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HomeMy WebLinkAbout1964-02-17Monday - February 17, 196~ Special Meeting - Hearings The Planning Board held a special meeting on Monday eve-~ Feb~,,_-ry 17, 1964 at ?:30 P.M. in the Town Building, for Re-zon~n~ Hearings. The following members were present and voting: J~s M. B~-~% C~4~m~; Robert J. Burke, Secretary; George Farley, Howard G4~Mn and William Chepulis. ~EARINGS = 1. ~ohn C. Farn~ma: 7:30 P.M. William Chepulis ~ead the legal notice to amend the North Andover Zoning By-~aw by changing from Rural Residence to General Business, two parcels of land on Turnpike Street; one parcel now contains the Ski Tow and the other parcel is directly acress the street, Both contain approx. 33 acres each. There were approx. 20 people present. Atty. Oh-~les Tro~bly represented th~ petitioner. He displayed a map and showed plans and expla~-ed what was proposed. He said parcel #1 is now being used for a ski tow, which has been in use since 1957, on a non-confox~g use. The topograph~ of the land prevents it fr~a being used for anytb~-g else. Mr. Coleman, an abutter, objected ~o the re-zoning because it opams the area for any purposes all,~ed in a business zone. It could he used for something else besides a ski tow. Mr. Edward Locke asked wby does it have to be acted on now after its being used for business for the past few years? Atty. Trombly expl~!~ed that at the present t~ it is under a non-C~nform~g use. ~ then went on to exp~- parcel 2. He said ~ohn Farn,~m is present, and that B__~ o~ns these lots of land. He has a lense for parcel 1 and an option for parcel 2. He does not intend to sell the land; he wants a long term lease. He showed a photograph of an airpl~eview of the 33-acre area. The operators of the ski-tow intend to use the land for a 3-par Golf Course. The area has ~ice ro~14~ country side which is ideal for a golf course. There would he 150-200 yd. holes a~d will make an 18-hole golf course. There would be complete u~der-ground water system. The complete course, including buildings, etd. will cost approx. $350,000. It will be modeled after the Blue Rock Golf Course in South ~armouth, ~ass. They will supply their own water from wells; there w~]] be ~o dra~ from the towm water supply. Very few residences in the area would be affected. There is laud zoned for b~ess near this area. A golf course is allowed only in a business area. Nobody is intending .to fool anybody. This is a large ex~e. nditure of money. This seems to he the area for this type of thing. Robert Dumn, manager of the Ski-Tow was also present. A spectator asked whether or not there wo~tld be ]_tghti~g on the golf course. Mr. Dunn said they ~re not proposing to light it at the present time; the cost would be too high end the season is limited. Mr. Thomson, an abutter, asked if there would be any construction on Farmam Street. Mr. D~nn said the clubhouse would he on the ski-hill side. A meintenauce building and ~ro shop would be c~ Turnpike Street. February 17, 19~4 - Cont. Mrs. Thomson spoke for Mrs. Brodie, a~ abutter, who could not be present due to ill health, Mrs. Brodie is opposed, does not wish to have the area zoned for business. You conldn~t depend on what would be built there. Mr. Thom~oa said he spoke with different people in the neighborhood and they said it would be an asset to the neighborhood if everything was done as shown tonight. They ware mainly concerned about the lighting - they ware afraid it would turn out to be a driving range. He passed several papers ~, to the Board and the spectators, showing a proposed amendment to the By-Law for Section 4.1~, ad~-8 to it the following: "non-lighted golf courses a_~ country clubs~, after the word ~al~o~ at the end of the second line. He is opposed to having the area re-zoned for. balinese. Mr. John Shields spoke, stating he is a member of the Board of Appeals, b~t is spe~_k~g tonight as an individual. ~ is not opposed to the petition, but would like to have sc~e clarifications. He asked Atty. Trombly if this oorporatioa is a non-profit corporation. Atty. Trombly answered no. Mr. Shields said that in 1957 the Board of Appeals granted a variance to allow the oper.ation of a ski-tow, with restrictions. The ~oard had good reazo~ to put these restrictions on with regard to the use of the land. Last fall the Board of Appeals were petitioned to allow the ereotion of additional t~;~l~:~8s and ware approved. ~e is disturbed if the request for re-zoning is to circ~,=nt the restrietio~s put on by the Board of Appeals. There are no plans submitted to show zo~e projection of the end result in connection with the b~l~w~S being ~t on the ski tow side. One of the worst eye-sores in ~ is the condition of the land involving the ski tow and that property when it is not being used as a ski tow. He would ~ to suggest that the Board ,~_~es certain restrictions that would insure that the property would he on asset to t~ towa. Several abutters remarked about the parking proble~ in the area due to t__he_ ski tow. Mr. D~nn explained that the parking for the golf course would he on the ~ side as the golf course. Mr. Coleman asked about sanitary facilities, if studies have been ~ade, etc. Chairman Banaan said the Board of Health has ,complete Jurisdintion over such facilities~ A bailding permit cannot be granted until it has been approved by the Board of Health. Atty. Trombly said that abutters 8tmon and Lynch have no objection. Mr. ~rke ~ade a m~tion to take the petition ~nder advisement. Mr. seeonded the motion and the vote was 2. ~.ARING: John J. ~Lay: 8:00 Robert Burke read the legal notice to am~d the North And. over Zoning By-Law by changing from Rural Residence to General Business, a parcel of land on Turnpike Street, near Willow Street, across from la~d of George Rea, oont~-~-~ approx. 