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HomeMy WebLinkAbout1953-07-21 Board of Selectmen Minutes JULY 21, 1953 ~ing of the Board of Selsct~en was hcld at 6:30 P.M. on this evening a~ tHs request of Member Arthur p. Kirk. Mr. Willis opened the meeting and said that for the benefit of all concerned he would review the situation so that there would be no misunderstanding. He stated that the board first received a complaint about trailors on Dufton Court and they werc objected to on the basis of the fact~that there were ~o in the rear of a house on Duften Court. On complaint of the abutters a hearing was held.and the Board viewed the premises in company of the Building ~nspector and by actual - measurement we found that'the location of these trailors did not comply with the Zoning by-laws. This was the unanimous opinion of the selec~msn at this time, that there was no prohibition in the zcning.laws to trailors if they complied with the zoning laws. We then instructed the building inspector to order the parties to remove the trailors. He said that he had informed Mrs. McMurray at a later date that the zoning by-laws contained no prohibition against trailors other than that they comply with the zoning laws with respect to being set the proper distance from the lines~ He said that Mr. Thomson had told her the same thing. ~ About two weeks later, Mr. Lawlor called Mr. ~?illis and said that he had contacted Mt. Thomson for a permit for~ the trailors on Irving Road.. ~he building inspector told Mr. ~?illis that Mr. Thomson had stated that there~was no prohibition of trailors in our zoning by-laws and Mr. Willis-agreed that this was soand he also tcld the building inspector. The ~building inspector then issued the permit to Mr. & Mrs. T..~man. ~_ The parties, involved incurred the expense of buying the land and they felt ~assured that they would put the trailors on .this land and they went~ahead. They' cleared the land. and prepared to put the, trailors up. Then%he abutters circulated a petition opposing trailors in thatarea. When the petition came before us, the' action of the board was such th~'t~we structed the .building. inspector ~o rescind the permit. Mr. Willis said tha~f he hasn,t changed, his.stander all and that since this meeting was called~.by Mr. ~ Kirk, he wottld~ like ~to .hear from him at this time. Mr: ~irk~said that.he had gone over the laws, both the. zoning and building laws, ~ very~ carefully~and~he has talked with other town officials who know more ~about this~ than he does, and he .feels that he made an error last. week in voting as'he did. H,e,wou!.d like to,have the-laction of.last week,s meeting on this~matter, ~rescincec on the grooncs that the..board.has no legal right.to oppose a~ permit. · ~Mr. ~Thcmson said he ~i'd not recall having this conversation with Mr~ .Lawlor but said he had the .utmost confidence in Mr. ~Lawlor,os integrity and if he said there ..was such a conversation then/-i~emust~e~:-~e~e~r~e.TAomson said. he gave an :',. opinion in.'the pest,stating that'if the,'laws,.were, met, a. permit would be.in order but .he would, not change his ,'opinion~'..He..said he. thought that'the location - of trailors in. any.given area would..be antagonistic a~d .objectionable to people in a' residential area. He said that ,he. felt that,,anyone s~eking a location in' an area to ldo. that which is objectionable 'to long:,;established convention,' should' have the, h~den of g~lng the ,full length and_ that..would 'mean that they,:.should' go ~: to ~he Board of Appeals. - He felt that the burden should not be :un the .people who have.resided in such a:location overa period..o~ years. Mr. Thomson said ,. ~ he.was still;'of:.the, opinion.that the building,inspector, in instances of obJect~on, has a right, to .refuse a permit and that is why they have the. right~.of, appeal; After the difficulty,, at Chickering Road:.Mr. &~Mrs.~ McMurra~ went to Mr'~: Pnomson,s ..office and. he :advised them. that,:they should, not.seek to locate.the trailors-.in , an'. ~rea where '.~hey :would be Objectionable ...He ;suggested~ at.section of 'Chickering':, : ?~d which would gfve:.less~ trouble.. He :said'the. applicant went ahead and purchas, [.-and.. and~ no~ they must-encounter such. obJe ctious~ as reside~tsl;may 'raise in t~at ? . '. ~rea' legally .or morsJ~ly. Re felt .~hat. these people who a re~'opposed, to t~ese trail~i ors ~should be aided in :every respect. He .further :stated. that his position has: :Mr...~illis said. he. was inclined .to agree with of the board ~J_lo~ed them to believe that. they, had only to ,comply.with laws., He said that when he. talked with Mr. Thomson he(Mr. Thomson). said :that didn!t see how the,"heck,,~,we can stop them:but that. they~would raise '~ell, up ' there. Mr. Willis said we 'Have' already caused :. Mr.. Lyman to go',to.lconsiderable" expense because he relied, on us and the building 'inspector. He. felt. that 'the equity, of the :case is with theL~mams, and that equity c[emands that :the objectors have the.;same avenue open as the...~,ymans .and., that'is by going to the, Board of Appeals. We have' issued a permit and as a result the Lymans Have got into con- siderable expense .... . ,.Mr. ~homson said i that the point 'oft. equity is .an.:a~plicant '.who becomes.aware of the _disagreement in .area and goes ahead, no~ as persons, who are unaware of the situation. It must be .presumed that they have-.knowledge, that the location of a'trailor, would be apt to cause objections. Mr. 