HomeMy WebLinkAbout1963-07-08 No,day, July 8, 1963
· Regular Meeting & Hearings
The Board of Appeals held their regular meeting on M~nday evening, July 8, 1963
at 7:30 P.M. in the Town B,,flding. The following members were present and voting:
Daniel T. O'Leary, Chairman; William Morton, Secretary; Henry E. Lurid, Arthur
D~nd and John J. S~elds.
1. Hearing: Robert P. Dulude. 7:30 P.M.
There ~ approximately 5 abutters present. Secretary Morton read the legal no~ice
in tbe appeal of Robert P. Dulude requesting a variation of Sec. 6.3, para. 2 of the
Zoning By-Law so as to permit the division of a lot on the corner of Court and
Pleasant Street which is 82,241 sq. ft. so that another lot of 18,000 sq. ft. will
be available for a bui2~ug lot, per attached plan on the premises, located at south
side of Pleasant Street, 349 feet from the corner of Court Street.
Mr. Dulude showed his p]_~ and explained why he wanted the land divided. He will
remove the driveway. If the lot was made 25,000 sq . ft., the lot line would be
too close to his house. The area is tr/angular in shape. 2 sides of the triangle
are bordered by village residential zoning and one side is country residence.
Mr. Francis Kittredge, 56 Academy Rd. was opposed. Mr. Vincent Landers and Mr.
Pelligrino also spoke in opposition.
Mr. Dulude explained that he' is assessed for all the land along Pleasant Street
because the sewerage extends along there and it is a great expense to btm.
Mr. Shields made a motion to take the petition under advisement. Mr. Morton seconded
the motion and the vote was unanimous.
2. Hearing: Vincent & Louise Boylan. 7:45 P.M.
There were approximately 20 people present for this hearing. · Secretary Morton read
the legal notice in the appeal of Vincent & Louise Boylan requested a variation of
Sec. 6, Para. 6.33 of the Zoning By-Law so as to permit the erection of a house and
barn on the premises, located at the northwest side of Foster Street; 2300 feet
distant from the corner of Salem Street.
Atty. Charles Trombly represented the petitioner and showed the plans to the Board.
He showed the original deed for the land, recorded on Plan #4688 at Registry of Deeds.
Land ~s purchased and deposit made on Feb. 22, 1963, deed made out ~n M~rch 4, 1963.
At the last hearing it was brought out by Mr. DeParis that lots ~1 & 2 were ay-liable
which they could buy; and it Mas so noted on the decision. On May 16th, Mrs. Blood,
a Real Estate Agent ~contamted Mr. DeParis, who said that was not so; there was no
land available to Mr. Boylan. On a letter of July 5th, it is stated that Mr. DeParis
has no laud for Sale on Foster Street.
Mr. Boylan owns a lot of 50 foot frontage, containing l~ acres of land. He does not
intend to build on that 50 feet. The house will be t~,~t 100 feet behind lot #3.
Atty. Trembly said he is at your mercy. Under the Geners_l L~;~, you have the p~r
to grant th_is variauce. The house to be built wtl~ not detract frm~ the neighborhood.
(He showed plans of the house to be built.) It measures 40' x 27' amd w~mld be worth
approx. $18,000. ~t is not intended to build a riebtug stable, as seine people have
suggested. He would have his three horses, if approved by the ~oard of Health. He
does not intend to do anything that would detract and it would be one lot ~ 13 acres.
I~ it is denied, he could ask for is money back or he could come in under the ~
division Control Law and divide the land into lots.
~l.T8, 1963 - Cont.
He cannot get the other 100 feet an Foster Street. Mrs. Blood is here to testify if
so desired, that there is no laud available.
Mrs. Blood and Mr. & Mrs. Boylan were recorded in favor.
Atty. Bradley spoke in opposition, representing a ~,mber of the abutters present.
He e~plained that this was hie third a~pearance and that everything is the same;
there is just a different conductor. The mmly thing of any consequence is the
merits of the petition. There are others not here tonight who still object besides
the anes that are here. They beught houses and land in this area having in mind
that we have fair, impartial public servants in North Andover; that the Zoning
ordinance would be up-held. There is no bm~ship here.
The following w~re recorded in oppositian:
Mr. & Mrs. Bal,.An, 46 Foste~ Street.
Mr. & Mrs. Turner Bridges, 16~ Foster Street.
Alvah Weaver, representing the Fuller Estate.
Mr. G~lmere, 87 Foster Street.
D. Smith, Foster Street.
Orrin Fc~ter, 22 Foster Street.
Francis Rivet, 67 Foster Street.
Jms Dean, 75 Foster Street.
R. Stang, 1028 Salem Street.
Mr. Shields made a motion to tame the petitic~ under advisement'. Mr. Marten secanded
the motion and the vote was unanimous.
The members discussed with Atty. Trembly about Mr. DeParis at the last hearing saying
there was land available. He is Ih o~mer of the land. Atty. Trce~!y said that now
there is no land available.
3. HEARING: Dante Ippolito. 8:15 P.M.
Secretary Mortcm read the legal notice in the appeal of Dante Ippolito requesting a
variation of Sec. ?, Para. 7.23 of the Zening By-La~ so as to permit the erection of
a 1-room additian at rear of home to be used as a bedroom. There will also Be a
h~l~-hath. 8feet of depth of building will be an extension of the dining area on +~A
premises, located at south side of Beacon Hill Blvd. at the corner of Ohickering RO~
known as 48 Beacon Nill Boulevard.
