HomeMy WebLinkAbout1970-02-09Monday - February 9, 1970
Regular Meeting & Hearings
The BOARD OF APPEALS held their regular meeting on Monday evening, Feb-
ruary 9, 1970 at 7:30 P.M. in the Town Office Building. The following members
were present and voting: Arthur Drummond, Chairman; Daniel T. O'Leary, Sec-
retary; Donald J. Scott, Philip Arsenault, Donald J. Leonard and Associate
Member James A. Glynn.
There were 9 people present for the hearings of the evening.
HEARING: Diamante Caparco:
Mr. O'Leary read the legal notice in the appeal of Diamante Caparco who
requested a variance under Section 6.32 of the Zoning By-Law so as to permit the
combination of 13 lots into 5 lots on the premises located at the south side of
Autran Avenue, 1225 feet from Massachusetts Avenue.
Atty. Harold Morley represented the petitioner and explained that the new lots
will conform in size and shape with other lots in the neighborhood and will not
derogate from the intent of the Zoning By-Laws. The lots were originally 45 x
100 and have been combined to make the best possible size lots and come as close
to conforming as possible. There are other homes in the area built on lots of
45 x 100 or 90 x 1OO. These lots were in effect before the present Zoning By-
Law. He plans to sell lots l, 2, 3 & 4 to Mr. Fichera and lot #5 is to be sold
to Mr. Caparco's son. This is now a paper street.
Mr. Caparco, his son and Mr. Fichera were present.
There was no opposition. Mr. O'Leary made a motion to take the petition under
advisement. Mr. Glynn seconded the motion and the vote was unanimous.
HEARING: Cosmo Calobrisi:
Mr. O'Leary read the legal notice in the appeal of Cosmo and Jennie Calobrisi
who requested a variation of Section 7.21 of the North Andover Zoning By-Law so as
to permit the erection of a dwelling to be located 20 feet from both side yards
on the east side of Highwood Way, 150 feet from the corner of Meadowview Road and
known as Lot No. 9 Highwood Way.
The Building Inspector's refusal was read stating that a building permit could not
be issued because the proposed structure would be nearer to the lot line than is
allowed by the Zoning By-Law.
Atty. Thaddeus Palys represented the petitioners, who were also present. There
were 5 abutters present. Atty. Palys explained that this is an irregular lot and
the most practical placement of the house would be farther back from the front lot
line than is required. The land slopes to the front to the roadway and the septic
tank and leach field have to be in the front yard. He showed architectural plans
of the home and said they have already spent thousands of dollars for the land and
for the plans.
Mr. Iacono, an abutter, said he was not opposed, just wanted to see the plans and
what was proposed.
Mr. Foresta, an abutter, spoke in favor of the variance and explained the peti-
tioner's problem further.
February 9, 1970 - cont.
Mr. O'Leary made a motion totake the petition under advisement. Mr. Glynn
seconded the motion and the vote was unanimous.
The Board discussed the heariugs of the evening.
CAPARC0:
Mr. Glynnmade a motion to GRANT the variance; Mr. O'Leary seconded the
motion and the vote was unanimous.
CALOBRISI:
Mr. O'Leary made a motion to GRANT the variance; Mr. Glynn seconded the
motion and the vote was unanimous.
EDWARD J. WELCH:
(Mr. Leonard is sitting on this petition).
premises and discussed the matter further.
The members had viewed the
Mr. Leonard made a motion to deny the variance. Mr. Arsenault seconded the
motion. There was further discussion. Mr. Leonard withdrew his motion.
Mr. Glynn suggested that the Board inform Mr. Welch that there are problems and
that the Board would like to discuss these with him again. Suggested changes
were to place the garage on the Caron side of the property which would take 20
feet off the back property line. Mr. Welch will be contacted.
The meeting adjourned at 9:00 P.M.