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HomeMy WebLinkAbout1963-09-16Monday - September 16, 1963 Regular Meeting & Hearings The Board of Appeals held their regular monthly meeting on Monday evening, September 16, 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, Arthur Drummond, John J. Shields and Henry E. Lund. 1. HE2RINC: R. & S. Construction Company; 7:30 P.M. Secretary Morton read the legal notice in the appeal of R. & S. Construction Op. by Robert Rolde, requesting a Special Per2dt for an apartment development under Section 4.7 of the Zoning By-Laws so as to per:~t the construction of a complex of buildings as indicated on the plans submitted to the Board of Appeals containing in total, two hundred (200) dwelling units, ell as shown on a site plan filed herewith and con- forming with the provisions of Section 4.73 of said By-Law and such conditions-as .may be imposed by this Board; on the pre~ises located on Chickering Road, approx. three hundred (300) feet southerly from the ~ntersection of Dufton Court and on the westerly side of said Chickering Road and as shown on a preliminary plan of the site, a copy of which is filed herewith as ~ "Site Plan" under Section 4.52 and as a diagram and "Statement" under Section 4.51 of said By-Law. There were betweeu 15 to 20 people present. Atty. John J. Willis represented the petitioner. He showed th~ plans to the Board and proceeded to explain tl~ apartment development. As their initial program, they will build 128 ~uits. The reason they are asking for 200 units is to eliminate havin¢ to come before the Board again. The building program will be done in two steps, with the first being 128 units. (Atty. Willis showed pictures of the types of buildings.) They will be brick, with hip roof - 16~ from tip of roof to foundation. Everyt~hifig will be in compliance with the Zoning laws, etc. Will comply in every respect as to yard spaces, entrances, pa~(ing spaces, etc. W~ll have a lift pump station for sewerage, have submitted plans to Board of Public Works. They ~nkll maintain the roads and provide the necessary services. He went before the Planning Board with plans ss to roads and wiZ1 receive their decision shortly. This is the type and kind of developnent that North Andowr needs. This will be a great asset to to North AndoYer and will fulfill a tremendous need since this town is gro~ng and this is the kind of %hing that will help to make it grow. It is in an area which s&ll not affect surrounding area. There will be very little cost to the town. Streets will be constructed by the developer at their expense. 0nly police and fire protection are needed from the town. The following were recorded as o'?osed: Edward R. :.~.!lory, 334 Salem Street - He said it would increase the tax rate because it wou2d mean more children to add to poo~lation and that Mould mean note schools to be built. Donald Field, !! Brewster St. - He said t.bis is not a fitting place for such a development - would be more hazardous. ~lbert ~merciak, 14 Cotuit St. - Wo~ld be a he~_lthmenace. ~. Morton made a motion to take the petition under advisement. ~'~. Lund seconded the motion and the vote was unanimous. September 16, 196~ - Cont. 15 2. HEARING: Patul A. Riess; 8:05 P.M. Secretary Morton read the legal notice in the appeal of Paul A. Rtess requesting a variation of Sec. 6, Para. 6.2 of the Zoning By-Law so as to permit the erection of a d:-:elling~ on 1.68 acres of land with 27 feet ~reet frontage, en the prenises, located at west side of Johnson Street, 1550 feet distant from the corner of Rea Street. .~h'. Shields disqualified himself from sitting on this petition since Mm. Riess is his son-in-law, i~r. Bttrke was designated by the Chairman to sit in place of M~. S_hields. I,~. Riess explained that only 27 feet front on Johnson Street and there is no other land available. The land was given to him and he needs to build there to make more room for his fsmily. He presently lives in Reading and does not have m~ch room. lie presented plans to the Board and explained there wotnld be a driveway of approx. 200 feet entrance to the 1.68 acres of land. Mr. Giard, an abutter, wanted to know where the house would set and face on the lot since he also has a right of ~y and dddn~t want people using kts driveway to get to ~. Riess' ho~. Xr. Riess said the house would face Johnson Street. Mr. ~mnri and Mr. Querci, abutters asked questions also, sa~ing that not nuch land wo~tld '~e left on either side of the driveway. M~. Riess said it would be s private ~ay. Chairman O'Learyasked if any other land was available. ~M. Riess said there wgs not. l.m. Riess said he would get the facilities to his property at bis own expense. ~. Giard again brought out about people using his driveway to get to Riess~ property. He doesn't want any trouble. ~.