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HomeMy WebLinkAbout1970-07-07Tuesday - July 7, 1970 Regular Meeting & Hearings The BOARD OF APPEALS held their regular meeting on Tuesday evening, July 7, 1970 at 7:30 P.M. in the Town Office Building. The following members were present and voting: Arthur R. Drummond, Chairman; Daniel T. O'Leary, Secretary; J. Philip Arsenault, Donald J. Leonard, Assoc. Member James A. Glynn, Jr. and Assoc. Member Joseph Miragliotta, Esq. There were 15 people present. HEARING: Charles Construction Company. Mr. O'Leary read the legal notice in the appeal of Charles Construction Co. who requested a variation of Sec. ~.41 of the Zoning By-Law and to appeal the decision of the Buil~ng Inspector, so as to permit the construction of a building to be used for the assembly, repair and sale of power machines and motorized equip- meat; on the premises located at the west side of Sutton Street, ~00 feet from the corner of Main Street and known as 200 Sutton Street. He also read the refusal from the~,ildingInspector. Atty. John J. Willis represented the petitioner, who was also present. · Mr. willis explained that the real estate is owned by Charles Matses and he is the principal stockholder of Charles Construction Compamy. They are not asking for any sideline or lotline variance so that a plot plan would not be necessary. This would be located in the North Andover Industrial Park and there are mar4v other b,,i1~tugs in the area - Bride, Grimes Co., Sears, Roebuck, United Parcel, the former Sutton's M111 build/rigs and various other small buildings. He proposes to erect a building thatwould house assembly, construction and dis- tribution of power mowers, possibly snowmobiles and other equipment of sm-11 power nature. There will be a certain amount of repair service and service to machines and sale of machines. The By-Law does not allow this use in an Industrial area. This Board can provid~ relief which may properly be granted. This area is no longer used as a textile industry but it is still in an industrial area. Bride, Grimes is involved in certain retail services, Reimitis radio shop is a type of retail sales, Sweaney's Fence Co. - the N.A. Depot sells wood products. Mr. Willis does not think it would derogate fr~m the intent of the Zoning By-Law. It is apart from some of the more restricted uses - this is the kind of use that should be endorsed by the town - it will give additional taxes since a new building will be constructed. The buil~ugwouldnot be detrimental to the area - it would enhance it since it is an attractive building. Edward Phelan, member of the Board of Assessors and Industrial Development Commission spoke in favor of the petition saying that there is very little area left to b~ in people for this type of construction. This would be a good place for this type of building. Industrial and Business areas could possiblybe.taxedhigherifthe new state law is passed. This type of business would be similar to the Sears, Roebuck b,~lding now there. The Board should consider that this is needed by the town. Mr. O'Leary asked if it would be all right by the petitioner if the Board contacted the Fire Dept. as to safety measures because of the gasoline station in the area. Mr. Willis said they would be happy. Jul 7, 197o - cont. Mr. Leonard made a motion to take the petition under advisement. Mr. O'Leary seconded the motion and the vote was unanimous. MERRIMACK MATERIALS, INC. Mr. Anthony Valente and Mr. Don Flynn, representing Hereford Corporation, appeared before the Board as requested. A letter had been received by the Board ~ from Merrimack Materials, Inc. stating that they had sold the gravel pit on Boxford Street to Anthony Valente and James Silva (Hereford Corporation). They also asked that their bond be released. A new bond in the amount of $5,000 was filed with the Board, this is a continuous bond beginning the 16th of June, 1970. The men stated they have a copy of the restrictions and requirements placed on the special permit and will follow them as required. They want to level the hills and make use of the lend. They have a sm~l 1 operation and want to utilize this prope~y. They want to continue ~ith the same permit for the operation of the gravel pit. Mr. O'Leary made a motion to take the matter under advisement. Mr. Glynn seconded the motion a~ the vote was unanimous. WATSON GRA~EL PIT: A bond, as requested by the Board, was filed by Mr. Watson for his gravel pit. Mrs. Watson had not signed it and Mr. O'Leary made a motion to accept the bond and have her sign it. HEARING: Dr. W~ll~am