existing in-law apartment in their house located in a Village Residence Zone.
Jef and Shannon and their family live in the existing house. Jef’s mother lives in the in-law
apartment in the lower level of their house. The in-law apartment does not exceed the 800
square foot requirement. There is sufficient space for the additional residential vehicles in
their existing driveway.
Mrs. Pearson asked, it the in-law apartment meets the 800 square foot requirement?
Mr. Shaw said the in-law apartment measures 694 square feet.
Mr. McKenna asked, if the in-law apartment is there now?
Mr. St. Pierre said they bought the house with the in-law apartment. They are trying to
refinance their loan and were advised they required the Special Permit for the in-law
apartment.
Joseph P. Shaw made a motion to close the hearing, second by Salvatore A. Dampolo. All
in favor. Motion granted.
Joseph P. Shaw made a motion to Grant the petitioners a Special Permit pursuant to the
legal ad, plan submitted and testimony given, second by Salvatore A. Dampolo. All in
favor. Motion granted.
HEARING #5
MATTHEW T. AND BETH L. BALDWIN
LOCUS:
89 LEXINGTON ROAD (PLATE 88 PARCEL 146)
Members sitting on this hearing: Richard A. Colantuoni, Doris M. Pearson, Joseph P.
Shaw, Ralph J. McKenna and Salvatore A. Dampolo.
Matthew T. Baldwin appeared before the Board of Appeal requesting a VARIANCE
pursuant to Section 7.D (Yards) of the Zoning By-law to allow the petitioner to build a
farmer’s porch onto their house located in a Neighborhood Residence Zone.
They would like to replace their existing front porch with a wrap-a-round farmer’s porch
onto their house. In order to build the farmer’s porch, the Variance is required.
Mr. Colantuoni asked, if the porch will be the same size of the existing porch?
Mr. Baldwin said yes, but changing to the farmer’s porch style.
Mrs. Pearson said their plan for the farmers’ porch looks very nice.
Joseph P. Shaw made a motion to close the hearing, second by Doris M. Pearson. All in
favor. Motion granted.
Doris M. Pearson made a motion to Grant the petitioners a Variance pursuant to the legal
ad, plan submitted and testimony given, second by Salvatore A. Dampolo. All in favor.
Motion granted.
--------------------------------------------------------------------------------------------------------------------HEARING #6
CARLSON HVAC INC. FOR K9 EDGE
BY STEPHANIE ANGUILO-COSTA
LOCUS:
251 OLD CONCORD ROAD (PLATE 77 PARCEL 71-0)
Members sitting on this hearing: Richard A. Colantuoni, Doris M. Pearson, Joseph P.
Shaw, Ralph J. McKenna and Salvatore A. Dampolo.
Stephanie Anguilo-Costa and Stephen Romard appeared before the Board of Appeal
requesting a SPECIAL PERMIT pursuant to Sections 5.C.6.b(2)(c ) (Dog Day Care),
5.C.6.b(2)(d) (Dog Training) and 5.F (Use Table) of the Zoning By-law to operate a dog
care and dog training business in building and on land located in a General Business Zone
Stephanie, MBA business manager and Steve Romard, Professional Canine Trainer, will
operate this business in this 2660 square foot building. They will offer specialized canine
training, a dog daycare and grooming and a small retail area. There will be no more than
15 dogs in the facility. There will be no over-night in-kennel training service or kenneling
of dogs at the site.
6
K9 Edge cont’d:
Mr. Colantuoni asked what exactly are you doing there.
Ms. Costa explained they will be operating the dog day care service, canine and obedience
training and a grooming service. People may bring their dogs to bath and groom them on
their own, as well.
Mr. Colantuoni asked, if they will have overnite dog care service too?
Ms. Costa said no. Their business hours will be from 7:00 A.M. to 7:00 P.M.
Mr. Colantuoni asked, how long are the classes?
Ms. Costa said the scheduled is daily from 7:00 P.M. to 8:00 P.M., 8:00 P.M. to 9:00 P.M.
and four classes on Saturday.
Mrs. Pearson asked, how much time are the dogs outside the building?
Ms. Costa explained the dogs will have limited time outside to play and then inside for a
snack and naps.
Mrs. Pearson asked, how large is the outside area?
Ms. Costa said it is 40 feet by 40 feet.
Mr. Dennis O’Connor, 255 Old Concord Road said he is not in favor of this request. He is
concerned that it will not be safe for his children especially when he and his children take
their usual bike rides in that area. Also, that many dogs consistently barking, people in
their vehicles dropping off and picking up the dogs each day will affect the quality of life
for his family and others in their neighborhood.
Mr. Romard argued that their dogs would not be a detriment to the neighborhood. They
maintain a clean and safe environment for everyone.
Mr. Shaw asked, what type of fence do you have for the kennel area?
Ms. Costa said their fencing will be eight feet high and in compliance with the Billerica
Zoning By-laws. None of the dogs will be running around the neighborhood. They will all
be on a leash. People park their vehicles for a short time when they bring their dogs to
them early in the morning and again when they pick them up at night.
