HomeMy WebLinkAbout1970-10-19Monday - October 19, 1970
Regular Meeting & 3 Hearings
The BOARD OF APPEALS held their regular meeting on Monday evenLng, October 19,
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; Donald J.
Scott; J. Philip Arsenault, Esq. and Associate Member Joseph A. Miragliotta, Esq.
There were 12 people present at the meeting.
1. HEARING: KARL A. SEABURG.
Mr. O'Leary read the legal notice in the appeal of Karl A. Seaburgwho re-
quested a variation of Sec. 7.21 of the Zoning By-Law so as to permit the erection
of a garage and family room addition to his dwelling. The premises are located at
the south side of Boston Street at the corner of Sullivan Street and known as
186 Boston Street. He also read the refusal from the Building Inspector.
Mr. Seaburgappearedinis own behalf and explained that he had purchased the house
in 1965 when he was single, but now he is married and conditions have changed
and he needs more room. Because of the location of the house on the lot this is
the only way the garage and family addition could be placed. The Zoning By-Law
requires 30 feet from the sideline and this addition would be placed 16 feet from
the sideline.
There were no abutters present and there was no opposition.
Mr. O'Learymade a motion to take the petition under advisement. Mr. Miragliotta
seconded the motion and the vote was unanimous.
2. HEARING: NICH~WJ. KOCZAT.
Mr. O'Leary read the legal notice in the appeal of Michael Koczat who re-
quested a variation of Sec. ~.32 of the Zoning By-Law so as to permit the
combination of four small lots into two larger lots on the premises located at
the south side of Martin Avenue at the corner of Unity Avenue.
Mr. Koczat appeared on his own behalf and explained that he has owned the land
for over 30 years and the lots have been in existence and now he is unable to take
care of the land because of his health and would like to sell the lots. He said
there are many lots in the area either the same size or smaller. Mr. DeFillipot
the prospective buyer of the two lots, was present and said he wants to build on
one lot and hold the other lot for some other member of his family. There were
no abutters present and there was no apposition. Mr. O'Learymade a motion to
take the petition under advisement, Mr. Arzenault seconded the motion and the
vote was unanimous.
3. HEARING: Christopher Adams.
Mr. O'Leary read the legal notice in the appeal of Christopher Adams who
requested a special permit under Section 5 of the Zoning By-Law so as to permit
earth removal on the premises located at the east side of Osgood Street; approx.
1,000 feet from the corner of Bradford Street and known as 1591 Osgood Street.
October 19, 1970 - cont.
He also read the letter from the Buil~ng Inspector which stated that the Bldg.
Inspector had stopped Mr. Adams from removing fill from his property on Osgood
Street and Luformed him that a special permit was required from the Board of
Appeals for earth removal.
Mr. Adams stated that he wished to level a hill at the rear of his property so
that the area maybe utilized for future construction. He said the area is not
useable in its existing state. He agreed that any conditions imposed bythe
Board, if his request was granted, would be acceptable to him.
George Cronin, an engineer, was present and Americo Buco, who was doing the actual
earth removal at the time that the Building Inspector ordered the operations to
cease since they lacked a special permit. They explained the work involved and
of the necessity of the special permit being granted.
A communication from Joseph F. Sweeney, president of Local 1365 AFL-CIO at
1627 Osgood Street, stated that his organization was in favor of the permit and
John Connors, from Western Electric who was present, offered no opposition. Other
letters concerning the project were received from a group headed byNormanLentz
and from the town's Conservation Commission by John L. Roberts, Chairman.
Mr. Scott made a motion to take the petition under advisement. Mr. O'Leary
seconded the motion and the vote was unanimous.
DECISIONS:
1. KARL A. SEABURG:
Mr. O'Leary made a motion to GRANT the variance; Mr. Arsenault seconded the
motion and the vote was unanimous. No adverse effect, materially or otherwise,
to the general cbmwacter of the neighborhood. Substantial hardship, financial or
otherwise, will be suffered by the applicant. There will be no substantial
derogation from the intent and purpose of the zoning by-law.
2. MICW~. KOCZAT:
Mr. Miragliotta made a motion to GRANT the variance$ Mr. O'Leary seconded
the motion and the vote was ~-l, with Mr. Arsenault voting no. The reasons for
granting are: Unless the variance was granted the applicant will suffer hardship,
financial or otherwise. No adverse effect to any substantial extent to the public
good nor change in the general character of the neighborhood.
3. CHRISTOPHER ADAMS:
Mr. Arsenault made a motion to GRANT the special permit; Mr. O'Leary seconded
the motion and the vote was unanimous. The special permit was granted subject to
the following conditions:
1. A performance bond of $3,000 for one year shall be posted with the town of North
Andover prior to any excavation; ~11 costs incurred in the execution of said bond
to be borne by the petitioner.
2. This permit is for one year period and may be renewed upon request and favorable
report from the Buildiug Inspector.