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HomeMy WebLinkAbout1956-09-27134 September 18, 1956 Public H~aring The Ohair~ question the Board if there was any petition they felt should not be granted? The Messers Lund and Nicetta thought that Mr. Sergi should cut out the breeze~Iay. Mr. Nicetta said if the Board grants Mr. Sergi the variance the Board will be "hit" it it all along. The Board decided on the Application of Mr. Sergi .that it does not feel anything can be done under the circumstances. The meeting adjourned at 8:45 p. m. Chairman Olerk September 27, 1956 Public Hearing The meeting was called to order at 7:30 p. m. by the Chairman. Members of the Board present~ Ralph E. Finck, Chairman, Kenneth Terroux, Nicholas F. Nieetta, Henry Lurid and Associate Member, Daniel O'Leary designated to take the place of Member Alfred ~oeglin-who is apply- ing for an appeal at this date. The appeal of Effie C. Konstand~ (Charle's Steak House) was read by the chairman. Mr. Konstandin, proprietor of the Steak House restaurant wishes to erect an addition' of 1 story, 12' in hight to the existing building. Mr. Konstandin based his appeal on Article 5, Section 1, of the Zoning 0rdinances,~ also an additionsl factor that the proposed cb~ges in the Z cuing By-Law if passed by the Attorney General, that area would be zoned for business. At present area in question is zoned Residential. Judge Thompson represented the petition. He stated with the growth of North Andover, there is a need to extend the dining room, and it would also be a m-tter of greater revenue to the Town in tax~s. The new building would be on the south of the existing building. At this point he referred to the plans submitted on this appeal. Mr. Chairm~_.n queried if anyone present was in favor of the petition. There was no response. Mrs. John Griffin, 841 Chickering Road rep_l~ed that the restaurant does not ..~eed to be extended, it would meand more trucks, cars, traffic and odor. She stated she was representing her neighbors, The Kalinowski's, Lincolns, Ryans and Popwells opposed also to the petition. She further brought out it was a detriment to the properties abbutting it. From the above ~es the only abbutters concering this application of Appeal is Edward J. & ~B~a M. P~an, Jr., 850 Osgood Street, and AirRo~ rt Oomm~ ssion, City ~f Lawrence. Mr. Chairman read a letter from Mr. Edward J. Ryan, the same as ment.i.oned in above that he was opposed to the petition, and reque§$_ed he wish to go on ~ne recoru as The letter read in part as follows: This request is Just another way of m~king loop-holes in our present Zoning Laws. About two years ago, they built an extension to the present builk~g without a permit from the Building Inspector. This building was and still is in a non-conforming area and should not 135 September 27, 1956 be e~larged just to profit one individual. The people in that area have put their hard earned money into brand new homes and do not want to have their Residential area changed in any way to permit larger business b~ildings around their hemes. Mr. Alfred DeFusco, 1 Peterw Street, opposed to the petition. Mr. Edward Mallory, 10 Cotuit Street, stated he does not care to have any new businesses or any expansion on Chickering Road, or at least until the new Zoning Lmw goes through. Judge Thompson, "if one expects the growth of North Andover, one has to get used to this sort of thing. It might be well to have in mind if this area becomes business, then probably no appeal tb this Board will be necessary. Maybe the applicant could go right ahead building." Mr. William Wilkinson, 159 Prescott Street, is opposed to the petition. Mrs. Griffin in reply to Attorn~ Thompson, at the time she build her home, it was zoned for Residential, and the petitioner cbe~ged his restaurant without any "ifs" and "ands." Judge Thompson brought out that two thirds of the townspeople have voted for this particular area to ~e a: Business District. Associate Member, O'Leafy made a motion, seconded by Mr. Lund t~t the m~tter be take~ under advisement. ~l in fair. The application of Donald P. Bootmau requesting a variance on Section 3~ Article 4, of the Zoning Ordinances on lots 16 and 17 Osgood Street, for the purpose cfa single family dwelling, based on hardship when pmrchasing lots he felt he could build,upon. Mr. Bootm~ stated that Charles T. NcKfnn~ abbutter, has his driveway and garage on his (Mr. BoOtman) lot line. He does not want Mr. McKinnon to move his garage and driveway. Mr. Bootman presented no plans to the Board~ Attorney Thompson took the flo~r and questioned the Board if he could post-pone the Hearing until a proper set. of plans were presented to the Board. Mr. Chairma~ questioned if any abbutters were present. Attorney Salisbury would like to ha~ a correct set of plans, and has no objections to not posting the~ H e~ring in the paper. The Board will act on this case on that basis. Appeal of the A & A Concrete Products Cc., ~1 ~aldwin Street, Alfr~ Boegli~ petitioner., was read by the Chairman.requesting a variance of Sections 1, Articles 5 and 6 on th~ Zoning