Loading...
HomeMy WebLinkAbout1963-08-12Monday - August 12, 1963 Meeting & Hearings The Board of Appeals held their regular monthly meeting on Monday evening, August 12, 1963 at 7:30 P.M. in the Town Building. The following members were present and voting: Daniel T. O'Leary, Chairman; William Morton, Secretary; Henry E. Lund, Arthur D~_~mmond and John J. Shields. 1. HE~PJNG: I. Theodore FreiJe; 7:30 P.M. Secretary Morton read the legal notice in the appeal of I. Theodore FreiJe re- questing a variation of Sec. 6.5, Para. 6.51 and a special permit under Sec. 4.4, Para. 4.44 of the Zoning By-Daw ao as to permit the approval of a site plan review and a special permit for the construction and operation of a gasoline service station ~ith two car lubritorium on the premises, located at the north side of Osgood Street, (Rte. 125), across from Great Pond Road. Atty. Joseph Bacigalupo represented the petitioner. Atty. Ralph Finck asked if ~the variance and the special permit were being heard as one, that if one was turned doMn then both would be. Atty. Bacigalupo said both wBre being heard as one. Atty. Bacigalupo went on to explain that the area is zoned Industrial and requires 50,000 sq. ~t. The lot contains 45,050 sq. ft. The Commonwealth took 3,600 sq. ft. for Rte. 4q5. Land on three sides is zoned Industrial. This is valuable land which at present i~ not being used for any pmmpose. It yields $13.23 taxes a year. He asks the Board to favorably consider the petitioner's request with respect to area requirements. Are not asking that zoning be changed. They once had land that met the requirements of the By-Law and then the Commonwealth took a piece of it creating a hardship to the petitioner. It would not derogate from the intent a~d purpose of the Zoning By-Law. It is zoned for Industrial and wo~Lld stay Industrial. This Board is the only one that can give reIief in this situation. The Lan~ will be used for the purposes of a gasoline service station, the Atlantic P~fining Company. The building will have the required set-back from the street and rear and side lot lines will conform. It would not be a blight in the area but wo~td be well kept and operated. Operation of a gasoline service station isaper- mitred use under the Zoning By-Law; subject to approval of the Board of Appeals and site plan review. Mr. Pierce, a representative of the Atlantic Refining Company, showed building plans s~nd had plastic models which were sized to scale to show actual lay-out. He explained that they will conform to all wiring, lighting requirements and ~ generally meet all conditions which are set them ~mder the By-Laws and Building Code. They have submitted complete building plans to the Building Inspector and they will conform in all respects. Atty. Finck and William Chepulis showed a discrepancy on the plans as to how the building was placed on the lot. ~.~. Pierce explained that the entire lot has a frontage of 205 feet; they plan to only develop 160 feet, the rew~ulhg land will remain in its present condition. Mr. Chepulis said 43 feet will be unused. We are considering the entire lot of land. Shouldn't that be sho~n? ~(~r. Finck asked how far from the lot line would the building be. (The answer was 47 feet from the lot lin$). He said the building is not centered on the lot. August 12, 1963 - Cont. Mr. Pierce explained that the driveways have to ~ct with State Dpp$,~i.~quirements They were placed there as regards the safety angle because it is farther from the traffic lights. They have to be approved by the Co--lesion. It takes about two months to get a permit. The District Engineer has approved it. In every instance the Company engineer met with the State engineer at the specific site. Atty. Finck asked what the remaining land would be used for. Mr. Pierce said that it is pradtically impossible te use for anything with the amount of land that is left. Mr. Bacigalupo said that in 1960 a permit was issued by the Board of Health for a septic tank, for another purpose. Mr. Pierce said that an agent from the State Board of Health met with the Company engineer and approved it. Atty. Finck stated he was representing Mr. & Mrs. Chepulis who are opposed to granting of the special permit. Zoning is only good if it is connected with the general welfare of the public and of individuals. We don't ~eed another gasoline station. As regards to ~ety - there is heavy traffice to and from Western Electric. There have been approx. 