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HomeMy WebLinkAbout1985-10-14October 1~, 1985 The Zoning Board of Appeals held a regular meeting on this date in the Town Hall at 7:30 p.m. with the following members present: Chairman Frank Serio, Alfred E. Frizelle, William Sullivan, Waiter F. Soule, and associate members John Simons, and Anna O'Connor. PUBLIC HEARINGS Delta & Delta Realty - Variance - Sign at the North Andover Mall The clerk read the legal notice. A representative of Sign Center Co. presented the Board with a sketch of the proposed sign. Said sign to be 32ft. high x 4 ft. wide illuminated free standing sign to direct traffic to the drive-up area of the Arlington Trust Company, at that business' new location at the far end of the mall. Zoning Enforcement Officer, Charles Foster reviewed the necessity for a variance being the number of ground signs allowed per lot would be exceeded, and the sign size exceeds permissable size (which is determined by the size of the building). Chairman Frank Serio questioned a representative of DeMoulas Markets, John Enson, what is the building height. Mr. Enson replied 20'6". Chairman Serio then asked why the sign is designed taller than the building itself. Mr. Enson replied that visibility is poor from the mall entrance to Arlington Trust and it would call attention to the fact that the bank has moved. The clerk read correspondence from the Zoning Enforcement Officer, noting denial of the sign permit. MOTION: by Mr. Frizelle to take the matter under advisement. SECONDED: by Mr. Soule VOTE: Unanimous Michael S. Holland - Variance - 217 Waverly Rd. The clerk read the legal notice. Atty. Michael Gorham, representing the petitioner, stated that Mr. Holland wishes to subdivide the property to construct another dwelling on the property, which his family will reside in. Mr. Gorham adds that the present structure is not large enough for the Holland family, and further stated that it would cost-prohibitiv~ to construct an addition to the present structure. Mr. Gotham also stated that the Hollands intend to sell the original structure, and will raze a garage on the lot. No one present opposed to the petition. MOTION: by Mr. Frizelle to take the matter under advisement. SECONDED: by Mr. Sullivan VOTE: unanimous Town of North Andover - Special Permit - Johnson Street A hearing was continued to this date on the application for a special permit to permit a public use in a residential district for the Town of North Andever, a parking facility at Johnson Street, between the Community ~enter and the Masonic Lodge. October 1~ 1985 continued Zoning Enforcement Officer, Charles Foster, presented design plans drawn by Peter Hornbeck, and noted that it is requirement that adequate parking is provided for the public use of the Community Center. The clerk read correspondence from Peter Hornbe~k, noting a maximum of 57 parking spaces possible for that area. Chairman Serio asked if the Town would maintain the lot. Charles Foster replied yes. Mr. Frizelle asked if more land could be taken from the Community Center to add more spaces. Gene Avrett of the Old Center Study Committee replied that this was reviewed, but fouund to be cost-prohibitive due to the topographiCal lay of the land. MOTION: by Mr. Frizelle to take the matter under advisement. SECONDED: by Mr. Sullivan VOTE: 4-1 in favor of the taking the matter under advisement. Mr. Soule opposed as he wishes to take a vote on the matter presently. RECONSIDERATION: Michael L. Kettenback - variance - land bordering Lake Cochichewick The clerk read correspondence from Atty. James Curtis, urging the Board's reconsideration of the variance. Said variance to construct a single family residence on 30 acres, with no street frontage, at Edgewood Farm. The clerk read correspondence from Sam Rogers of Edgewood Farm in favor of~the variance. MOTION: by Mr. Sullivan to reconsider. SECONDED: by Mr. Soule Discussion: Mr. Frizelle stated that the Board should not reconsider as nothing has changed since the last time to take up reconsideration. Further stated that a bad precedent would be set by approving this petiton, and questioned whether it is even legal to do so. Chairman Serio stated that he would rather see one residence on 30 acres, than a subdivision, and saw this as an opportunity to lock up 30 acres. Mr. Simons feared that a precendent would be set on this parcel if a variance was granted, and it would be difficult to substantiate denying any further requests for variance. He added that Mr. Kettenback hasn't shown any undue hardship as he hasn't purchased the land yet. Further stated that the bylaw is clear that a variance cannot be granted in this case. Mr. Frizelle noted that the Board has voted no on a request for a variance in the past, wb~n there was at least a small amount of frontage, VOTE CALLED FOR: 4 votes needed ~o reconsider; 4 members voting: SeriO, Frizelle, Sullivan, Soule. Voted: 3-1 for reconsideration (Frizelle opposed). Motion failed. October 1~ 1985 continued DECISIONS Delta & Delta Realty - variance - North Andover Mall MOTION: by Mr. Frizelle to grant the variance requested by Delta & Delta Realty for one wall sign for Arlington Trustl,.Company, not to be larger than the existing sign and to deny the variance for a free standing pole-mounted ground sign. SECONDED: by Mr. Simons VOTED: unanimous Town of North Andover - special permit - Johnson Street Motion: by Mr. Frizelle to grant the special permit for a parking lot for the municipal building and Other exiating facilities in the old center area, as shown on a plan prepared by Peter Hornbeck, received by the Zoning Board of Appeals on October 11, 1985, SECONDED: by Mr. Soul VOTED: Unanimous Frank~/~erio, Jr. ~airman --- d'atk~arine~iCks, Clerk