Patterson. Atty. Miragliotta arrived and the Board continued with the hearings. disqualified himself from sitting on this petition since he is an abutter. Assoc. Member Miragliotta sat in his place. Mr. O'Leary Mr. Drummond read the legal notice in the appeal of Dr. W~ll~am Patterson who re- quested a variation of Sec. 7.22 of the Zoning By-Law so as to permit the erection of a duplex house on the premises, located at the south side of Highland Terrace at the corner of Wilson Road. He also read the Bttilding Inspector's letter of refusal. Mr. O'Leary, speaking as an abutter, said the legal notice was wrong, that it should come under Sections 6.32 and 7.22, not only 7.22 as advertised. Mr. Willis said he didn't understand why he should be objecting. Mr. O'Leary doesn't think he came in under the right section. Mr. Drummond read Section 6.32 of the Zoning By-Law. Mr. Arsenault made a motion to allow the petitioner to present his case and continue with the hearing. Mr. Glynn seconded the motion and the vote was unanimous. Atty. John J. Willis represented the petitioner, who was also present. He pre- sented plans to the Board and explained that the lot has 25,588 sq. ft. a~ that the petitioner is in for a variance with respect to the front and side lot lines. July 7, 1970 - cont. The proposed building faces Highland Terrace and he is seeing a sideline variance of 5 feet and a 20 foot variance on the front. There is a drainage pipe on the land of the petitioner without benefit of an easement from the town. He showed a deed that the easement does not exist and there'is no dr~uage easement to the town of North Andover; otherwise they could ma~utain the necessary front and side line requirements. The Zon~By-Law allows the same setbacks as other houses in the area in Village Residence districts, it should also be allowed in Country Residence districts. There is hardship involved because when Dr. Patterson purchased the land he did not know of any easement. They discovered the drain pipewhen Dr. Marke¥~built his home. While the house was beirtg constructed part of the pipe broke an~caused alot of problems in the area. He proposes to build a duplex house, 5 rooms on each side - one side to be occupied by Dr. Patterson's father and mother and the other side would be rented. The area had originally been planned for 50xlOO ft. lots. Sm~ll lots have been combined to make this one lot. They have no intention to subdivide the lot. Some lots in this area are only 10, OOOsq. ft or a little more. The only thin, the Board has to consider is this one lot. It would be a hardship to the owner because of the easement on the land. There is no record in the Highway Department of a drainage pipe on the lot. ~rs. Lewis, an abutter, said she thinks their homes are set back more than 10 feet. Mr. O'Leary said the lot size now required is 25,000 sq. ft. and they should comply with that. He asked where they will park their cars. Atty. Willis said they will probably use the garage but the petitioner would be glad to provide off-street parkin~ for the lot. Member Leonard pointed out Section 6.32, and that there would be 2 principal dwellings on one lot. Atty. Willis said that the Zoning By-Law shows nothing about only one dwel~ being allowed on a lot. He doesn't think it is necessary to come before the Board for a subdivision; he Just wants an additions.l .~buildin~ on the lot. Mrs. Lewis said she would have no opposition if house was set as far back as the Markey house. A discussion was held between Walter Wilson, Maurice Lynch, Atty. Willis and others regarding the actual location of the drainage pipe and how important that pipe is to the area because of the amount of water in the area in the spring. Mr. Leonard made a motion to take the petition under advisement, seconded by Mr. Arsenault and voted unanimously. The Board then proceeded to discuss and vote on the petitions of the evenir~g. DR. WILLIAM PATTERSON: The Board discussed the petition of Dr. Patterson. Mr. Arsenault made a motion to deny the variance because there is no hardship involved, there is another house already on the lot an~ the area is crowded. Mr. Leonard seconded the motion and the vote was unanimous. July 7, 1970 - cont. CHA~T.F.~ CONSTRUCTION COMPANY: The Board discussed the petition of Charles Construction Company. Member Glynnmade a motion to GRANT the variance, Mr. O'Leary seconded the motion and the vote was unanimous. The Board finds that the requested variance will not be in substantial derogation from the intent or purpose of the Zoning By-LaW. The meeting adjourned at 9:30 P.M. ARD AD  Chairman ~ Clerk