6.7 a~res. There were six people present for this hearing.. Mr. M~tay presented his plans to the Board and explained that if the land is re-zoned he would like to have a Febr-A~y 17, 1964 -Oont. .Nursery, consisting of trees, sh:bubs, etc. The parcel contains 6.7 acres, .t:~, he plans on using 250 feet frontage and 200 feet back for the nursery and erecting a *-~11 building, approx 20' x 30'. The beck area would Be the planting area. At present ~r. McLay is employed byWTreeland#in O--bridge, but due to high~ay con- struction, they are ~ovin~. This land is a private purchese with his mother, "Treeland" will have no part of it. The area is ver~ wet and will re~,~e a great amount of fill. This s~,~ lamd was once sold to the X. of C. Be doesa't intend to be a "grower~, but wi~ plant in the back area with evergraen~. There ~ be no Real Estate office. Mr. Gilman made a motion to tak~ the petition under advisemaht. Mr. Burke secc~led the motion and the vote was unanimous. 3. BEARING= Angus Realty Corp., 8=30 P.~ Mr. Burke read the legal notice to amend the North Andover Zoning By-~aw by changing from Rural Residential zone to General Business, a parcel of land on Osgood Street, bounded by Great Pond Road and StAn]~_lle Avenue. There were three people present for this hearing. Atty. Johm J. Willis represented the petitioner. Mr. Bannan expl*~ed that in 1955 the tom voted to require a 2 year's wait after the town ~ turned dow~ a petition at Tc~n ~seting. It's up to the Atty. how he wants to present it. The petitioner cannot again get before this Board unless it receives unantm~as vote f--~m the Atty. W~llis said he ~_.-ts to again get Pla~-~ Board approval so he can go before Town Meeting; if not, then he can't go before Town Meeting. The petitioner has been in business for a considerable period of time. Far before the 19~3 Zo-~-~ By-Laws there has always bean a business operation there. It is a]_l one parcel in the deed, one complete lot - not sub-divided. Just an L shaped piece of land is not zoned business. This is merely an extension of an existing business area. Across the street is Industry and Business. In this area, with~ ~ of a m~]e there are only 4 h~aes. This area has been developed commercially. This lot does not have sufficient frc~ge on Osgood St. for building. It is a type of z~-~-~ change that w~ld he in keeping with good pla~. This is a wall-developed, well-run business. They ~ant the entire area zoned business to extend the existing ~.,~. It would be an asset in the area. Mr. Byrne, 653 Lowell St., Lawrence, said he was "very opposed". Be says St~-leyville Ave. is his private driveway and was opposed to a~.h~8 Being dc~e there. Oscar Root spoke as a member of the Conservation Commission. Says it would be poor planning . Good planning would involve protecting Great Pond Road; it should be preserved as a residential street. Atty. Willis said they don~t want to wait another year to improve the area. No business will he on Osgood Street; they would only use the rear for parking. Mr. Byrne questioned about the rear of the building, how much clearance for a fire lane, etc. Mr. Chepulis said if it were to be sub-divided it would not come ~nder a sub-division because there is sufficient frontage on the street. 17, 1964 - C~t. Mr. Bam~, said it's tm or mox~ lots so it ~uld have to c~ ~der a ~b-division. Mr. B~ke made a moti~ to take the petition ~der advise~nt. Mr. Chepalis seconded the motion md the vote ~s ~an~. Mr. B~-~- then spoke ab~t Zoning petitions. He th~s our business zoaing is t~ leon; ~ should by-pass the tm on Turnpike St. ~til we bring in ~ ~strictions as to ~hat~c~ be allowed. We om x~e~,m~ud to withdraw all the ~ petitions bemuse the Planning Board intends to bring in restricted Business ~ne. Mr. Burke said he doesnt go along with it. ~ make a rule n~ after the people have g~e to this trouble to br~ in things. Mr. B~ said he thinks ~ business zoning is ~ We c~ put in an article allowing the people to petiti~ for a type of business - c~ call a sp~ial t~ ~eting. Mr. Burke said these people c~ to us in good faith md ~ should act ~a these articles. Mr. Chepulis md Mr. Bannan.t~ it should he d~e. The others d~t ag~. People have invest~nts md ~ should act on these. Mr. Chepulie said we're w~rkiug for the to~n, not the Petitioner. The Board then proceeded to di~uss and ~te on the re-zoning Petitions.~ 1. F~: Mr. B~wke ~d_e a ~tion to appx~ve both p~reels on Turnpike St. Mr. ~ s~ded the motioa. Mr. Farley, Mr. Gilman and Mr. Burke voted yes. Mr. Bs--~ and Mr. Ohepulis voted no. Mr. Farley asked that Mr. Barman and Mr. Chepulis ~te to ~ake it unan~ ~hy go against every~hing now.. Mr. Gilman said ~ have been tr2ing to get business ')n th~t area. 2 years ago we tried to get that area business. Mr. Burke & Gil~n think that l~d ~ _h~uld be put to use. Mr. F~rley couldn't ~e -.'b~ B~ & Chepulis a~ voting against it. Mr. Burke said this is no $.~ to ch~ge 2. M~Lay: Mr. B~ said he has 600 feet fr~tege md is using 250 feet for the l~wse~y- he ~n ~11 the rest of it for anyth~8. They're wide open for business - tfl~are are no restrictions. Mr. Gilman said we had cha~es to change the By-Laws and nothing ~s said. Wemre getting s~nething in that ~rill cost the t~ nothing. A moti~ ~s made to reconsider the vote on Hearing #1 - the ~te ~s the s~ 3-2 for. Mr. Farley said I don't think it's right. We did all these 2ht~gs before; why donmt ~ go along with it for this year. If this is .the case I ~t vote. Mr. Burke ~de a moticm to gr~t the petition~, Mr. Gilman seconded the moti~ . Mr. Gf~ and Mr. ~urke ~ted yes. Mr. Ohepulis ~nd Mr. B~ voted ~e. Mr. Farley passed. It ~s an even vote 2-2, ~rith 1 passing.