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HomeMy WebLinkAbout1949-01-31January 27, 1949 The meeting was called to order by the Chairman at 8:45 P.M. in the Town Building. Members present: Chairman, John F. Alter, Secretary, Gregory Mooradkanian, Irving C. Howes, Henry E. Luhd~and J~mes T. Poor. This was a Public Hearing duly advertised on the application for variance, presented by Irving C. Howes onthe behalf of the North Andover Housing Authority. A lengZhy discussion was held on this application, and due to the fact that having presented the application and also being a member of the Board of Appeals, Mr. Howes disqualified himself as being able to vote on his own application. Since the alternate member of the Board was not pl~sent and could not be reached, this left the Board without a quortun, so that a motion was made and seconded and it was VOTED to adjourn the meeting until January 31, 1949, when the alternate member could be present and vote in the place of Mr. Howes on this application. Meeting was adjourned at 9:30 P.M. ~--~Be~e~ary , ~/ / Clerk[ January 31, 1949 The meeting was called to order by the Chairman at 8:30 P.M. in the Town Building. Members present: John F. Alter, Gregory Mooradkanian, Henry E. Lurid, irving C. Howes, James T. poor and alternate member James Regan. Mr. David Malcolm of 5 Clarendon Street, North andover, was beYore the Board. Mr. Malcolm stated to the Board that he was interested in the Mason Downing property, located on Elm Street, and which is to be sold. He was interested in making this into a Funeral Home and wished to be advised as to t he procedure which must be followed in order to do so. He was advised that the Board of Appeals would have no Jurisdiction in this matter, as this was a problem for the Planning Board, since he wished to establish a business in a RestrictedHesidential District. The application of Irving C. Howes, in behalf of the North Andover Housing Authority, requesting a variance from the Zoning By-Laws, to allow the erection of multiple dwellings, on a parcel of land owned by the Village Land Company, and located in the westerly half of the block bounded by Gilbert Street, Francis Street, Baldwin Street and P~triotStreet. The application was read as was. the ad- vertisement of the Public Hearing. Mr. Francis Kittredge and Nr. Edward Garvey were present and spoke in favor of the Board granting this variance. plans were submitted to the Board and Mr. Kittredge explained what type of dwelling they intended to erect. He explained that each unit has its own separate front and back entrance, separate cellar and that space had been provided for the outdoor parking of from 20 to 24 cars. there will also be playing yards and drying yards for each unit. He explained that there was sewer facilities already in place on one street and that an article had been put into the warrant for the Annual Town Meeting to take care of the remainder of the necessary sewers. One of the streets in- volved will not require any sewers on it as it will be reserved for the parking space and for all utilities entrance, such as garbage and ash trucks etc. These will be attractive units, six in all, with three in a group and with a court yard in the front of each group, where there will be shrubbery and walks leading up to each unit. ~hen asked if this ~ract of land which is to be used was ori- ginally all one lot, Mr. Kittredge replied that it was not, but had been originally divided into a number of smaller lots and that these were put all together to fo~m one parcel which was to be purchased from the Village Eand Company, for the use of the Housing Authority. Mr. Mooradkanlan read excerpts from the General Laws, Chapter 40. section 27 and also article 12 of the Zoning By-~aws of North Andover. Mr. Mo~radkanian stated that in his opinion and his interpretation of Chapter ~67 of the General Laws, the Board of Appeals had no jurisdiction in this matter because actually this would be changing or amending the Zoning By-Laws of the Town, by erecting multiple dwellings in a General Residential District and according the the By-Laws, this was permissable only in Business Districts. It was his opinion t~hat this matter should be referred to the Planning Board and that an application be made to t he PlanningBoard in order to change ~he classification of this parcel o~ land from a General Residential to a Business District. Mr. Howmsstated that some of the abutters to this property had been contacted and they objected to having this tract of land put into a business District. Mr. Garvey that in his opinion the Board of Appeals had taken ad- vantage of the Emergency Housing Act in the past and that ~u his opinion this situation was in the same category as granting a vari- ance to alter a dwelling so ms to allow a dutch flat on the t,h~d floor of a two story building or the converting of a single dwelling into two apartments. He was advised that in those cases the buildings were already existing. Further discussion was held and a motion was made and seconded that the Attorney General's Office would be contacted and further informat requested as to the interpretation of the Emergency Housing &ct~ that inquiry would be made as to the power of the Board of Appeals in a case of this kind and that the meeting would be adjourned until this info~ma.tion could be secured. ~lhen all information was available, another meeting would be calle8 by the chai~man of the Board and a vote would be taken on this application. Meeting was adjourned at lO:18 P.M.