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HomeMy WebLinkAbout1977-10-11October ~1, 1977 - Tuesday Regular Meeting The BOAP~ OF APPEAL3 held a regular monthly meeting on ~uesday evening, October 11, 1977 at 7:30 P.M. in the Town Office Meeting Room. The following members were present and voting: ~rank Serio, Jr., Chairm~n; Alfred E. Frizelle, Vice-Chairman; R. Louis Dil~ruscio, Clerk; James D. Noble, Jr.; P~._lph R. Joyce; and Assoc. Member, Richard J. Trepanier. CONTINUED PUBLIC ~.ARING: SCHRUENDER REALTY, INC. - letter dated October 11, 1977 from the Fire Chief was read which stated that he has "no jurisdiction in this matter". Frank Serio stated that only the State Fire Marshall's office had jurimdiction. Member Joyce told the BOARD that he had received Mr. Sullivan's letter dated Sept. 28th and accompanying materials. Mr. Sullivan added that he sent everybody a copy of the plan in Canton and, also, a list of compliances to get the approval of the State Fire Marshall's office. He mentioned that he unders2ood that the functi°n of this Board was not safety, but there is so much concern about tb~t he wanted the parties involved to k~ow that Amoco and the Schruenders would not want to make thi~ a danger to the community. Also, if a literal enforcement of the regulations had been made, the little original station would still be there. We realize, he said, that there are some things that you will have to do if and when you approve the variance. The Dufton Ct. entrance is really not that important and we would like to have you know that any variance you would require will be eagerly acceded to by us. It did not seem as though to him that if this relief: were granted that it would hurt the Town of North Andover - it has been subject to criticism by the Police and Fire Departments, it is not a 1977 gas station, and we would hope that your would allow us a self-service station. The people who wrote these rules intended to make North Andover a beautiful town and didn't thi~k this would make it any less beautiful. Eddie Marsan, Chickering Rd.: For 22 years Mr. Sohruender didn't spend one lousy dime to improve anything. I paid for any repairs and I built that business up. If you put the self-pumpers in you put the kids back on the street. George Schrnender -Again, the abutters are not here objecting and no one across the street objects and they are highly in favor of improving the area and I hope you will vote in favor. Mr. Johnson, an abutter, stated opposition once again and that he has objected to a number of things they have put up but they always get %hem. Frank Cashman - expressed his opinion that if the Schruenders would modernize their little service station they could get a Skip Trombly or Rick or Andy Cashman to make a good business out of it and not destroy the gas business in North Andover. Ray Letourneau - some self-service stations are going to be converted back to regular gas stations; my gas is much cheaper than theirs and I am full service. Atty. Sullivan pointed out that Mr. Jotnson is not an abutter; there has never been a fire in 1975, 76 or 77 in the U. S. due to self-service. Jim Winning objected to this and stated he was definitely opposed. Mr. Frizelle commented that he could not recall if Mr. Sullivan had outlined what his proposed variances were. George Schruender stated that it is a 37,000 s.f. parcel, including the house and the bank~ there is one deed for the whole thing. Mr. Joyce asked for the proposed building dimensions - 48 x 48; the house is approm~mately October 11, 1977~ - cont. 38 x 46, the bank and Richdale 4000 s.f. for both. Ed Marsan brought out that on the parcel of land there is a common driveway which takes care of 4 businesses. It has to be kept open for all and didn't feel they should use it as part of the g~s station. Member Frizel~le noted that the zoning reqUirement is 25,000 s.f. for a lot and hadn't been asked for. Mm. $ohruender stated that where the whole area is 37,000 s.f. it is a gray area. He told the membership that he had a plot plan mhowing the whole area. Mr. Noble mentioned that the Building Inspector could not tell where the corner of that building is located, there are no reference dimensions to any perimeter line, indicating that it could be moved back 6" or any amount. There is nothing on the plan that freezes the dimen- sions and a contractor would not have the vaguest idea where to put the footings. Also, the drawing is not to scale. Mr. DiFruscio commented that it is a distorted plan of the whole area. Mr. Frizelle questioned whether or not the By-Law includes self-service or precludes it. Mr. ~chruender then presented a plot plan drawn in 1966 for the purposes of the bank building and Richdale. Mr. Frizelle asked if there was any way they could eliminate the canopy. Mr. Sch~uender answered that it is there to protect the people from the elements and is a place to install the fire extinguishing system. Mr. Frizelle stated that the minimum setback is supposed to be 40 ft. for gas stations and they have only 13 i~t. W~s not qUite sure what they wanted. Mr. Sullivan requested the BOARD to let them come in with something that would please them, an extension of time to do so, and would ~gree to whatever the BOARD deem~ necessary. A motion was made by Mr. l~rizelle to continue until Nov. 14, 1977. Mr. Joyce seconded and all members except Mr. DiFrusoio voted in favor. Mr. Dil~ruscio abstained.