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HomeMy WebLinkAbout1964-04-21Tuesday - April 21~ 1964 Special Meeting The Board of Appeals held a special meeting on Tuesday evening, April 21, 1964 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 Lured, Arthur Dr~m,ond, and Alfred Boeglin, Associate Member. CARMEN J. DtURS0: Mr. D'Urso was present to discuss with the Board what could be built on his lot. The hearing was held on April 13th for a 2-f~m~y house. Mr. D'Urso explained that there would be no driveway off Chickeri~ B~d, it would be off Russell Street. For appear- ance, it would be better to have the house facing the highway. There will be no garage with this house, just a parkt~8 area. Mr. O'Leary suggested that he could move the house back from the highway and come down to 10 feet on each side. Mr. Lurid agreed and said that this was a special lot because of its peculiar shape. Mr. D'Urso said he intends to build a Garrison style house, of two stories and it is a nice looking house. Mr. O'Leary said we could grant 10 feet on each side and put the house hack at least 14 feet. Mr. Morton agreed and said he is paying taxes, he has to m-~e use of his Mr. D~-ummond suggested thinking it over for a little while. Mr. Lurid said you can't take money from a man in taxes year after year and ~ him what he can do with his land. Mr. O'Leary asked Mr. D'Urso if he could cut down the size of the house. Mr. D'Urso said be could if the Board insisted, but it would lower the value of the house. ~e already has someone that is a native of N. A. who is interested in bu~g this house. Mr. 0tLeary told him that he would b_~_ve to ChR~ge his plans according to the specifi- cations the Board says. Mr. D~Urso left and the members further discussed the situation. Mr. Lurid said he didn't see any harm in it. Mr. Morton said that across the street the houses are 7-8 feet from the side lines. The picture of the house is nice. Mr. Dxarmmond said he would specif~ that no garage can go on it. Mr. O'Leary said he ~ouldn't build it andy, this is a different situation. We have to act on the property as it stands. Mr. Lund made a motion to GRANT the variance subject to getting the proper plans and specify 10 feet on the sidelines and approx. 14 feet back from the front. M~. Morton seconded the motion and the vote was ~mous. ALBERT STEINBERG: Mr. O'Leary said he talked with Charlie Foster and he waid the new plans submitted by Steinberg were adequate. The Board checked on the DelDuea permit. Steinberg has to pick up and clean up Delduca~s permit in order to get this one. Mr. 0'Leafy suggested boosting the bond on this permit. The other all agreed on a ~25,000 bond. Mr. 0'Leary questioned he had to renew the permit. Mr. Morton said that this bo~ could cover it. Delduca will still have his $10,000 bond. April 21, 1964 - Cont. The Board discussed the use of the right of m~y. Mr. Lund said that it is written in the deeds that the people have the use of the right of way. Mr. N~rton said Stefanski can stop him from using the road. The other members said he can use the road. Steinberg has a right of way to use it. Mr. Boeglin said that once you sell lots you cantt stop anybody from using the right of way. They figured that it would be done in a year. The Board referred to the decision for Gilbert Rea on his earth removal permit and will go along with some of the same restrictions on this earth removal permit. There will be a ~25,000 bond and the ti~ l~m~t will be one ~ear. Mr. Morton said granting this permit will relieve a condition that is u~safe at the present time. Mr. Boeglin made a motion to GRANT the special permit. Mr. ~ond seconded the motion and the vote was unanimous. The deci'sion will read as follows: A. The petitioner w~l~ file with the Town of North Andover, a pPerformance Surety Bond in an amount of $25,000 with the stipulations that all provisions and requirements for operation and performAuce under such bond be subject to review &nd approval of Town Counsel. · B. The permit he issued for a period of one year at which time the Board of Appeals sh~ll review the performance under the provisions of the Bond and Permit requirements and if said performAuce and removal procedures have been performed satisfactorily, that a renewal of the permit may be granted. RESTRICTIONS: 1. That the engineering plans submitted by the petitioner shall he rigidly followed. 2. Tha~ any excessive noise sh~ll be avoided. 3. That.hours of removal shall be confined within the hours of 7s30 A.M. to 6:00 daily excluding Sundays and holidays wherein co-~ercial activities are otherwise stricted. 4. That all public ways sh~l be maintained daily for spillage control. 5. That all areas, stripped and brought to proposed grade sb~l progressively and with~at delay he returned to a state and condition to sustain vegetation. 6.That any expeOses involved in the preparation and execution of a permit and Per- formance bond conditions sh~l be sustained by the petitioner. 7. The Bond conditions shall contain a forfeiture clause insuring to the Town of North Andover, with express provisions of the right of the Town of North Andover to ~se such funds to restore any areas of the petitioner's land, scarred and requiring land treat- men% to obliviate any unsightly scars and otherwise bring into conforms-ce any other requirements or stipulations as provided in the conditions of the Perform~.e Bond. April 21, 1964 - 0ont. 8. That the Board sb~ll reserve the rights to cancel Permit in the event that any conditions or provisions of said permit are in violation provided that such can- cellation' shall not be effective until the Board notifies Permit Holder of such violations by registered return receipt mail with an allowance of 15 working days period for Permit holder to correct the conditions cited therein. 9. That time limitations herein are imposed by said Board and that renewal of permit shall not be made subject to new Public Hearings. 10. There shall be no more than a 4-1 slope in the fLnal bank and there shall be no sharp breaks on the floor of the pit. An approximate slope of 1% shall be maintained. 11. Boulders, stumps and debris must be either removed or buried before the final acceptance of the pit. 12. There shall be no more than a 45° bank left at the close of the day's operation. REASONS FOR GRANTING ~.ARTH REMOVAL PEP, J~f: 1. The present condition of the land in question is unsuitable for residential purposes or for agricultural purposes due to the steepness of the hill. 2. The proposed elevation levels coupled with the Boardls restrictions, will produce a tract of land which can be used for agricultural purposes, which is permitted in the zon~ district; or make it more suitable for residential purposes intended by the zo~g district. 3. Granting of the Earth Removal Permit will not be detri~entel or injurious to the neighborhood or at variance with the public interest, since the operation will be con- dueted on the petitioner's land. 4. The petitioner's request is reasonable and to deny it would constitute a hardship, since it would deny him the right to use his land as intended by the Zo~_~g By-Law. The Board signed the necessary plans for Albert Steinberg for the earth removal permit. The meeting adjourned at 8:30 P.M.