HomeMy WebLinkAbout1964-05-11Monday- May il, 1964
Regalar Meeting & Hearing
The Board of Appeals held their regular meeting on Monday evening, May 11, 1964
at 7:30 P.M. in the Town Building. The following members were present and voting:
Daniel T. 0'Leary, Chairman; William Morton, Secretary; Henry Lurid, Arthur Dz, m~won8
and Alfred Boeglin, Associate Member who sat in place of John J. Shields.
ALI~E R. COLGATE:
Secretary Morton read the legal notice of Alyce R. Colgate who requested a Special
Permit under Sec. 4.4, Para. 4.44 of the Zoning By-Law so as to permit a Gasoline
Service Station on the premises, located at the west side of 0sgood Street, at the
corner of Clark Street.
There were 10 people present. John Leone was present as the representative of
Phillips 66, the company interested in having a gasoline station on the Colgate land.
He said this location would be ~bJect to percolation tests now being conducted by
the stat~. The septic tank systems will be decided by the use at this station. Mrs.
Colgate is interested in selling this land.
Atty. Harry Silver represented Mrs. Colgate who was alSO present. He explet~ed that
this land will be improved when a station is ~,,tlt there. It would be a hn~dship if
the petition were denied. It would be an ~mprovement to the town. There is nothing
dangerous and it would not interfere with the general public. There a~e no churches
or schools in the area. There are no houses that would be too close. He respecti~Ally
asks the Board to permit the station in this location.
Mr. Watson of the Union 0il OomP~ of Boston said they have put Phillips 66 stations
in this area and this would make a good location for a gas station and ask that the
Board permit it.
Mrs. Colgate said she is in favor of this and would like to dispose of the land.
Mr. O'Leary asked if there was anyone opposed.
Mr. William Chepulis stated that he was opposed. He says there is no hardship in-
volved. A h_n_~dship applies to the land in question a~ not to the petitioner. Ira.
provement of the area was ordere~ by th~ Boar8 of Selectme~ and nothing has been done.
The non-improvement of the area was _me__~--made and should be corrected. There are
houses nearby, with~- a few ~undred feet of the area. It is at an intersectic~ and it
would be difficult to get in and out. He also said that the notice should have been
for a Site Plan Review and not a variance. A site plan review should include an over-
all picture. We should decide whet is best for the town of North Andover; that is the
prime interest of the Zoning By-Laws. This petition should be denied.
The engineer explained that the plan conforms in all respects to the new state lay-out.
Mr. Chepulis said this use would decrease the ~.mount of Industrial land available t~
this area; little by little we senm to be taking away from this area. This chops it
up and makes it less suitable and less desirable.
Mr. 0~Leary said he would like to see more proper plans.
Mr. Leone said that once they get the variance then they can get a complete set of
plans to present to the Fire Dept., Selectmen, etc.
May 11, 1964 - Cont.
Mr. O'Leary said we would like to have something more to go on, at the same time it
could be subject to the approval of the Fire Dept., Police Dept., Board of Health,
etc. as regards to safety, etc. You get the plans and we will set up a meeting to
decide and vote on the hearing. (Mr. OtLeary showed the l~eize plans to give them an
idea as to what we require. )
Mr. Morton said the driveways on the Freize plans were already approved by the State,
which they should have done also. He would like to see more comp~te plans to see if
it is going to be some asset to the town. He then spoke about the diner situation that
had been originally intended for the same area, how it never went through and what a
mess they mede of the land, etc.
Mr. Chepulis mentioned again about the legal notice not saying site plan review and
that a variance is not necessary.
Mr. Morton again read the legal notice as advertised and felt that the section of the
By-law as specified covered everything. The Board checked other notices of previous
hearings for gasoline stations.
Mr. Lund nde a motion to t~e the petition under advisement and cheek with Town Counsel
as to the wording of the legal notice.
Mr. Morton said we can continue the hearing next Monday night and _4~ the meant~-~ we
c*~ find out whether or not it has been advertised correctly. We w~]l leave it open
so that this hearing is not being thrown out. Mr. Morton then made that statement
in the form of a motion to meet next Monday evening at 8:00 P.M. Mr. Lurid seconded
the motion and the vote was unanimous.
Mr. Chepulis said he would like to point our that the Board of Appeals has the power
to set the hours of operation for the station.
There was a dis~_ssion as to the application, the Bui~-g Inspectorts letter, etcj
Leone said that there is time involved and things mast be taken care of quickly.
The engineer said he could have the necessary plans back within a few d~Ts.
Mr. Lund then returned to the Assessor's office to resume his meeting there. Mr.
