HomeMy WebLinkAbout1969-03-10Monday - March 10, 1969
Regular Meeting & Hearings
The BOARD OF APPF~S held their regular meeting on Monday evening, March 10,
1969 at 7:30 P.M. in the Town Office Building with the following members present
and voting: James A. Deyo, Chairman; Donald J. Scott, Daniel T. O'Leary, Arthur
Drummond and J. Philip Arsenault, Esq.
Therei were 3 people present.
1. HEARINg: Alcide Charest.
Mr. Drummond read the legal notice in the appeal of Alcide Charest who re-
quested a variance under Section 6.33 of the Zoni~ By-Law so as to permit the
transfer of a back portion of land on the premises located at the east side of
Salem Street; at the corner of Appleton Street and known as 338 Salem Street.
Atty.i Walter B. Lebowitz represented the petitioner and stated that the small portion of land
shown as "E2" and having some 13,~00 sq. ft. was of no reasonable use as a physical
part of Lot E. The owner of Lot C, whose land abutted the area "E2", could put said
area ito good use. The land would be conveyed to Mr. Grassi, owner of Lot C.
Mr. Buturlia, an abutter, said Charest has a garage on his property that is illegal,
is too close to the lot line and he never got a building permit for it. Mr. O'Leary
said ihe would like to find out from the Building Inspector why a permit was never
issUed. Atty. Lebowitz said it was just a temporary buil~tug to store furniture,
that lit is going to be moved.
Mr. ~cott made a motion to take the petition under advisement. Mr. O'Leary
seconded the motion and the vote was unanimous.
The Board then voted on the petition. Mr. O'Leary made a motion to GRANT the
variance. Mr. Arsenault seconded the motion and the vote was unanimous. The
reasons are~
1. Granting the variance will not deviate from the intent and purpose of the
Zoning By-Law.
2. The land as situated is of little use to the owner and could be put to good use
by the proposed recipient.
3. This variance is approved only to the extent that that portion of Lot E, marked
E2, on accompanying plan maybe transferred only to the owner of Lot C, as shown on
the same plan.
&. Denial of this application would cause hardship, financial or otherwise, to the
petitioner and would not permit reasonable use of the land.
NORENREALTY, INC. -Earth Removal Permit:
Ch~i~manDeyo said he had contacted the Boardof Public Works and the Highway
Surveyor and they said they would like some of the fill from this area. He also
called Mr. Marino who said he could not give any guarantee as to whether or not some
of the earth materials could be given to the town. The board di~cussed the degree
of levelling the property and said 360 ms ~oo nmgn and that a 30 slope would be
better on exterior lines, or solid enbankment, concrete possibly.
March 10, 1969 - cont.
Mr. O'Leary made a motion to grant the special permit for earth removal; Mr.
Arsenault seconded the motion and the vote was unanimous. The conditions are as
follows:
1. A performance bond in the amount of $15,0OO shall be posted with the town of
North Andover prior to any excavation.
2. All costs incurred in the execution of said bond shall be borne by the
petitioner.
3. This permit is for a one year period and may be renewed on request and favorable
report from the Building Inspector.
4. Excavation is limited to the area submitted with this application.
5. The slope or repose angle of excavation along the eastA south and westerly
boundaries of the six lot area shall be no greater than 30'.
The meeting adjourned at 9:30 P.M.
(James A. Deyo)
(Anna Donahue)
.Chairman
Clerk