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HomeMy WebLinkAbout1964-04-1345 Monday - April 13~ 1964 Regular meeting & hearings The Board of Appeals held their regular meeting on ~onday evening, Atadl 13, 1964 at 8:30 P.M. in the To~n Bu~at~g. The following members were present ani voting: De-tel T. O'Leary, Oh~fr~ W~ll~am Morton, Secretary; Henry E. Luud, Arthur Drummond and Associate N~mber Alfred Boeglin who sat in place of regular member John J. Shields. Atty. Barold Morley appeared before the Board to request a letter from them stating that trees can~_ot he removed within 25 feet of the abutters property only and does not mean the street line. A letter wi~ be sent to btm to verify that condition. ~.ECTION OF OFFICERS: ~r. Lund made a motion to nominate Daniel OtLeary for C~, Mr. Morton seconded the motion. The vote ~as ,m~B~us. Mr. D~d made a motion to nominate William Morton for Secretary. Mr. Lurid seconded the motion and the vote ~as .unanimous. 1. ~.ARING: Carmen D'Urso.' 7.'30 P.M. Secretary Morton read the legal noticein the appeal .of Carmen J. D'Urso who requested a variation of Sec. 6.3, 6.6, Para. 6.31, 6.61 of the Zoning By-Law so as to permit the erection of a 2-f~m~y duplex dwelling on the premises, located at the West side of Ohickering Road, at the corner of Russell Street. Mr. D'Urso presented his plans to the Board. Atty. John J. Willis, spoke representing Mr. ~orycki, an abutter. He said that since Assoc. Mem. Boeglin does the foundation work for Mr. D'Urso there would be a conflict of interest and he should disq,,~fy b~m~elf. Mr. Boeg~4~ withdrew and did not sit on this hearing. Chairman O~Leary explained that since there are only four members now, there w~ have ~o be a unanimous vote. Mr. D'Urso explained that they have tried for ms,y years to do sometbt_n~ with that land but because of its ~e~,?*~r, triangular shape, noth~-8 much can be done with it. They have been peyin~ ta~es for more than 30 yesrs and have not been able to use the land. The house to be ~,,~t there would be a very vetmable home. Mr. O'Leary and Mr. Lund both s,aid it was a question of whether or not the Board had the right to do what was asked. According to the Building Inspector's letter, he suggests contacting the State regarding the set-back from Chickering Road. Mr. D~Urso showed a picture of the house. Mr. Stanley Xorycki objected. Atty. Willis represented Anthony lorycki and faw~y in opposition. He said he checked the Assessor's records and the land is ovned by Sam D'Urso. He said it is necessary for the ovner to show a hardship and if he ions% the owner, he can't show any h-~dship. This is 'too ~.,~"1'1 a piece of land to bn~d a house on. It can be used for a s~aller he~e and vould more nearly cc~ with the zo-t-~ law. ~here there is land of the same owner adjoining, it should be used in conjunction with it. It is an un-~ally shaped lot amd would create a hazard for traffic entering the higheay. The area is generally single homes. His clients are ~reatly opposed. This type of petition should be denied unless he can place a amsl~er home on it. Mr. Morton made a motion to take the petition under advisement. Mr. Dr~,-~nd seconded the motion and the vote was unarms. 46 April 13, 1964 - C~nt. 2. ~J~ING: Albert Steinberg: 8:45 P.M. There were 8 people present. The i~ll board sat on this hearing. Secretary Morton read the legal notice in the appeal of Albert Steinberg who re- quested Earth Removal permtesion under Sec. 5, Para. 5.1, 5.2 & 5.3 of the Zoning By-Law so as to permit earth m-terials removal for Site develo~nt of p~oposed subdivision, as shown on plans submitted, on the premises, located at the north side of Great Pond Read, containing approx. 1.75 acres. Mr. Steinberg said he wants to use the land and get the land to grade. It v~11 greatly improve the area. Mr. Morton said he would like to see proper plans..The ones presented are not complete enough. Mr. M~Dermott, representing the J. F. White Construction Ooj of Needlmm they would do the necessary work and that the fill would be used for the purposes of Interstate Route 495, and that this site was the best of many local .areas viewed for this possibility as far as the company was concerned. He said this site would enable the cmmpan~ to stay off the roads which were not suitable for the travel of-heavy trucks, and it would necessitate a m4~imum of travel through residential districts. This land abuts land owned by Stanley Stefanowicz on which earth removal has been