HomeMy WebLinkAbout1968-01-15220
Monday - January 15, 1968
Regular Meeting & Hearing
The BOARD OF APPEALS held their regular meeting on Monday evening, January 15,
1968 at 7:30 P.M. in the Town Office Building Meeting Room...The following members
were present and voting: J~es A. Deyo, Chairing_B_; Arthur D~,mmond, Secretary;
Donald J. Scott, John J. Shields and Associate Member Robert J. Burke who sat in
place on Daniel T. O~Leary who was unable to attend.
· There were about 30 people present for the hearing of the evening.
1. WALKER REALTY TRUST and ANGEL0 CATALDO
Mr. Dx,,m~ond read the legal notice in the appeal of WALKER REALTY TRUST and
ANGELO CATALD0 requesting a special permit under Sec. 4.7 of the Zoning By-Law
so as to permit twelve buildings for apartments, containing a total of 136 units
on the premises, located at the west side of Turnpike Street; approx. 200 feet
distant from the corner of Peters Street.
Atty. John J. Willis represented Walker Realty Trust. John Walker was also present.
He explained that Angelo Cataldo owns the land involved and that Walker has an option
to buy if the special permit is granted. He said that all sections of 4.7 have been
met and complied with in order to get the special permit. Sewerage is available on
Salem Turnpike. He said sewerage would be provided by bringing it along Waverly
Road from the intersection of Turnpike Street and Waverly Road. They have met all
requirements of Section 4.7 as to height, set-backs, area, etc.
The bui~dtng will contain 24 - 3-bedroom, 36 - 1-bedroom and 76 - 2-bedroom ~mits.
A sw4mm~ug pool will be built on the premises.
He explained how Mr. Walker presently has 78 apartments in town and that there is
a need for apartments in North Andover. He said the apartments are not causing a
burden to the school system. Mr. Walker is presently paying in excess of $12,000
in taxes to the town and will be paying even more when his apartments that are
presently under construction are finished.
He said since the petitioner complies in every way and sewerage is available, the
Board has only to find whether or not the development is detrfm~ntal to the
neighborhood. He does not see how this developme_nt could be detrimental since the
Board had approved an earlier apartment development for Angelo Cataldo. He said
Eagle-Tribune is directly across the street which has chan~ed the area to Industrial.
There is "The Den" restaurant at'the corner. Thompsonts Restaurant and the Furniture
Barn are further up Turnpike Street. There is a dormitory for Merrtw~ck College
nearby. The apartment development granted about a year ago was not detrimental to
the neighborhood and he does not see how it could be now. The layout of the
apartments is aesthetic for the area involved.
John Walker WaS recorded as being in favor of the development.
Atty. Donald F. Smith spoke in opposition representing Mr. and Mrs. Dennis Oonnelly,
Turnpike Street, immediate abutters. He pointed out that the area ia now different
than what was granted for the apartment development a year ago. At that time it
was 11.07 acres and the present plot plan shows 12 acres. Mr. Walker explained that
the 12 acres is in error, that it should be 11.07 acres. Atty. Smith questioned
that there was sufficient area for the 136 units, which would require 3500 sq. ft.
per unit since all of the available land was ~t being utilized. Some of the land
is vacant bringing the area down to 8 acres ~f land being used.
January 15, 1968 - cont.
The permit that had been granted to Cataldo was for only 20 units and there was not
much opposition to the original apartments. Now they are asking for 136 units. This
area is being overloaded. Atty. Smith brought out about the school system not being
able to accomed$~ te the school children now and that the apartments will create~ even
more of a problem.
He brought out about the town being able to reasonably provide all of the utilities
since now it would mean providing for 136 ~n~ts instead of the original 20 units.
This development would also mean additional traffic onto Turnpike Street and
Waverly Road.
The valuation of the homes in the area would be reduced. This overcrowding is
contrary to the intent and purpose of the Zoning By-Law. Legally, this special
permit cannot be granted since there is not sufficient area to sustain it. The
Board should consider the traffic problems, overcrowding of schools and de-valuation
of properties. This petition should not be granted.
Others speaking in opposition were:
Anthony Lennon, Turnpike Street. He brought out the same points as Atty. Smith and
was very much opposed to the apartment development. He said North Andover is being
turned into an apartment town.
Norman Lentz, 63 Bradford St. - detrimental to the neighborhood, etc.
William Kilcoyne, Turnpike St. - said the Turnpike is already a dangerous street
and this development would increase the hazards.
Ntty. and Mrs. Michael Clifford, 57 Turnpike St. - gave the same reasons as the
others and said it would be detrimental.
Mrs. Richsrd Baldwin - said she does not live in the area involved but feels that
it w~_ld add to the school problem.
Mr. and Mrs. Dennis Connelly spoke in opposition giving the same reasons as others
and also the school problem. ,
Member Shields explained to those present that the Board had inquired of the
Supt. of Schools as to the n, rmber of children in the schools from the apartment
developments and the answer received showed a very Iow n,,mber actually from the
apartments.
Mr. Long, Turnpike St. - opposed - devaluation of property, etc.
Helen Driscoll, Turnpike Street - very strongly opposed.
Mr. Kennedy, Turnpike Street - opposed - devaluation of property. Doesnlt tbt~k
things are being done properly. Spoke about things coming into town through the
"back door" etc.
Atty. Willis spoke objecting to the remarks being m-de about manipulating and "back
door" approach, etc. He expl-~ed how the town operates under the Zoning By-Laws,
public hearings are held, etc. and everyone is protected.
222
January 15, 1968 - Cont.
Mr. Shields also commented about the remarks as to "back door" approach etc.
saying that the Board acts ~ith diligence and prudent j~gment and that it has
acted very well and there are no back door procedures with this Board.
Mr. Deyo explained how there are public hearings held at all times. He asked
Atty. Wi~is if it would be a private drive~ ?
Mr. Walker
~ said it would remain private. The petitioner will pay for all sewer
costs and whatever the Board of Public Works requires.
Mr. Shields made a motion to take the petition under advisement. Mr. DrUmmond
seconded the motion and the v~te was unanimous.
M. & S. BLDG. CONST. CO. APARTMENTS:
Mr. Shields disqualified himself from sitti~ on the Board and presented a
letter to each member of the Board ~ith respect to the special permit that had
been granted to M. & S. Bldg. & Const. Co. for an apartment house. The letter
explained that test borings had been made and it was found that t~ere were 7 feet
of river silt loam~ This would mean A change in the construction plans because
of the ground conditions and an additional cost of approx. ~25,000 to $30,000 to
the petitioner. It would mean constructing a full basement making the structure
3 stories instead of 2~. However, this would be below street grade only 1/2 story.
The height of the structure from street grade will still remain 2~ stories above the
street grade. He had conferred with the Bldg. Inspector who concurred with the
requested changes.
He explained that there is hardship involved and that he has a~_ready gone to great
expense and has demolished two structures.
Mr. Drummond made a motion to grant the changes with the stipulation that the basement
cannot be used for living purposes.
Mr. Burke seconded the motion and the vote was ,~-nfmous. ,~
The Board will possibly call a special meeting in order to vote on the hearing that
Ms held this evening.
The meeting adjourned at 9:30 P.M.
JAD