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HomeMy WebLinkAbout1965-08-30Special Meeting - August 30, 1965 Continued Hearing The Board of Appeals held a special meeting on Monday evening, August 30, 1965 at 7'.30 p.m. in the Town Building with the following meubers present~ Daniel T.. O'Leary, Chairman; William Morton, Secretary; Arthur ~-~u~ond, John J. Shields and Associate Meuber Howard ~[lman, who sat in place of regular member James Dey~. This special meeting was called for the continued hearing for the Line Lumber Company which was called originally on August 23rd. ~t was moved and seconded and unanimously voted to adjourn the meeting to the Fire Station Meeting room since there were over 40 people present. After same discussion, it was agreed by all concerned that an Associate Member would not sit in the absence of ~r. Deyo since it Was a continued hearing and that the original members should sit; that the hearing would be conducted with a four-man Board, which means that a unanimous vote is necessary in the final decision. Atty. A~raham Aboumader represented Albrite Carpet Cleaning Company, stating the company had been in business for over 25 years serving the Greater Laurence area. They ere forced to vacate their premises in Laurence because the City needs the area. This particular area is zoned Industrial and there is no other land avail- able to go with the let. He explained how the coupany works - that there are no obnoxious odors end no chemicals used. They only have tm trucks and that there would be no traffic - JuSt pick-~p and delivery. Atty. Ralph E. Finck represented a number of the abutters that were op~sed. He stated they wanted the neighborhood to stay residential. There are many children in the area which would present a safety problem as to traffic. He said it ia an ebnoxinu8 business which could have a serious effect ~on the children health-wise. There is no hardship involved since there ere other areas that could be available to them. He said the legal notice was inadequate because it did not seats the request for the reduction of lot size. He questioned the signature on the application since it Was not that of the applicant. A petition was presented signed by 145 people who were opposed. They want the neighborhood to stay residential - for many years this area was strictly residential. The other business in the area was there prior to the adoption of the Zoning By-Law. The people have spent a great deal of money to settle there and raise their families. In all fairness to the people in the neighborhood it should be maintained residential. He thinks that the Planning Board zoned this property Industrial to get a proper line of demarkation to set a line between resi- dential and induatrail area. They left it Industrial ~L~, which requires large set backs, etc., in order to protect the people in the eros. Zt ~ade these people's properties into non-conforming uses. ~t would devaluate the properties if this concern was allowed to Build in the area. Safety factort There ere 25 children, many are under school age. ~ St., Hedges St., & Belmont St. are narrow streets - there ia no particular access to the property - ~he Board should take that into consideration. Ran7 trucks will be cou~g in and out caneing confusion traffic-wise. There is hardly enough room in front to park. ~ey Street will always be congested. There is a situation now e3isting at Hain & Hay Streets. It poses a great problem to people in the area. Health issue~ This is more or less of an obnoxious Business. Certain chemicals are to be used. There has to be some way to dispose of the f~es - there has to be Same sort of a v-~ting system. Could have a smog in the area. They have suffered enough frou the Lawrence d~m~. It could have a serious effect upcu the children health-wise. 122 August ~0, 196~ - ~nt. Hardship= There is abeolutaly no hardship in this case, _Albrite Carpet Cleaning Co. is in the process of being moved out of the cit7 of Lawrence, It is Arty! Fi_nck~s e~derstanding that they have purchased properties on ¥inthrop Ave. That would be an ideal ~pot for this type off Industry. The people are of the opinion that they have been duped. They thought that this area las to be residential. They are going to Town Meeting to have this area re- zoned to residential. He referred to the lot size for Industrial ~La area. The size of this lot does not conform. There is nothing in the petition to bring the property d~wn to Industrial #8" size. There is nothing about barying lot sizes. ~t is for She erection of the buildi~ that they are applying' for. There are many other areas in North Andover and Lawrence where they can go. Any- th~ng that the t~n of North Andove~ might gain ~uld be a detriment. He respect~Ally requests that the Board deny the variance. The newspaper no+ice doesn't ~ention anything about the lot being undersized. Any notice sent out must state clearly what is going to be done - it says nothing about the reduction of lot size. The Board should dismiss this petition. Atty. Finck says he medes a ~otion that this petition be dismissed because the legal notice ia inadequate. (The Board advised him that he cannot ~ake a motion but can made a recommendation. ) Atty. Abraham Abon~ader, Central Building, Lawrence, Nasa., spoke, representing Albrite Carpet Cleaning Co. He stated this company had been in business for ever 25 years serving the Greater Lawrence area. They are now forced to vacate Because the city of Lawrence needs the area. This area is zoned Industrial. There ia a requirement with reference to the Ind/etrial zone that they have a ~pecified area and certain set-backs. Line Lumber Cc~pany purchased this lot and recorded it at 33,098 sq. ft. There is no other land to go with it. There is a hardship. The lot does not conform to size or regulative and cannot he used for anything unless this is allowed. Railroad tracks are in the rear. The variance should be granted because of the size of the lot and the nature of things. He wants to make it clear how the co~any works. There are no chemicals used in the cleaning of rugs. Detergents and water are used. There are no obnoxious odors. They have received national awards for their type of cleaning. They only have two trucks and that is all that would operate from there. There is no traffie~to speak of , just pick-up and delivery. He read the letter of refusal from the Building ~uspector. He respectfully requests that the B~rd grant this petition. Atty. Finck said he doesn't think this type of business beluga here. The town goofed in not protecting their rights by zoning this area as Industrial. No business has been in that area for a great number of years, only a garage. The legal notice did not ask for a reduction on the lot size. Nember Norton asked if a laundry did exist there once. The abutters answered that it was the Campbell Wiper ~upply Co. a long ti~e ago and the building has since been torn down. Nether ~hields questioned Atty. Finck about a statement he made about this lot being set up as a buffer zone (Finck had stated he was a member of the Planning B~ard at the time of the adoption of the Zoning By-Laws.) August 30, 1765 - Cont. Atty. Finck answered that a buffer zone was set upall along this area and that this be zoned Industrial ~Le. Why should ~ atop at Main Street? There is no mistake there - it ia a line of demarkation. Member Shields aaid 'You mean that it was deliberately aet up so that the land can never be used?" Atty. Finck said "It was setup to protect the ipMustriea that are there new.