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HomeMy WebLinkAbout1977-09-19September 19~ 1977 - Monday Regular Meeting The BOARD 0FAPPEALS held its regular monthly meeting on Monday evening, September 19, 1977 at 7:~0 P.M. in the Town Office Meeting Room. The following members were present and voting: Frank Serio, Jr., Chairman; Alfred E. Frizelle, Vice-Chairman; R. Louis DiFruscio, Clerk; James D. Noble, Jr.; Ralph R. Joyce; and Assoc. Members, SandraMunroe and Richard J. Trepanier. PUBLIC HEARINGS: 1. SCHRNE~DER REALTY, INC.- The legal notice was read by the Clerk. Variance requested from Sec. 6.3, 7.2 and Table 2 of the Zoning By-Law. Richard M. Sullivan was the attorney re~resenting the petitioner and showed the existing s~ructure and proposed structure by snap shot. He told the Board that the lot area is adequate, the height and frontage will comply. The front setback minimum from the property line is not sufficient and will only be about 12 ft. The side setback should be 25 ft. and, depending on where it is measured from, it should comply. The rear setback complies as it is presently drawn and the lot cover is adequate. Amoco's engineer stated that the canopy is 6 ft. from the property line on the Dufton Ct. side and 5 ft. from the front property line and the pump island is 10 ft. Ail of this is subject to the approval of the State Fire Marshall. There will be a deluge sprinkler system under the canopy, convex mirrors giving cashier 360° visibility. The station itself has been in existence over 50 years and was originally owned by a man named Dufton. They would like to update the present building which is 26 years old and drew analogy to the super market of today. It was noted that Mr. Schruender owns both parcels of land which includes Richdale, the bank. George Sch~uender: This building does not look that good, we ha~ complaints from the neighbors and now we have the opportunity to not only fix up the area but also the building. Ail the land around the business area is in ownership that no one objects to. The present building does go on to Dufton Ct. We will continue to own the site and have no intention of selling in the future. Mr. Frizelle stated that he had not shown anything under Sec. 7.2 and 9.5, hadn't sho~m hardship. Mr. Sullivan said that under 7.2 a description of the table was adec[uate. And, 9.5 - inasmuch as it is already a gas station it will not hurt the neighborhood. He stressed a need for what they are requesting; didn't feel it is contrary to the original drafters intention in regard to the Zoning By-Law; it would involve substantial hardship financial or otherwise to the applicant. It will just be an outlet for gas, no repairs. Mr. Frizelle asked how it would create a hardship if the existing building were to be kept. Sullivan - the adjacent property is owned by the petitioner and this reduction in price of gasoline would result in savings passed on to the public. The public and the Schru- enders~ will benefit. Henry Sarasoli, Amoco real estate - In order to market competitively we have to go with self-service stations; we have been extremely well received in Stoneham, Canton, and throughout New England; they are very attractive and modern facilities, far less offen- sive than a garage, ~mk cars, etc. Geo. Schurender - this parcel is all general business and has been for 20-25 years. The real hardship, as far as I am concerned, is because we didn't have the money to build a new station like what is there and Amoco says they will build it their way. Mr. Frizelle asked what their plan is for access - existing ppenings on Chickering Rd. and Dufton Ct. Sept. 19, 1977 - cont. Letters from the Planning Board and Building Inspector were read and are on file. OPPOSITION: Frank Caslmuan - I do not k~ject to Mr. Sch=uender but I do have a hassle with the major oil companies, they will erode the price and put the competition out of business. Jim Winning - as far as the "pig pen" that was claimed to be in that area, the landlord certainly must have had something to say about the conditions and, if not, why does he have something to say now? I invite anyone to come and view my station, it is as clean as any. ~Ir. Johnson, ~7 Chickering Rd. stated opposition. Ray Letourneau - if you will let one self-service come in, you will have a dozen. If you need repairs w~ give them to you, the major oil companies want to make the complete profit. Have nothing against Mr. Schruender, but he could have fixed this along time ago. Why did he refuse the man the new lease? Did he give the man the opportunityto clean the p~ce up? There is a safety factor involved - someone with a cigarette, a 16 year old. Instead of helping the people of N. A. you will be hur~ing them. Tim Matson, Merrimack Service Center - If you allow these t~rpes of stations to come in to Town 5 or 6 people are going to lose their jobs, it is not going to draw anyone into the Town. If you have a complaint you can tell the service man, can you tell the oil company what you want? Atty. Sullivan stated that the oil company is not going to run the station. Mr. Frizelle questioned who would manage the station - he was told that they sublease it to one individual, they don't salary operate it. ~rank Cashman felt that eo~on sense would dictate that they go for a permit before a variance. J. Winning stated that he understood there would be no self- service stations in North Andover as far as the Fire Chief is concerned. Atty.. Sullivan stated that the operator would have to comply with the Town by-laws in regard to station hours. Mr. Frizelle made a motion to take the matter under advisement and Mr. Di~¥uscio seconded. The motion and second were withdrawn after a short discussion. A motion was then made by Mr. Joyce to continue the hearing until the next meeting in order that the BOARD can receive and review information from the Fire and Police Chiefs. Mr. Noble seconded and the vote was unanimous.