Mr. Ippoltto showed the plans to the Board and e~!~tned that dus to his family in-
creasing, he needed the extra roma. It would be in conformity with the nei~bbarhood.
There were no abutters present and there was no opPosition. Att~. Trembly was recorde~
in favor.
Mr. Shields ~e a motion to take the petition under advisement. Mr. Mortan secanded
the motion and the vote was unanimous.
DF. LDUCA CONSTRUCTION.CO.: Bond Extension.
Atty. Charles Trow.bly represented +~he DelDuca Constructian Co. and asMed that the
Board exte~ the earth removal bo~d far another year. He will post the necessary
bond, et~.
July 8, 1963 - Cont.
Ch~ O,Leary loomed at the land in question and said it looks all right to ~
~e has done everything in good faith so far. However, he would like ~o have some
Secretary Morton read a letter i~a the ~,~l~ng Inspector regarding this particula~
land, also recommending some re.seedin~ since there was scme erosion taking place.
The Conservation Co~Lssion were also conceraed.
Mr. O,Le~m~ said he would go along with granting the extensie~, m=~.~ the b~nd
$10,000 tus+~ad of $%,0OO.
Mr. Dru~z~d made a motion to grant ~be extension and increase the bond %o $10,000
subject to the same conditions.
Mr. Lund seconded the ~aotico and the vote was unanimous.
Steinberg' petition:
Secre+~ry Mortc~ read a letter fx~m the Righway Department approving the ~einberg
plans for a~ as sut~nitted. '
APPLICATIONS FOR HEARINGS:
There was an application from Atty. Bacigalupo for a hearing date to be set~ for
I. Theodore Freize for a gasoline station. ~lRo an application fr~a Mrs. Esther
~r~f~rd to convert a hc~e in~o apartments. The hearings will be set for the
next meeting on ~;;~ust 12, 1963.
The Board then proceeded to discuss and vote co the evening's hearings?
1. Robert Dulude.
Mr. Shields m~de a motion to den~ the variance.
Mr. Lurid ~qe a motic~ to grant the variance. Mr. Shields withdrew his motion.
Mr. Lund said we granted a couple of variances on Hewitt Ave.
Mr. O'Leary questic~e~ whether be could co~a back a little more;
Mr. Shields said the thing is that he has enough land to .~t~ it 25,000 sq. f~. and
still not take ~oo w~ch freea his own lot.
Mr. ~md said the people across the street have ahou% 10,000 ft.: lotS. He has all
that sewe~ l~-e along Pleasant S~ee% to pa~ for.
Mr. S~ields seconded the motian and the vote was unanimous. The four reasons for
granting variances were given.
2. Vincent Boylan.
Mr. Sheilds said he thinks there,s skalldeggery here.
quarrel is with DeParis, not Boylan.
Mr. Lured said the people,s
Mr. Shields said this is in violation of the z~ning la~.~. At tb~ ti~e, land was
available.
Mr. Lund said we'd look silly if we did a rotm~a-hmt face n~.
Mr. ~hields said that at the ti~e of conveyance to Boylan, there was land available
under co~on ownership.
July 8, 1963 - Cont.
Mr. O'Leary said the original v~er of the land is the c~e that ca~se~ all the
t~x~ble. Is judging more en tonight that what mas in the past.
Mr. Shields said this is au illegal conveyance of a lot.
Mr. Mortca said if we reject this, it caube sold to anyb~lya~d they cau come to
the Board an~saytherems no other lami available.
Mr. Shields said the original ~wner shouldn,t get off this Scot free - B~ylan
bought the land without prudent judgement. In all fairness, the Board can't
change their decisiou. I think this has been a messy deal and they said "Letms
go to the Board of Appeals". DePari$ said that night herd take the land back.
The legality involved in this has not changed. Ets o~ attorney said he ~ld
take steps to recover the money he paid for ~he land.
Mr. Iand said the thing was conveyed o 'rmginally illegally.
Mr. ~hields said the only reasc~ land is not aw~lable tonight is becanse they
leg~_]ly couveyed land in the meantime, so that this is a proper deal. It was a
m~uipmlated transfer of title. This Board isnlt, Justified to perpetrate a
phony. I honestly feel that his hands are not clean. We ah~,l~ c~ncern ~trselves
wi+~h the problem we have before us. I think Boylan will get his money back; so
it isn,t a hardship.
Mr. Lurid Said this is be~en Boylan and DeParis.
Mr. Shields sai~ it was an illegal conveyance as a honse lot at ~he time of sale.
We c~d halve a l~,m~it c~ our hands if we grant it. ~e legal aSpects have not
change~; it's only get a little dirtier.
Mr. Morton m~d® a m~tion to DENY the variance. Mr. Lured seconded the motion and
the vote was unanimous. The reason given was that there was land available at
t~ ttra~_ of ptlroha~ to fl&lib'il the requirements of the Zoning By-L~r.
3. Dante Ippolito.
Mr. Shields made a motie~ to GRANT the variance.
and the vote was unanimous.
The Board signe~ the necessary plans for the variances granted.
The ~oard si~_d the following bi ~lls:
Daniel C~h411 (or Anna Donahue)
Anna Donahue - wages
Olerk