15 accidents in the area. The B.P.W. and Brd. of Health woufd still feel they don't want gasoline storage in t~mt area. It is not a ha~d- ship case. The property was purchased in 1960 and they could ~ve used it in any way until the State took some of it in 1961. There is no topograph~ map to show whether this building is suitable for this watershed area. Mrs. Norman Hughes spoke in opposition, agreeing with Atty. Finck and a&~t~ that the plane situation is terrible and this would make a dangerous condition. Also said she heard the Board had passed it. Atty. Finck said this Board could not in any way try to decide a case before it was heard. Mr. O'Leary said this Board is unpaid and give the Town alot of their time and is fed up with this gossip going on in town. People would be better off to mind their own business. If people wish to sit here they should contact the Board of Selectmen. Some members wonld be glad of it. Mr. Hughes spoke about the traffic and stopping for wchool busses, etc. Mr. O'Leary explained that this is a police problem. On all cases w~ contact other Boards and m_~_.ny other things that come before the Board. They are contacted before we even decide on a case. The Board can set any restrictions for its use. Mr. Oscar Root spoke in opposition, saying the land should be kept for conservation purposes. There was then a discussion about provisions of the Zoning By-Law, etc. Atty. Bacigalupo spoke about the 0urtain Shoppe being considered for ~this site at one t~m~, but it did not work out. He then referred to Mr. Rootls statement about conservation saying that he is actually asking to sieze private property for public use so that no value can come of it. It is not fair to leave it there. This is private prpperty. August ~2, 1963 - Cont. The Board of Health has had percolation tests made and apparently have been very successful. We have to satisfy the Board of Health that there will be no danger to the Town. Now we have to satisfy the State and North Andover Boards of Health. As far as danger of planes goes, a plane can come do~n anywhere. Any time a plane goes in the air there is a risk. The hardship is with the land, that is wh~ we have an Appeals Board. We need 50,000 feet and have only 45,000 sq. ft, so we come before the Board. Nobody has at any t~_ ~,~_ ever indicated that this permit was going to be granted; we know better than that. He ~as a member of the Board of Appeals in Andover and constantly came across the type of gossip that is going on. We should not be held responsible for what was said; Mr. 0'Leery asked if anyone was presentfre~presenting the Airport Cc~mission. No Atty. Bacigatupo showed a letter dated Ju~e 28, 1963 of approval i~ the State for everything; Mr. Chopu2is said it is not fully shown as to the location of the bulldog on the lot. A i~l] plot plan should show exactly things should be. Mr. Shields made a motion to take the petition under advisement. Mr. Lund seconded the motion and the vote was unanimous. This bearing ended at 8:40 2. HF~NG: Esther R. Cra~ford: Secretary Morton read the legal notice in the appeal of Mrs. Esther R. Crawford requesting a variation of Sec. 4, Para. 4.11 (A~8) 'of tbe Zo~t-g By-Law and a special permit so as to permit the remodeling of the second floor to ,~We 2, 3-room apartments and to allow the first floor to be remodeled at a later date. Each apart- ment would be separate units, with 2 entrances and would comply with plumbing and safety laws on the premAses, located at the south side of Middlesex Street; 100 feet fr~m the corner of Marblehead Street, known as 256-258 Middlesex Street. Mrs. Crawford and her son were present to present t__~eir plans and ,~_~e any further explanations. There were no abutters present and there was no opposition. Mr. Shields made a motion to take the petition under advisement. Mr. Morton seconded the motion ~_nd the vote was unanimous. 