HomeMy WebLinkAbout1957-04-26 146
· ebruary 11, 1957
Regular mtg.
The meeting was called~ to order at 7:30 p. m. Members present: Ralph Finck~ Chairman~
Alfred Boeglin, Secretary, Nicholas Nicetta, Associate Member Daniel $~leary. Mr.
T~rroux appeared and signed plans and vouchers and left.
A letter was received from Western Electric on the petition~ of D~iel O~Lenio.
The meeting adjovrned at 8:30 p.m.
April 26, 1957
~Public Hearings
The meeting was called to order st 7.~ p. m. by the Chairman in the Town Building.
Members presentt Ralph E. Finck, Chairman, Daniel O~Leary, Henry Lurid, NichOlas
Ntcetta, Kenneth Terroux and Associate Member,Alfred Boeglin.
The following are all Public Hearings~
The ~.plication ~£::,go~ph Sg'C~rr~quemtifig~:a Vari~tiSnunder~Section£h~d311t°
lot-'ar~as andf~6nt lot tin~s !eSs-'%h~.required by the Zoning By-Law on the premises
located at the south side of Francis Street was read by the Chairman.
Mr. Nicetta at this point moved that al3 hearings be post-ponedwith the exception of
the Finnerau application due to not receiving registered mail which should be addressed
to the Plannin~ Board. Mr. Finck ruled that the notides are not in accordance with the
statute, thus the hearings doE~nced.
Attorney Bernardin represented Mr. Cyr, and stated heerroneously listed lot number 5
which-should have been lot number 4 on the plsms submitted. He state& that Mr. Cyr
purchased this land iu 1954, amd increased the lots voluntarily on his own. Attorney
Bernardin expressed that he wishes to petition for all the ~0t$ to remain as they are
in area believing that it would not har~ the neighborhood locality.
~r. Chairman ~uestioned if anyone was in favor of the petition. Mr. Earl Rottler was
reeorAed as being in favor of the petition. ~. Rene P~tl~tier wa$";.Ag~nst the apolication,
Mr. Terroux made a motion, seconded by Lund that the application be taken under ad.vise-
merit. It was unanimously voted.
The application of Cornelius Keating requesting a variance to erect a one story
ranch t~e dwelling on the north side of Herrick Road, 451.09 feet distant from the
corner of ~ddd_lesex ~reet was rea~ by the Chairm~u.
Mr. Keating took the floor and stated he has six thousand square foot frontage. The
area in question is being used for refu~e, and believes a dwelling wottld ~mprove the
the neighb~rh0od.
Mr. Chairman queried if anyone were in favor of this petition. Mr. Wilde replied he
favored the apolication on the basis that a home on the lot in question would be an
asset.
Mr. Edgar Virr, 101 HerrickRoad stated, he would also like to see something on that
lot, but did not want a house that would be out of line with the neighborhood. Mr.
Keating replied it would be a five-room ranch type dwelling with a garage attached
to the house on the front. The estimated cost of the dwelling would be in the vicinity
of $1A,O00. Mr. Virr stated he would have to see a sketch of the dwel?ing before he made'
any ~ecision.
M~. Donald Smith, 36 Chickering Road was against the application. He expressed that
he resides on the lot behind Mr. Keating, and fuEes from refuse and so forth would
hinder him.
Dr.P~bert Smith also of 36 Chickerin? Road stated he did not believe the lot large ·
enough to build a house~upon.
Mrs. Randall, 88 Herrick Road, also an abbuttor stated she would also like to see a
plan of the house.
A previous application was denied tu November of 1955 because the frontage did not
comply with the Zoning By-Laws.
A motion ~as made by Mrj O~leary, seconded by Mr. Lund that the petition be taken~nder
advidement. It was unanimously voted.
The Board adjo~raed to the Fire Barn for the remainder of the Hearings due to the large
attendance.
Next on the agenda was the application of Leon Beauchesne requesting a variance under
Section 6.62 of the Zoning By-Law to subdivide a parcel Sf land to erect a single-
family dwelling on the premiees of Lot #11 Pembrook Road.
Mr. Nicetta disqualified himself on thds'hearing because he ~as an abbuttor. Associate
Member ~lfred Boeglin was designated by the Chairm~n to sit in on the Hearing.
Mr. Beauchesne presented plans to the Board.
Mr. Samael A. Reitano came forwardwtth a copy of the deed, and stated the~wererestrict-
ions. Mr. Chairman resd section 2 and three of the said deed. In one phase of the deed
it read as fol2ows: ~ ga~e which is not attached to or becomes a part of a dwelling
house shall not be btLi~t within 50 feet of the street line. The deed also specified
that the main walls of which are withiu 30 feet of the street liu% eot.
The house in question measures appro~mately24' deep by 34' long.
Mr. O'Learymade a motion, seconded byMr. Lund that the petition be taken under advise-
ment. It was unantmous.
