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HomeMy WebLinkAbout1975-05-12May 12,. 1975 - Monday 2 Public Hearings The BOARD ~F APPEALS held its regalar monthly meeting on Xonday evening, May 12, 1975 at 7:30 P.M. in the Town Office Meeting Ro°m. The following members were present and voting: Frank Serio, Jr., Chairman; Alfred E. Frizelle, Vice-Chairma. n; Dr. Eugene A. Belive~u, Clerk; William N. ~lemme, Louis Dil~ruscio and Asso. Nembe~ James D. Noble, Jr. Approximately 25 visitors were present. DISOUSSI(]N 0~ H(~SIN(~ APPEALS CC~NIT~E DECI~I(~ (E AROHDI00E~N PROJEOT~ Mr. ~alemme made a scsi°n to call a special meeting en Tuesday evening, Nay 20, 1~75 at 7:30 P.M. in the ~ire ~atien Meeting Room on this ~ubject ~ue to the fact that nome of the members have ~=~ a cha~oe to read the ~ecision as yet. Mr. ~rizelle seconded and the vote was u~a~imous. 1. NICHOLA~ ARTIMOV~CH -- S~lem Mrs. J~net Artimovich presented the petition following the re~ding of the netice By the Clerk. Her brief stated that in 1950 they purchased this land with the idea that one day their children could use it, but in 1956 a new frontage requirement was imposed which limited the land to one house lot. They have tried to negotiate with the New England Power Co. in order to gain the necessary frontage but they are unwill- ing to sell. There is a pessibility that North ~-~dover Asso. may put a read in but it is not there at the moment and it would take another year to see about this. It is the second time they have purchased land in North ANdover and have been unable to use it. Mrs. Ar~imovich said that the granting of the variance would meet the intent of the by-law as far as the spacing of the houses goes even though the frontage is not there. Sidelines and area are in eenforma~ce and to deny the variance would put a hardship, financial or otherwise, on them. We have 4 mores of land without enough frontage and would like to give cur son half of this to build a house. Charles ~oster told the BOARD that apparently the old Fuller Estate had rights-of-way across the railroad land and, North Andover Associates who now own the eetate were able to negotiate with the Power Co. because of this. Under the zoning we try to keep the h~uees spaced cut and even theugh they are not able to purchase any additional land they will s~ill have the same purpose and meet the zoning By-law. It was noted that there is presently a house en Lot B. Tom Abate, an abutter, spc~e in favor saying that he would like to have them build there. There was no opposition. Dr. Beliveau stated that he doeSn't see arAv problems with this and made a motion to take the matter under advisement until the nex~ meeting. Mr. Frizelle s$conded and the vo~e was unanimous° The BOARD will view the property this week and make a decision on Nay 20th. Ye,y 12, 1975 - coat. CH~RI~ ~TSES (Ch&rles Construstien The clerk read the leal notice. 9o Willis, St, as co-cotaselo John J. Willis, Sr. represented Mr..Matses with John Mr. Willis stated th&t ~n consultation with my client, Mr. '~tses, he has no desire to' o]rtain a special permit for a~ auto service and filli~ station and wishes it no~ to Be considered in this petition. He presented each member of the BOARD with a legal ~rief. He opened his presentation by stat~-g that most of the BOARD should be familiar with the locatiou of the old industrial complex. It is located at the corner of No. Main SS. and ~ut%ou SS. and it is the original woolen mill o~ned by ~utton. There is a spillway which runs through the proper~y and is in a zone known as Industrial S. It applies ~nly to those particular areas that were in this area when the new Zoning ~y-Law came into effect. It is surrounded by o~her retail activities - ~ride, Grimes, United Parcel, ~tC. The parcel is buffered by 2he railroad and there is no other parcel of land in this community which h~s a character such as this. Mr. Matses has found that this type of building is not readil~ adaptable to a diversity of industries and has reduced it to a two-story building. Mr. M~tses was introduced to the BOARD and voiced his concern about the weave shed and stated that he would like to put a small shopping mall on two levels at the site. Mr.' Willis terms this a multi-district use and there is no provision in our by-law for this type of thing. We, therefore, looked for what we felt would be the proper approach tO allowing this project and at the same time retaining the controls that ~re necssaary, s~id Willis.. He then suggested eliminating the prefix "non" from "non-retail" in Section 4.131 of the Zoning By-I~w and felt that the BOARD does have the power to vary in this regard because the use is not being chard-ed. It will not dster~from the district, the traffic ~ill not increase and parking will be ex~ensive and all off-street, said Mr. 