permitted for several years. He said he has an agreement with the holder of the present permit, Ernest DelDuca, and will finish removal on that land first and would correct the problems now existing because of the methods employed in removing the fill from that land. On the Steinberg land they will cut back from the edge of the easement and gradually pitch. The ~ater is now pouring down to the houses and to Great Pond Road. This plan would alleviate that condition. Mr. Foster, Bldg. Insp., asked if this would t~ in the entire length of the present excavaticm. Mr. McDermott said substantially. Mr. Foster said we have a problem there now with the present excavation, will your operation take care of that? Mr. McDermott said they have to re-grade and complete it under the oondition of the sale of the material. Mr. Foster said upon looking over the plans, he felt that the plans _~h_~uld he in more detail. He thought there should be a 4-1 slope rather than 2-1 as sho~m on the plans. Mr. ~Dermott said he can do whatever the Board desires. W~ll~.m Byrne, 653 Lowell St., Lawrence said he ~mntm a gradual mlope. Mr. Boeglin informed him that it was not his property. Mr. McDermott shewed on the plans where Mr. B~l~se's 1~ was located. He said the slope can be eas~_ly adjusted to what the Board ~ants. Mr. Foster said he has to be the enforcing officer and he would like to see more complete plans. Mr. McDermott said they didn't have enough $.~w~ to survey the land and ,~__ke the plans. He can have it surveyed and the elevations put in, it would be done this week. The Board members a~.l agreed t~t the plans should show mere on them. Mr. MoDermott said he will have his engineer survey the area and subset the plans by the end of the week. The homes are well below the area where the permit would be involved - approx. 30 feet. Apr~ 13, lo/~. - Cont. Mr. Morton said a plan showing the 1-~d as it now exists and a plan after the f~ll is taken .ut would take care of any questions as to what is being done. Mr. McDermott asked what slope would be acceptable to the Board. The Board members said a 4-1 slope would be a nice slope and would take care of the water William Driscoll, an abutter, said they have a dangerous situation there now the way the slopes are and a had water problem. This earth r~__~_vel would do away with the problem. Mr. Xennedy that lives next door has the sa~e problem. If the pit is properly executed and bonded, everyone will gain by it; the town and the people that live there will benefit. It would vent the area away from the water shed and away fro~ the lak~. The way it is now, the area is eroding. Mr. McDermott said they are willing to put u~ a substantial bond - say ~20,000 to $25,000. This pit is ideally suited. The work will call for 1 mtl~on yards of material. They will not be going through residential areas. There is c~ly one spot on Sutton Street that is bad. There will be a police officer at the Job site and one at the pit. They have to get the fill somewhere and this spot would be of the least ~-~c~venience to the town. Mr. Lurid asked how long the operation would take. Mr. McDermott said a one year permit is all they want. Mr. Norw~- Hughes asked how muc~ fill w~l be removed? Mr. M~Dermott said ab~t a qn-~ter of a million yards. This will tie in with the other e~cavation on the Stefanowicz land. Mr. O'Leary said that the other outfit hasnlt complied with their l~nd. This year Board waanlt going to renew their permit - they have lef~ it in a terrible condition. He spoke about requiring the chain across the road to keep out cars at night and the complaints of neighbors. Mr. O~Leary asked if they are going to keep it opan. Mr. McDermott said they can lock it up at night. He hem made an arrangement to bu~ from DelDuca and part of the arrangement is that he ~ curacy with the bond re- quirements. They are willing to give a substantial bond. He has t*~ed with people in that area and has made an agreement amd understanding as to his obligations with the people who would be physically concerned. He wa~tm them satisfied. Mr. Byrne. asked how much they intended to excavate from the wire fence to Osgood St. Mr. McDermott explained to show that the lots will be better than they are now. The road will be crowned and will be better. Mr. Driscoll asked if all of this removal w~ll be concentrated in c~e Bond.: Mr. 0~Leary expl~ed that when DelDuca's bond ex~s, J. F. White will have to come in before this board, they will be held