The application of William A.~Finneran requesting a variance of Section 6 of the Zoning
By-Laws was read bythe Chairman. Mr. Finneranwishes to have a pest-office and business
building erected on the premises of 131 Main Street, North Andover.
The petitioner was represented by Judge Arthur Thompson. Judge Thompson stated it
was apDar~nt from the plan submitted what it intended. He Further stated a permit
was granted for the constrUction in question, but because of the change of the Zoning
By-LaMs it became invalid and they seek a variance to comply with the plan~. Agreement
has been attained with the Federal Government which is a time agreement that the building
must be completed by July l, 1957.
Judge Thompson pointed out it would improve the Main Street Business District of the
co~,.~m~uity. A signed petition from the Maiu Street Merchauts Association Was presented
to the chairman with /2 signatures favoring the application.
A letter was received from the Board of Trade also favoring the application.
Sam DiMauro was recorded in favor of the petition.
Mr. John 0sgood~ member of the Planning Board arose and stated he did not take position'
for or against ~he apolication. He stated that the Planniug Board has adopted a Zoning
By-Law, however, it iw well known by the petitioner and his counsel that the fact that
he recieved a permit after the publication of the hearing is of no consequence. He stated
that hardshio if not permissable for a variance.
Mr. Edward Dixon, stated the f~nancial hardship of Mr. Finneran was not feasible, but for
the good of the ToMn not having a new post-office was a hardship. He requested the
variance be granted.
Attorney Arnold S~lisbury sts~ted it is a hs~rdship on the i~tittoner owing to the
peculiar conditions of his property and it is no detriment to the community. There
will be a use of land in the heart of North Andover. He disagreed with Mr. 0sgood.
Cyril KnoMles was in fa?or of the petition.
Mr. O'Leary made a motion, and it was tLuanimous!y carried that the petition be taken
under advisement.
Mr. Nicetta sat in on this Hearing and hearings fol!o~dng.
Next on the agenda was the application of $£fie Konstandin requesting a variance from
the pr~visions of Section l, Paragraph i for an addition to the existing Restaurant
for additional restaurantal use. ~. Konstandin is proprietor of Charles Streak House.
Judge Thompson represented ~Ar. Konstandin. He proposed ~hving the proposed building
back to the present back Line. Attorney S~lisbury read Chapter 48, Section 15.
In Section 7.~0, it sets forward the yar~requirements are 25~ in the side fromt and
75' in the bac. It is only pe~issable to change front and side yard~. He stated the
By-Law reads you canno~ touch back yard requirements. Mr. SRlisbury stated he represents
some 20 citizens against this petition.
Judge Thompson stated that in 19~3 it was established a rear lot line that exists now
on the petitioners property.
It was unanimously vo~ed to take the petition under advisement.
The Application of ?~mund Cormier was read b? the Chairms~ Mr. Corm~r wishes to
recombine two lots into an area of 10,O00 square feet~ at the dormer of Spruce Street
and Mass. ~ve.
No one spoke for or against. Mr. O'Leary made a motion, seconded by Mr. Lurid to take
the matter under advisement. It was unanimously carried.
The apolication of William McAloon was read by the Chairm~n. Mr. McAloon wishes
to erect a business building at 535 Chickering Road.
Mr. McAloon was granted a bttilding permit under the old By-Law.
Mr. John Fitzgerald, Cyril Knowles were recorded in favor of the petition.
Anthony & Stanley Kurycki were recorded against the petition because it would lower
the value of their land. Their land is located across the street from Mr. McAloon.
f, ttorney Salisbury arose and stated he was representing a number of persons against
th~s petition, and would file the list with this office as soon as possible.
Mr. Salisbury referred to Section 7.3 of the Zoning By-Laws and pointed out that a
structure must set back from the street line 25t. If Mr. McAloon's petition is granted
a ~lankwallwill be on Pleasant Street. He also pointed out it wo~ld be a business
spot in a co~try area.
Mr. Heath was recorded against the petition because it comes too close to the street
line.
Mr. Terrouxmade a motion, seconded by Mr. Nicetta that the petition be taken under
advisement. It was unanimous.
The aoolicat~on Louis Mil~er was next on the agenda. Mr. ~llerwishes to build
a 6 by 8 ' piazza on his house. No one was against the petition.
Mr. Terrouxmade a motion, Seconded byMr. Lund that the petition be taken under
advisement. It was unanimously voted by the Board.
The petition of Leo 0~o0iar~, 3 Glenwood Street was read by the Chairman. Mr. GuccAardi
wishes to build au addition to his house. No one was against the application. It was
taken up for luther advisement.
Mr. O'Leary made a motion, seconded by Mr. Lund that the variance of William Finneran
by Granted. It was unanimously voted by the Board.
The meeting adjourned at 9:45 p. m.
& Chairm~u
Clerk