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HomeMy WebLinkAbout1976-04-20April 20, 1976 -Tuesday Regular Meeting The P~ING BOARD held a regular monthly meeting on Tuesday evening, April 20, 1976 at 7:30 P.M. in the Town Fire Station Meeting Room. The following members were present and voting: Fritz Ostherr, Chairman; William Chepulis, Vice-Chairman; John J. Monteiro, Clerk; Paul R. Lamprey and William N. Salemme. There were approximately 70 persons present in the Fire Station. The minutes of March 15, 1976 were accepted as received~by unanimous vote of the BOARD. PUBLIC HEARINGS: ~rmand R. Narois - Chickering Rd. The clerk read the legal notice and Mr. Lincoln Giles represented the present land owner of the property. He requested changing a small portion of land to the rear of the now existing General Business land on Chickering Rd. to R-5 as shown on a plan dated Nov. 30, 1973. A few years ago, said Giles, this was thought to be all zoned ~eneral Business by the Building Inspector and the Secretary at the time. It was some time ~hereafter when a question was raised and in checking min,%es of the Town Meeting, this was General Business but the dimensions did not conform to what the map showed. It was at the request of the Building Inspector that we went to the Bo~rcl of Appeals for a hearing. It is the intent of the owner to build a medical building on this property and the purpose would be better served if it was all one zoning. There is no frontage on Walker Rd. so the l~nd zoned R-5 is not buildable or useable. ~ill has been removed on the land and a foundation has been poured. He felt the building would be an improvement to the empty lot, a boom to the tm rate, and an asset to the Town of North Andover. Mr. Ostherr asked how the foundation was placed - it is in both zones. Mr. Chepulis questioned if they went before the Board of Appeals for a particular type of building - Giles told the BOARD that there is an existing Special Permit issued en the par6el. OPPOSITION: John J. Willis, Sr. - Raised the same objections as previously and suggested that the BOARD explore in some detail the proposal presen%e~; concerned with the fact of expanding General Business areas; s~uestioned what the interests are involved; no need for professional offices; traffic problem; was a member of the PAC. Mr. Giles rebutted by saying it is going to be basically a medical, professional building which will be locally run. Mr. Ostherr cfueried whether or not they had explored the pessibility of zoning the whole tract B-~ - yes, but some things would conflict. John Nonteiro made a motion to take the matter under advisement. Mr. Chepulis seconded and the vote was unanimous. FRANCIS TROMBLY - Andover By-Pass. The clerk read the legal notice. C. W. Trombly, Sr. appeared for the petitioner who ~Lns Trombly Motor Coach. The land is presently owned by the Downing heirs and there is 12-73 acres in the whole parcel. They would like to re-~one the approximately 5 acre piece to the rear of the bus operation. His proposal is to transfer to Merrimack College the triangle that is in Andover of about 1 acre or more. If granted, it will no~ go any nearer than some dO feet to the Gorrie residence and this will be acreened and kept open. The ingress and egress will remain the same. The area in question will be for the expansion of the bus business. In answer to the question as to whether or not it should be a business or an industrial district, Mr. Trombly stated that it was too late to change from Business to Industrial at Town Meeting and that Town Counsel inf~med him of this. April 20, 1976 - cont. OPPOSITION: S.Gorrie, an abutter - concerned as to what would go in there after Mr. Trombly moves out and impact on property value and other objections the same as previously. Nary Ann Gorrie - if he should sell, it would effect their home and the area he proposes to put 2 homes on. Victoria Shalhoup, Hillside Rd. - felt it should not be zoned General Business be- cause it has been residential for years, it is a narrow road. Walter J. Corcoran, ~4 Marie Drive, Andover - objected for himself and a group of neighbors, it affects them although they are not residents of North .