HomeMy WebLinkAbout1974-03-28Thursday - March 28, 197~
Special Meeting
The BOARD OF APPEALS held a special meeting on Thursday evening, March 28,
197~ at 7:30 P.M. at the Fire Station meeting room. The following members were
present and voting: Frank Serio, Jr. f Chairman; Dr. Eugene A. Beliveau~ Clerk;
William N. Salemme, Louis DiFruscio and Associate Members Alfred E. Frizelle,
Esq. and James D. Noble, Jr. There were about 50 people present for the meeting.
1. Decision on Archdiocese of Boston petition.
Mr. DiFruscio made a motion that the petition for a comprehensive permit applied
for by the Archdiocese of Boston be denied; Mr. Salemme seconded the motion.
Chairman Serio read the following reasons for denial:
1. The proposed plans inadequately provide for open space and have a high demsity
which is inadequate in relation to its surroundings.
2. The dimensional requirements of the R-~ district are not inconsistent with
the proposal and are consistent with the long range planning goals set forth in
the Comprehensive Plan for North Andover.
3. The proposed drainage plans are not adequate to provide for proper drainage
of this site and of surroundlug areas.
~. The proposed plan does not adequately provide for the safety of the occupants
in the event of a fire.
5. The proposed plan does not adequately provide for safe ingress and egress
from the site and therefore does not provide for the safety of the proposed
occupants as well as the residents of North Andover.
The vote on the motion was unanimous to deny the permit. Mr. Serio read the
entire decision and findings, which material is on file with the Town Clerk and
with the Board of Appeals records, and may be referred to in the files.
HEARING: Chestnut Estates Trust.
Dr. Beliveau read the legal notice in the appeal of Chestnut Estates Trust
who requested a Special Permit under Section ~.11 (3) of the Zoning By-Law so as
to permit the extension of the General Business zoning regulations an additional
100 feet, on the premises located at 670 Chickering Road.
Mr. C. Lincoln Giles appeared as trustee of Chestnut Estates Trust and explained
that he had purchased the property in October, 1972 from Henry Lund and had assumed
that the entire lot was zoned General Business. The Building Inspector had also
assumed this and a building permit for the foundation was issued. Now he finds
that the business zone extends back from the front lot line approximately 250 feet
so that a portion of the existing foundation lies beyom~ the business area. The
Zoning By-Law allows the extension of zoning regulations when a parcel of land is
divided by zoning districts. A branch bank will be built in the front portion of
March 28, 197~ -cont.
the lot. The other build4ng would have a pharmacy, gift shop, men's and ladies'
specialty shops, convenience food store that would sell milk, bread, etc. - not
a super market and there would be no soda fountain. There would be nothing that
would cause a congregation of youths, etc. The second floor would 'have doctors
and lawyers offices and a small dining area. 139 parking spaces ~ be provided}
the area will be lighted and shrubbery will be provided. There will be one access
way from Chickering Road and two from the Meadowview apartments road. The project
will cost approx. $700,000 and would help the town's tax base. Mr. Giles said he
has had offers for a Kentucky Fried Chicken and other fast food service.businesses
which would be allowed in the General Business area, but he doesn't want to go
that route. But if finances get bad, he will have to sell the land and anything
could come in which would be allowed in a ~eneral Business area. He feels what
he is proposing is a good thing with attractive buildings and uses that would be
good for the town and the townspeople.
Atty. Robert J. White, 3~5 M~t~ St., Haverhill, spoke representing Mrs. J. Elaine
Griffin, Chickering Rd., who opposes the petition for several reasons.
He questions whether that particular section of the By-la~' is a legal provision.
If this petition is granted, Mrs. Griffin will test the validity of the By-law
in the courts. He said this petition exceeds the authority of the town and the
court has rules that a variance is in order.
Building Inspector Foster said this particular section of the By-law was discussed
thoroughly before its adoption. John Brogan, the planner, said that particular
section was legal.
Atty. White objected to the plans because they did not show the square footage of
the lot and how much area is in each sections. He feels the. plans should be re-
submitted to show the correct figures.
Member Frizelle made a motion to take the petition under advisement pending sub-
mission of a revised plan with the square footage computed thereon, with a copy
to Atty. White. Mr. Salemme seconded the motion and the vote was unanimous.
Decision o~ Good petition:
Member DiFruscio made a motion to GRANT the variance upon the petition of
John J. Good;.Dr. Beliveau seconded the motion end the'vote was uuanimous. The
Board found that there is a hardship because of the existing conditions on the lot,
such as, the area being wet, the town cutting a culvert through their lot and the
location of the septic system and tank. The fact that the immediate ahutter's
home is located some 39 feet from the lot line,provides ample distance between
houses. Therefore~ it would'be in keeping with the intent of the By-law and
would not deviate too greatly from the zo~ ng requirements.
The meeting adjourned at 9:00 P.M.
(Fren~ Serio' ~.)
Secretary