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HomeMy WebLinkAbout1953-10-26October 26, 1953 The meeting was called to order by the Chair=~ at 7~30 P.M. in the Town Building. This was a special --ccting and alse a Public Hearing. This hea~ was advertised in the Ever~n2 Tribune en October 1~ 19%3. Members present~ P~tchard G. Whipple, Chair~an~ Andrew E. Alvino~ Secretary~ Henry E. land. Peter Ritchie and Nicholas Nicettae Associate members Benedict Perrone and Donald F. Smif_~ were- also ~esent but did ~et vet, en an~ ef the questions before the Board since the full Board ef regular ~bers were pre sent. An application was received fr~a MoTe S~evon~ & Sen~ Cee requesting variances from the Zoning ~-Laws se a~ te per, i% the division ef land en Phillips Court and als, en Harka~m~y Road ~e ~ake ~ssible the sale ef individual existing dwelling ,,~ts. The following were included on ~rkaws~ Road~ m,m~erS~ I6~17~ 20.23.25.26.36 for variance en side lines., ~ ~be £e~ ~n Phillips Court~ ~_~-~ers 42,46,50,1%,41,26 for variance of side lines and area of lots. Mr. Abbott Stevens and Mr. Ralph B. Brasseur~ C.E. were present~, Mr. Brasseur representing the M.T. Stevens C~. Mr. Brass,ur explained to the Board that the existing houses were being offered for sale to the present tenants and that %h_~s~ h~ses had been built long before zoning became effective. In setting the aide l&nes he expl~ue~ that these were places as ~early as possible to conform with the present ~equiremente for lots, but that some of the lets Just could not conform to these p~esent requirements. He also sxplaines that both Harkaway ~d and Phillips Court had been brought in on an applica+~ion f~r the approval of the Planning Board and that this approval was pending until certain requirements ef the Board had been met. He asked that the Board of Appeals give tentative approval subject to the final approval of the laycu~ of these two streets. In leo~'~,~ over the plan presented) it was ,found thst another lot ~7 and mushers 38 and ~O ~n Phillips Court did n~t ~ee~ the side ~e requirement. Mr. Brass,ur stated that this had been an oversight on his part and asked that the Board also consider this lot in their decision. The Board agreed to do this~ thus ~ the total number of lets en Phillips Court seven instea~ ef s~ as arig~y platted. Mr. Nicetta ~de a motion seconded by Mr, Ri,chi, te take Harkaway ~d. under advtsemen~etMeti~n- by Mr, Nicetta and seconded by Mr. Ritohie %e take Ph~_lips Cont, under advisement. The Boar~ then held an executive sessio~ Motion was made by Mr. Ritohie and seconded by Mr. Luna,that a variance ea the lots as referred to an the plan and including let ~7, house _nr~hers 38 and 40~ be ~ranted subject to the approval of the plan of the legout ef Philips Court by the Planking B~rd, and it was unanim~as~V voted te grant the variance subject to the approval ef-PhiLLips Court by the Planning Board. Motion was made by Mr. Ri.ohio and seconded by Mr. ~ ~hat a variance en the lets as referred te on .the plan of P~arkawa~ ~ad be g~;~nted subject t~ the approval of the la~eu% ef the plan of ~rkaway R~ad by the Planning Board and it was voted to grant the wariance subject to the approval of Harkaway Road by the pla~g Mr. &-Mrs. Paris,au of ~ ease before the Board requesting information, They · tatod that they were interested in buying a piece of property at the corner of Turnpike S~reet and Peters ~S~reet and te eperate and maintain a ~ureing home at that location. This nurs~ home would be for appreximatel~ 12 patients and that these patients would be on the second floor. They stated that they intended to occupy the first floor as their living quarters. Mrs. Parineau stated that she had operated a nursing home.in L~A for nine years f~r 26 patients and that it was getting to~ ~uoh for a woman of her years~ se that 'abe was interested in the North Andover property in order %e operate a smaller nursing home. She stated that she was fully aware of the requirements of the State and was prepared te meet beth October 26, 1953 State -~d local .reguirementso Mrs. P.ariseau was informed that it would be necessary for her* to make a fo'~'~l appli.cation to the Board of Appeals for a permit te operate a nursing home and that a Public Hearing would have to be held. Mrs, Paris,au requested that the Board set a date' for the hearing and this was set for November 9, 1953 a't 7t30 P.M. this bei~. g the next regular me'ting night for the Board, A letter was received from Atty. Robert V. O' Sullivan~ dated 9/30/53 relative tea meeting which was held ~y the Boar~ ma September 14 and continaed to ~: September 21, 1953 at which time associate member Perrone substituted for member Smith ~u the final v~te dUe to Mr. S~ith, s absence. The validity of ~ vote was .questioned by Arty O' Sullivan. (Letter in the .ceA-~espendance file). ~.i~ ...... Mr, S~Lth ~en explained to the Board that he had been designated' t~ vote at the S~ pre ~ meeting bu~t that no vote was taken on that date and the meeting was continued for &ne week. On. Se~t: 21, ~e da. to. of the second meeting~ Mr. Smith was nnable to Be present due to t~mess in his hom~ and he so notifi.ed the Chairm~ of the Board ma that night and asked ~Mej:'., Pert, ne e~ld/vo~e i~r.~s, place. There was much discussion regarding this letter from Arty O' $,,]~van and upon motion m~e by Mr. Alvino and seconded by Mr. Eitchie, it was unanimmusl~ voted ~hat a letter Be sent to At~ Elwyn A. King requesting a legal opinion on this matter and that if in his epinion~ the vote was invalid, ~ what action ~he Board c~__d take .tm effect a valid vote. (Letter in correspondance file) A nmtien was p~ae by Mr, Ritchie~ seconded by Mr. Nioetta and it was voted that the .m~_nut. es ef ~he two previous meetings Be read by the Secretary. The ~utes ef t~$h.f~ese~atings,~ were read and a motion was ~e by Mre Ritc~ie~ seconded by Mr. Lu~d, and~it was unanimous~ voted that the minutes be approved as read with the following exceptiorm: 1-I~ ,adding Tm paragraph 1 the fol. lowingt Members ~kipple, Alvino, ;Au~. Ritchie .as~ associate member .~mith sat te consider the appeal ~f Mr~ ~u~ ,R, H ..~e~ .and veto thereon, This was a unanimous vote. 2-~ adding to paragraph 2, Page 85, Members presen~ and voting were as follows~ Richard G. Whipple~ And .rew E. Alvine~ Henry E. I,,mt~ Peter Ritchie a__~ associate member Benedict Perrene~ who was designated %o vote in the absence ef associate member Donald Fe Smith, This was a ~mo~ Vote, 3-That paragraph 5, page 8~ be deleted and the following be substituted. After c~nsiderable discussion and .deliberation, upon motion made by Mr. Alvin, and du~y seconded by Mr. Ritchie, it was unanim~us~ voted te approve the petition ef ~u~ B. Howe .and to authorize the Building ~uepector t~ issue a building permit for a motel for the following r~asons. A motion was then made by Mr. Nicetta and secmnded by Mr. Lund that at all future meetings~ the minutes of the previous meeting be read a~ approved the Beard, This was a u~an~m~us vote. A ~tion was ,~de by Mr. Ritchie and seconded by Mr. Alvin, and i~ was u~ani~ mous~v voted to adjourn the meeting at 10:30 P.M. The next regular meeting be held en M~nday evening, November 9, 1953.