HomeMy WebLinkAbout1964-12-14Monday - December 14, 1964
Regular Meeting & Hearings
The BOARD OF APPEALS held their regular meeting on Monday evening, December 14,
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 E. Lund, Arthur Drummond
and John J. Shields.
1. HERRING: Antoine Roberge, 7:30 P.M.
Mr. Morton read the legal notice in the appeal of Antoine Roberge who requested a
variation of Sec. 6, Para. 6.3 of the Zoning By-Law so as to permit the subdivision
of a parcel of land into three lots on the premises, located at the south side of
Greene Street; 150 feet distant from the corner of Linden Avenue and kno~ as #254
Greene Street.
Atty. John J. Willis represented Mr. Roberge, who was also present. Atty. Wtl]is
ex?lained that lots A & B on the plan ~ere e~b~divided into 5,000 sq. ft. lots on
the old plan. The ~,ilding on lot C is the old Greene farm. Mr. Roberge has owned
the property for a considerable period of time. The house was built lon$ before the
Zoning By-laws. The side line to lot A did not give sufficient clearance to comply
with the present zoning laws. This is a Village-Residence district which requires
100 ft. frontage, 12,500 sq. ft. Most of the lots in the area are smaller lots and
were developed some years ago by Mr. Derosier. Most of the houses on Linden Ave.
and across the Fstreet were budtt up prior to the present By-laws. Lot ~ has
11,169 sq. ft. It would impose a greater burden if they w~re required to combine
two lots making it larger than'others in the area. Lot C ~wtll remain as is. Great
Oak Ave. is an accepted street as far as Green Hill Ave. Lot A has sewer and water
on the street. He is merely asking for a variance on the frontage on lot A and a
variance on area. Lot B needs a variance for area. There have been many petitions
before the Board where lot areas have been allowed to'sub-divided into lO,CO0 sq. ft.
lots. Town Counsel has ruled that if you have a 10,000 sq. ft. lot a building permit
could be allowed.
Mr. Corradino, an abutter, just wanted to see the plans and had no objections. Another
abutter looked at the plans, but hsd no objections. Mr. Roberge said the barn that is
on lot B is goihg to be taken down.
Mr. Lurid brought in the Assessorls map to show that the lots in that area were
originally 50 x !00 lots.
Mr. Lurid made a motion to take the petition under advisement. Mr. Shields seconded
the moti°n and the vote was una~Eous.
2. HE/RING: Anthony Marino, 7:45 P.M.
Nr. Norton read the legal notice in the appeal ~f Anth~mY N ar ins wh~ requested a
variatioz of ~ec. $, Para. 6.3 of the Zoning ~y-Law so as te permit two l~ts om the
premises, located at the north & south side of w_~___rwood & Gi~ Street; 100 feet
distant frma the corner of Nablin Ave. & Xne~a as Lot #90, Narwood Street & Lot
#~4, Glenwood Street. :
Atty. John ~. Willis represented the petitioner. Ne ~ that Mr. Narimo has an
agreemeat to Bu~ and sell the lets involved. Mr. N~rtoa pointed out that there~as
not an Engineer's seal oa the plans. Mr. Willis said it w~n~t necessar7 unless
they are ,going to Be recorded. There's nothing ~ the statute that requires it.
There is a plan new on record that shows tM two lots. It would cmly make acklitio~
expense to the petitioner.
94
~eoe~ber 1~, 1964 - COnic
~r. Shields questicmed the size of the lot not being shown ~ the p]~ns. Ne said the
Board wants a legible, readable plot plan.
Mr. ~4s said the lots in question are 84 & 90~, we're not concerned about the other
lots. Ne will provide the Board with Land S~A=veyor' s plans if neeesser~, but he
wishes to proceed with what he has to say.
Atty. Fiack asked the Board if it was all right to present any type of plans and be
sloppy like they are in Nethaen and other places. The Beard said no it can't Be
done~ they have cert-~ requir~_~_~ts and they mast he abided by.
Atty. Willis continued and pointed out that most lots in that area are 5OxlOO. These
particular lots are back to back and face on different streets - Glenwoed & ~ar~ood
Streets. If these two lots were combined, all a person could do is build a here
facing on either street and have a bask yard that ~ould deteriorate. Ne can see oce~
bining lots when they are side by side. Ne thinks the purpose of the Zoning Law
was to provide for uniformity of lots. This is tbs kind of a situatic~ that a
variance s~bould Be granted for. The land belongs to the heirs and has not bee~ sold
yet. No other land in the area is involved.
