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HomeMy WebLinkAbout1963-06-25Tuesday - June 25, 1963 Special Meeting The Board of Appeals held a special meeting on Tuesday evening, June 25th at * 7:30 P.M. in the Town Building. The following members were present and voting: Daniel T. 0tLeary, Chairman; Henry E. Lurid, John J. Shields, Arthur Dm,Bw~nd and Robert J. Burke, A. M. This meeting was held to make decisions on the hearings held on June lOth and to further discuss the meeting the members held to view the premises of Gilbert Rea on June 18th~ Mr. Shields made a motion that the Board will now go under an Executive Board meeting. Mr. Lurid seconded the motion and the vote was unan!mous. DELDUCA EARTH REMOVAL: It was again brought up that the 'earth removal permit of E. V. Delduca exes on July 19th, a bond of $5,000 was posted. Mr. O'Leary again read the letter from the Bldg. Insp. regarding erosion at the site of earth removal. Atty. Trembly was advised of the correspondence from the Bldg. Insp. The Board members would like to view the premises before the next meeting on July 8th and also have the Bldg. Insp. inspect it. Mr. Shields made a motion to table this matter until the next meeting. Mr. Lurid seconded the motion and the vote was unanimous. ROBERT KEREAGE: Mr. O'Leary read the letter received from the Fire Chief. The new set of completed plans were presented. Mr. Lurid made a motion to GRANT the variance in accordance with the plans. Mr. D~,,wmond seconded the motion and the vote was unanimous. The Board signed the plans. The same four reasons are given for appro?al. ALBERT STEINBERG: Mr. 0'Leary read the letters received from the Planning Board, Board of Pub$ic Works, Board of Health, Police Dept. and Highway Dept. He explained that in the past the Board has gone ahead and granted the special permit subject to the approval of the Board of Health. We can insert on the plans, if we pass it, that they must.meet all requirements, subject to their approval, etc. Mr. Shields said this land is in the "Water shed" area, therefore sewerage, installations etc. must be approved by the State and local Boards of Health. He would recommen~ to table this mstter until he bas received approval from the Board of Health, etc. Mr. O'Leary and Mr. Lund said if he can't get each lot approved, then he is out. Mr. O'Leary expl-~ned the procedure used on previous apartment cases. Mr. Lurid said if he gets Board's approval first then he can go ahead and have tests made. Mr. Shields said that's putting the cart before the horse. Youtre chan~g classification of land before he shows evidence of building. It would be better to table this with instructions to the petitioner to bring forth evidence of approval from the Board of Health. Mr. Lurid said John has a good point. If he can assure us through the Board of Health and B.P.W., then pass on it. Mr. 0'Leary agreed. Mr. Shields explained that he ~ews how important this is because of his experience with the s~,~ in Andover. The petitioner should be able to prove his use of this land , that the Board of Health will grant installation of the sewerage system, etc. June 25, 1963 - Cont. Mr. Shields made a motion to Table the matter.. Mr. Lund seconded ~he motion and the vote was unanimous. A letter will be sent to Atty. Lynch telling him that the Board was favorably inclined provided he got final approval of sanitary sewerage from the Board of Health. GILBERT REA: Mr. OILeary read the notice of the meeting posted with the Town Clerk and on the Bulletin Board as per instructions of Town Couusel~ Mr. Shields read a memorandum which he wishes to be a part of the records. "The foregoing is submitted for documentation in the records of the Board of Appeals, North Andover, Massachusetts. This memorandum pertains to the petition of one Gilbert Rea to the Board of Appeals for a permit to remove earth from his property at Chestnut and Rea Streets, North Andover, Massachusetts. In the fore-noon of Monday, 10 June, Mr. Edward Greenwood of Chestnut Street visited my office, identified h~m~elf, and stated that he was seeking to discuss the matter of the petition of Mr. Rea prior to the aot~l hearing. I was not availeble. At approximately six P.M., Monday evening, 10 June, said F~. Greenwood called mV home which is an unlisted phone number and indicates considerable research to find said unlisted phone number. He stated that his purpose was to discuss the merits of the petition of Mr. Rea before the hearing. I advised Mr. Greenwood that I would not discuss it but that I would perform my responsibility as a member of the Board in accordance with the oath that I took on becoming a member. I very definitely shut off any further discussion in connection with the petition. On that evening in the hearing session, this writer did listen patiently and did consider all of the state- ments made by the many various