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HomeMy WebLinkAbout1974-09-16Monday, September 16, 1974 Regular Meeting The BOARD OF APPEALS held its regular meeting on Monday evening, September 16, 1974, atT:3© P.M. in the Town Office Meeting Room. The followingmembers were · present and voting: Alfred E. Frizelle, Acting Chairman; Df. Eugene A. Beliveau, Clerk; William No Salemme, Louis DiFruscio and Asso. Member James Do Noble, Jr.. There were approximately 9 people present. Mr. Frizelle stated that since Mr. Serio is not present, but there are 4 regular members in attendance an agreement can be reached and passed on. It was noted that several of the members had viewed the site and the meeting was open for any new discussion. Mr. Frizelle brought out the fact that it appears there has been little work done in recent times. Mr. DiFruscio stated that they have not done much with the site. Mr. Frizelle felt that, perhaps, the BOARD should require some restoration of the property at this time or in the near future. Atty. John Willis~ representing Mr. Valente, stated that it is a rather limited operation and Mr. Valente tries to eliminate any consequence to the neighbors. Mr. Valente has been able to get his contractor to put up a fence, but is still wait- ing for a gate and feels that this will go a long way toward 11miting activities that have gone on there in the past. Mr. S~lemme asked if ~r. Valente was planning on restoring the property in the near future and the reply w~s that the flat area is the only digging he has done. The rest is like it w~s other than burying boulders. The BOARD feels that he should make some effort to restore the proper~y. Mr. Willis stated that this is a reasonable request as p~rt of the condition for renewing the permit but we should consult with the Building Inspector as to what e~ent ought to be Mr. Valente's responsibility. Mr. ~rizelle asked Mr. Foster, Building ~nspector, about his recommendation cOncern- ing Hereford inasmuch as he had advocated some restoration of land to be done sys- tematically or periodically ~nd if this is not done that the bond should be increased. Mr. Foster said, p~rt of the problem is that this h~s been a pit for a good many years and ~. Valen%e is the only one, of all the owners, who has done any restcration, but in the last couple of years he has't done much. ~r. Beliveau questioned Mr. Valente as to how long he expects to run a gravel pit. Mr. Valente's amswerw~s that he had had an offer from someone in Boston for a recreation area for underpriveleged blacks ~nd~as also had some offers from the Town of North Andover. Dr. Beliveau said what he is looking for ~s a limited time period and Mr. Willis stated that Valente would have to substantially increase his operation. Mr. Valente was asked if he had any seriousobjection to a three-year period and his answer w~s,'~o", and he continued '~ut what if this recession lasts for 3 years because 13 can't even give stuff away right now." ~. ~rizelle stated that the problem of the BOARD is that it is a piece of land considered an eyesore in its present condition. Dr. Beliveau feels tha~ if they grant the renewa~ a condition should be to strongly recommend that the operation be completed in 3 years which is conditional on appeal to a BGARD at that time. The following motion w~s made by ~. Beliveau: to grant the Earth Removal Permit for ~ year subject to the following conditions: 1) no stone crusher shall be allowed on the premises, 2) fence with a locked g~te shall be erected at the entrance, 3) property shall be posted against trespassers and shooting, 4) restoration of gr~vel pit shall Set~embe~ 1~, 1~74 - con~. begin as soon as economically feasible, 5) operation shall be completed within 3 years if possible, 6) bond shall be raised to ~10,000.00 and shall run continuously. Mr. DiFruscio seconded the motion. Atty. Frizslle m~de a motion to amend the first motion to say that this 3-year limitation be reviewed at the end of the 3 years. Dr. Beliveau seconded and the vote was the 4 regular members in favor with Mr. Noble abstaining. CHRISTOPHER ADAMS: The BOARD wrote a letter to ~r. Adams on August 16, 1974 and ~.