3. HEARING: Benjamin Hollins: Secretary Morton read the legal notice in the appeal of Benjamin Hollins requesting a variation of Sec. 6, Para. 6.41 of the Zoning By-Law so as to permit a subdivision into two lots, one of which would not have the required frontage in a general business district on the premises, located at the south side of Mass. Ave., 293.93 feet from the corner of Co~nonwealth Ave., being an n~wumbered lot. Atty. Harold Morley, Jr. represented the petitioner, who ~s also present. Tbere were no abutters present and there ~as no opposition. Atty. Morley explained that this partic~-iar lot had been before the Board before and approved but was for a ~dw~re store. This is for a legal aspect because Mr. Hollins is going to sell tbe lot ~ £or a bulk storage area. Mr. Shields made a motion to take the petition under advisement. Mr. Lurid seconded the motion and the vote was unanimous. August 12, 1963 - Cont. 4. HEARING: Charles W. & Gertrude Morgan: Secretary Morton read the legal notice in .the appeal of ¢~rles W. & Gertrude M. Morgan requesting a variation of Sec. 7, Para. 7.23 of the Zoning By-Law so as to permit the erection of a garage on the premises, located at the south side of Milton Street 200 feet distant from the corner of Third Street,. known as 19 Milton St. Miss Morgan and Mr. Morgan were present tb show their plans and make any iku'ther explanations to the Board. He wants to build the garage within 5 feet from the Mooradkanian lot. It would conform with the general neighborhood. He spoke with Mr. Mooradkanian who said he was in favor of it. There were no abutters present and there w~s no opposition. Mr. Shields made a motion to take the petition under advisement. Mr. Lund seconded the motion and the vote was unanimous. 5. HEARING: Alcide Charest: Secretary M~rton read the legal notice in the appeal of Alcide Charest requesting a variation of Sec. 6, Para. 6.33 of the Zoning By-Law so as to permit the subdivision of two existing lots into two new lots, one of which will have an area less than 44,000 sq. ft. on the premises located at the southeast side of Appleton Street, at the corner of Salem Street. Atty. Ralph Finck represented the petitioner, who was not present. He did not have the proper plans but the Board voted to continue with the hearing subject to his presenting the proper plans. Atty. Finck attempted to explain, but it was difficttlt to comprehend without the proper plans. Mr. Morton said we can't continue with the hearing because the abutters ha~e the right to look at the plans. Atty. Fiuok said it was just changing the lot lines. Mr. Shields made a motion to take the petition under advisement subject to receiving the proper plans. Mr. Lurid seconded the motion,; the vote was unanimous. APARTMENT DEVELOPMENT: Atty. John J. W~llis was present to show preliminary plans to the Board for an apartment development on Chickering Road. Mr. Robert Rolde, of the R. & S. Construction Company was also present. Mr. Rolde contemplates an apartment development to contain approx. 200 units. The initial plan is for 128 units. The la~ involved starts at Lyncht s Drive-in, north to property of Burke and to Ipswich Street. All building will be under the supervision of FHA.. If approved would start construction as soon as weather permits in 1964 and be completed in 1964. The town does net have to supply anything - only police and fire protection. They will take care of all utilities, build own roads and he responsible for their upkeep, will provide own pumping station, all installations of water mains, etc. The hearing will be held on Monday evening, September 16, 1963 at 7:30 P.M. Atty. Willis spoke about the roads and getting Planning Board approval. Mr. O'Leary explained that it would expedite m~tters if he went to the Board first. 9 August /2, !963 - Cont. Mr. Buturlia and another man appeared and asked to see the plans for Alcide Charest. They were told the hearing had been held earlier in the evening and he should have been present then. Me. Butur!ia disagreed violently with the way the lots were divided. He was told that the Board would take no action until proper plans were received from Mr. Charest. DELDUCA BOND: Nr, Norton read a letter from Atty. Charles Trohbly saying he had filed a performance bond with the Board of Selectmen as requested in our letter of July ll, 1963. SALVATORE ALA/$~D PLAN: Chairman 0tLeary told the Board that Atty. Petralia, representing Salvatore Alaimo, had contacted h~m mud asked b~m to certii~y ~l~imo~s plans since the time limit had expired for registering them at the Registry of Deeds. The plans were originally signed on ¥~y 14, 1965. APPLIC~TIONS FOR Two applications ~re received and hearings set up: 1. R. & S. Construction Company - Sept. 16, 7:30 P.M. 2. Paul Pdess - Sept. 16, 7:~5 GILBERT REA: I~. ~rton who was present, did not sit on this petition. present this evening. ~. Burke did, but is not ]~. 0'Lesr! explained that he had sent all particulars to Town Counsel . Mr. },brton read the letter received .