There were ten people present for this hearing. Mr. ~uardi asked if the land had
already been sold and Mr. Willis said no. Mr. ~rcli said that therets a building on
it now. Mr. Marino h~mself then explained. Ne Bought the land as two lots. ~e
started the Job but it hasn't been completed. Be hasnlt got title yet. The ~,,~lding
pe~-.~:t was given on the basis of 10,000 sq. ft. lot. Ne ~,,41t another foundation.
Atty. ~Lllis said they were here primarily to make 2 lotto. If the Board grants it,
itts all right; if not, Marino~s going to have to bury the fouadatioa.
Mr. O'Leary asked Mr. Mar~wo whet set of plans he showed the ~t~diug Inspector.
Mr. ~arino said he showed two lots. Atty. W~is said Mr. ~arino thought he was
negotiating for two lots. ~e pointed out that the o~ners of the land were tenants
as a whole. The ~X~ilding Inspector probably gave hi~ a permit for a 10,000 ft. lot.
Mr. Lieciardello, Angelo DePietro, Mr. ~Anardi, were all opposed.
Mr. Shields made a motion to take the petition ~er advisement.
aeeouded the motian and the vote was un~.
3. SALVATO~ & FRAMES FICHERA and JOSEPH & ALFIA TOMASELL~ - 8:~ P.~
~. ~ ~ t~ le~ notice ~ t~ a~ ef FieSta & T~I~ ~ re~s~
a ~ation of ~c. 6, P~. 6.31
com~ti~ of t~e e~sti~ 5~ lots ~to t~ 75~ Iota on t~ ~s
l~ated at t~ s~th side of
Atty. CBoe?les W. Trembly represented the petitioner. Ne presented the plans and
explained the petitionerls desire to combine three 5OxlO0 lots to ~ake two ?SxlO0
lots in order that the petitioner could build two h~aem, one for his s~ and
for his daughter.
There ~as no oppositica to the petition. Mr. Lu~ ---de a ~otie~ to take the petition
uader ~advisement. Mr. Mort~ seconded the motion and the vote was unan~.
Dece~er 14, 1954 - Cont.
Ex~mtive Se~siea:
~r. l¢~rtoa said he think~ ~e should decide what we~e. ~ to de about the requirements
of plans.
Mr. Shields said this is situation Where a b~]der ce~es agleng and says hats mt going
to spend any ~oney ~til he knows what he is going to de.
Mr. O'Leary ~aid we should st~ll ge along with our requirement~ as we have beck.
clerk notified hi~ t_be plans were inadequate aud he had plent~ ef tine to presmt
proper plans. Be definit~ly ~]] not siga any plans that dentt meet the requirements.
Mr. Shields suggested that meybe the Beard should not continue the hearings ~ntil
proper plans are presented.
Mr. O'Leary said he would like 'to have it aiarifie~ as to where the Buil~tng Zaspeetor
is involved.
Mr. O'Leary said y~u give this fellow an.inch and helll take a yard. Be would liM~
to hear fr~a the Buiid~ug Iwspector on this.
Shields ~ai8 they probably thought each let was uader a different ~mer and the~ .
upon seareht~_- found it was ~ader comac~ e~nerwhip. Be doeentt t~-~ the ~eard has
legal right to sub-divide that property~ .
Mr. O~Leary said he is afraid that it will he a repetition of the ease with his father.
The ~emhers then discussed the ease of Mr. Marino, Sr..~lding on Beverly Street with-
cut permits and the trouble the To~n Conmsel & Selectmen had with ~
Mr. Shields said we should enforce it regar~ plan requir~aents. We we~t hear
petition unless tM proper plans are presented. We can de~y presentation an6 contin~
when proper plans are presented and have certifie~ civil engineer er land
stamps, etc. The vote was unaz~i~oua. A nor. ice to this effect ~] be put in
newspaper.
1. Antoine Roherge:
Mr. Shields ~ade a metieate GP~_~T the variance.
the vote ~as .uaanimons.
Mr. Dr~mo~d seconded the ~otion an~
In considering the petition, the ~oard reviewed the ~ and feud6 that proposed lot ~
conformed with the intent and purpose of the provisions of Para. $.62.