~ ~e didn't think they intended that it housed industrially. The people feel they ware duped because they were put under a new, conforming uae. Nember Shielda questioned the petition that had been signed by acme 1~5 people. Were they all individual signatures? Atty. Finck said he didn't read them - he thinks they are o.k. - if not they can be deleted Just as they are in nominatie~ papera. The people ~t this variance denied in order to protect their familiea. Member Drummond asked if his understanding was correct that all of the signatures on the petitica were from people in that area. ~ince when has Johnson Street been in that area? Atty. Finck answered that the Board would find that moat of the people that signed live in the area. Member Morton asked if the actual abutters were present (immediate abutters), ~r. Faro and ~rs. Hargreaves both answered as being present. ~r. Louis M~Aloon spoke again saying he represented both Line Lumber Co. and Albrite Carpet Cleaning CO. in filling out the application. Ne stated he believes every town and city is looking for industry. North Andover should be looking for it because it will help us tax-~ise. Yt would be s help to North Andovero Line Lumber Co. had no use for this land. North Andover spent slot of money in re-zoning the town and thinks it was zoned correctly and that Albrite should be allowed to build there, Chairman Henry Lund, B~ard .of Assessors, spoke in favor of the petition sa~ing we can use all the tax property we can get. Atty. Finck said he was n~t against Industry, he wants it in the to~ra,, but not in this location. There are many other areas in the town that can be used. A spectator asked ~r. McAloon if he was going to build the lmilding. ~r. MCAleon said that he didn't know. Nember Drumuend uaked what was going to be done with the excess water. Atty. Abouneder en~ered that the sewerage facilities in the area were ammle. Teun Accountant David Roche, Second Street, wanted to be recorded as being in favor granting the petition. He stated North Andov~ needs com~aniea like this. ~r. Abdinoor, one of the owners cf the Alhrite Ce., was asked by a spectator what type of detergent was used and if carbon tetra-chloride was uaed. F~r. Abdinoor stated that they ueed Tide as a detergent and that they do not use carbc~-tet - the State will not allow the use of it. 124 August 30, 1965 - Cont. William Deyermond, 53 Hay Street, spoke saying that it isn't that they don't like the Albrite Carpet Cleaning Co. - he has been in their plant and knows of their good reputation - but he spoke of the safety of the children on the street, that it was a short and narrow street and that it would be dangerous. He says he has only two trucks but there is nothing to say he can't get more. The people in that area have spent thousands of dollars in improving and repairing their homes. Atty. Abounader showed sketches of the building, with elevations, etc. He stated that the trucks load and unload within the building - to the back. Harry Shuman, Marbleridge Road, spoke, saying he is a neighbor of the Albrite Co. in Lawrence and that their trucks are never seen on the street - they are always inside the plant. It ia one of the cleanest plants he has ever seen. Rrs. Pellegrino, an abutter, asked how many people will be employed there and where will they park their cars. Mr. Abdinoor said there are 7 employees and that they will make room for +.hem to park. William Cardello, Hay Street, asked that when they get in there who will enforce them. Chairman OtLeary answered that the Building Inspector is in charge of enforcing the Zoning By-Laws. There was then a heated discussion among the abutters as to the oonditions of the garage in the area, how many cars are parked there, etc. Mr. Giard, proprietor of the garage spoke saying that he has a permit for five cars to be outside, the others are waiting to be repaired. He doesn't see where there are any laws broken. Mr. Shields ma~e a motion to take the petition under advisement. Mr. Dr~___w~ond seconded the motion and the vote was unanimous. The Board then returned to the Town Building office to go into Executive session at 8s30 Atty. Ralph E. Finck appeared before the Board requesting information as to a ~pecial Permit for an apartment developmentfor housing for the Elderly. It may be necessary to call a special meeting since everything has to be straightened out for the State by October 13th. The Housing Authority has to come in for a variance and a special permit ~ecauae they ha~e only 450 fqetft, per dwelling unit and the By-laws call for 700 sq. ft. The Board members were agreeable to calling a special meeting if it was necessary. After Atty. Finck left, the members proceeded to discuss the evening's hearing. Mr. ~a;~mond made a m~tion to Grant the variance. Mr. ]~orton seconded the motion Hr. Morton, Mr. llrunmond and Nr. Shields voted yes. Mr. OULeary said he wanted to think about it a little more - he would like to see the minutes and go over them again. Nr. Shields said he w~ld move for reconsideration of the motion. Mr, Norton seconded and the members voted yes. 125 August 30, 1965 - Cont. This motion negated the earlier action of the other three ~ard a~t~ms. Mr. O'Leary said he would like to contact Town Counsel in regard to' the way it was written up , especially about Nc&loon. Mr. ~ields said Town Counsel has already made it clear to ua abc~t our decisions - we make the decision and he takes it from there. Mr. O'Leary said he would Just as soon not vote ma this tonight - he would like about a week. Ee will contact the other members when he is ready to v~te on the hearing. The meeting adjourned at 9:30 P.M.