HomeMy WebLinkAbout1973-10-15 ?he DOiJm OF APPEALS met on P. ond~ ev-,,~n~t Oetober ].5, 1973 at ?~30 P.H.
~ ~he ?o~ O~flce ~ m~ ~. The ~o~ ~o ~ ~su~ ~
~soc~te ~ber8 J~e8 ~blet Jr. ~ Atty. J~s Hc~ v~ mot tn p~ce of
~ m~ers ~ ~ ~ ~ ~.
There were 20 people p~eseat for the .eetiag.
~. ~au ~ ~e ~g~ ~ice ~ tb ~ of ~ N. ~, ~
~r~ ~vo, C~ ~, ~eeti~ 13, ~n the ~ of a b,~ ~t for
bus,as or,cee ~th ~ f~t~s ~ a 8ec~ ~e, ~ca~ ~ ~e
~~ ~de of ~e Strut, (R~. ~)~ ap~. ~ f~ ~ ~ co~r
~ ~ ~et ~ to ~ south of ~ ~ 3t~t.
Atty. Job- J. W4~'I4m repreeen$od the petiti~uer, ubs v~ ~o p~smt. Jms
e~ ~ ~ t~ ~8 ~ p~~ ~as slices ~ ~ a fa,~ty to ~re
t~ ute~8 ~ ~besold. ~ ~ ~ ~ ~ o~rat~. Tb
is a ~nd~ use, is ~t ~d. ~e q~s~ ~ ~ e~ d~_~- ~t
is t~ ~ ~e?
In this facility, it is proposed to have a nuubar of o~fico8 and 8ales people who
u~ll be g~4,,~ out to sell. The orders will he processed in the offioe for dis-
tribution. The materialsasre bottled liquors. The size of the b~4_]d~'~ for the
storing of the materials ~l~ be larger than tho s~ee offiee; there are
operations of this nature. A substantial portion of the business is the ~
of this material. Processing is allowed under par~. 12 of the same..sectAan of the
Zoning ~y-Lav. He thinks the Building Inspector agrees that it was an unfortunate
choice of wor~4-~ in the Zon4n~ By-law.
He tried to ox~l-4- the reasc~n_- of the Pla.~ing ~ard and the P.A.C. in the
final Wor~-~ of the ZOn4n~
He said -~ o£ the o~eretion is done within the building - all of the parking
be in the b,,4~4-2. There should be storage fac~i~ies to take care of the products
that are sold. If this petition is denied, rhea there is no ret_son for that
section to be in the Zo-~2 By-Law- he c~_n~ see where it would be allowed
where. He tB_4nva this use was meant to be allowed but that it was aR -n*ortunate
choice of words. He feels the use ful~le tho intent of tho-By-law. This
proposes the typo of development for Rte. ~;: that wa~ meant for it. It is an
attractive b,,4~_~w~ and v~3 not detract from the general area.
He further explaiaed that Wholaet'l~n2 is the .hol~ale selXimg of a pt'ed~et, ,which
they ~ not do on tb p~_ 4_sea. Nobody will he able ~o go in~o the s'c~.age area
and exse~e a purchase an~ sales.
October 15, 1~73- e~at.
~ic- ~ra4n,-d, tho are. M. tect, t ~ho~e,d a ~te
~ ~'~ve ~e ~ '~ ~e r~ of t~ b~. ~ ~ ~ ~8~e
The b~~ ~ s~ back'l~ ft. f~ ~ ro~. T~ ~~ be ~ed,
He showed the first and second floor plans. Ship~ing and rece:L'rl~: is oempletol~
inside the building. The massasine, sales teen, offices, eta..are on the second
floor. There is approx. 7~00 sq. ft. of office space. The b~ ui].l be
approx. 25 ft. M~h and be constructed of white concrete panels. It.will .be a
nice looking bu4'~a~"_- and W411' do Justice to the area. ~
Mr. YronM Fiore, eerier of Andovor R~4-~ Academy .acroso ~ street, eaid ho vas
not opposed, but he wants an a%traetive b,4'~d4,%~ put up because it ~ be there
for a ~ time. He wants to see proper development. He ~oean't want to stop
the b tn8o
Mr. Abrm~on,. of Capital ~iabributing ConPas~, said they bye 39 peeple presentl,v
employedl 9 - officei X~ salesmen; 3 - general OVOr-~ll; 4, tho wal~ho~se thoro
are ll employees and I manager. They have & trucks - 5, .14 ft. trucks and one:
paneX .truck and.all of the trueks ~ be parked within tho b,4~a4-~ under tight
security - they ~ not be parked outside, overnight. He gave. a brief, descrip-
%i~n of a norual operation. They receive abou~ 6 or ? trucks dur4-~ tho week.
Occasiomal~ only cerf-~- people can pick up their cen deliveries. There is no
ret-~-~ at al~. He said it is a clean operation, no pollution, no woote material.