~ndover. Pre- sented a petition signed by 80 residents of Andover and objected on the basis of what the others have said. He told the BOARD that although they are only asking for 1/3 of ~he land to be re-zoned they can come to the next Town Meeting and recfuest another re-zoning. Busses are parked all over the place and the Commonwealth is creating a situation as bad as Ptte. 114. V. Facella, 15 Marie Drive, Andover - objected to the situation as proposed. M. Schena, Hillside Rd. - said that the State has an easement on both sides of the highway. Leo Hennessey, Downing St., Andover - opposed, commented that it is an %ye sor~. Mr. Monteiro made a motion that the PLANNING BOARD vote favorably at Town Meeting ~dMr. Salemme seconded. Member Monteiro gave his reasons that ~r. Trombly has been forced to make an expansion and there is sufficient buffer to protect the rights of the abutters. Mr. Lamprey stated that he would go along with the decision not to expand the General Business District. Mr. Monteiro withdrew his original motion, ~. Salemme withdrew his second; then Fa-. Monteiromade another motion to take ~he matter under advisement which Mr. Salemme seconded. The vote was unanimous. LETTER FROM BEN OSG00D RE: ARTICLE ON SARCIONE PROPERTY, ANDOVER ST.: This was official notification that the petitioner wished to withdraw this article from the Town Warrant. It was received and placed on file. PLANS NOT REQUIRING APPROVAL: 1. FRANCES D. WAUGH - Camden St.: Located in an R-~ District. George Schruender, representing the petitioner, stated that Camden St. is not a useable street and that the frontage is on Concord S%. A motion was made by Mr. Monteiro to take the matter under advisement. Mr. Chepulis seconded and the vote was unanimous. ~. BLAINE SCRIBNER- Gorsvenor St.: A set of standards regarding the street is to be set up with the Highway Surveyor. Mr. Monteiro made a motion to take the matter under advisement with a referral to the Subdivision Control Subcommittee. Mr. Che- pulis seconded and the vote w~s unanimous. MORATORIUM: The Chairman stated that this is an opportunity for the PLANNING BOARD~o discuss what action should be taken on the matter. The motion presented by Mr. Non, elto ~-as the same as stated at the April 5th meeting (see minutes of that da%e). He asked the BOARD to go to a Town Meeting, either Special or Annual, and present this pro- posal. Mr. Lamprey seconded the motion. The BOARD discussed the suggestion that April 20, 1976 - cont. the possibility existed that the builders would work in cooperation with us to allow the second monthly meeting to be used for planning purposes; the observation was made that the BOARD was just becoming a decision-making body without time to plan for the future of the Town. Mr. Monteiro directed his comments to the developers regarding problems in the Town and how to solve them. He then re_quested a vote on the motion. Mr. Salemme commented on attempts by a developer to find another route to cooperate with the Town Boards, wetlands problems we are encountering within the Town, etc. Specifies of a two-year moratorium - ad hoc committee from all Boards with 2 members from each; listing goals; project Future plans; coordination of Ch. 808 with our zoning laws. Mr. Ostherr asked Mr. Monteiro why he chose subdivisions rather than anything else - because it was an opening. Mr. Lamprey $~reed with Mr. Monteiro regarding the monthly meetings, but questioned whether or not a moratorium was the way to go. He suggested attempting to impress upon the builders the idea of leaving the second meet- ing free for planning, but if this did not work out, then go for the moratorium. Mr. Chepulis agreed with Mr. Lamprey but wondered how the BOARD could be assured that its goals were accomplished even after 2 years, 6 years or 8 years. He felt that we must try to ~trengthen our looa! regulations and perhaps amend the Zoning By-Law and that some of the problems existing today are partly due to incomplete enforcement. Mr. Lam- prey felt that a problem exists with the Board of Health and a need for a stronger Conservation Commission. Member Chepulis commented that the Conservation Commission had accomplished alot in the past year; that the P~NNING BOARD has been a little timid in imposing certain things. The VOTE - in favor of the S-year moratorium which basic- ally prohibits the issuance of building permits on subdivisions - Mr. Monteiro; the remaining 4 members were opposed. Michael Schena suggested, on advice from his counsel, that the BOARD post a public notice stating that a certain session or sessions shall be devoted to planning with no submittal of plans. John Willis, Sr. mentioned that %he Town, at this point in time, could probably use a full-time planner and felt that the builders would be more than happy to cooperate with the BOARD. Also, suggested reinstituting the PAC. Member Chepulis then Brought up the fact that the Selectmen are of the opinion that we are only a part-time Board and don't need space, etc. MARBLERIDGE ESTATES - Action on Covenant and signing of plans tabled until Sat., April 24, 1976. DECISIONS: 1) TURTBE HILL - letters from Town Departments were read and are on file. The Sub- division Control Subcommittee moved tentative approval subject to the letters from the Highway Surveyor, Fire Dept.~ Board of Public Works and the comment that it be a 7 lot subdivision as opposed to 8 lots in order to avoid Lot 1 and the 50 ft. of frontage. Mr. Lamprey seconded the motion and the vote was unanimous. 