~. Adams, who was present, stated that he didn't understand that a reply w~s requested. In the discussion that followed, Mr. Adams said it had been his hope to complete the operation this year, but due to economic conditions it has not been done. He said that he has started restoring the land b~ leveling and grading and piling the~umps for which he will obtain a permit to burn in the spring, with the BOARD'S permission. The BOARD cited that his land is not completed as per the conditions required. ~r. Adams would like the BOIRD to grant an extension of the permit because he wants to get the land ready for building. He feels that it is not affecting anybody there and he is complying with the rules. ~,M. DiFruscio asked Adams when the last time was that he really worked the pit aad ~f~. Adams reply was, "In July". The BOARD concluded that they would like to hear from the Building Inspector on the m~tter and would continue as soon as the Building Inspector was free for discussion. PAUL DRETE, ADAMS AVE.: Atty. Andrew Gr~dzewicz represented the ovmer. He stated that the plan dates b~ck to 19~7 when the BOARD OF APPEALS approved a variance to subdivide two equal lots, but the plan was never recorded at the Registry of Deeds. Since that time Mr. Crete has conveyed the lots to his son and his son would like to build. The plans need to be updated in order to be recorded at this time. Mr. DiFruscio noticed that there ~s something wrong v~th the plan as drawn, and much controversy ensued over where Unity Ave. is located. Also, where Lot ~04 is located, Crete Realty Trust does not o%-m that lot. The surveyor should correct that to the new owner's name and strike out Unity Ave. Atty. Frizelle suggests, ~lso, that a notation be put on the plan showing the date of the original hearing, approval and filing and a letter be written to the BOARD stating the ro~son for asking them to sign the new plan. In addition, a note as to who signed the original plan should be put on the new plan. 5~. Gradzewicz requested that the BfF~D ~ct on the m~tter immediately. ~. Friz- ells feels it should be acted upon at the ne~ msetin~ because there is notki~g before them in ~iting to act upon. Mr. DiPruscio made a motion to sign the plan subject to the following paper work: 1) verify the corrected plan to the existing plan, 2) ~ letter of application, 3) show the date of filing, hearing and approval on the new pl~n as written on the original plan, 4) a notation on the new plan as to who signed the original plan. Dr. Beliveau seconded the motion and the 4 regular members voted unanimously, CHRISTOPHER AD~tMS (Cont'd): The Building Inspector reported that the area had been graded and the slope is accept- able except for one area. There are alot of stones and stumps ~ud he didn't see much loam and doubts very much if he can get enough from the area Mr. Adams is talking about. He stated that we require 6 in. of loam in the original conditions. ~]eptembez~ 16, 1974-- oo~t. Mr. Frizelle stated that, to make the record clear, Mr. Ad. ms is here this evening in response to our letter of August 16, 1974 which is on file. Now, r,~. Ad. ms wishes to continue his operation and we do not h~ve an application for a permit renewal before us. There are two avenues to t~ke: ~) either exercise the option to pick up~ t~he bond or 2) issue a permit renewal. If the seoon~ 81tern~tive is taken, Mr. Ad~ms should lite an application with the BOARD as a renewal for permit. Mr. ~oster Said j~ woul~ be to his advantage to finish up~' as much ~s he c~n with seeding, etc. and then come in and reapply for renewal of the permit. Before the BOARD wants an extension of the use, they want wh~t is already done cleaned up. Zf these previous conditions of the BOARD are not satisfactory, then then c~n exercise the bond. Mr. Adams stated that he will go along with what ~r. Frizelle suggests (loam and seed) and then re-~pply. r~ir. Frizelle told Mr. Adams to ~e prepared to be able to tell ~he BOARD h°w long the operation is going ¢o take. The Building Inspector will advise the BOARD what has been done by the next meeting. The bond runs ou~ by the end of the year and if the Town has to use this money they won't wait unti~ the end of the year to ~o this. Mr. Frizelle requested Mr. Foster to obtain a copy of the b~nd as we do not h~ve one in the files. The BOARD agreed to take up the m~tter of the stumps at the hearing in October. LETTER FRC$~ THE CONSERVATION COMMISSION: The letter of August 19, 1974 Re Watson Earth Removal w~s read. The BOARD decided to send out some letters contacting Mr. Willis, Watson's attorney, and advise him that the assignment i~ not complete and we wish to have compliance with the conditions of the permit.. The BOARD will request submission of the proper assignment within J5 d~ys. MISCELLANEOUS MATTERS: Letters from Personnel Board and Dog Officer were read and noted. Last item on the Agend~ should be "sign plans" in order not to overlook this at any time. Meeting adjourned at 10 P.M; ~~, Chairman (~¥ank Be~io, r~. ~retary , A. Blackstock)