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HomeMy WebLinkAbout1958-06-161_76 Monday, June 16, 1958 Regular Meeting The regular monthly meeting of the Board of Appeals was held on Monday, June 16, 1958 at 7:30 PM at the auditorium of the Fire House. Members present and voting were: Daniel O'Leary Chairman, Kenneth Terroux, Secretary, DonaldF. Smith, Robert Burke, and Henry Lund. Mr. O'Leary asked Attorney Roland Sherman who represented All States of Virginia if he would agree to have the second scheduled hearing on Charles Steak House heard first inasmuch as the All States hearing would be quite lengthy. Atty. Sherman agreed to have the second hearing first. F~ st Hearing. Charles Steak House. Judge Arthur Thomson, a director of Charles Steak House asked for an extension on the Northerly side of the building to be used for a bakery and enlarge the cocktail bar. He stated the Board of Health has already issued a permit for a septic tank. He also stated the only abutter effected is on the Westerly side and that' is the City of Lawrence and the City has no objection as the land is only being held for Airport purposes. Edway Ryan, Chadwick and Osgood Street, an abutter asked to see the proposed building plan and stated he had no objection to the addti~n. Mr. Smith moved to take the matter under advisement. Mr. Lund seconded the motion. Unanimous vote. Mr. James Bannan, Chairman of the Pl~nning Board asked if this were a legally constituted Board of~Appeals. Mr. Smith replied the Board is appointed by the Board of Selectmen. Second Hearing. Application of All Statea of Virginia which asked for a v~riance on the property located at Hillside Road and Turnpike Street. Atty. Roland Sherman acted as Counsel for All States. Mr. Sher- man showed plans of the proposed buildings for Robert Hall ClOthing Company and Kinney Shoe. Atty. Sherman stated the Board had the power to grant a varianc~ under the statute provided conditions are met. Atty. Sherman pointed out if the variance were granted this Would mena more employment for the Town's people. He also pointed out th~s triangular p'~ece of land was changed from Residential to Business and from Business back to Residential in a very short period of time. He also stated under Chapter 40A, the Board of Appeals had the power to authorize a wariance where it would cause a hardshi~and in th~s particular case there is a financial burden on All-States in purchasing the land. He also stated when the land was bought by the co~merical concern for commercial use it was lawful touse it for commercial pruposes. Atty. Sherman mentioned the applicant has offerred to make a buffer zone to the abutters and that the Board of Appeals can · take steps to protect those who might be injured by placing re- str!ctlons on thevariance. With regard to traffic, Atty. Sherman stated the proposed use of the property would lessen traffic congestion and if the varlace were granted, the building on the corner would be removed to provide safety measures. Atty. Sherman pointed out at previous Town Meetings ~he Town has shown it feels some commercial use of the land would be right for the Town but the Town does not want Just any business but a particular business. Atty. Sherman presented ~hotoe of the type buildings Robert Hall and Kenney Shoe would build. Mr. Smith asked which type building would be used if the var~ nce were granted but Atty Sherman was not sure which building it would be but suggested if the Board wanted he could arrange to have the proper people present to discuss the building~ landscaping, etc. thoroughly and that the Board could say what kind of buil~ing, landscaping, parking area, etc., could be used. Atty. Harold Morley Jr. appeared for Leo Pomerleau, an abutter, in ppposition to this petition. Atty. Morley stated it was his opinion that the B~ rd did not have the right to grant a variance and there were no conditions which would allow this. He stated the abutters in the area do not want the zoning changed. He also stated the land was bought for co~ercial use before the zoning By Law was adopted and that Dutchland Farms still owns land in this immediate area. He pointed out this land is desirable for res~dentlal and that his client Mr. Pomerleau, is now in the process of building a home across the street. Atty. Eorley stated if this were 'oned as a Business area it would mean more car~ in the area and this would be dangerous t~ the neighborhood. He stated increased traffic flow will present more auto accidents. He also said the Town wanted this area residential and if the variance were granted it would be Rezoning which the Board of AppeaSs hasno right to. Very Rev. Vincent A. McQuade of Merrimack College spo~e stating he had nothing against All States of Virginia but he was opposed to having this tYPe of business in the area and, therefore, requested their peition to be denied. Atty. Sherman stated he would l~ke to clarify one point and mentioned when the land was bought bY All States commerical use .was permissible. Mr. Smith moved to take the matter under ad- visement, yr. Lurid seoncded the motion. Unanimous vote. Immediately following the hearings the Board had an executive session in the Board's Office. 175 The matter of Charles Steak House was discussed and it was voted · to grant the variance for an addition to the building. The members agreed to take the All States petition under con- sideration and a special meeting would be held on Monday, June 23 to discuss the matter further. Bills were signed as follows: Phyllis Hanson (Printing of Rules) Mary Doherty-Services $ o.oo 10.08 The meeting adjourned at~45 PM.