HomeMy WebLinkAbout1959-02-02MondaY, February 2, 1959 ....
Regular Meeti~g & Pubiic Bearing
The regular monthly meeting of the Plarznimg Board was held on
Monday, February 2, 1959 at the Town Building. Public hearings
were also scheduled for this meeting.
Due to the number of people present the public hearings were
held at the F~re House.
Me,~ers present and voting were: James M. Bannan, Chairman,
Nicholas F. Nicetta, Howard Gilman and John Osgood. Mr. 0sgood
was elected secretary pro tom.
The first hearing was called to order at 7:50 PM. Mr. 0sgood read
the legal notice en the John J. Shea Construction Company who re-
quested the sub-division of Davis Field.
Atty. C~arles MCCarthy counsel for Mr. Shes read the agreement with
Samuel F. Rockwell and Arthur Reynolds, trustees for the Village
Land Company and Mr. Shes. He also read the restrictions set for
the houses to be built. The houses are to be of a one family type
dWelling and would cost no less than $11,500 over the foundation and
land and no more than $15,500 above foundation and land. The lo~
would contain no less than 12,500 square feet. He also stated'there
would be no cbmmerciat enterprises on the property and no signs can
be put on the property. The restrictions will be in force for ~0
years. Mr. McCarthy also pointed out there would be no expense to
the Town as water, sewerage, etc. are already there.
A. A. DeNuzzio spoke in opposition. He pointed out he felt the
Town should not let someone come into the Town to build without
first knowing about him. Mr. DeNuzzio stated he could not find the
John J. Shes Construction Company listed in Dunn and Bradstreet.
Mr. Bannan explained the Board requires bonds for streets and
water to protect the Town.
Frank R. Stansel, 3~ Elm Street asked if restrictions could be
placed on the agreement. He pointed out', as an abbutter, he was
concerned about the use of the property. He also stated he would
like to be protected against any assestment. Mr. Stansel pointed
out he was interested in protecting, the trees in the area and was
quite concerned about the drainage as the street.slopes down.
Leo Constlnea, 192 Winter Street spoke as president of the NOrth
Andover Council on Education and asked the Board if this land
shouidn,t be held by the Town for future school expansion.
Mr. Barman explained in the past there has been no co-operation
from the School Department in discussing school planning.
Robert Wheatly, 1 FaulknerRoad asked if sidewalks would be put in.
Mrs. Allison Ceplikas asked if the Planning Board gives its approval
if houses would be built.
Mr. Bannan explained sub-division of the property was before the
Board and that certain restrictions could be placed by the
Planning Board on the property but houses could be built on Elm,
Ma~n and Davis Streets without first coming to the Board.
Mr. Stansel once more asked if the agreemtn couldn,t be written into
the deed. Atty. McCarthy said no such thing could be done.
Mr. George Hayes, engineer for Shes Construction Company stated plans
have been submitted to Mr. Dully for his approval.
Mr. Stansel asked if abbutters had been notified of such a hearing
and Mr. Barman said he ~ould find out if abbutters must be notified
by mail.
Mr. Samul F. R~kwell spoke to the group explaining the land had been
owned by the Villange Land Company since 19~5 and they had paid
approximately $202,000 in taxes. He pointed out the land had been
offerred to the Town previously for public uses but had been turned
down. He also stated Villange Land Company cannot afford to continue
to pay taxes and according to the Trust the land has to be disposed of
by 1960 and that a deposit had been received from Mr. Shes and the
land will be sold to Mr. Shea.
Mr. Shes spoke to the group explaining the type house he planned to
build and what he planned to do with the land.
Mr. Gilman moved to take the matter under adivsement. Mr. Nicetta
seconded the motion. Unanimous vote.
'Mrs. Louise Haffner Fournier applied to have land rezoned from Village
Residence to General Business. The land is on Chickering Road located
next to Willis and Lynch. Mrs. Fournier pointed out the land is in a
General Business area and if permitted a service station would provide
revenue to the Town. The Service Station is run by an independ~ent chain
and it has been proven people like to have their cars service in the
area in which they live.
Mr. Polvonious of 171 Pleasant Street objected to the petition by
stating there Ss too much business on Chickering Road now.
Mr. Nicetta moved to take the matter under advisement. Mr. 0sgood
seconded the motion. Unanimous vote.
The third hearing on an amendment to the zoning By Law by striking out
section.3.2 and adding a new section 3.55 was read by Mr. Osgocd. John
Willis pointed out the description of the land was incorrect. Mr. Bannan
said he would check into this further. The hearing was discontinued.
Mr. O'Leary, Chairman of the Board of Appeals presented an article to
be inserted into the warrant and applied for a public hearing.
Mr. Gilman made the motion a P~ic hearing be held on March 2.
Mr. Osgood seconded the motion. Unanimous vote.
Mr. Osgood moved that the hearing adjourn at 9:~5 PM. Mr. Nicetta
seconded the motion. Unanimous vote.
The meeb~g~ ee~inue4 at, the--Tew~uilding at 10:00 PM.
Bills we e signed-~-or~e-~-fol~tewiBg~. ................... ·
Mary Doherty-Se~v~.ces Rendered $25158
New England Tel. & Tel 9.10
A discussion Was held on the Shea hearing. It was dec*ded that
Mr. Barman would f~nd ,out from Counsel what constitutes a public
hearfng ard to see if mit is permissible for the PlaE0ing Board to
require as a condit~fon of approval is such restrictions shall be
placed on a deed.
Mrs. Fournier's petition was next discussed. Mr. Gilman moved to
grant the rezoning as the land is located in an area which has small
businesses near by. ~h~. Bannan~pointed Mr. Nic®tta to act as chairman
Mr. Banyan seconded the motion. Vote: 2 in favor, 2 not voting.
Mr. Bannan resumed acting chairman. Mr. Nicetta moved this be tabled
until the next meeting on March 2. Mr. 0sgood seconded th~ motion.
Unanimous vote.
The meeting adjourned at 10:30 PM.
Clerk