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HomeMy WebLinkAbout1953-02-16 February 2, 1953-Cont. It was also ~r~ught out that this .Darti~mlar piece of land was very ix-x?gular in shape and that it wo~ld be very difficult to cut 'it up to take in only the filling station. MOtion was then made and seconded and it was unanimously voted to grant approval on this petition. The Application of Sarah Beck was then brought forward for consideration. The Board discussed ,this application and some of the members felt that the Board should go in a group te view these premises and get first-hand information. MOtion was then made and seconded and it 'was voted that the Boar~ would ge in a group t~ view the area on S~,-Aay February 8~ 1953 and that they would hold a special meeting on February 16, .1~53 at ?:30 P.M. to vote on this matter. Mote'on was then' made and seconded and it was voted to adjourn at 11:00 P.M. The next meeting to be held on Monday February 16, 1953. February 16, 1953 Mee. ting was called to order by the C~airman at 7:30 P.M. in the Town Building to vote on the application of Sarah Beck. This meeting was continued from February 2~ when it was voted that the Board view the prem~.~es before voting on this application. All members of the Board wer~ present and voted on the application. Motion was made and seconded and it was VOTED to d~n~ approval of the application as originally submitted. The vote was unanimous. However, 'the §oard also VOTED (4 t6,1), i,' that they would accept and consider and recommend approval on a revised plan, submitted by the applicant~ showing a new area to be changed to business~ provided that the business zone requested was shown on the revised plan~ as suggested. Meeting was adjourned at 8:1.5 Signe Clerk_ ~y~~% Clerk ~ebruary 16, 195J. The meetiHg was called to order by the G~ai~m=n at 8:!5 P.M. in the Court Room~ ~is was a PUBLIC HEARING. Members present: Richard G. ~hdpplej G~m~irman, Edwin Reinhold~ Sec- retary~ Gregory Mooradkanian, Nicholas Nicetta and William Swithenbank. An application was received from Domenick Mangano~ r~questing the a~proval of the Board for a proposed amendment of the Zoning By-Laws of the ~own~ ~so as to permit a change of classification of a parcel of property~ owned by him, and located on Jetwood Street, from a General Residential to a Business District. This application was advertised in the Evening Tribune on February 7 and February 14, 1953 and all abbutters were notified. Attorney CharlesW. Trembly represented the applicant and e~plained to the Board that Mr. Mangano o.~z~d four lots on Jetwood 'Street and that there were no houses on this street from Massachusetts Avenue to the River. ~He stated that this area was not suitable for residential purposes as a lot of the drainage from Mifflin Park came dov~n on this street. Atty. Trembly stated that his client intended to build a two story cement block building to be l~ed for storage on the ground floor and for offices on the second floor. He stated that Mr. Mangano was iu the pl,~tmbing business on Essex Street and wished to use this buildi~ as a storehouse. The proposed building was to be 100 by 150 feet and would cover most of the four lots. There are no buildings on the lots at present. Anna Galvagaa~ 2~ Massachusetts Avenue stated that she owned property in this area and that she had l~ved and owned the property for more than 12 years. She Stated that M~. ~ngano lived on the next street and that he had been utilizing a two stall garage for his storage and that the over- flow of storage was strewn on the ground on his property. She said that the neighbors had been very patient with him about this, but ~at the t~me had come to do some complaining. She also stated that there was a l~wge sign painted in the side of the garage advertising the business. She said that this area had been zoned for residential purposes and that there were m~y nice homes there and also potential home builders. She felt that it should be kept aS a residential district and wished to be - recorded as objecting. I~ing Piper, 210 Nass. Ave, Charles'Finocchiaro, 233 Mass. Ave.~ Albert Mlstretta 18 Inglewood Street, Orazio Galvagna~ 213 Mass. Ave and also Vincent Pellerin were present and all voiced their objection and wished to recorded as doing so. Ail stated that the present location 'of the two stall garage with all its overflow of storage was a disgrace and the all felt that it was about time that Mr. Mangano should be stopped. Notion was then made and seconded and it was voted to take the matter under advisement. Application was then received from John R. Mahoney~ r~questing the approval of the Board for a proposed amendment of the ZOning By-Laws to permit a change of classification of a parcel of property~ owned by Mr. Nahoney and his sister, ~ary Moss~ from a General Residential to a business District. This property is located at the Corner of Andover Street and Salem Turnpike. This application w~s advertised in the ~vening Tribune on February 7~ and Feb~,~ry 14~ 1953 and all abbutters were notified. February 16, 1953-Cont. John R. Nahoney was present and also representing his sister, ~wy Moss who ,was the property jointly with b~m. He stated that he had had several offers for his property but because of the restrictions it was very difficult %o culminate a sale. However, there is one prospective bt~er who would like to convert this large house into about five apartments, but in order to do this the property would have to be re-zoned for business. He stated that this house could now be used for a boarding house for students of the nearby college but that it was entirely too large for present day use as residential property. He also stated that he h~d not been approached by asV oil companies or restaura~%eurs. His onl~ resource he informed tha board was to have the property re-zoned in order to affect a sale. He stated that this property contained approximate two acres of land and was right across the street from Thompson' s Reataurant. There was also another thriving business in t.he immediate B~ighborhood the "Barn" and another 'area across from the "Ba~n" which ~md been re-zoned for business. He stated that goin~ north on Andover Street there were several places doing business and also on Chick,ring Road. He stated that there had been business activity in this area for the last' 30 years and that he felt that the area was fast becoming a business district. He stated that it was his opinion that when the Zoning Laws were d rafted they were nSt intended to freeze an area forever, that it was neceaasary for an area to grow with the town. Mr. Mohoney stated that there are 14 rooms in this hSu~e and if it could be re-zoned so that it could be used for apartments~ there would be no outward changes made and that all inside stirways would be used. Judge WE~ H. Daley represented Mr. Stephen Brerman and the Donahues and he stated that Mr. M~boney and his sister had inherited this property and that they were not able to sell the property for the price they wanted and that it was this reason which brought b~m (Mr. Nahoney) before the Board for a re-zoning approval. He stated that this change would adversely effect the neighborhood a~ the people of North Andever. He stated that the Zoning Laws should not be changed, altered or amend6d unless for very serious and important reasons. This change would open the door for further business ventures ih this area and that the interests of the people in this neighborhood should not he sacrificed for the convenience of one ~erson. He also stated that he felt that the Board should act with e xtrene caution in a case cf this type because once the change was made arFthing could happen. He also stated that Mr. Mahoney no longer makes his home here but in New York and that a change of this sort would not effect his living condition* but would have adverse effects on the neighborhood. He also presented a petition t6 the Board which contained approximately 80 names of persons Living in this area who wished to be recorded as objecting to this change of classification. Mr. Stephen BraB=~ then informed the ~oard in reference to Mr. Mahoney' s statement that there had been business at that location for manv years, that there had been several small businesses at one time or another ~t that corner but that this was al ~ before Zoning was effective and he felt that Mr. Mahoney had a very selfish reason for petitioni~ for this change, if Mr. Mshoney still lived at this location he would not want te see any business there either. Mr. Donshue stated that he lived on Andover Street and that the businesses in that area were all on the west side of Turnpike Street. He stated that if this petition were granted he felt sure that a vacant lot which is next to his property would be a potential area to also be re-zoned. Fr. McQuade of Marrimack College stated that there had never been arF business on the ¥¥est side of Turnpike Street and that the change asked for here would change the whole character of the neighborhood and should not be allowed. 64 ~re Mahoney then stated that he felt that man~ ef the persens who signed the petition to object to this change were under a misaprehension as~ they were under the ~mpression that sbme large business would locate there~ but he felt that the type of business that these persons were aErkid ~ would not even be allowed in a business diatrict but rather in an in- dustrial district. Motion was then made and seconded and it was voted to take this matter ~nder advisement. The Board then went into executive session to discuss' this application. After careful consideration' and discussioh~ a motion was made and seconded and it was VOTED to den~ approval on the application of John R. Maheney. This vote was unanimm~. Motion was then made and seconded and it was voted to adjourn the meeting at ll:l~ P.M. , The next regular meeting to be held on Monday Narch 9~ 19.~3 due to the fact that the first Monday of the month was election day. Adjourned at 11:15 P.M.