'Thomson said he had been. told that 'these people moved the trailor under cover of darkness. He believes that the equity is with the people who Have opposed the location cf trailors in this particular area. Mr. Willis said,Mr. Thomson, you don't have to answer this question, but I am going to ask you anyway. Do you think that trailors would be in violation of the zoning laws? Mr. Thomson said, You are quite right, Mr. Chairman, Z do not Have to answer that question. JULY 21,1953- continued Paul ~. Perocchi stated that he represented Joseph Hontgome~y, Philip Watson Raymond Burke, Saverio Medici, Wilfred Bottonley, Charles ~acdaid, Zygmond Kcper, Alvin C. ~atts, Harold McAllister and Ernest Kress. He said there is nothing personal in what he has to say. In the ordinary course of events, if the L~mans were building a house, they would have good neighbors but' all of these people object to the location of trailers on Irving Road. He said that under General residential area in our zoning laws, there are certain things that can be done. Mr. Perocchi, first asked if a trailer is a single residence dwelling. He said we have a. definition of a trailor as defined in the law and by Just removing thc wheels, it does not become a dwelling. He mentioned five points in the case of his clients: First, that the issuance of the permit has~a~tho~iz~d the a~oplicant~ to move a trailor into a district zoned as a general residence district; Second, that a traLlor is not a dwelling or residence, within the meaning of' the works "single family dwelling" as outlined in Article 2 of the zoning by-laws. ~hree: that the trailors would be detrimental to the district in which it is sought to be situated. Four, That these trailors 'would materially affect property values in this neighborhood and would constitute a nuisance. Five, that the issuance of this permit would be .illegal and would not beautify or improve the town as set forth in Article I of the by-laws . · Mr. Perocchi said he went by the trailors and looked at them and he .would question whether or not they promote any~ of the characteristics in the by-law. These trailors will only conform to the law if they are on a foundation and he doubted if any Judge would say that .a trailor is a single residence dwelling. He then ~elated a story of the arab and the camel. He told the board that if they say yes now and lay a foundation, then there is nothing to stop anyone from coming into North Andover and setting up trailors. He mentioned the new industry coming into to town and mentioned that people might bring trailors in to ~own and if the Selectmen gran~ permission to the Lymans, and not other, then that is discrimination. He said his clients plan to go before the Board of Appeals and if necessary to the Superior Court and to the Supreme Judicial Court, if necessary. One thing more, said Mr. Peroccht, No one wants to be a social outcase ~and that is what the ~.ymans will have to put'up with if they locate their trail0rs in the neighborhood in question. : ,. He s tared that he believes that~the Selectmen have the power to stop .this here and now and can do a great favor to the town. We do not want the ~own of N6rth Andover to be a "Tooneyville Trailor Town". William Mckloon, Chickering Road, objected to the trailors in this location and he quoted various sections of the zoning by-laws. He said traLlors are not built %o remain in one spot and they do not beautify the town. Mrs. Lyman said that the trailors were not moved after dark. She said. these people were in ignorance of trailors. philip Watson said he had never seen thc Lymans and that there was nothing personal, in their.complaint. He said one trailor was moved at ten o'clock at night and thcywent to-the police to see wha~ could be done and the officer. informed them that it was moved on advice of their lawyer. Mr. Willis said he has not Jhanged his position. He would go by the law and not play politics. He said there 'is no prohibition to trailors in the 'zoning by-laws as long as ~they comply with the requirements. He believes that the board should refer this matter~ %o the Planning Board so that there would be a way that the selectmen could legally refuse an application to locate a trai!or. He said he had been consistent from the s tart and he wont change his mind. He stated that he can appreciate the position of these people.opposing the trailors and he realizes that trailors are. not what you would desire in a residential area but "Might is not right in America yet". Mr. Kirk then made a motion that this board rescind the action of the meeting of July 14, in revoking a building permit issued by Mr. Lawlor to Mr& Lyman. Mr. Willis. seconded the motion with Mr. Thomson not voting. Mr. Kirk then madc another mo%ion that the Board of Selectmen instruct~ the Building Inspector to issue a permit to Mr. & Mrs. LymanlaS of to-day, July 21~ 1953.. Mr. %~illis seccuded this motion with Mr. Thomson voting no. DEPARTMENT OF PUBLIC WORES: Duplicate. copies of a Memorandum of Agreement for the maintenance of certain roads in North Andover under the provisions of Chapter 90. If the agreement is acceptable both copies are to be signed by the Selectmen and returned to .the Department of Public Works. The board signed the ~wo copies and theywill, be m~iled to the.office.