HomeMy WebLinkAbout1965-10-1113'7
Monda~ - October 11,
Regular Meeting & Bearings
Tbs Board of Appeals held their re~,~-r meeting c~ Monday event-g, October ]&, 1965
at 7:30 P.M. in the Town ~,~laqng. Me, rs present and voting were~ Daniel T. O'Leary,
Ch~trw~-; ~/i].liam Morton, Seoretary; Ar~ Drum~nd, James Deyo, John J. Shields,
and Associate Member Howard Gilman:
HEARING: NORTH ESSEX EEA~ T~ST
Requested a variation of See. 4.73 and a Special Permit under ~eotion &7 of the
Zoning By-Laws so as to permit the construction of ten (10) dwelling units of
garden apartments as shown on site pla~, on the premises, located at the westerly
side of ~_n Street; known as #168 M.t~ Street.
Secretary Morton read the legal notice. ~[r. Shields disq~,l~*ied h~mself and Assoc.
Member Hoard Gll-~ w~l~ sit in his place. Atty. Ralph E. Finck, Stewart Wilson,
Walter Green and ~arry Dow were present as the petitioners. There were two abutters
present.
Atty. Finck presented plans and drawings of the proposed apartment development a~
explained that it would not be detrimental to the neighborhood, that it is a good
location because it is adjacent to the downtown business district. Be presented
two letters in favor of the develo?~_nt; one letter from Monsignor Long of St.
~[iehael's Church and one from Rev. Fisher of the First Mothodist Church.
~ames Daw, representing his fatbe~, said he ~as in favor of the apartment developme_nt.
There ~as no opposition.
Mr. Mor~on made a motion to take the petition under advisement. Mr. Deyo seconded
the motion and the vote was unanimous.
HEARING:
RA~MO~D CATTY requested a variation of ~ec. 6.41 & 7.3 of the Zo~l~g By-~aw so as to
permit the enlargement of a retail store at 127 l~averly Road, known as Canty~s
Market, a portion of the additional area is p~d for a take-out Fish & Chip
operation. The re~.~ space will be used as a retail store~ on the premises
located at the west side of Waverly B~ad, at the corner of Union Street and known
as #127 Waverly Road.
Raymond Canty appeared on his c~n behalf. Be presented plans to the Hoard and ex-
plained that the additions would be for an outside freezer and lavatory. The fish
and chip operation would be inside the store and would only operate on Fridays.
The $~ x 8' freezer addition would co~e within 5 feet of the rear lot line and the
5~ x 5' lavatory addition would ec~e wi$.~*- 2.5 feet of the garage. The lot
tains 2,534 s~,a~e feet. Just this particular lot is zoned for General Business.
A fish & chip operation is an allowed use in a General Business District.
There were 16 people present for this hearing. Mr. & Mrs. ~ and Mr. Franci~
LeClero were recorded as opposed. There wes a show of hands of a large z.~her also
in oppositio~ The main reason for opposing wes to the fish & chip operation~
obnoxious odors, etc., it would be a traffic hazard and dangerous because of the
large number of children in the area.
Mr. Morton made a motion to take the petition under advisement. Mr. Deyo seconded
the motion and the vote was unanimous.
138
The Board then went into Executive session.
1. North Essex Realty Trust
After thorough diseussio~, Mr. Drummond made a motion to GRA~T the variance and
Special ~Permit. Mr. Deyo seconded the motion and the vote as unanimous. The
apartment development ~ll enhance the area. Gramting of the variance ~l~ not be
in derogation f--~m the ~-tent ax~ purpose of the Zoning By-Law.
2' ~ Canty.
After thoroughdiseussion, Mr. Deyo made a motion to ~NY the variance.
O'Leary stepped down frc~ his seat to second the motion. A uaa~haons v~te
taken to deny the variance. The Board feels that the requested addition would
too close to the rear lot line in an already congested neighborhood and that tBe
applicant would suffer no substantial hardship, financial or othex~ise.
Chairman O'Leary told the other members that one of the Salec~-,~n had called ~,m the
other day regarding the decision of the North Andover ~Asin__g Authority. The decision
had been turned into the Town Clerk on Thursday. The Selec~,~ had asked him to hold
it back ~mtil they could meet with the Board, so the decision was held up.
Mr. G~w~.- questioned wh~ it should be held up. If a decisio~ has been turned into
the Town Clerk, it's f~led. Mr. 0'Leafy said it hadn't been officially st- .mpe~ yet
by the Town Clerk. Be said Bill Finneran called him at work.
~r. Morton said he was at Stadi~a Lanes and somebody c~me up to h~ and told him
what the decision was. This was on Friday night, right after the meeting.
The Board signed the necessary plans for the petition that had been approved.
The Board signed the fo~_low~-~ bills:
Daniel Cahill $6.00
The Board then left to meet with the Board of Selec+~n.
The meeting adjourned at 9:30 P.M.
Clerk