*rom Town Counsel. ~. Shields said that we had asked that he put the motion into legal form. ~,~. 0'Leery said that all we get from Town Counsel's answer is that "you form your opinion and I'll defend it." ~. 0'Leery read the letter we sent to Town Counsel in which we requested "to put the enclosed "motion" into legal form and to perform such other legal services as may be necessary to affect the receipt of a Performance Bond ($~0,000) in accordance %~th the motion. We would also like any recommendations that you may deem necessary to give to this Board for guidance in this matter." ~.~. Lurid said the only thing we do is go along with our decision and then let h~m act if he has to. ~. 0~Leary read the conditions already submitted and some additione! restrictions for the Board to consider. The Board m~mbers agreed they were very good. A letter ~,ill be sent to Atty. Morley asking for a definite plan of a reforestation program to be submitted to the Board. The fo/lowing are the additional Reasons: 1. The present condition of the land in question is unsuitable for residential purposes or for agricultural purposes due to the stee~ess of the hill. · 2. The proposed elevation levels coupled with the Board's restrictions, will produce a tract of land which c~u be used for agricultural purposes which is permitted in the zoning district; or make it more suitable for residential pttrposes intended by the zoning district. 10 August 12, 1963 - Cont. 3. Granting of the Earth Removal Permit will not be detrimental or injurious to the neighborhood or at variance ~D. th the public interest, since the complete operation will be conducted on petitioner,s land, except truchinE over a short stretch of Chestnut Street. On this short stretch of Chestnut Street, there are presently no dwelling houses to pass except that of the petitioner, which is located at the corner of P~a and Chestnut Streets. 4. The petitioner's request is reasonable and to deny it would constitute a serious hardship, since it would deny t~imthe right to use his land as intended by the Zoning By-Law. DECISIONS: 1. THEODORE I. FREIJE: Mr. Lund said he would like to know what the Police and Fire Chiefs think of the matter. Mr. Morton questioned whether plans were correct. The location of the building is not shown on the plot plan. They could put in anything the way it is now. Mr. Shields said he would like to see ~rantie curbs, concrete sidewalks, landscaping and beautification of the property. Mr. Drummond questioned what the extra land wonld be used for; he might put used cars or something. Mr. Shields made a motion to table the matter until the Police Dept., Fire Dept., Board of Health, Board of Public Works and Planning Board have given their decisions and will then further consider it. ~. Lund seconded the motion and the vote ~ras ~nanimous. Mr. Shields said he doesn't believe they have any plans for the other land but that they ~re going along with the enginoers as to the best entrances, etc. An outfit l~e Atlantic Ee~ining wouldn't do anything wrong. We should know exactly how the land is going to be developed. 2. EST~ERR. CRAWFORB: The members were agreed tbmt apartments o£ t~hat nature are needed in this town. Mr. Drummond made a motion to G~T~ the variance and special permit. Mr. Lund seconded the motion and the vote w~s unanimous. 3. Benjamin Hotlins: The members agreed this was mere or less for legal confirmation since this same thing b~d been ~ranted pre~£ous!yo ~.~. Lund made a rmotion to GP~NT the variance. ~,~. Shields seconded the motion and the vote was unanimous. 4. CHARLES W. & GLqTRUDE MORC~{: Mr. Shields made a motion to GRANT the variance. the vote was unanimous. }~. Drummond seconded the motion and $. ALCIDE CI~REST: ~ir. Shields made a motion to table the matter until we receive plot plans for revised lot lines as requested in the petition. ~. Lurid seconded the motion and the vote was unanimous. August 12, 1963 - Cont. Ti~ Board signed the necessary plans and the following bil~s: John ti. Hosking 19.90 (new minutes book) 72 Anna Donahue ~ FILING PLANS WITH APPLICATIONS: The Board discussed whether or not to have plans filed with the applications in order that they be available to the public before hearings... The members were agreeable. A notice will be published that starting with the October hearings, plans must be submitted with the applic~.tions for hearings and will be available at the Town Clerk's office prior to the hearings. The meeting adjourned at 1~l:00 P.M. ~. r _ ~2 A AD Clerk