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HomeMy WebLinkAbout1969-08-11Monday - August ll, 1969 Regular Meeting & Hearings The BOARD OF APPEALS held their regular meeting on Monday evening, August ll, 1969 at 7:30 P.M. with the following members present and voting: Arthur Drummond, Cb~wman; Daniel T. O'Leary~ Secretary; Donald J. Scott~ J. Philip Arsenaultt Esq. and Donald J. Leonard (newly appointed member). There were 16 people present. 1. HEARING: Louis Nardozza. Mr. 0'Leary read the legal notice in the appeal of Louis Nardozza who requested a variation of Sec. 6.32 of the Zoning By-Law so as to permit the division of three existing lots into two lots which would not have the required area of 25,000 sq. ft., on the premises located at the east side of Waverly Road, known as ~32 Waverly Road. Atty. Thaddeus J. Palys represented the petitioner and explained the division of the lots; one comprises 15,OOO sq. ft. and the other 12~680 sq. ft. Abutters recorded in favor of the petition were William F. Marcotte, Jr. and Mr. and Mrs. Dennis Evangelos. There was no opposition. Mr. O'Learymade a motion to take the petition under advisement; Mr. Scott seconded the motion and the vote was unanimous. 2. HEARING: Robert L. Shea and James M. Murphy. Mr. O'Leary read the legal notice in the appeal of Robert L. Shea and James M. Murphy who requested a variation of Sec. 4.04 and ~.ll of the Zoning By-Law so as to permit the remodelling of an existing structure now housing two family units, to accommodate four families; on the premises, located at the west side of Elm Street approx. 100 feet from the corner of Water and known as 9~-96 Elm Street. He also read the Building Inspector's refusal. Atty. John J. Lynch represented the petitioners and explained that the building was erected previous to the adoption of the present Zoning By-Laws. This is an old area which contains several build~ngs used for multi-family dwellings and no apparent changes would he made to the b.,i]d~ng's exterior. There was no opposition. Mr. Scott made a 'motion to take the petition under advisement; Mr. Leonard seconded the motion and the vote was unanimous. 3. HEARING: Watson Earth Removal Due to the work stoppage on the missile site on the access road, this hearing was .called to consider the removal of certain restrictions imposed under a pre- viously granted permit dated October 29, 1968, issued for the sole purpose of supply- ing the aforesaid missile site or access road, from the premises on the north side of Salem Street approx. ~,0OO feet from Ingalls Street. Atty. John J. Lynch represented the petitioner and stated that for reasons of economy, it was necessary for the delivery and sale of these two materials to other sites and that any restrictions thought necessary by the Board would be complied with. John J. Walker and Charles H. Foster spoke in favor of the petition. August ll, 1969 - cont. Mrs. George Adams, Mrs. Dolan of Middleton, Mrs. Lachappelle, Mrs. Boudreau were opposed to the use of adjacent streets by trucks going to and from the pit due to the narrowness of the streets and the number of children living in the area as well as the speed at which said trucks travel. Also, many of the vehicles do not cover their loads as required. Mr. O'Leary made a motion to take the petition under advisement; Mr. Arsenault seconded the motion and the vote was unanimous. ALBERT STEINBERG: Albert Steinberg appeared before the Board. Charles Foster, Bldg. Inspector explained to the Board that he rescinded Mr. Steinberg's apartment permit. He had built a structure and was told to stop. Mr. Steinberg wanted to come before the Board but apartments were voted out. He doesn't know what relief can be given. The Board advised him that apartments are no longer allowed and that all he can do is build a two-familyhome. The Board discussed and voted on the petitions. 1. NARDOZZA: Mr. O'Learymade a motion to DENY the variance; Mr. Arsenault seconded the motion and the vote was unanimous. The two proposed lots would be too smalls one comprises 15,O00 sq. ft. and the other 12,680 sq. ft. The denial of this petition would cause no substantial hardship to the applicant. 2. SHEA AND MURPHY: Mr. Scott made a motion to GRANT the variance; Mr. O'Leary seconded the motion and the vote was unanimous; with the condition that the Building Inspector be consulted about adequate exits. 3. WATSON EARTH REMOVAL: Mr. Leonard made a motion to GRANT the special permit subject to certain conditions; Mr. O'Leary seconded the motion and the vote was unanimous. CONDITIONS: 1. The earth removal is somewhat remote and not connected with all normal utilities. 2. Granting the permit will not be detrimental or injurious to the immediate neighborhood or against the public's general interest. 3. The petitioner's request is reasonable and to deny it would deprive the peti- tioner of the reasonable use of the land. Conditions: 1. This permit is limited to one year from date and that upon application to the Board of Appeals at that time without need of a public hearing but contingent upon a report to be filed with the Building Inspector that the operation is satisfactory, a renewal may be granted. 2. That the performance surety bond in the amount of $10,000 now on'file be continued under the previously stated conditions and updated for the ensuing year upon its expiration on November 1, 1969. August 11, 1969 - cont. 3. That all cut slopes be restricted to a maximum of 25 degrees and that all stones or boulders uncovered by excavations and not used, be buried. 4. No excavation shall be made within 50 feet of the access road and within 75 feet of a small brook running through the area. 5. All trucks either going to or returning from the earth removal site are prohibited from using any entrance or exit other than the access road excepting authorized Town of North Andover vehicles. 6. Every truck hauling gravel or sand must have their loads adequately covered. 7. All stripped loam from the area shall be stocked for use in restoring the area and the said restoration must have a minimum of six inches of loam applied. 8. Also the submission of complete plans for the information of the Building Inspector and to be drawn up in detail. The meeting adjourned at iO:OOP.M. Chairman (Arthur R. Drummond) Clerk (Anna Donahue)