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HomeMy WebLinkAbout1980-11-17November 17, 1980 Regular Meeting The PLANNING BOARD held a regular monthly meeting on Monday evening, November 17, 1980 in the Town Office Meeting Room. The following members were present and voting: William Chepulis, Chairman; Joseph D'Angelo, Clerk; and John Burke. Susan St. Pierre, Town Planner,' and William Cyr, Highway Surveyor, were also present. The meeting came to order at 7:40 p.m. PUBLIC HEARING - George Schruender - Request for Zoning Change from R-3 to B-l, The clerk read the legal notice. Mr. Schruender was present at the hearing. He owns a small house near his present place of business on Chickering Road and would like to have it re- zoned for business. He would like to operate his real estate business from the house and stated that there would be no physical changes, except for fixing it up and feels that the change would not derogate from the neighborhood. He strongly stated that the house would only be used as a real estate office, and offered to put a restriction in his deed stating that fact. He cited a house down the street used for the same ptu~oose and told the Planning Board that his request is no different· (the house "down the street" is a home used for real estate owned by James Hurrel). Note: The question was raised by the Chairman ~s to whether Mr. Schruender satisfied the waiting period for a z~ming change request. The last time this article appeared was at the June, 1978 Special Toga Meeting. Therefore, he has satisfied the two-year wating period. Opposition: Mr. Robert Mascola, 281 Andover Street, spoke in opposition to the zoning change. This request received unfavorable recommendation from the Planning Board in 1978 and he feels that nothing has changed in the past two years. He stated that land use is determined by the zoning and not the Owner's intentions. He trusts Mr. Schruender, but is worried about what might happen in the future should ~he parcel in question be sold. He pointed out that at the last town meeting (the last meeting this article appeared) NOBODY spoke in favor of the change · Mr. M~scola then raised three questions to the Planning Board: 1. Has anything occurred in the last two years to alter the facts? Answer from Planning Board: 'h~o" 2. What is an abutter? Answer: An owner of property whose land is contiguous to the parcel in question. 3. Wh~t if the Special Town Meeting passes this article - what then? November ~?, ~980 -2- Regular Meeting Answer: Anything that is passed at Town Meeting must go before the Attorney General for approval. Mr. Mascola also voiced concern about the traffic problem should the re-zoning be gr~nted. Nobody from the audience spoke in favor of the re-zoning. Motion: by Mr. Burke to take the matter under advisement. Second: by Mr. D'Angelo. Vote: Unanimous in favor of the motion. PLANS NOT REQUIRING APPROVAL ~General Store Realt,y Trust - Greenwood w~t/Chestnut Street - Lots 5B, 6B, and 7A. Motion: by Mr. Burke that the plan of land in North Andover, N~ss. prepared for General Store Realty Trust, dated November 17, 1980, be approved under Subdivision Control Law Not Required. Second: by Mr. D'Angelo. Vote: Unanimous in favor of the motion. Ge~neral Store Realt~ Trust - P~lei~h Tavern Lane/Carlton Lan,, Motion: by Mr. Burke that the plaa of land located in North Andover prepared for General Store Realty Trust, dated October 30, 1980 and revised November 13, ~980, be approved under Subdivision Control Law Not Required, with the condition that the revised date and initials of the land surveyor be added to the plan. Second: by Mr. D'Angelo. Vote: Unanimous in favor of the motion. _General Store Realt~y Trust - Raleigh Tavern Lan,, Motion: by Mr. Burke that the plan of land located in North Andover, Mass. prepared for General Store Realty Trust, dated October 30, 1980 and revised November ~3, ~980, be approved under Subdivision Control Law Not Required, subject to the certification of the revision date by a registered land surveyor. Second: by Mr. D'Angelo. Vote: Unanimous in favor of the motion. BONNEY LANE - Continued from November 3, 1980 - was approved subject to showing drainage easements on the plan. The Board * signed the plan of drainage modifications, dated October ~5, ~980 and revised November 12, ~980. · Mr. Chepulis, Mr. D'Angelo, and Mr. Burke November 17, 1980 -3- Regular Meeting WILLOWS INDUSTRIAL PARK - Submission of Design Control Document Mr. V. Grasso was present. The members of the Planning Board discussed the document. They found discrepancies in the document and want the opinion of member Paul Hedstrom before taking action. Motion: by Mr. Burke to continue until the