ordinances. The premises affected are on the west side of Osgood Street, on the corner of Wayne and Osgood Streets, number 364. The applicant wishes to use the existing building for storage of eq~ipemant and proposed addition to the p~esent structure. This building was erected in 1909 before zoning came into effect for business purposes. The area is zoned Residential. Mr. Boeglin exhibited photograph of the existing building which measures 35' by 25~. The proposed building will be erected behind the existing one. At the present, Mr. J~m~s Hargreaves ~ the land, but the petitioner stated he w~11 purphase the entire section. September 27, 1956 Mr. Hargreaves stated that the building was last used for ~,-siness pmrposes by, Arsenaults' Garage, and since that time it has been use~ for storage. Mr. Boegli~ stated it will be used for the ~pu~pose of storage of equipment, and if the appeal is granted it would be a non-conforming use permit. Mr. Chairman asked if anyone were in favor. Mr. James P-~greaves 362 Osgood Street replied he ~as. Mr. Mrs. Michael Warchal,13 Ooncord Street, Abbutters ~ould like to know what the land ~rill be used for. Mr. Boeglin replied mostly for storage whldh would be inside. Mrs. Warchal questioned if the old b~tilding would stay as presently is, it is an eyesore. Mr. Boeglin stated that the old building would be torn down. Mr. Warohol questioned as to what assur- ance will they have that wooden frem~ and things of that sort will not be left around in a haphazard manner. At this point, Mr. Chairm~__n brought out that the Selectmen w~ll take care of that problem. Mr. Warchol said next to the existing building were some old concrete bags, at which Mr. Boeglin replied they were not his. A. M~rray Howe wac .o~posed to the petition on the grounds that the amount of industrial zoning is all we cotLld possibly stand without detriment to the Res.~dentisl section, and would not like to see an enlargement in this area. He also said a few years from now the petitioner may sell it out, then we have to go through a battle. Mr. Hargreaves stated it was nothing but ~ swamp, Mr. Warchol stated that actually there is no objection in his part, he is in favor of a growing To~n, however, we wo~ld like to have it grow in a proper manner. It should not detract the property. He further said if he had no assurance as to how it would be, he would oppose the applicatimn. Mrs. Warchol stated she would like something in writing to the effect. Mrs. G~!f2in took the floor and stated that storing means ~rucks comfBg and going, noise and dust. Mr. S. J. DiPaulo, Beachn Hill said heavy equi??ent, lots of truck going to and fro, trucks wilt be a nuisance. Mr. Boeglin informed him that all he has is two trucks and is not interested in them. Mrs. Horatio Rogers, 580 0sgood Street, feels it is all we possibly can~stand without: a det~-tment to the residential section concerning the amount of industrial zo-~ng. Mr. Edward Rtlla, 232 0sgood Street is opposed on the basis that loads of gravel are not a~rted in wheel barrells. Trucks going up the street with ch~ldren~running around, he is going to do all he can to stop them. Mr. Boeglin replied that he does not have any heavy trucks. Mr. Boeglin brought out that there was a row of garages, 8 stalls o~ which he is using several at the present to store in. Mr. Warchol questioned if the petitioner mixes cement. Mr. Boeglin replied they do not. Mr. Billa questioned why they need the extra land, Mr. Boeglin replied there were 8 stall garages to store in. Mr. BoeglininanswertoMrs. Griffins statement that he ~hould build more into the country answered because there ~re objectmons. September 27, 1956 Mr. Warchol rems~ked that J. P. Stevens trucks are going all day, and if those were stopped there~ill be no business in Town. Mrs. Griffin is opposed. Mr. Nicetta moved that the petition be taken under advisement, Mr. Lurid seconded this motion. Ail in Favor. Mrs. Ernest Northam appeared before the Board fOr a variation of the Zoning Ordinance for the proposed wor~ of widening her pe~ch 3: feet on the prem~.~es at 24 Hodges Street. Mrs. North-m explained to the Board she wi3/ have to el~-te a grass'~ plot to extend the p~rch. She explained that none of the abbutters were opposed to this appeal. There were no abbutters present at this Hearing. Mr. Chairman showed a sketch pert_-~ing to this petition. The petitioner requires a 5 foot variance. Associate Member, O'Leary re, de a motion to accept the petition, seconded by Mr. Terroux upon conditions that proper plans are submitted to this Board. The Board discussed the appeal of the A & A Concrete. Mr. 0hairman stated the only dimension the Board can act upon is the 60 by 30 foot addition. Mr. Nicetta related that the plan submitted does not meet the requirements, and the petitioner will have to submit a proper set. It was further said to postpone action until such t~e as the petitioner has presented the Board of Appeals with a set of plans showing the proposed extension in' accordance with our rules and regulations. The meeting adjourned at 9:15 p. m~ Chairman