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HomeMy WebLinkAbout1970-08-10Monday - August 10, 1970 Regular Meeting & Hearings The BOARD OF APPEALS held their regular meeting on Monday evening, August 10, 1970 at 7:30 P.M. in the Town Office Building. The followin~ members were present ~nd voting: Arthur R. Drummond, Chairmsn; Daniel T. O'Leary, Secretary; Donald J. Scott, J. Philip Arsenault, Esq., Donald J. Leonard and Associate Members James A. Glyrnn, Jr., Esq. and Joseph Miragliotta, Esq. There were 10 people present for the hearings of the evening. 1. HEARING: Merrimack Valley Textile Museum, Inc. Mr. O'Leary read the legal notice in the appeal of Merrimack Valley Textile Museum, Inc. who requested a variation of Section 7 of the Zoning By-Law so as to permit the construction of an accessory use building and warehouse to be used in conjunction with the textile museum presently existing on Massachusetts Avenue, North Andover on the premises, located at the north side of Osgood Street across the corner of HarkawayRoad. He also read the Building Inspector's refusal. Atty. Clifford E. E]-ias, Central Bldg., Lawrence, represented the petitioners and stated that the application was based on the principal points that a 50-foot side yard would require construction of a building over a swamp area thereby increasing substantially the cost thereof; conditions affect this parcel and not generally the zoning district; requirement would involve substantial hardship; relief maybe granted without substantial detriment to the public good and without substantially derogating from the intent and purpose of the Zoning By-Law. The proposed building would be 100 feet front, 304 feet deep with one story; approximately 16 feet of steel frame construction. The zoning district is industrial. The lot of land consists of approximately 5.84 acres and because of swampy conditions the Museum would like to construct the building 20 feet from the lot sideline instead of the us,,~l 50 foot setback, on the easterly side abutting the New E~gland Power Co. right-of-way. The new building would provide about 30,000 square feet of additional floor space necessary for office, open storage, display and study space. The new building which' is proposed to be called "Machinery Hall" will be constructed of first quality materials, beige colored, steel framed, fully insulated, heated, humidity controlled and air conditioned for the office space and a fine addition to the neighborhood. Atty. Elias presented a letter from the North Andover School Build_tug Committee signed by Harry R. Dow, III, Chairman, stating that to build within 20 feet of the right-of-way on the land abutting the Rogers-Howe property was approved at the meeting of that committee on August 5, 1970. The shape of this parcel of land is such that it has a 378 foot frontage and approximately 1060 feet along the side; trees, shrubs and other vegetation in the area w~ll be retained as much as possible to provide as much natural shielding as possible. The 50-foot buffer zone will be achieved as the New F~ugland Power Co. right-of-way is 82.5 feet and with the added 20 feet setback there would be 102.5 feet. Those present in favor of the variance were Mrs. Horatio Rogers, Francis B. Kittredge, Thomas Leavitt, Mr. Draper and Henry Fink. Atty. John Willis spoke as an interested citizen and Building Inspector Charles H. Foster. Mr. O'Leary made a motion to take the petition under advisement. Mr. Leonard seconded the motion and the vote was unanimous. August 10, 1970 - cont. 2. HEARI~: Mrs. J. Edmond Elliot. Mr. O'Leary read the legal notice in the appeal of Mrs. J. Edmond Elliot who requested a variation of Section 7.22 of the Zoning By-Law so as to permit the construction of a small dwelling on the premises, located between Berkeley and Bevin Roads, at the corner of Turnpike Street. He also read the Building Inspector's refusal. Mrs. Elliot was unable to be present and was represented by her son Robert, who stated that the majority of the lot is very wet and impractical to build upon and the only possible location, although there is plenty of land, would require a variance of the lot line setbacks. Other homes in the area are near the lot 14nes and built upon small lots and the house in the proposed location would not be detrimental to the appearance of the neighborhood. Charles Foster, speaking as a private citizen, substantiated these statements. The lot of l~nd consists of square feet although the plans do not show the total area and the lot lines are not clearly designated. Robert Leland, an abutter, spoke in favor of the request. Henry Fink was opposed saying a master plan is under way and this area is close to Turnpike St. and should be left open until master plan is completed; he said this may be a possible business area. Mr. Arsenault said he thinks Mr. Fink has over-extended the power of the board as far as use of the land is