Burke, Associate member will now sit in Mr. Lund's place.
COCBICHEWICK REALT~ CORP.
Atty. Ralph Finck was present representing Harry Thomas, ~ was also present.
Atty. John Willis was present representing Jay Shields, who w~s also present.
Atty. Willis explained to the Board that they find themselves in a peculiar position.
His client Shields purchased an interest in a parcel of land located on Boxford S+~reet
of approx. 76 acres. ~]~ He purchased it from Ge~-~y Kent. Kent had
been conducting a gravel pit for many years. Shields has been hauling out material on
the assumption that it was a non-conforming use. Mr. Shields has done a little more
haul~8 and selling of material tb~ Eent did.
55
May 11, 1964 - Cont.
Atty. Willis continued as follows:
Atty. Finck, representing Harry Thomas, says there is a violation. The Buil~tn8 Inspector
told Mr. Shields to stop operation and he has. It is m~ contention that it is a non-
confor~ use. We have mat with Town Counsel and feel we are operating a non-conforming
use and there is no necessity of coming before the Board of Appeals. It isn't that we
don't want to come before the Board. We are w~l~g to voluntarily assume any responsibility
necessary to operate a gravel pit. It is not going to be an expensive operation, it would
pro~ably consist of ~,~11 loads.
Mr. O'Leary asked why the Building Inspector vasn't present.
Atty. Finck explained that the Bldg. Insp. sent a letter for them to cease operation.
He had a discussion with the Bldg. Insp. and Town 0ounsel based on the provisions of the
By-Laws. He felt that this operation would _~s_:ve to be approved by the Board of Appeals
under Section 5. Town Counsel felt it was a violation. If there had been a use, it
was done on and off - with more than 30 days in between. They have t~lked with Mr.
Willis and Mr. Shields. Mr. Thomas wants this brought before the Board so tb~t it
be enforced properly.
Mr. Chepulis said that the Conservation Commission also t~lked of this partioular
problem. This is not to deny anyone the use of the land, it is to control it.
Mr. Willis said he thinks they can put it under voluntary control without havt_~ a
hearing on it.
Mr. O'Lsery asked what the Torn Counsel thought of it.
Mr. Willis said they are ~'~lir, fl to as~__~e_ any obligations that are necessary. This is
not a big operation. ~hat I have seen of your requiremants in the past would not go for
for this operation because it is not a large operation. We couldn't show a topographical
map because it is only a m~or operation . Ha would like to keep the requiremants to a
min,,am and al~o with respect to the Bond.
Mr. Morton asked how they proposed to come before this Board; what is their basis for us
giving them a permit. Mr. B~mke also asked what he wanted.
Atty. Finck said he ~ants the area controlled so that anything that goes on is under
control. They agreed to fill in at the front and hadn't done it. ~hen he started
operation again this year we though that the same thing was going to happen again.
Atty. Willis said they would be willing to come before the Board of Appeals and submit
a proposed operation of this pit which would satisfy Thomas.
Mr. Morton said unless you have an application for a hear~_~g before us, I don't see
how we can do anything.
Atty. W~lia said Town Counsel cl~a that it is not a nc~-conform~ use - that doaen't
make h~m rightl He says they would make a formal application and asked what _~_~_gineer-
iug requirements there would he. He doesn't think Atty. Finck would object to a
perifory map. They are wll~n~ to place themselves voluntarily, if they knew what was
required of them. He suggests only a no-~-~ bond requiremant such as $1,000.
Mr. D~wa~ond asked if they oan replace the loam.
Mr. O'Leary again questioned why the Bldg. Insp. wasn't present because he has alot to
say about this matter.
May 11, 1964 - Cont.
Atty. Willis said he had been away all waek and couldn't get together in time.
Mr. Nort~n said he would like to seeit resolved.
Mr. D~m~d said he wants some time to think it over after some of the cem~lai~ts
that he has heard. Thomas also objects to the J~nk auto's.
Atty. Finek said they are in the process of getting those out of there. That would be
more of a job for the Bldg. !nsp.
The Board wtll again meet with Atty. W~lis & client and Atty. Finck ~d client and also
contact the Bldg. Insp. to meet with them at the same time. This meeting will take place
next Monday at 7:30 P.M.
SU~$~ .N~TIN~: re~mlar
The Board voted to hold~metings during the mo~ths ~f July and August, as usual.
to this effect wLll be published in the newspaper.
A notice
A letter will be sent to Joha Lyons thanking h~m for his services to the Board, etc.
The Board members signed a bill for Anna Donahue - services -for the month of April -
The meeting adjourned at 9:00 P.M.
Clerk