~. Riess said he thinks that could be avoided. ].M. Burke made a motion to ta~e the petition under advisement. Mr. Drummond seconded the motion mud the vote was unanimous. ~,M. LUrid had to leave for the Assessor's Office and M~. Burke was designated to sit in t~s place. ~r. shields will also sit on the hearings. 3. ~ARING: JOHNC. FARNIR.I & BOSTON SKI DEVELOPI.~NT CORPORATION; 8:15 P.M. Secretary Morton read the legal notice in the appeal of John C. Farnum & Boston Ski Development Corporation requestin~ a variation of Sec. 4, Para. 4.04 of the Zoning By-Law so as to permit the erection of a ~milding to contain ski shop, first aid room, toilets, concession for food ~d warm drinks and rest area and to move existing building closer to lot line to be used for ~mintenance building on the premdses, located at'~st side of Turnpike Street, opposite the corner of Johnson Street. Atty. Charles Trombly represented the petitioner and presented the plans to the Board. Mr. Robert Dunn, General ~nager of the Corporation and ~. John Farnum, owner of the land were also present. September 16, !963 - Cont. ltty. Trombtyexplained that the Ski tow has operated since 1957and have had their troubles with gr~.~ngpains as eye,Tone has. The war~ing hut is now inadequate. Two che~ca! toilets which are totally inadeqt~te and a source of conplaint. They now propose to erect a modern ski Chalet which will contain a ski shop, first aid room, ticket office, rest roow~s, ~t~. On S~t~urday~s and S~nday~s they expect at least 800 skiers and need more room. They will have a modern building which will cost approx. ~35,000. Will be landscaped and maintained for the year. The skiing operation has been ve~~ successful. V~rious schools, such as Abbot Academy, Boston College, Harvard, Tufts, Brooks, Phillips Academy, etc. use it. They will have the operation co~?letely on one side of the street. William McEvoy spoke and said he is interested in the ~'~kids of North Andover and on'Saturday's and Sunday's they go to the ski tow. This is one area where kids in town go and enjoy themselves. The suggested ~proveuents wetted m~e this area look better. Is very much in favor. Mr. John Farnum is in favor. John Livesey, W. Bradstreet Rd. Opposed was Atty. Leo Terrazano everyone to know tt~t there ~.~as this Board. There were certain is in favor. representing ~rgaret R. Simon, an abutter. He wanted a lawsuit brought by ~ss Simon opposing the action of agreements made at the time the ski tow was first approved that they did not live up to. This ide~ of a ski tow for schools is alot of bunk. There is a traffic menace on ~¥~o. ll4. This ski tow is annoying and disturbing to many people. They make artificial snow and the sound carries far in the night time. The bndldLug wo~ld be too close to Simon's l~d. I~. Robert Dunn, }~nager, said the new .bui=~mng will be farther away from your land. Atty. Terrazano spoke about their agreement for a fence and that about 200 feet of that fence .have been broken. ~. Bztrke made a motion to take the petition under advisement, lit. Drummond seconded the motion and the vote was unanimous. 4. HEARING: Robert Gartside: 8:35 P.M. Secretary Morton read the legal notice in the appeal of of Robert Gartside requesting a variation of Sec. 7, Para. 7.22 of the Zoning By-Laws so as to permit the erection of a garage nearer to the lot lines than is allowed under the Zoning By-Law, on the premises, located at the south side of Longwood Avc., approx. 200 feet distant from the corner of Chestnut Street, known as 31 Longwood Avenue. ~. Gartside presented the plans to the Board and said there was nothing further to explain. Everything is as sho~,m on the plans. Atty. Ralph E. Finck !oohed at the plans and said the garage was not adjacent to b~s client's land so there was no objection. ~. Morton made a motion to take the petition under advisement. Mr. Shields seconded the motion and the vote was unanimous. September 16, 1963 - Cont. 5. HEARING: Guido Lombardi: SecretaNy~{orton read the legal notice in the appeal of Guido Lombardi requesting a variation of Sec. 7, Para. 7.22 of the Zoning By-Law so as to permit the erection of a garage nearer to the lot lines than is allowed under the Zoning By-Law, on the premises, located at the west side of l.~nute Avenue known as !1 Minute Avenue. ~.