HomeMy WebLinkAbout1966-11-14169
Monday - ~ovemher 1~, 1~
Re~,~-r ~ee~ & Hearin~m
The Board of Appeals held their regular meting en Monda~ ewe, ]Io~ 1~,
1966 at 7:30 P.M. in the To~n Office Building with the follo~ ~berm ~resen%
and voting: John J. Shields, Chairsaaj ~ Denald J. Scot~, D~-~el T. 0'Leafy,
Arthur D.ummoad and Associate M~ber Howerd Gilma who sat in place of J~e Deyo
who could not be present dM to ~l-eam in the fa~.
1. ~ARING: Stanley ~ughes.
~r. Scott read the legal notice. There were 2 abutters present, l~r. and Mrs.
Hughes were ~resent. ~r. Hughe~ e~ok~ on his ow~ behalf~ He requested the granting
of the variance to all~ the erection of a one-car garage which would be 23.1 feet
f~ the street front lot line. ~r. Heghem ontlined the fact that the terr~
dropl~d severely at the rear elevatien of the pre~t lot and that if he ~re
~oreed to construct the attached garage wit~ the -~-4m~ frost setback requiremeAte,
it ~uld block light and ventilation ~ his kitchen ~d~w; and that to so erect
the garage as indioatod would create a f~aancial h_~_rdship to h~-:
~r. and Mrs. George Partridge, 129 0otuit ~., ~re oppceed. They abut the ~reperty
and stated that if the a~lication were approved, it would eh~ off a view for the~
~ate~-g their children u~ and do~n Cotuit Street. There wes no other oppositi~a.
~r. OtLeary ~de a tactics to take the petitien under advise~t. Mr. Drmmend
seconded the tactics and the vote ~as
2~, ~d~ING: Walker Realty Trust.
Mr. Scott reed the legal notice. Atty. Edward Lani~ re,reseated the petitiener
who was also present. ~e ou~14~ed to the Board that Walker Healty T~ust had, through
acquisition, bec~e tJae o~ner of the subject ~rcel. And t.bat wh~le they were in
~ossAmsion of a ~ermit to build ten rental ,,4 ts on said ~reel, they were ~
senting a new design and a new site ~ which, in his opinion, enhanced the f~nal
appearance of the end ~aet. In changing the design, it would esseatially ~reseat
a ~Ach more desirable looking Building, facing ~*~ Street, with vehicular access
via a circular drive~y flx~n the street line to the rear of the pre~erty and thence
returning to the street line on the opposite end of the dw~. And that in additi~
the ~rking of automobiles could be contai~A im tha rear of the b~,8 without
beco~-~ ~sightly to the average ~a~ser-~. He further indicated that the ~eti-
tier was eligible for a ~ermit for ten units under the afore~antiened ~etition and-
decision of OctoBer 11, 1 .~65. A Special PermAt for 10 apar~_,~_ t n,~te wes granted
to the North Essex Realty Trust ~n tM ~ cite on that date. ~ attracti~
rendering tn color was sho~n to the Board and the ~etitioner said a relrA~tu~%io~ Of
the ~ would be furnished to the Board and ~ade ~rt of the f~les en this particular
~. D~oad made a ~tion to take the petition under advis~nt. Hr. O'Leary
meeended the motien and the vote was ~.
Atty. John Willis them appeared at the ~eting and wished to be recorded as in favor
of the special ~er~it for the apart~nt units.
The Board then west into Executive ~essien,:
170
~. ~ughes~ The Board discussed the pe%it~om' ~. Scott made a ~otica to table the
peri%ion until the next ~gular ~ee~ in order that the mem~er~ay view the
2, ~alker Realty Trust~
The Board di~ussed the pet.ttic~, and :looked at the arohit~o%msal ple~m, l,t~. OtLeary
made a ~otio~ to ~l~nt the spoonful per~tt for the construction of aa apartment
budding contsini~ ten un,ts as shown on the site ~ and the arehitee%ural l~aas
su~t%+~d with ]~w~+~tions and e~nditicas. The mtic~ ms seconded by Mr. Scott a~d
The follcwiag ~4u~taticas sad conditions are ~ade part of the approval~
a. That all require~en%s of the Board of Public Works, the Highway Departa~%, ~he
Police Department ,m& the Board of Health shall Be met By the applicant hefore
occupancy ~ay be granted by the enforeemen% officar.
b. That the per~it is issued to the applicant a~d shall not be transferrable or
assigned.
c. That the mm~er of units shall Be ]*n~ted to ten in accorda~e with the plea~-~
for this permit.
d. That this per, it isgranted with the~provisic~s that the project and oc~strueti~
shall oo~aenee not later than six months from the date of this approval a~d that
failure of this conditioa shall cause automatic rescinding of this permit ~nles~ the
Board of Appeals ~ay ccasider aa extension of this t<w~_ factor.
e. That the architectural design and layout shall be adhered to without deviatica
in ae~rdance with the plans submitted and made part of the per~e-ent reoords of
this per, i%. ,
f. That all m~-tenance of roads and utilities so constructed sh,,ll remai~ the
responsibility of the applicant.
g. The% a copy (repreductic~) of the rendering of subject structure shall be ~
~ittod to the Zoaing Board of Appeals to he incorporated in the exhibits to which
this permit is c~nditioned.
h. That a~ proposed fencing, perjurer or otherwise, shall be referred to the
Zoning Board of Appeals for their consideration and approval.
The principal reasons for granting this permit iacl~de all the factors of the
original granting as contained in the decision dated October 11, 1~, together
with the fact that the actual, amemded plans will, in the unanimous op:h~.tol of the
Board, be more desirable, both frc~ an architectural and an aesthetic value, to the
immediate neighborboed, the To~n of North A-~over.
~ RU~ES AND REGULATI~NSI
The Board again reviewed and discussed the new Rules amd Regulations. ~r. Shields
said that Town Counsel has sees the~ a~d approves of the~hig . He also suggested
submitting a copy to the Select~e~ for their co~men~
Nove~her 14, 1966 - Coat.
171
Once they are adopted they should be rooorded with the Registry and the Toga Clerk.
Mr. O'Leary ~e a tactics to adopt the proposed Rules and Regulations subJeet to
tM C~ sul~tting for say informatio~ sad guidance that the Seleet~wn my
dee~ necessary to transmit back to the chair. Mr. Dr~d seooaded the ~otioa
and the vote was vaani~ous.
PLANNING BOARD= Re - Cats_ldo Apartment Development.
Mr. Shields said that he received a eall fr~a Mr. Chepulis with respect to
the Cataldo petition. He was e~aeerned that the Board of Appeals had not referred
it to the P~a--~ng Board for their rooommendations, et~. ~r. Shields explained
that it had been overlooked in this case but told ~r. Chel~,l~s that no Planning
Board member ever attends a~ of the Board of Appeals meetings to expresa
Mr. Shields told the Board members that he sent a letter to the B~ldiug
Inspector requesting .that he not issue tuy permit to Cataldo instil he reeeive~
some vord from the ~ Board.
The Board signed the necessary hills.
Mr. ~oot~t read a letter from the Personnel Board notit~ the Board of Appea~,
that the Clerk's aew hourly pay rate would be $2.57 per hour, effeetive i~aediately.
The meeting adjourned at 9*.30 P.~