In comsidering the prcpo~ed lot A, the BolL~ f~de that 90 f~. frontage is inconsistent
with the permission of the provisions of See. 6.62 but fX~m a practical, economic and
land planning approach, it ~as considered that lot A as presents6 offers ~he best
engineering approach te good land planning coupled with the w~intenance of aide 1~%
line requirements ea lot O.
That there ere ~any lots in the general area of approximately the same size, of less
size, and that it would not be untypical of mn~y lots in the general neighborhood.
96
Deco, er 14, 19~ - COW%o
l~ere the requested variance to be granted and a conformi~ d~l~4n~ to Be ocels~ructod
upon the parcel, lot A, no observable zoning no~-confox~ity would appear te a~y pas~er-
by n~r to the adjacent land
That a denial of this petition would in effect be an --~easonable end use of tha
petitionerI S la~d and consequently cause a Bardship.
2. Anthony Marine:
Mr. Lvad ~ade a ~otiem to cont4-ue the hearing ~til proper plans are presented. :
Mr. D~.~ad seconded the m~tioa. The vote ~s ~-~ Mr. Shields vote~ no. Thay
diacusse~ further whether: they had +~be legal right to dc anything. Mr. ~vad ~ade a
mtica te ~thdraw his ratios. Mr. Dx,~...-~nd aeno~ded the ~otioa and the vote ~as
Mr. Skields the~ ~ade a m~tiea to ~ the v~rian~e. Mr. Drmmo~d seeeaded the moti~
and the vote was unanimous.
a. The land in question, lot 90, is Jointly and cc~a~n~y owned by persons ether than the
petitioner, with lot 84.
The total land oe~only owned is 10,000 sq. ft. with 50 ft. frontage on ~ar~ood Street
~0 rs. frontage on Glenwood Street.
o. The land has bean in ce~aon ownership since the adoption of the Zon~,g By-Lau.
d. Un~_~r the previsions of See. 6, Para. ~,3 and the reference Sec. ~.6, the Board
finds no authority for sub-dividing a parcel of land which confox~s with the permissive
of lots in the Village residence districts as defined in Sec. 6.2 of the Zo-4n~ By-Law.
In senasetion with this petition, the Board contacted the Building I~spector, Charles
Foster, who recites that Anthony J. Marino did apply under date cf OctoBer 25, 19~ for
a permit to erect a d~elling on let ~90, ~ar~oed Street~ that he did present himself
aa the owner of said let~ that he did warrant to the Building I~spector that this was
the only contingent land which he owned and under the provisions ef the General Laws,
the Building Iaspeotor issued the permit.
It now appears to the Beard that the petitioner did not o~n the land and tb_-_t ~n the
evening of December 14, through his attorney, it was stipulated that he had at that
time, ~ot taken title to the land and that the installation of a foundatioa on lot ~
Bouaded by Glenweed Street, is without a permit and appears to Be a flagrant violatio~
of the regulations eontrolling the building in the town ~f North Andovor.
The Boar~ finds that they are without legal grounds in which to grant a variance
covering lot 90, &~rweod Street, since it is currently in cc~saon owndrship with lot
8~ and an abutting 5~0OO sq. ft. lot; the total of which two Iota when combined, more
fully conforms with the provisions as contained in See. 6.62 of the Zoning By-Laws.
3. Fiohera & Tomaselli~
Mr. ~rtoa ~ade a motion to GRANT the variance.
vote was
Mr. Luad seeonded the motion and the
The Beard feels that the presentation of Atty. ~ro~bly was wa~l takon and that the
petitioner, subject to the approval of the Board, could sub-divide the three Iota
into one of 10,000 sq. ft. leaving an isolated lot of 5,000 sq. ft. That if this
procedure was followed, which is permissive under Para. 6.62 of the Zo~-~ By-Law,
97
Cont.
that it would be the least desired sub-division off the 15~000 ft. parcel and that the
sub-division plan as presented showing two lots, namely lot A and lot B each
?,500 sq. ft. with 75 ft. frontage, it would reflect the highest standard of land
planning, would result in better proportion of each lot propese~ and should give the
greater p~tentiality of up-gra~g the final end use of the three lots of record into
two mew proposed lots.
The Board signed the ffellowing b~ls~
John R. ~aking - supplies
Z~g Bulletin Publishing Co.
Anna D~nahae
The meeting adjourned at 9~00 P.M.
17.67
15.00
62.35