HomeMy WebLinkAbout1965-02-25Thursday - February 25, 1965
Special Meeting & Bearings
The PLANNING BOARD held &hs~ecial meeting on Thursday evening, FeBruary 25,
1965 at 7:30 P.M. in the To~n Building in order to hold hearings. The following
members were present and voting~ JAm~s M. Ba~_~_an, Ohairman~ Robert J. Burke,
Secretary; Howard Gilman, George Farley and Willia~
1.. HEARING: Angus Realty, Inc. - 7:30 P.M.
Mr. Gtlw~ made a motion to omit the reading of the length~ description of the land.
Mr. Farley seconded the motion and the vote was unanimous. The land involved is
on Osgood Street, bounded by Great Pond Road and Stanley,file Avenue.
Atty. Job- J. Willis represented the petitioner, who is also the o~ner of Butcher
Boy Market, which is located on this parcel of land. He explained that this is
the same parcel that was before the Board and Town Meeting two years ago, but had
Been denied at To~n Meeting. At the time of original re-zoning, enly the area that
the Blue Fox Restaurant (at that time) was on was zoned business, leaving a portion
of residential zone suA'x~nding it. There is no residential use for that land and
want to re-zone it to business so that they co~d possibly extend the business use
of the Butcher Boy Market. It is a great burden to the land owner to have one lot
of land divided into two different zones. It should be completely zoned business
in order to utilize the land properly.
There were no abutters present and there was no opposition.
Mr. Burke made a motion to take the petition under advisement. Mr. Farley
seconded the motion and the vote was
Mr. Chepulis arrived and presented to the Board a letter from the Conservation
Commission objecting to the re-zoning request. This letter was received after it
was voted to take the petition under advisement.
OSGOOD SUBDIVISION:
The Board members signed the necessary pla~e for the Xatherine Osgood Sub-division.
BenJam~ Osgood was present and was given his necessary copies.
2. HEARING: DeMottlas & Fart - 8:00 P.M.
Due to the large number of people present for this hearing, it was-unanimously voted
to adjourn the meeting to the Fire Station meeting room. There were approximately
50 people present.
Secretary Burke read the legal notice of the hearing. ~
Atty. Charles W. Trombly represented the petitioner asking the Board to favorably
reco~end that this article for the Tou~ Warrant be passed at Town Meeting. It is
well that such a good number of interested citizens of the town shewed ~. Every-
one is well acquainted with the land involved., on Chickering Road ~most directly
across from the Hi-Spot near the intersection of Massachusetts Avenue.
Mr. Roy Fax, A- is present and he has entered into an option with Michael De~oulas, who
is also present. He proposes to build a Shopping center of ne%e~o~o~ ten stores,
consisting of a DeMoulas market ~of which there are already ? stores in various
cities and to, ns), Grant~s, etc. - stores of that nature. If the area is re-zoned,
Mr. Fart will erect the buAlding at a cost of approx. ~250,000 - which will provide
an inventory of approx. $1OO,O00. This w~]] bring a great relief to the tax base
in ~orth Andover, which has been expanding greatly due to towa growth and schools.
They will not need any Town services. There will be no sewerage problem. Mr. Fart.
February 25, 1965 - Cont.
will put in his own. .This firm would have about 100 employees - 40-50 being full
t~_w~_. It would help the students in town by supplying part time Jobs.
Any deliveries would not be made before 8:00 in the morming and not after 5-5:30 at
night. The means of egress will be one - so that traffic can be controlled. Alot
of the traffic on Rtes. 125 & 133 ~ll be curtailed because of the new Rte. 495.
This Board had recommended ~evioualy that this particular land be zoned for business.
He shewed, an architectural sketch of the proposed building, which would he Colonial
Brick.
It will depend on Town Meeting whether or not itl will be passed. There are a ~,m~er
of people here wishing to be recorded in favor. This will be good for the town and
will be good for the company (De~oulas) that ~omes in.
George Schreunder, who lives ~ m~e away, spoke in favor of the re-zoning.
John Monteiro, Salem Street, spoke well about the DeH~ulas Cc~y and hew good a
shopping center like this would be for the town.
Joseph La~te, Killside Road - is in favor.
