HomeMy WebLinkAbout1973-08-22Wednesday - August 22, 1973
Special Meeting
The BOAHD OF APPF~ met on Wednesday evening, August 22, 1973 at 7:30 P.M.
in the Town Office Building. The following members were present and voting:
Frank Serio, Jr., Chairman; Dr. Eugene A. Beliveau, Clerk; Will_lam N.
Louis DiF~uscio and Associate Member James D. Noble, Jr., who sat ~-n place of
regular member Arthur R. Dxmmmond.
There were 30people present for the meeting.
This special meetingwas called in order that the Boardmayvote upon the
petition of Albert Coates andothers appealling the issuance of a building
permit for 152 townhouses on the former Stevens Mill property by Charles H.
Foster, Building Inspector.
Atty. Tromblyasked the Chairman toreadtheletter from TownCounsel.
Chairman Berio said he didn't think it was necessary to do'since he had stated
thet all of the material had been received and read by all members. (Letters
from TownCounsel, Pla~-i~Boardand Building Inspector).
Mr. DiFruscio said he saw no harm in ree~g the letter. Dr. Beliveau suggested
that the Ch-4~man read all of the letters received. Mr. Salemme objected to the
letters being read.
Mr. DiFruscio than made a motion that the chairman re~d Town Counsel's letter and
and other letters received; Mr. Noble seconded the motion and the vote was ~-1,
with Mr. Salemme voting no.
Chairman Serio read Town Counsel's letter, which stated that the townhouse develop-
ment is not a subdivision, according to the statute. A certification from the
Town Clerk was received that Harkaway Road is maintained and used as a public way.
He read another letter from Town Counsel having to do with ownership of the
property at the time of the issuance of the building permit, which stated that
Vincent Landers was still the owner at that time.
He read a letter from the Planning Board, which was not a vote of the Board as
a whole~ but a poll of available members. Two members thought the project to be
a subdivision and two members said it was not a subdivision; the fifth member was
not available for his vote.
Mr. Serio also read a letter from the Building Inspector which pointed out the
applicable sections of the Zoning By-Law, and the fact that the subdivision
requirements under sub-paragraph ~7 applied only to R-5 districts and not to
this development which is in an R-~ district.
Mr. Blackstock asked if he could say something because they did not have legal
counsel. Chairman Serio said he would not allow anyone to speak.
Mr. Salemme then made a motion that Building Permit ~1737 issued June &, 1973,
be revoked. Mr. DiFruscio seconded the motion.
The following reasons were given:
August 22,' 1973 - cont.
1. The building permit was issued based on a PreviOUs approved subdivision
that obt~-ed the required frontage throug~ extreme~ irregular ~aths.
2. The rec~Aired frontage ~f many Of the units i~ t~is 'project are cOnvemiently
attached to purposely avoid the Town of N~rth Andover ~ubdivision Control Laws
and that frontage obtained in this manner does net meet the intent and purpose
of the Zoning By-Laws.
3. The sheer size of this project of this magnitude warrants the control that
the Subdivision Contrel Law will provide to protect the health and welfare
of the project dwellers, as well as the best interests of the citizens of
North Andover.
~. The cOntinuous driveways of this Project to gain access to the existing
public ways constitute streets.
Therefore, it is the decision of this Board that this does Constitute a sub-
division and should Properly be before the PlanmingBoard of North And~ver.
The vote of the Board wasumanimous.
The meetly8 adjourned at 8:0OP.M.