objectors, so-called. It is my memory at this writing that at no time did any of the people supposedly in objection come out and stipulate that they positively objected to the granting of the permit. Most of the citizens present asked questions. Most of the questions asked were answered. Mr. Greenwood read a prepared statement and left with each member of the Board a typewritten copy. At no time in his prepared statement, upon reading same, was he forth-right and outwardly stating in a direct sense that he opposed the petition. In executive session the Board made a motion to meet on the evening of 18 June at 7:00 P.M. for the purpose of the Board collectively and jointly viewing the site in question. The board members hearing this petition did meet at 7:00 P.M., Tuesday, 18 June. Present was the Cha**man, Mr. O'Le~ry. Other members included Mr. Henry Lurid, Mr. Drummond, Mr. Burke,. and this writer. We travelled to the site in this writer's car and said car was operated by this writer. En route to the site we met Mr. Gilbert Rea, the petitioner, and his Attorney, Mr. Morley, who desired us to hear and become aware of a new modification wherein they were willing to establish a road across a meadow now owned by the petitioner in order to eliminate any of the trucks that might be involved in the removal of earth, if the petition were granted, from travelling in front of any other persons~ dwellings. The Board viewed this alternate which the petitioner offered. The Board then proceeded northerly on Chestnut Street viewing the land of the petitioner and came upon some thirty residents of the general area. Soma of these people, it was pointed out to this writer, lived a considerable distance away from the site. June 25, 1963 - Cont. Out of courtesy to these residents, this writer stopped the car, and Immediately the Board was deluged with further questions, aud at this time, positive objections. From where I sat in the driver's seat of my car, I was asked by several persons various questions and on those that I felt I could answer, I sincerely tried to answer as forthrightly as I could. I did sense however that they were trying to extract from myself and other members of the Board a statement as to our specific feelings on the matter. I, for one, evaded any direct questions that might have committe~ myself as an individual member of the Board from exposing any of my con- siderations to date. I did repeatedly tell the various questioners that the Board had the petition under advisement and that no opinions or decisions or vote had been rappen by the Board. This is the absolute fadt and as I ~rite this memoranda which follows a considerable, lengthy, general discussion of the petition, I unequivocally record the~fact that that individual or collective formalized voting opinions have not been taken or requested by any Board member. To the contrary, as a result of our meeting at this time, it was agreed that we would further individually consider the petition and wottld hold a future meeting at which time the Secretary to the Board would be present and could record discussions, opiuions, and votes of the Board. During that period which my vehicle was stopped on Chestnut Street, Mr. Edward Green- wood approached my car and from a distance of about ten feet from where I was seated, Mr. Greenwood proceeded to berate this writer in a ~oud, very emotional, very angry voice that cotuld be heard, in my estimation, at least three hundred yards distance, entering into my private life, making statements that I was moving out of the Town of North Andover, that my home had been placed on the market for sale, and questioning my integrity to sit on the Board in as amuch as I was planning to move out of the to~ of North Andover. I advised ~. Greenwood that he was becoming personal, that he was on very thin ice, and that if he continued to berate in his angry tone his invasion of my private life and rights, that it coLdd be possible that he would hear from me in an entirely different atmosphere whereupon two other individuals ushered Mr. Greenwood away from my car. I repeat, Mr. Greenwood was extremely emotional and it appeared to me that he had lost all sense of reason and control of basic mannerisms and courtesies which should be extended to one's fellow man at all times. The Chairman of the Board also introduced to this writer as well as to other members of the Board the fact that a petition signed by some forty or fifty individuals had been delivered to him and it was observed that the date of said petition was sub- sequent to the publicly advertised legal hearing held by the Board of Appeals. There was also made known, the receipt b~ one of the Board members of a proposed sub-division plan of Mr. Greenwoodls land which abuts that of Mr. Rea. The foregoing is a true and accurate statement as understood and experienced by the undersigned." /s Joh~ J. Shields