Michael Dx~].~y, 27 Davis Street is in favor and compl~mentod the l~a~4-~ ~oard on
the amouat of work they have put into th~ngs. The to~n is growing and the
Board has a great responsibq~qty to decide what is best for the towo. He knows the
DeMoulas people personally and the to~n w~]] be proud to have such a ccm~au~ here.
William Rock, 4~ Woodbridge. Rd. - is in favor. Xnows the Del~oulas~ ~ and thinks
it will be good for the town.
Theodore ~ .~x~s - is in favor.
Atty. Joseph Becigalupo, who lives at 156 Chestnut St., N.A. and has his office at
the Central Buil&~, Lawrence, spoke, representin~ C, Lloyd Thm~, 168 Osgood St,
ow~s land from Osgood Street to Chickering Road and ~assachusetts Ave, which is in
excess of 8 acres. If the land is re-zoned, the Planning Board is setting a precedent
which will affect f~ture use regarding the land on Chickering Road. Mr. Thomas has
for many years resisted efforts to cow~rcialise his land. This type of develo.r~ent
is not in the best keep~-g for the to~n of North A~dover - would be good areas for
residential development. We are not so _~d-pressed in North Andover that we are
running out of places in North Andover to be used for business. It is desirable to
exp*nd the town's tax base but not at the expense of using good residential land.
To~n facilities wLll be used. Every time a building is constructed there is a need
of police and fire protection. There wo~ld be a traffic problem. There is already
a traffic problem along thia road. This venture will in~l~aae the danger - you are
going to have a problem at the intersection whi~ w~]] be intensified. People
would not be desirous of residing in an area near a shopping center. Andover has
for years successfully resisted develop~ Route 28. Many townspeople have resisted
this type of development.
Bert Muller, corner Mass. Ave. & Ohickering Road, spoke in oppositic~ saying he is
against more co~w~rcial development on Chickering Road and other beautiful residential
areas of North Andover. Town Meeting has voted against these types of re-zoning
previously. Most townspeople still want country atmosphere. Mr. Giragosian is in
Florida and phoned Mr. Muller to sa y that he was against the re-zoning. Mrs.
Griffin, who is home with pne~u~onia, also called hi~ and wants to be recorded against
the re-zoning. Mr. Muller asked the Pl~-g Board members wh~ the articles in the
Febr-_~ry 25, 1965 - Cont.
Town Warrant that deal with zc~tn~ are at the end of the warrant.
Mr. Barman said he doesn't know wh~ - that he does~tt approve of the ~ay they are
placed on the warrant.
Charles Foster, Building Inspector, spoke, saying that the articles inserted by the
Building Code Committee, which are placed in the middle of the warrant, have nothing
to do with the re-zon~8 of land (these are amendments to the Zo~g By-~aw).
~r. Muller said he would he in favor of taking the~ up earlier in the ~arrant.
M~. Caron, 579 Mass. Ave. - is opposed.
Alice Devine, Adams Ave. - is opposed.
Fred Phelan, 48 Prospect St. - has land on Autran Ave. Said this is a fine looking
~tc~e on the front, but who knows what itts going to look like from the hack. This
should he kept residential.
Mr. Foster said that there 'have Been no concrete plans submitted that can be kept on
file. When a petitioner presents his case he is presenting a picture of what is
proposed But there is nothing to hold him to what he proposes. He would like ~o ask
the petitioner if they are agreeable to having this particular dra~-.~ kept by the
Planning Board and if they would object to stipulations by the Board that this ~,~la4~g
will he put up as sho~n.
Atty. Trombly said as far as Mr. De~oulas is concerned, he doesatt want to come into
North Andover with any fooling - he wants to co~e in here to do what he says he will.
Mr. DeMoulas spoke saying he would ~,~d anything that the Town wants - (he showe~
two more sketches of buildings of a different design). Mr. Trombly said he w~uld
build the hack the s-_m~_ as the front and would be as proud of the hack as of the
front. He then spoke about Andover and that they opened up a shopping center for
E~m Farm (which had originally wa~ted to locate in North Andover in this same spot)
and took business away fr~a North Andover.
·tty. Bacigalupo said that Andover has Been bery disappointed in what has gone in.