responsible. Mr. McDermott said the work on the Stefanski land should be done before the expiration date, ~which is in ~uly. ) Be is willing to put up another boad if it expires before the work is done. You can get your T~ Counsel's say on it. 48 April 13, 1964 - Cont. Mr. Foster said it would be better if we got it all on one permit. Mr. OtLeary said we Could stop DelDuca right now under the conditions that he is running it. Mr. Sullivan, an abutter, asked if the Board renews the permit for DelI~,_ca every year. (Which the Board does.) Mr. McDermott said he does not have an agreement with Stefansky, only DelI~,_oa. If the Board takes away his permit, he will have to back off until he can contact Stefansky. The bulk of the material is on the Steinberg land. Mr. Ohepulis said there has been alot of talk about detailed plans, it is required by ~ha Zoning By, Laws - it should be a matter of record. Mr. Ed. ~orziuk, an abutter, feels that a more complete plan should be brought forth. Be questioned what aecess was going to be used. Stanleyville Ave. is a right of way for abutters only. He asked how far do~n the slope they would remove land. To which the answer was 800 feet. Be asked how they were going to take the fill out. ~tr. McDermott says the road will be finished to Just where he needs it. Mr. Iorziuk then questioned the wordt~8 of the legal notice as to the ,=me of the street saying Pond St. instead of Great Pond Road and about the site development mentioned. Mr. Morton said that a future site development would improve the area. Mr. Steinberg said that he will develop the lots in t~-~_. Mr. Iorziuk again questioned the wor~g of the notice. Mr. Byrne said it was an ~ 1 ]egal notice. Mr. Sullivan asked if they would grade back. The Board members said they hav~ to. Mr. O'Leary asked Mr. Foster to eXplain to the engineer Just what he wants shown on the plans. Mr. Foster said to show the grades, the contou~ - existing and proposed contours - a 4-1 pitch. Mr. McDermott said they have tried to set it up so that when they are finished the pit will be closed. Mr. Chapulis said 6" of top soil should be replaced after excavation. Mr. M_,nermott said ha int~_~_.s to strip the loam and then put it baok. They can only put back whatts there. Mr. Foster and Mr. O'Leary agreed. Mr. Blrrne asked if they are going to put the trees back. Mr. Morton said thatts not their responsibility. Mr. Lurid made a motion to take the petition under advisement. Mr.. Morton seoonded the motion and the vote was unanimous. ~nen the new plans c~ne in, it rill he published in the N. Andover news for everybodyt s convenience. April l3, 1964- Cont. The Board discussed the D'Urso petition. Mr. Boeglin said that the lot is a tangent point - the lots are not together. Other houses in that area have 50 foot lots. Mr. Lu~d said he build a smaller house. Mr. Boeglin said he has to use the land for something. If he puts a smaller house he will be able to sell it easily. The Board discussed how far back the house should be set from the state road. The state requires that it he set back either 12 or 15 feet. Mr. Morton suggested that the Board contact Mr. D'Urso and meet to discuss with him just what he thinks could be put on the lot. Mr. Lund said we could come down to 10 feet on the sides and get a reasonable size house, we could restrict him as to the size of house he can erect. Ail of the members agreed to set up a meeting for the following ~aesday evening, April 21st at ?=30 in order to meet with Mr. D'Ur~o. GIT.BERT REA: Mr. OtLeary explained to the other members that Atty. Harold Morley wants a letter from the Board regarding the Gilbert Rea earth removal stating that the condition that no trees or material sb_~.l_l be removed within 25 feet of abutter's property lines, applies to the abutters only and not the street lines. The area along the street will be graded back ~from the street lines. The abutters concerned would be Edward R. Greenwood and Douglas & Ruth Wilson. A letter containing that information will be sent to Atty. Morley. OFFICE HOURS: The Board discussed setting up regular office hours, which would be on Monday afternoons, Wednesday mornings and Friday afternoons. In that way the office would be available to the public for the Board of Appeals, Plan~t~g Board and Building Inspector, since the clerk now does the work for all three. Ail members agreed that this would be a good plan and should be carried through. The Board signed a bill for A_~a Donahue for ~0. 00.