'Willis. They propose tO eliminate the~small sandwich shop and there will not Be an increased load on public utilities. Also, they are on sewerage. The proper~y has increased in valuation in 13 years of $130,000. There has been a su~s$~ntial tax increase and the are~ ~has pro- vided work for a number of people. He commented that it was the inten~ of the Industrial "S# District to have industrial and commercial uses but it did not provide for retail uses. Insofar as a special permit is concerned, it is contemplated that a lessee will have an eat-in delicatessen, sm~ll clothing stores, sporting goods which are all retail in char- acter and the petitioner feels that this would be in the best interest of the Mr. Willis stated that he needs the assistance of this BOARD because he cannot find evi- dence showing that the proposed use would be the allowed use and didn't seek re-zoning due to the fact that they didn'~ know what to re-zone to in order to include this multi- use. It is a zone that will no longer exist in the future because Ind. #S" is just a con- cession to existing usee prior to the adoptien of the by-law. Mr. Matses spoke in favor 9f the petition saying that he had made an attempt to lease the building but the type of lessee he could get would not even pay the taxes. Felt that he couldn't induce any type of tenant that would be an asset to the Town the way it stands now. He has received many inquiries with regard to retail use and additional office space and may have some light manufacturing (electronics, etc. ) also. Mr. Serio inquired about the pend and Mr. Willis said they would do nothing with i~ it must be maintained within the area only. The whole parcel 'is 3.43 acres. Mr. Salemme asked Mr. Matses about the restaurant and the reply was that there was nothing definite yet but that it would probably be a delicatessen. They are asking for a variance on the entire parcel not just the site of the building. The pond serves no purpose now, said Matses, and eventually they may want to build a sluicewa~ and utilize it. Mr. ~tou Osgood, representing %he Historical Commission, .stated that he was in no Nay 12, 1975 - cont. opposed to using the mill property to its best advantage, but is concerned with the aesthetics of the little red house owned by the Commission. He would also like to see that the Brook does not get filled up again with trash and that there is a fence put up along the property to keep some of this debris out. Mr. 0sgoed felt that the pond area should not be, included with the mill building. Ted Phelan, Assessor, stated that we do need new business in Town for revenue and the building is there with the potential for taxes and was in favor of making it useful. Mr. Serio.read the letter from the Planning Board dated Nay 7, 1975. Mr. Patricia C. Trombly, Conservation Commission, stated that she was not really opposed but questioned what they would do if they are granted the variance and then the business fails. T~e BOARD can put provisions in the special permit to safeguard against a McDonald's or the like. Mr. Willis commented that we have to have faith in the developer and in 13 years Mr. Matses has shown good faith. Mr. Di~¥uscio made a motion to take the matter under advisement. Nr. ~rizelle seconded and the vote was unanimous. GILBERT REA - REMEMAL OF EARTH REMOVAL PERNIT: Due to illness, Mr. F~izelle left the meeting and Mr. Noble sat on this petition. A letter from Mr. Rea dated Febx,,~ary 10, 1975 which requested renewal was read. The Building Inspector's letter of May 12, 1975 was read and he then gave an oral report. Mr. Rea is housing a good part of his equipment under cover. Part of the site has been seeded and there are no steep vertical Banks over 10 ft. high. Water is drained down into the center and is taken from there by a pipe out to Chestnut S%. He does not take a great amount of fill out each year. Mr. Rea stated that he hasn't had any large operation for 10 years but the life of the pit is indefinite. The area nex~ to Chestnut S~. has been restored and seeded. Mr. Saleratus commented t~t it is a nice olean site. IN FAVOR: Mrs. Patricia Trombly s~ated that most of the ~h Removal By-Law was based on Mr. Rea's pit which was used as a model. A motion was made by Dr. Beliveau to renew the permit for I year and bring the bond up to date. Mr. Di~rusoio seconded the motion and the BOARD concluded that the permit would run from May to Nay and the bond from July to July. The vote was unanimous. NORE~ REALTY DISCUSSION: The BOARD decided to send another letter to find out what their intent is and the reason they have not restored the area. Letter from Conservation Commission Re the appeal by the Planning Office for Urban Affairs to DNR was received and rea~. Letter from Bicentennial Committee was read and filed. This was in regard to the July 4th celebratic~. CHRISTOPHER ADAMS: Mr. Adams presented his case as to his Earth Removal permit. He feels he has a small area and is trying to improve his property. He tried, he said, Nay 12, 1975 - cont. to comply with wh~t Ch~rlie Foster ~mnted him to do and thinks he more th~n showed good faith. Requested the BOARD to renew the terminated permit. Some grass is starting to grow and slot of the top soil has washed away. He would like to put the brush in a pile and wait until spri~ for burning. According to Nr. Adams, he is trying to do things right. He positively will do what he is a~ked and will continue the bond. Mr. Serio asked what more he wants to do and Adams stated that the left corner has to be taken care of. The BOARD commented that they could no~ renew the permit because that hms to be done within 10 days of the decision, so he will have to go for a new hearing. Chairman Serio informed Mr. Asa,s of the last decision which he can either abide by Or come before the BOARD for a hearing. Adams then spoke about coming before the BOARD wishing to appeal the Sel~c~men's decision on the parking. Actually they cannot make a decision on zoning and the question is whether or not he has a nero-conforming use to be continued. No conclusions were met. The meeting adjourned at 10 P~N. (Frank Serio, ~ (Gilda Blackstock) Chair.~ Secretary