The area he had referred to earlier was the area of Phillips Academ~.
Mr. Phe~An spoke again about the rear of the store and how far away it would he from
his property.
Mr. Baunan explained that they have to follow certain building requirements.
Mr. Trombly added that there will he a 25 foot green strip, at the lot line. The
building would Be 500 feet back plus Mr. Phelan~s 100 feet - 150 feet from Autran
Ave. The parking plan is in the front of the store.
(It ~as noticed that an Engineer's stamp was not on the p~.. The Engineer was
present and said he would co~ back to the P~g Board office the next day and
affix the necessary st-=p. )
Mr. Gilman made a motion to take the petition under advisement. Mr. Burke seconded
the motion and the vote was usa~mous.
The following were recorded in favor:
Helen Fr~el, 21 Magnolia Drive
Ralph Bevin, 477 Stevens Street
FeBruary I~5, lO~§ - torito
Barbara, Florence & Joyce Bevin, 1~ Marblehead'Street
Mrs. Ja~es Jorgensen, 231 Forest Street
Wanda Fart, 845 Johnson Street
George Farr, 845 Johnson Street
Edward McCarthy, 69 Water Street
Those recorded in opposition:
Mary & Carmela Chiara, 287 Sutton Street
3. BEARING: Amendments to Zoning By-Law - ~fllding Code Committee - 9:00
Mr. Burke read the legal notice in the appeal of the Building Code Committee e~ the
following proposed am_~ndments and additions to the North Andover Zoning By-Law:
1. To a~end the Zo,~,E ~y-Law, relative to permitted uses upon motel properties
by addi~ thereto the followin~ paragraph~
(k) Permanently installed and non-moveable swi~ pools will be
allowed provided they are enclosed by ~itable walls or fendes,
to be determined by the Building Inspector.
2. To amend the Zc~-8 By-Law, relative to the maintenance of buildings and
structures upon lots in Residence Districts, by adding thereto the following sentence~
A per,~ently installed and non-~oveable swimming pool shall be
to be a "structure" within the meaning of this section.
3. To amend Section 4.18 of the Zoning By-Law, relative to accessary uses in
Residence Districts, by adding thereto the following sentence~
Permanently installed and non-~veable sw~m~4ug pools, provided each such
pool Be enclosed with a suitable wall or fence, to he determined by the
Building Inspector, to prevent the entrance of persons other thA~ those
residing at the p~ol location.
Building Inspector, Charles H. Foster, Jr., spok~ to explai~ the requested ame~w~nts
and additions. He said that preeently iris up to the ~_,~l&~ Inspector only on
fences. If itts a plastic pool, it doesntt come under the By-Law- it's worded
specifically on permanent sw~m,~u8 pools only.
There have been several sw~,,,~g pools built for which ]~A-.-'.ts were issued.
fellow came in wanting to put one only 3 feet from the sidewalk. The Bldg. Insp.
referred him to the Board of Appeals for ~hich a hearing was held. His lawyer said
it ~s illeg~y before the Appeals Board. Mr. Foster then asked for legal inter-
pretation from Town Counsel. Town Counsel answered that sw~w~4~g pools do not cc~e
under the Zoning By-Laws. That is the reason for making the ame~nt to the By, Laws
and it should come umder the jurisdiction of the B,,~ Inspector and should be
defined as a structure. It should be controlled so that a person could not put up a
s~m~g pool wherever he ~anted it. The Committee included fences because a
pool open is a source of d~ser, although most people put up fences ~. The Coz~
feels that every swimming pool should be enclosed. Fences are a ticklish subject.
Nex~ year the C,~ttee plans to come in with a law for fences. There is no control
over swimming pools that have already been installed.
The wording 'of the articles was questioned and it was pointed out that the actual
wording was made by Town Counsel after being drawn up roughly by the Building Code
Cow~ttee.
Mr. Gilman made a motion to take the petition under advisement. Mr. Burke seconded
25, 1965 - Oont.
the motion and the vote was unanimous.
It was ,m~t~usly voted by the Board to discuss and vote on the eveningts hearings
at the next meet~_n~ to be held on Maroh 1, 1965.
The ~eet~_-~ adjourned at 9:30 P.M.
.... Clerk