concerned. Mr. O'Learymade a motion to take the petition under advisement. Mr. Scott seconded the motion and the vote was unanimous. WATSON GRAVEL PIT: A letter was received from the Buildir~ Inspector reporting his inspection of the Watson gravel pit. He said the area has been graded and seeded as required. NORENREALTYGRAVELPERMIT: Building Inspector Charles Foster said that no bond has been posted by Noren Realty yet for the earth removal operations on Holt Roads the work has already been started there. The bond should be in the amount of $15,OOO. Mr. Arsenault made a motion to instruct the Building Inspector to stop operations until the bond is filed. Mr. O'Leary seconded the motion and the vote was unani- moms. EDWARD J. WELCH PETITION: Mr. Drummond read a letter from Atty. Willis to the Board relative to an amended decision on the Welch petition. Mr. Drummond also read a letter from Atty. John Fentont Bailey's attorney, which protested and objected to what he says is highly irregular procedure. Atty. Willis explained that he thinks such an amendment can be made to the original decision and cited several cases in Massachusetts that were similar. A letter from Town Counsel some years ago also said such an amendment could be made in a previous case. Atty. Willis suggested that the decision be amended and submit it to the courts and let the judge decide. He said the board made a proper finding except~ that the reasons were not spelled out. August 10, 1970 - cent. Mr. Glynn made a motion to notify Atty. Fenton of the next meeting when this issue will be discussed again. Mr. Arsenault seconded the motion and the vote was unani- mous. The next Board of Appeals meeting will be on September 21, 1970. 1. Merrimack Valley Textile Museum! Inc. After thorough discussion, Mr. Arsenault made a motion to GRANT the variance. Mr. Leonard seconded the motion and the vote was unanimous. The reasons are as follows: 1. There are conditions affecting this parcel but not affecting generally the zoning districtin which it is located. The shape of this parcel (378 foot frontage on Osgood Street and approximately 1060 feet along the side of the parcel) is such that the use of the rear of the parcel will be imp~wed if the 50 foot setback were enforced. In addition, there is considerable amount of swampy area on the westerly side of the lot in the area where the building would be located if the usUal set- back requirement were enforced. There is an existing way on the parcel which could, and would be used in conjunction with the construction and the use of the proposed 2. A literal enforcement of the applicable zoning restrictions for set-back require- ments with respect to the proposed building for which a variance is being sought will result in a substantial financial hardship to the petitioner. The petitioner has been informed that there will be an additional expense of $20,000-$30,000 if the proposed building were to be built over the swampy area. 3. The proposed building will be most beneficial to the petitioner in furthering the aims of public dissemination of information within itschosen field. The con- struction and use of the proposed building is permitted and the fact that a smaller set-back would be allowed will not be a substantial detriment to the 'public good. Indeed, the granting of the variance would be desirable from the standpoint of the town's interest as a center of cultural attraction. In addition it should be noted that the trees, shrubs, and other vegetation in the area will be retained in as much of their present condition as is possible, con- sistent with the construction of the proposed building. As a result, the Museum would hope to provide as much natural shielding as possible. &. The purpose of the ZoningBy-Law in requiring a 50-foot set-back is to provide for a buffer zone between residential and industrial zones. That purpose will still be achieved if the variance is granted. The right-of-way of the New England Power Co. is 82.5 feet. If the 20-foot set-back is added to the width of the right-of- way, a total of 102.5 feet would be available as a more substantial buffer zone between the industrial zone and the area in the residential zone where there might be any construction. Therefore, there will be no nullification or substantial derogation from the intent or purpose of the Zoning By-Law. 2. Mrs. J. Edmond Elliot: After thorough discussion, Mr. O'Leary made a motion to GRANT the variance, seconded by Mr. Leonard and voted unanimously; subject to corrected plans being August 10, 1970 - ~ont. submitted showing the area as one lot and the total area and that no other dwellings can be erected on the lot and site must be maintained as one lot. The reasons for granting the variance are that the general character of the neighborhood will not be materially affected and the applicant would suffer hardship, financial or other- wise. The meeting adjourned at 10:00 P.M. (Anna Donahue)