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HomeMy WebLinkAbout1972-10-16Monday - October 16, 1972 3 Hearings The BOARD OF APPEALS held its regular meeting ca Monday evening, October 16, 1972 at 7-'30 P.M. in the Fire Station meeting room. The follo~nE members were present and voting: J. Philip Arsenault, Chairman; Dr. Eugene A. Baliveau, Clerk; Arthur R. Drummond and Associate Member Louis DiFruscio who sat in place of Kenneth Pickard. Associate Hember William N. Salea~ae was ~]~o present. There were approx. 125 people present for the hearings. 1. ~.' Ant.hon~ T. Wertz Dr. Beliveau read the legal notice in the appeal of A~THO~ T. ~TZ ~ho re- quested a variation of ~ectica 6.1 of the Zoning By-Law so as to permit the division of a parcel of land into t~o lots, one of which does net contain the re- q,,~ed area, on the premises located at the east side of Wood Lane a~d known as ~35 Wood Lane. ~r. Wertz' appeared ca his own behalf. He exp~-4~ed that when the ~ was purchased 16 years ago he thought that there was enough land for another house. Lot ~1 is approximately ~00 feet less than the 12,500 sq. ft. required; the lot ~eets frontage requirements. There would be a financial hardship if he. had to sell the area as cae lot. His residence is on one lot, ~hich meets a~l of the zoning requirements, and he has a buyer for the vacant lot. James Hurrell, the real estate dealer for this property explained that there are other lots in the area the same size of smaller. There are sewerage facilities available. There were ~ abutters present and no one else spoke. Mr. Dru~saond made a motion to take the petition under advisement~ Mr. Serio seconded the ~otion and the vote was unanimous. Dr. Beliveau read the legal notice in the appeal of MARTg~A S. TRO~BLT who requested a variance a~d special permit under Section 6.~ of the Zoning By-Law so as to permit the erection of a transmitting tower, 150 feet high, for a t~m-way radio in com~ection with the transportation business, on the premises located at the west side of Route 125 cutoff, 100 feet from the corner of Hillside Road and known as Audover By-Pass. Atty. CBerles ~. Trombly, Sr. represented the petitioner and showed pl~ to the Board locating the tewer ~ase, 8' x 8', next to the bus garage. The Zoning By- Law provides for a special permit. Mr. Trombly has a bus garage and it is pro- posed to use a transmitting system for efficient operation. The tower will be approx. 100 ft. away fro~ the street and 200 ft. fro~ the nearest abutter. ~errimack CoLlege has no objection to the tower. Transmittal will be under F.C.C. and will in no way interfere with the area. It w~]] be as high as the church steeple ~hich is ~ust across the street. They ~ have a~ obstruction light if it is required. There was no opposition, there were no abutters present and no one else spoke. Mr. Drummond made a motion to take the petition under advisement; Mr. Serio seconded the motion and the vote was unanimous. October 16, 1972 - cont. ~. HEARING: John J..Gaffny. Dr. Beliveau read the legal notice i~ the appeal of JOHN J. GAFF~Y who requested a Special Permit under Sec. ~.122; Para. (1~) of the Ze-t-g By-Law so as to permit the conversion ef the Stevens Mills buildings to residential use, according to plans submitted, om the premises located at the north side of Stevens Street at the corner of Harkaway Road. Raymond Canty, Phillips Ct., presented a letter to the chairman. Atty. Willis asked to read it. Chairman Arsenault read the letter aloud to evaryene present. The letter was from Atty. Herbert Phillips, of Haverhill, advising the Bo. ard that he is representing a number of residents and t~tividuals to oppose the appeal of John J. Gaffny. He is requesting that a centin,,muce he g~,anted by the Board since he was only called into this matter wit. hl- the past ~8 hours and has not had sufficient time to do the work necessary to present their case in opposition. Ne asked that the hearing be re-scheduled for the Nov. 13 meeting. Atty. Willis objected. He said the petitioner has gene to considerable expense and that there was plenty of advance notice amd ceasiderable time for am~ome to prepare for this meeting. He said he had visited Ray Canty over a week ago, dis- cussed the matter with him and showed him the plans and he did ne~ object at that time. He said Atty. Phillips could have called ham today out of professional . courtesy and advised h~m of what was going to take place. Atty. Willis said if the Board feels that there should be a continuance, it should be for only one week. Vincent Landers, owner of the property, said that if the hearing is continued for one month, it will cost HAm many thousands of dollars to keep the property heated, etc. Mr. Serio made a motion that the petition bepostponeduntilTueaday, Oct. 24th, Mr, DiFruscio seco~Aed the motiom amd the v~te was A - 1, Mr. Arsemault voted no. Atty. Willis asked that no further continuance be allowed after the October 2~th meeting. , -. Chairman Arsenault said the henringwould,he continued in the Fire Statienmeeting room. A legal notice will be published in the newspaper. Atty, Phillips will be motified of the continuance. The Board willvie~ the premises on Saturday, Oct. 21st. NOREN REALTY: Earth Re~oval Permit Renewal: : Mr. Marine, representing Noren Realty, was present ~d a letter was also re- ceived requesting renewal of the earth removal permit om Holt Road. The continuous bond has been f~led and is in effect. He said they have been working on the project and is phasing off the end of it which will make the area look even better. The B,,~l~mg Inspector was not present and the Board ~,11 wait for his report. They will also await his report on the Chris A_~_~m~ earth removal project. The Board then proceeded to discuss the petitions of the evening. 1. ~TZ: Mr. Serio made a ~ion to ~ the variance; Dr. Beliveau seconded the motion and the vote was 4 - i with Mr. Drummond votingno. The Board found that the lot would be in keepingwith the size of other lots in the neighborhood. October 16, 1972 - cont. 2. TR0~BL!: Dr. Beliveau made a motion to ~ the special permit contingent upon meeting all FAA & FCC requirements. Mr. DiFruscio seconded the notion and the vote ~as unanimous. Mr. Xeirstead, Planming Board member, pointed out that towers are .expressly pro- hibited under the Zoning By-Law and that this was the intent of the Planning Board in drafting the new ~oniag By-Law. He said other arrangements could Be made by the petitioner to conaect his transmitting syste~ elsewhere. It ~ould be more expensive, but it's possible. After further discussion, Mr. Serio made a motion to reconsider the decision made on the Tromhly petition; Dr. Beliveau seconded the motion and the wte ~as ~-1, Mr. Arsenault voted no. The Board me~bers said they would do some research to see if there are any other ways of solving the preblem. ~,i!ding Inspector Charles Foster arrived amd the Board discussed the earth removal permits with him. Mr. Foster said the Adams project did not appear to have been used recemtly. He recommended to the Board that they set some sort of time limit to complete the · project so that they don't drag on indefinitely. The slopes need to be restored. The Board voted to se~d Mr. Adams a letter notifying him that the ~ard a~eed to renew his permit on the condition that he restore the slopes to 30 as required u~der cor~iitlon No. ~ of the decision dated Oct. 27, 1970. Alsot renewal will be for a poriodofoneyear on the condition tb~t the operation be co~ple~ed~ithi~ that time. Mr. Foster reported that the Noren Realty operation did not have ~uch lea~. He said there is now a problem because of the new zoning requirement ef 80,000 ~q. ft. lots. Under the previous By-law, 50,000 sq. ft. lots were required. This operation is being conducted under the 50,000 sq. ft. requirement. He said they should change their pla~s to comply with the 80,000 sq. ft. lot requirement. Mr, Marino will be contacted to attend the next meeting to discuss this further. The meeting adjourned at 9:30 P.M. Chairmen (j. Phiktp Are u t)