2) GREENWOOD WEST - letters from Town Departments were read and are on file. It was stated that the biggest problem with the subdivision is how to get the sewage out. Atty. Harem felt that there was inadequate data on lift stations available at this timer and it would not do to lift the road 12 feet in some areas. He promised Mr. Cyr these easements about a year ago. Also, some of the trees have had to be removed. A motion w~s made by Mr. Monteiro to take the matter under advisement until the May 3rd meeting at which time it will be discussed with Mr. Cyr. ~{r. Salemme seconded. Mr. Gelinas suggested that a meeting between the Highway Surveyor, Board of Public Works, Planning Board and the developer and his engineer be accomplished between now and Nay 3rd. The vote on the motion was unanimous. April 20, 1976 - cont. 3) PADDOCK ESTATES letters from Town Departments were read and are on file. ~4r. Monteiro made a motion to table the matter until more information was forth- coming from the Highway Surveyor. The matter will be taken up at the May 3rd meeting. Mr. Lamprey seconded. Scott Follansbee agreed to allow the BOARD a two day extension. The vote was unanimous. GILWgRT REA - Earth Removal Plans: These plans were referred to the BOARD by the Board of Appeals. The matter was tabled until the May 3rd meeting for recommenda- tion at that time. GEORGE FARR - COVENANT, SALEM ~OREST: After the BOARD reviewed the form, Mr. Chepulis made a motion that the amendment be included as part of the Subdivision Control Agreement and that reference to it shall be made within the body of the document; the form shall be signed by the bank. Mr. Salemme seconded and the vote was unani- mOUSe I~ECOMNENDAT~ONS ON ZONING AMENDMENTS: Normand R. Marois - Chickering Rd.: Mr. Monteiro made a motion to recommend unfavor- able action. The motion did not receiv~ a second. He then made a motion to recom- mend favorable action which likewise received no second. Mr. Lamprey made a motion that the BOARD recommend to Town Meeting that the district be changed to B-4 and then favorable action. A discussion followed and the BOARD decided that the 0hair- man shall ask Town Counsel whether or not a petition can be amended to make the use more ~estrictive than proposed and include more land to be re-zoned. PRELIMINARY PLANS: GREAT POND WOODLAND (Landsail, Inc.) and TRAfALgAR ESTATES (Flatley) - the plans for both were referred to the Subdivision Control ,~ubcommittee and secretary directed to send out referrals. SC(YFP PROPERTIES LETTER RE ROAD BOND: Letter dated April 14th. Letter from Bud Cyr was read and the plans are to be signed when the Bond is received. Mr. Cyr's letter dated April 20th. ANTHONY FORESTA - DISCUSSION: PARCEL OF kiND ON DALE ST. Mr. Moresta showed the BOARD a plan of a parcel of l0 acres, more or less. He wound like to purchase the land for a family development, to be made a private family area. There would be 4 lots with a private driveway~ it would be cared for by them, do their own plowing, take trash out to I~le St. The only problem Mr. Ostherr could see was if something happened within one of the four households. Michael Smo~ak voiced concern about the aesthetics in regard to his property and asked if they would accept some conditions to keep a buffer strip. Mr. Foresta agreed and stated that he hoped to offer something that is better than a subdivision. The Chair- man commented that he would have to look into the legality of the proposal~ and sug- ges%ed that Mr. Foresta talk with the Building Inspector for his viewpoint. Mr. Oelinas mentioned that if the BOARD was going to research the project it might contact Andover because they have been doing this kind of thing up to a limit of ~ lots. Mr. Foresta was advised to come back to the BOARD in the near future. April 20, 1976 - cont. PLANS NOT REQUIRING APPROVAL (conS'd) - TOWNSHIP REALTY T~UST (Scott Follansbee & Jay Philbin): Mr. Lamprey made a motion to endorse as not requiring approval under subdivision control law a plan of land in NorSh Andover, Ma. for Township Realty Trust, dated April 1976. The parcel is located on Rea St. Mr. Sale~e seconded the motion and the vote was unanimous. The owners are listed as J & V RealSy Trust and Michael T. Greer. MISCELLANEOUS MATTERS: Letters from ConservaSion Commission Re: Winter Hill Estates (cul de sacs) and SSuzynski were received and read. BoSh letters are on file. LeSSer from Selectmen Re: Agenda closing on She Thursday prior to Sheir meeting was so noted. Letter is on file. INVITATION PROM NVPC Re Dinner Meeting on April 28th at the Sportsman's Lodge in Newburyport. The BOARD vo~ed unanimously agreed that the tickets shall be paid for by Expense Account for any member who chooses to attend. The Meeting adjourned at 11:30 P.M. Chairman ~. yitz 0,therr) ~ (Gilda Blackstock)