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HomeMy WebLinkAbout1950-05-19May 1~, 1950 Meeting called to order by the Chairman at 7:15 P.M. Members present~ John F. Alter, Chairman, Gregory Mooradkanian, Secretary, Henry E. Lund, James T. Poor and associate member Santo DiMauro. This meeting was held at the call of the Chairman. Ail members present went in a body to view the premises at 30 Church Street for which an application had been been made to t he Board reuqesting a variance from the requirements of the Zoning By-Laws, to allc~ Alfred H. McKee to main-. Sain and operate a Funeral Home at that address. The members of the Board returned to the Town Building at 8:10 P.M. after having viewed the premises~-and a lenghthy discussion was held relative to the application requesting a variance on the above mentioned property. The'board members were unanimous in their statements that they did not object to a funeral home being located at tais site but all expressed the opinion that a serious traffic problem would be created because of the narrowness of the street. QUESTION WAS 1HEN RAI$~ AS TO WHETMER OR NOT the Board of Appeals had the authority to grant such a variance because in effect it was an amendment to the Zoning By-Laws and this was. outside of this board's jurisdiction. ~fter closely studying the Zoning By-Laws and the exemptions regarding non-conforming uses, the members of the board came to a decision that the granting of this variance would be l~ e~fect an amendment to the zon~..g by-laws. Motion Was made and seconded and it was unanimously VOTED that the application of Alfred H. McKee for a variance of- the zoning by-laws be denied on the ground that the Board of Appeals did not have the power or Jurisdiction in this matter. The Board fur~er deemed that the granting of a permit in this ease would be in effect an amendment $O the zo~_iiqg by-laws, which right is sPefically prohibited to the Board of Appeals under said by-laws. (See Article VI, section 1, paragraph (d). A granting of this petition .by the Board would therefore be an unwarranted enlargement of the pc~ers allowed it Under the Zoning By-Laws of North Andover, but even if the Board deemed t~t had the power to grant suc~ a permit, it might nevertheless be reluctant to grant such a permit in this case, because of the undoubted hazards of traffic which it wou/d be likely to create, although the Board realizes that the need for a I%meral home exists. Applicationsfor renewal of continued non-conforming uses were received from F~ed Azi~.&James yelverton and bo$~were granted unanimously for another year. An application wes received from Robert P. Miller requesting approval of plans for a sub-division of property on Saunders Street. June 12, 1950 was the date set for the Public Hearing on this application.