It is a good type of business for the c_~.,,~4ty to have. Receiving hours would
be strictly during the da~, probably 8:30 to ~:30 or 5:00. Loadiag would be inside
Chairmm 3ori~ read the letter from the D-41~-_- Inspector which stated that he
had refused, tho building permit beeauas he felt that use was not a~wed uader
tho Zo~_-B~-Law. Re aloe read tho letter from the Plasnin~ Board'wh~eh
cuffed with the B,,~*-_~ Inspector's decieiom in'den~ng the ~ permit;
Building Ymmpactor Foster then explained his position in tho matter. He said
Mr. Richards had owned that industrial ~*~d for mas~ years and.Was never able. to
do anything with it and now that he has a hubert it is ,mf~rt~nate ho is having
a problem. Under the previous Zoning By-Law, this use would have been _~l~ed.
Under the present so~_- ho had to Judge whether WhOlesaling end warehousing is
a primary or secondary use. There are man~ things in .this B~-law.'ehieh are left
up to Jud~aeut. In this instance, he J~dged that ~A.th-the emall space for offices,
it was not the prinary uses that the'primary use was tho.; distribu~ing. He also
felt that warehousing uae a primar~ use. He agrees that it Would b· a desireable
kon~8O and.a good-lookimg b"~"2, but he had to make his Judpent in this May.
Mr. Abremoon added, that 2~G of the operation is re-packaging tho'material;
Atty. ,Willie addod that this Board. is oae of equity and ~it has the powers to
make this, e~astHnt. M will st{il be proble,~ Uith o~hore if this isn't
straightened out now.
Hr. DiFruscio made a motion to take the petitiom under advisement; Hr. Noble
seconded tho motion and tho vote was unanimous.
Pe%er Lorentz, CXare~d~n $%.~ appeared before ~he Boa~l relative to a
variance that had h~en ~anted to Davi~ & Furbe~ £o'~ ~ro~x~y o~ ~a%er, Clarendon
and ~as% ~a%er 3%reefs, ®spee4-1~y as to the sale of the hous~o ~% the e~iginal
hearing he was als~ concerned ab~u% the right of way and. traffie in .~he area.
~e understands that ~o~e' of the tenants eere ~ot give~ the right to p~eha~e the
property and he asked the Board why these cce~iiti~ns were not followed by Davis
& Furber.
Mr. & ~rs. #alter ~rshaw~, 2 F~st Yater St. ,' were also
th~ ~ t~ts, ~e ~ ~ ~s~ o~ ~ ~e
~ ~ldto ~ ~e. ~8. ~t~ vas
~t be~ ~ ~ o~i~ ~ p~c~ ~e ~y ~
OheJ.Fuon Serio read a letter fr~a To~n Counsel whieh stated that he had doubts
that ~he Board had t~e po~e~ ~o iapose and e~forco such coaditio~s. He said ~t
is a private ~a~ter 'and the people involved should consul~ ~heir ~ legal
coullse~.
Dr. Beliveau ~de a motima that the Board send a letter to Davis & Father asking
the~ to review the ¢onditi~s they were to abide by and give us an explanation_
aa to ~hy they have ~t aeted in accce~nce with thei~ praises.
Mr. HcT. wtn ae¢caded the motion ami the veto was uaa~haeus.
special
~r. ¥4!~ 8LLd ~hat H~. Gaffn~ is en~£t~od te have an ex~ea~iea under the Board's
ru~es end regula%io~. The ~atter is st. t3l pendin~ ~u District
Hr. DIFruscio made a Bot~on to ~r~nt the extension. Lenft~ ~Lseuoo~on wes he~d.
Hr. Noble asked ~f he wou~d bo asreeab~e to exte~d~n~ it Quo yea~ after the
decision of the court. ~. Mt~t- eou~d see no reason wh~ i~ cou~ not be extended
the wa~ he requested it.
~r. #il~ta~ Blacks%ock, PMullips Ct., said he oould see an extenalo~ e~ the eri~w-~
peratt but not havt,,g aa ex~e~ion of %i~e fr~ the iasuanee af the bvi!at,,~ per.it.
· r. Beliveau sade a aeti~a to tako the aatter ~der adv~eaeat~ Mr. Bt2mm~io
withdrew his ~o%ioa and seeo~ed Dr. Beliveau's ao~ioa. ~ae vo~e was ~-1, aeaber
HcT~t ~ abstained.
Octe~er 1~, 1~3 - cc~t.
ltisc~us eorrespesdeace cas reee~ed from ~Tmm Ceuasel ~ to do
the ~ :eourt cases.
Letter ~1 be sent to Chr~topher ~dams ~elative to h~ earth remmm~
ope~at~u, request~ h4. to appe~ at the aext meett~. T~e B~ ~4~g ~ctor
4,-pect the operat~oa and Sub~t a repert at the next; mee~,
(Yruk Set, o, ~r.) ~/