~. Lombardi presented his plans and said everything was self-explanatory. ~. ~orton made a motion to take the petition tunder advisement. Mr. Burke seconded the motion and the vote was unanimous. Edward Saul: Mr. Edward Saul, Turnpike Street, appeared before the Board and explained that he ~mnts to sell his gasoline station along ~dth an ex*~ra 15 feet so t~han an addition may be made to the garaEe. But then the house lot would not have the required frontage. Both lots are before the zoning laws went into effect. The Boar~ explained to him that t~his would be a case.for an attorney - see how he interprets the By-law. ~ve the attorney contact Arnold Salisbury. Norman Scott: ~. Norman Scott appeared before theBoard asking what the zoniug was for Willow St. and Hillside R~. lie wants to cut land into ½ acrelots if possible. He was.told to contact his attorney. Theodore I. Freije: Secretary }~o~.on read the letters received from Bos~d of Public Works, Board of Health, Police Dept. and t~anning Board. ~The Board has not received any c~a~nicationfrom the Atty. as to sewerage so that no action can be taken. Mr. Drummond ~de a motion that the letters be received. I~M. Morton seconded the motion and the vote was unanimous. LETTER From Town Counsel regarding Decisions: Secretary Morton read a letter fr~F~ To~.~. CoLuusel Arnold Salisbury in answer to Our. letter regarding time limit for making decisions on petitions. In s~ostance the letter sa~ys the Board can make a decision~ithin 90 days after the hearing and can make it conditional. ~,~. O'Leary said that was the way we used to make decisions but this Board m~_de an agreement that we should contact other boards before we ~e a decision. !~. Shields said that he thinks he was the one who suggested the procedure, but due to his immaturity on the Board it may not have worked out right. Letter from Edward Greenwood: ¥~. O'Leary read a letter from Edward Greenwood in which he requested the Board to send him certain information regarding the earth removal permit of Gilbert Rea. Mr. O'Leary said that Sec. ll, Para. ll.3 of the Zoning By-Laws state~ the information he desires and a letter will be sent to him informing him so. DECISION~ 16 September 16, 1963 - Cont. DECISIONS: 1. R. & S. Construction Company: ~,~. Lund said he can~% see anything ~,~ong with the development. ~. S_hieldz made a motion to GkqI~ the special permit with the following conditions: A. A definitive detailed engineering plan be submitted for approval or review, showing all set-backs and all utilities and roadways to be installed subject to the existing requirements of the town of North Andover. Detailed architectural plans be submitted for review & acceptance. Detailed landscaping plans be submitted for review & acceptance. The petitioner shall satis~ all aPl~licable town a~encies in their respective requirements of the to~m regulations. Crsnti~g of a special a~t shah be withh~ldmntil such time as ~ pe$i- richer presents to this ]card complete fulfillment of the above. Mr. Nortm so,ceded the motion and the vote ~as vmanimous. 2. PAul A. Rices: Mr. Morros said there i, no other land available. The I~"~"E ~oard approved the plans and left the problem up to us. Giard has a 20 fit. road, Saptenza has a 50 ft. road. Mr. ~urke said we did the same t~ with Sbann. about the ~trd dany4-~- the petitioa of Vincent Boylan for the .same thing. Mr. Lend said that in his case he had land available at the t4~ of sale - that it was an illegal sale. Mr. ~orten made a motion to GRANT the variance, Hr. Lund seconded the tactics and the vote was ~s. The usual reasons for gr*-t4-.~ ~ apply. 1. There is no other ~--d available. 2. There are two ether similar drive,aye in the neighborhood. 3. Unless the variance is granted, the applicant ~ suffer substantial h~dship, financial or otherwise. 3. Bosto~ Ski Develo~nt: Mr. O'Leary reed the original decisions and c~nditim~ of Avgust 21, 1~57 for a hearing held for the Boston Ski Development. The ~oard discussed thoroughly the need of more expliei% pleas. Atty. Charles T--~ably w41~ be contacted and asked to m~et ag-~- ~ith the ~oerd and show the location of the new bu~ding and try to get ~omething in ~ormity. Sub~t a complete set of architectural plans. ~ave the Site Finn at least 1OO feet back, showing driveways & park4~ areas. Show where the shed is going to be put. (On Sept. 17th, the clerk contacted Atty~ Trembly and made merits to meet with the ~oard o~ Nonda~, Sept. 23rd at 7:30 4. Robert Gartside: After a diseussiea, Mr. Shields made a motioh to GRA~T the variance. seconded the motion and the vote w~s m'.a,',~n,Mas. The us--1 reas~ for granting will apply. 5. Guido Lambardi: After a discussion, Mr. ~u~ke made a motion to GRANT the variance. Mr. Shields seconded the motion and the vote was ~,,4w~m~. The usual reasons for grant4-E will apply. Sept~_m~er 16, 1~3- Cont. ~.~,~RT A. STEINBERG: Sinee the 90 da~ is altar u~ ~ ~ to t~ ~*~ti~ ~i~ ~ T~ C~l t~ ~ti~on ~ ~ A. S~g for a S~c~ ~t for ~ a~t ~lo~t. T~ ~ ~s ~d ~ ~ 10, ~. S~elds ~e a ~tion ~ G~ t~ ~ci~ P~t ~Ject ~ a~ of ~ ~ ~~. ~. ~ see~d ~ ~on ~ t~ vo~ ~ ~. T~ ~ ~ for ~ ~ ap~. · o~atoa ~ress. Ino. (Printed envelopes) $~.50 Arum D~nahue (Or Daniel C.htll - 50-~ oard~) 2.00 J'oha R. ffo~k~-_~ (supplies) The ~eting adJc~raed at, 10~30 ~.