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HomeMy WebLinkAboutLINE LUMBER COMPANY • 1886 �, TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS September 14, 1965 John J. Lyons, Town Clerk Tpm Building Borth Andover, Mass. Dear Sir: The following petition wads heard at a meeting of the Board of Appeals on Monday evening, August 23, 1965 at the Town Office Building. Members present and voting were: Daniel T. OfLeary, Chairman; William Morton, Secretary; James Dego, John J. Shields and Arthur Drummond. LIM IMMR COMPANY requested a variation of Sec. 7.4 & 7.5 of the Zoning By-Saw so as to permit the construction of a building to be used by the Albrite Carpet Cleaning Company on the premises, located at the Borth side of May Street; 500 ft. distant from the corner of Main Street. This public hearing was advertised in the Eagle Tribune on August 9 & 163, 1965. All abutters were duly notified by certified mail of this hearing There were approx. 25 people present for this hearing. Atty. Ralph 1. Finck re- quested the Board to continue the hearing on another date. He had just been re— tained by a group of people in the neighborhood of the premises involved and needed more time to prepare his case. The Board agreed to continue the meeting on Monday evening, August 30th at 7:30 P.M. Board member James Deyo informed the Board that he could not be present that evening. On Monday evening, August 30, 1965: the hearing was continued with the following members present and voting: Daniel T. OtLeary, Chairman; William Morton, Secretary; John J. Shields and Arthur Drummond. It..was agreed by all concerned that an Associate Member, Howard Gilman, would not sit in the absence of Mr. Deyo since it was a continued hearing and that the hearing would be conducted with a four--man Board, which means that a unanimous vote is necessary in the final decision. This hearing was held at the Fire Station Meeting Room since there Were over AD people present. Atty. Abraham Abounader represented Albrite to Ca t Cleaning Company., the company had been in business for over 25 years serving the Greater Lawrence area. They are forced to vacate their premises in Lawrence because the City needs the area. This particular area is zoned Industrial and there is no other land avail- able to go with the lot. He explained how the company works - that there are no obnoxious odors and no chemicals used. They only have two trucks and that there would be no traffic - just pick-up and delivery. (Cont.) l � .OAPMrJW �W S; 1855 .•' • CHUS TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS r21 September 149 1965 Atty. Ralph S. Finck represented a number of the abutters that were opposed. He stated they wanted the neighborhood to stay residential. There are many children in the area which would present a safety problem as to traffic. He said it is an obnoxious business which could have a serious effect upon the children health-wise. There is no hardship involved since there are other areas that could be available to them. He said the legal notice was inadequate because it did not state the request for the reduction of lot size. He questioned the signature on the application since it was not that of the applicant. A petition was presented signed by 145 people who were opposed. The petition was taken under advisement and an Executive Meeting was called for Tuesday evening, September ll,., 1965. The same four members were present at this meeting. After thorough discussion, Mr. Drummond made a motion to grant the variance and Mr. Morton seconded the motion. Members Shield., Morton and Druaond voted to grant the variance and Chairman OtLeary voted No. Because it was not a uus vote, the petition is denied. The majority of the members that voted to grant the petition did so for the following reasons: Mr. Shields stated that the lot of land contains 33,095 sq. ft. and was created by a so-called expert planner who created for this town one of the poorest sets of Zoning By-Laws he has seen, which causes the high number of petitions before this Board. The petitioner wants to use his land, conforming with restricted zoning. He sees no increased safety factor from traffic; the children in the area are from 100 feet to 1,000 feet away. This building, which would cost approxi. $1.00,000, would enhance the entire area. It would not be detrimental to the neighborhood. The denial of this petition would work a hardship upon the owner since they are being denied the use of their land. The denial of this petition would cost this town an estimated $,4.5 to $50,000. Mr. Drm pond agreed with all of Mr€.Shielddst reasons and added that the building would be an asset to the town and that there would be no hardship to the people in the area. The owner was being denied the use of his land. Mr. Morton agreedalso and added that the town needs such a building that will give it taxes. The denial of this petition would mean a waste of money to the town because the town is spending money for an Industrial Committee that is trying to get industry here. (Cont.) ps awn* :m •�CHU� TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS -3- September ]l., 1965 Chairman O'Leary give the following reasons to deny the petitions 1. The petitioner failed to request a variance in the lot size area as required in Sec. 6, Para. 6.51 of the Zoning By-Law of the town of North Andover. 2. In denying this petition, there would not be a substantial hardship, financial or otherwise to the petitioner. Very truly yours, BOARD OF APPEM e1 T. O�Leary, Cha AD I �Nurs;ti'tt. Nnatro :0 �^1CHU� r TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Date . S.evtp. u!a. ?. . . . . . . Petition No.. . . . . . . . . . . . . . . . . . . . . . Date of Hearing.Aug•. 93 .4c.39t. 1965 Petition of . I+it?9.43Pbe2.'.f+oy. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Premises affected .Nortkgide, of from xein,Street. . . . . . . Referring to the above petition for a variation from the requirements of the. . . . . . . . . . . . . . . . . ATorthAndover.Zoning W- oaF so as to permit. .the. aonatruotion of a bdlAin to. be uaed try Albrite_Carpet Cleaning Co. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Board of Appeals voted to. . . Z, . . : .the vara nce for the construction of the above work, based upon the following conditions:: Signev%�� .. . r 1l li aIDn *rbms .000"taw. . . . . . . . John J. Shields . . . . . Artmir.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Board oj Appeals Oversized Maps on fele with the Town