HomeMy WebLinkAbout1964-10-13Tuesday - October 13, 1964.
Regular Meeting & Hearings
The BOARD OF APPEALS held their regular meeting on Tuesday evening, October 13~
1964 due to Columbus Day holiday falling on the Monday. The following members were
present and voting: Daniel T. O~Leary, Chairman; Willism Morton, Secretary; Arthur
Drummond, Henry E. Lurid and John J. Shields.
1. HEARING: Joseph D. McDonald, 7:30 PiM.
Mr. Morton read the legal notice in the appeal of Joseph D. McDonald who requested a
variation of Sec. 6, Para. 6.32 and 6.61 of the Zoning By-Law so as to permit a
dwelling on the premises, located at the north side of Adams Ave. 270 feet distant
from the corner of Unity Ave. and known as #120 Adams Avenue, North Andover.
Mr. McDonald spoke on his own behalf. He explained that the size of the house would
be 24'x28t, leaving 8~ feet from each side line. He acquired ownership of the prop-
erty 3 weeks ago from Mr. Gaudette. There were 12 people present for this hearing.
Mr. Hervey Bilodeau, 71 Adams Ave. was opposed and presented petitions of other
abutters, ho~owners and landowners who were also opposed. Mr. Bilodeau is an abutter
on both sides of this lot. The lot his house is on is 135'x100~. This proposed house
would devaluate the property in the area. Others in the neighborhood have complied
with zoning regulations. Most people in area have over 100 feet frontage.
Mr. McDonald said he could still build a house only 21~ wide and comply with zoning
regulations. The size of his lot is 45' x 100'.
Mr. Bilodeau said there is land available on the other side. Most people are building
on larger lots. Mr. Shields asked ~. Bilodeau how long he has owned his land. He
an~Mered five years and that he purchased it from different people, some of the lots
from Giard. He did not buy any land from Gaudette.
Mr. McDonald explained that in 1953 Gaudette had the land. He had shown the deed to
the Building Inspector when he applied for a permit, but did not have it with h~m
this evening.
Mr. Shields said there is a question of common ownership, if this has been an isolated
lot for many years. This Board should be informed and records be presented to us so
that we can determine whether it is an isolated lot or was held in common ownership.
Mr. Lund said to Mr. Bilodeau, "I tal~e it you would be willing to sell some of your
land?" Mr. Bilodeau said he hasn't been approached yet but is willing to talk about
it.
Mr. Shields asked Mr. McDonald if Oaudette oMned this land prior to his sell~Lng the
land to him and Mr. McDonald replied yes.
Mr. Shields made a motion to take the petition under advisement. Mr. Drummond
seconded the motion.
~e~a'L-.~i~i~.S~s~dom~_~k%J~'Shi~lds ski(~he would withdraw the motion, which Mr.
Droam~ond seconded.
Mr. Morton made a motion that the hearing be continued at the next meeting and that
evidence be presented that ownership existed before the adoption of zoning. Mr. Lund
seconded the motion and the vote was unanimous.
October 13, 1964 - Cont.
2. HEARING: Dr. John A. Haw~s: 7:45 P.M.
Nm. Morton read the legal notice in the appeal of Dr. John A. Hawes who requested a
variation of Sec. 6, Para. 6.33 of the Zoning By-Law so as to permit the construction
of a single floor dwelling, 2 8~ 3 bedroom type on the premises, located at the west
side of Forest Street, .5 mi. distant from the corner of Boxford Street, North Andover.
Dr. Hawes did not have any plans because when he received a copyof the refusal that
the Building Inspector sent to the Board, he thought it meant his petition would be
denied and therefore did not have any plans drawn up. He had already contacted Mr.
Cyr, the surveyor, to draw up the necessary plans; but upon receiving the letter he
cancelled the plans. It was a misunderstanding on Dr. Haw~et part. He did not
realize that it is standard procedure for the Building Inspector to send a refusal
to the Board. He will go ahead and have the necessary plans drawn up.
Mr. Lurid made a motion to postpone the hearing until next month. ' Mr. Drummond
seconded the motion and the vote was unanimous.
Dr. and Mrs. Hawks were present. There were no abutters present and there was no
opposition.
~. HEARING: North AndoverLandCompany, 8:00 P.M.
Mr. Morton read the legal notice in the appeal of North Andover Land Company, Inc.
who requested a variation of Sec. 6 & 7, Para. 6.41 & 7.3 of the Zoning By-Law so
as to permit a new retail store, on the premises, located at the south side of
Main Street at the corner of Waverly Road and~Ln0wnas 67A Main Street, North Andover.
There were 8 people present for this hearing. RogarWentworth, 25 Saunders Street,
stated that he will be the tenant of the proposed store and that he and Richard
Moriarty of Lawrence (who was also present) planned to conduct a dignified, quiet
type of business, which wo~ld be a real estate, insurance and collection agency.
The building measures lltx36' and will be of cement block construction with a brick
front.
Joseph Noone and Mrs. Todd
were all recorded in favor
Moriarty.
of Waverly Road, and Philip Wentworth of 86 Main Street
of the petition, along with Roger Wentworth and Richard
Fire Chief Daw was present and questioned the need of ~losing up the alley. It is
now only 14 feet wide and only 3 feet would be left if the addition is put on.
Mr. Morton asked if there was anyone present representing the N. A. Land Co. Roger
Wentworth said no one ~as present and that he was surprised. Mr. Lurid said they
could not appear because it would be a conflict of interest since the officers of
the Company are members of the Board of Selectmen (William Finneran & Fred 0akes)
who appoint the members of the Board of Appeals. The other members of the Board
felt that they could have had someone represent them.
Mr. Crane, an abutter, arrived late and asked what was being proposed. He said it
doesn't make any difference to hlm whet goes in there as long as it conforms as to
fire wall, etc.
88
October 13, 1964 - Cont.
Mr. Shields asked if the Fire Chief cotGd give his opinion. Fire Chief Daw sai~' he
can't see closing up the alley as it is. There are 3 feet between Cranets and Coffin
noM. Pi~ can't put a ladder up on the front from the street. There's a fence in the
back.
Mr. Wentworth said that the fence has an opening and asked if the fence were not there
wottld the Fire Chief hsve as great an objection. Chief Daw said they would be able
to get the 35 foot ladder in then, but that the truck could not get in from the rear.
The members of the Board agreed that they had to take into consideration the nearby
buildings if there were added danger from fire and also to consider the lives of the
firemen. Mr. Shields added that it has been the policy of this Board to contact the
departments for their official opinion 'before making a decision.
Mr. Shields made a motion to take the petition under advisement. Mr. Lurid seconded
the motion and the vote was unanimous.
Mr. Shields made a motion to request an official opinion from the Fire Chief and
table making a decision until the next meeting. Mr. Lurid seconded the motion and the
vote was unanimous.
Mr. Shields brought out that the Board had a somewhat similar situation for an
addition and requested the Fire Chief's opinion. The Fire Chief had no objection
and that situation was equal or more severe than this condition. Why does he have
two different opinions? The Board members rechecked the matter of the addition to
Roberts Hardware and discussed the similarity of the two.
The Board signed the following bills:
Ann~ Donahue - services 60.20
Daniel Cahill (50-4¢ postcards) 2.00
The meeting adjourned at 9:00 P.M.
AD
Chairman
Clerk