Mr. Colantuoni asked, if the inside training area will be segregated from the general public
area?
Ms. Costa explained the training area on the floor plan submitted to the board. It will be in
a designated area away from the public area
Mrs. Pearson asked, if there is a protected children’s area away from the dogs?
7
K9 Edge cont’d:
Ms. Costa said there is a five to six foot fence inside the building separating the dogs from
the public area, especially during the time the dogs are being evaluated.
Mr. Shaw asked, how do you maintain the dogs waste on the property?
Ms. Costa said they wash down the outside area daily and have scheduled dumpster pick.
Mr. McKenna said he remembers when all you had to do was toss a ball to the dogs for
outside playtime. It’s so different now!
Joseph P. Shaw made a motion to close the hearing, second by Salvatore Dampolo. All in
favor. Motion granted.
Joseph P. Shaw made a motion to Grant the petitioner a Special Permit pursuant to the
legal ad, plan submitted and testimony given, second by Doris M. Pearson. Two voted in
favor and three opposed. Motion denied.
--------------------------------------------------------------------------------------------------------------------HEARING #7
HIDDEN OAKS, LLC, JOHN CARROLL MANAGER
BY EDITH M. NETTER, ESQ.
EDITH M. NETTER & ASSOCIATES, P.C.
LOCUS:
74 OAK STREET (PLATE 12 PARCELS 33-1, 39-1,
44, 45, 45-3, 49-1, 50-3, 51 AND 53)
Members sitting on this hearing: Richard A. Colantuoni, Doris M. Pearson, Joseph P.
Shaw, Ralph J. McKenna and Salvatore A. Dampolo.
Attorney Edith M. Netter appeared before the Board of Appeal for a COMPRHENSIVE
PERMIT pursuant Chapter 40B Sections 20-23 of the Massachusetts General Laws to
construct 80 townhouse dwellings to be located on land in a Rural Residence Zone.
Attorney Edith M. Netter announced she is retiring soon and introduced Attorney Paul
Haverty, who will represent John Carroll for this Hidden Oaks Comprehensive Permit.
Chairman Colantuoni explained that there will not be a Hidden Oaks presentation this
evening, as the board wishes to have all our seven (7) members attend the hearings process.
Two of our regular members are unable to attend this evening; one due to illness and one
on vacation. He then explained, to those present in the audience for this hearing, the Board
of Appeal process for the many Comprehensive Permit meetings. Everyone will be given
the opportunity to speak on this Comprehensive Permit at future meetings. One night is
generally designed to the abutters’ presentation and concerns. He asked that the
neighborhoods have one or two designated people to present their concerns. However,
everyone will be allowed to speak if they wish. These meetings will be conducted in a
professional manner.
8
Hidden Oaks cont'd:
Chairman Colantuoni asked the Board of Appeal, the petitioner and his attorney to agree
to a date and time certain for the actual Comprehensive Permit presentation meeting.
Doris M. Pearson made a moion to continue the Hidden Oaks Comprehensive Permit
hearing to March 4, 2015 at 7:00 P.M., second by Joseph P. Shaw. All in favor. Motion
granted.
--------------------------------------------------------------------------------------------------------------------OTHER BUSINESS - BOARD OF APPEAL MEETING - JANUARY 21, 2015
HEARING:
BCB REALTY, LLC BY STEPHEN A. NELSON, ESQ
SHEA, DANGORA & NELSON, BILLERICA, MA
LOCUS:
34 FRENCH STREET (PLATE 78 PARCEL 17)
Attorney Stephen A. Nelson, representing the petitioner, appeared before the Board of
Appeal requesting a VARIANCE pursuant to Sections 7.D (Frontage) and 7.L
(Dimensional Table) of the Zoning By-law to allow the petitioner to divide its land into
three lots as set forth on the plan and to otherwise make the lots conforming in all respects
in a Neighborhood Residence Zone.
Chairman Colantuoni explained we have only four members available for this hearing this
evening. The petitioner may go forward with the four members or continue to the next
Board of Appeal meeting.
Attorney Nelson responded his client would like to continue this hearing to be heard by a
five member board at the next available Board of Appeal meeting.
Doris M. Pearson made a motion to continue the hearing to February 18, 2015 at 6:30
P.M., second by Ellen Sargent. All in favor. Motion granted.
--------------------------------------------------------------------------------------------------------------------Doris M. Pearson made a motion to accept the minutes of the Board of Appeal meeting on
December 17, 2014, second by Salvatore A. Dampolo. All in favor. Motion granted.
Doris M. Pearson made a motion to adjourn the January 21, 2015 Board of Appeal meeting
at 10:21 P.M., second by Salvatore A. Dampolo. All in favor. Motion granted.
Next Meeting: February 18, 2015
Respectfully submitted,
_______________________________
Doris M. Pearson, Acting Secretary
_______________________________
Jane M. Nolan, Recording Secretary