HomeMy WebLinkAbout1950-05-19May 1~, 1950
Meeting called to order by the Chairman at 7:15 P.M.
Members present~ John F. Alter, Chairman, Gregory Mooradkanian,
Secretary, Henry E. Lund, James T. Poor and associate member Santo
DiMauro.
This meeting was held at the call of the Chairman. Ail members present
went in a body to view the premises at 30 Church Street for which an
application had been been made to t he Board reuqesting a variance from
the requirements of the Zoning By-Laws, to allc~ Alfred H. McKee to main-.
Sain and operate a Funeral Home at that address.
The members of the Board returned to the Town Building at 8:10 P.M. after
having viewed the premises~-and a lenghthy discussion was held relative
to the application requesting a variance on the above mentioned property.
The'board members were unanimous in their statements that they did not
object to a funeral home being located at tais site but all expressed the
opinion that a serious traffic problem would be created because of the
narrowness of the street. QUESTION WAS 1HEN RAI$~ AS TO WHETMER OR NOT
the Board of Appeals had the authority to grant such a variance because in
effect it was an amendment to the Zoning By-Laws and this was. outside of
this board's jurisdiction. ~fter closely studying the Zoning By-Laws and
the exemptions regarding non-conforming uses, the members of the board
came to a decision that the granting of this variance would be l~ e~fect
an amendment to the zon~..g by-laws.
Motion Was made and seconded and it was unanimously VOTED that the application
of Alfred H. McKee for a variance of- the zoning by-laws be denied on the
ground that the Board of Appeals did not have the power or Jurisdiction in
this matter. The Board fur~er deemed that the granting of a permit in this
ease would be in effect an amendment $O the zo~_iiqg by-laws, which right is
sPefically prohibited to the Board of Appeals under said by-laws. (See
Article VI, section 1, paragraph (d). A granting of this petition .by the
Board would therefore be an unwarranted enlargement of the pc~ers allowed it
Under the Zoning By-Laws of North Andover, but even if the Board deemed
t~t had the power to grant suc~ a permit, it might nevertheless be reluctant to
grant such a permit in this case, because of the undoubted hazards of traffic
which it wou/d be likely to create, although the Board realizes that the need
for a I%meral home exists.
Applicationsfor renewal of continued non-conforming uses were received from
F~ed Azi~.&James yelverton and bo$~were granted unanimously for another year.
An application wes received from Robert P. Miller requesting approval of
plans for a sub-division of property on Saunders Street. June 12, 1950 was
the date set for the Public Hearing on this application.