nex~ meeting. Second: by Mr. D'Angelo. Vote: Unanimous in favor of the motion. WILLOWS INDUSTRIAL PARK - Bond Release Mr. D'Angelo stated that he will not vote because the request is not in writing. Mr. Gr~sso withdrew his request. LAKESIDE - Bond Release The clerk read the letter from the Highway Surveyor, dated November 17, 1980. Motion: by Mr. D'Angelo that no monies be released per the Highway Surveyor's recommendation. Second: by Mr. Burke. Vote: Unanimous in favor of the motion. P~_DDOCK ESTATES - Bond release and e~ension of completion date The clerk read letters from Scott Properties and the Highway Surveyor, dated November 10, 1980 and November 17, 1980, respectively. Motion: by Mr. D'Angelo that per the Highway Surveyor's recommendation, $25,000 be released, leaving a balanoe of $25,000, and the completion date be ex~ended to October 15, 1981. Second: by Mr. Burke. Vote: Unanimous in favor of the motion. HAYMEADOW - Request from homeowners to have the road paved - continued from November 3, 1980. The clerk read the letter dated November 5, 1980 from the Highway Surveyor to the Andover Savings Bank. Mr. Cyr has not heard from the bank to date. He stated that they did honor a similar request on Foster Street and forwarded a check for $10,0OO to patch the street. He said he will follow up this request with a registered letter to the bank that they will be responsible for the maintenance of the road. There was discussion between the Town Planner, the Highway Surveyor, and the Planning Board about revising the Zoning By-Law on occupancy permits and about becoming stricter about completion d~tes to avoid this problem in the future. November 17, 1980 Regular Meeting WILDWOOD PARK - Paul Ahearn The completion date has expired and the work is not completed. Mr. Cyr recommended that the Planning Board inform Mr. Ahearn that if the work is not completed by Wednesday, November 26, 1980, the Board will exercise the bond. Motion: by Mr. D'Angelo that per the recommendation of the Highway Surveyor, the Planning Bosl~i send a registered letter to Mr. Paul Abeam requesting that the roadway be brought up to a binder coat by November 26, 1980. If, at that time, the road is not up to the binder course, the Planning Board will make arrangements to enforce the bond. Second: by Mr. Burke. Vote: Unanimos in favor of the motion. CRICKET LANE - Bond release The clerk read a letter from Attorney Victor Harem, dated November 14, 1980. Mr. Cyr stated that the only thing that has not been signed on the inspection form is the maintenance and he recommended that a sm~ll ~mount be withheld. Motion: by Mr. Burke that ~ll monies, except $1,000, be released at this time. The $1,000 will be held until April 15, ~981, for general maintenance. Second: by Mr. D'Angelo. Vote: Unanimous in favor of the motion. Note: The Town Planner advised the Board to send Attorney Hatem their reasons for withholding the $1,000. ~lr. Cyr will write a letter to the Plauning Board with his reasons, and the Planning Board will then send a letter to Attorney H~tem. S. B. HOMES - Preliminary Subdivision Plan submittal The Board reviewed the plans and set the discussion date for its next meeting, which will be on December l, 1980. The Board will also walk the site on Saturda~v, November 22, 1980. RALEIGH TAVF_~NI~0ODCHUCK I~ - Sign Release and Subdivision Control Agreement This was already approved subject to the verification in w~ting from the Board of Public Works for the bond amount of $2,000. The verification h~s not been received to date, and the Board will not sign until it is received. NASTER PLAN-The three present members s~id they h~ve not gone over it. Tabled until the Full Board is present. ZONING CHANGE - Riverview S~./Ashland St. - Tabled until full Board is present. Note: This concerns the housing rehab grant of 1980. November 17, 1980 -5- Regular Neeting The clerk read a letter from the Conservation Commission dated November 6, 1980, concerning Stevens Pond. There is a problem with the Lakeside Subdivision with siltation occuring at the pond. The Planning Board authorized the Town Planner tc send a letter to the developer to correct the problem, BOARD OF APPEALS - Decisions - Read and on file. LEGAL NOTICES - Towns - Read and on file. MINUTES - November 3, 1980 - Notion by Nr. Burke to accept as written. Second by Mr. D'Angelo. Unanimous vote. Off the Agenda - The Planning Board had asked Nr. Ambrose Flatley to appear tonight to discuss the sidewalks at his Trafalgar Estates Subdivision. It was mistakenly omitted from the Agenda. Bu ~d~iy Cyr said that he will work with Mr. Flatley on this matter. The meeting adjourned at 11:00 p.m. William Chepulis, C~irman Jean E. White, Secretary