HomeMy WebLinkAbout1971-03-01Monday - March 1, 1971
Regular Meeting & 5 Hearings
The PLANNING BOARD held their regular meeting on Monday evening, March 1,
1971 at 7:30 P.M. in the Fire Station meeting room. The following members were
present and voting: William Chepulis, Jr., Chairman; Charles W. Tromblyt Jr.,
Vice Ch.; John J. Monteiro, Secretary; Robert J. Burke and Donald N. Keirstead.
There were appro~mately 75 people present
The first three hearings were postponed from February 22nd to be held this
even.~'~,
1. HEARING:,,,,,, School Build,nE Committee
Mr. Keirstead read the legal notice upon the proposal of the School Building
Committee to re-zone a parcel of land on Chickering Road from Industrial to
Country Residential.
Harry Dow, chairman of the School Bldg. Comm., spoke and explained that this small
portion of the new high school site had to be changed from Industrial to Country
Residential in order that it maybe used for school purposes.
No one else spoke and there was no opposition.
Mr. Burke made a motion to take the petition under advisement{ Mr. Keirstead
seconded the motion and the vote was unanimous.
2. HEARING: Vincent J. McAloon
Mr. Keirsteadreadthe legal notice upon the proposal of Vincent J. McAloon
to re-zone a parcel of land on Surrey Drive from Country Residence to Village
Residence.
Mr. Vincent McAloon spoke for the petition expl~4~ing that this proposal
would increase the number of lots in the area by 5 and would decrease the number
of units from 20 to 12. This area is on the sewer line. Each parcel would be
owned by the people living on the land. There are now duplex houses built on the
outside lots and if this was changed there would be single homes developed in the
middle and it would be an attractive development.
Mr. Keirstead asked if he would build only single family homes. Mr. McAloon said
that is all that he would build; there is no way he knows of to make this stipu-
lation andincorporate it in the article - he would do so if it was possible. Mr.
Keirstead exp]~4ned that the present Zoning By-Law .1lows 1 & 2 family homes in
any residential district.
Two abutters questioned fl the builder would build only single family homes. Mr.
Chepulis explained that there is no guarantee - there is that element of risk -
there is no way to require them to build single homes. Mr. McAloon again said that
if there was any way he could guarantee it he would but that the law does not ~11ow
this.
Mr. Moran, Chadwick St., said the area should be left as it is. Mr. A1 Gardner,
nearby resident, asked several questions. Several other abutters asked questions.
Four people raised their hands as being opposed to putting in single family homes
on the smaller lots{ the residents have notbt-g to gain by reducing the lot size.
March 1, 1971 - cont.
Mr. Chepulis asked the petitioner to clarify the plans to show the area to be re-
zoned. He also expls~ued that the Planning Board only studies and recommends the
zoning - final action is made at Town Meeting.
Mr. Keirstead made a motion to take the petition under advisement; Mr. Trombly
seconded the motion and the vote was unanimous.
2. HEARING: Gilbert Rea
Mr. Monteiro read the legal notice upon the proposal of Gilbert Rea to re-zone
a parcel of land on Turnpike Street from Rural Residence to General Business.
Atty. Harold Morley, Jr. spoke, representing the petitioner, in place of Atty. John
Lynch, who could not be present. He explained that the area is made up of four
parcels of land belonging to George Rea, Gilbert Rea, Greenwood and Aleci and is
directly across the street from McLay's Garden Center. He introduced Mr. A1
Heemstra, of Lanning Corp., Grand Rapids, Michigan. He expl-i~ed that his firm
develops medium sized shopping centers. He passed out pictures and site location
maps and diagrams. The area involved ~or the shopping center itself is 15 acres,
the total area of the proposed re-zoning is approx. 20 acres. The shopping center
would have one department store, food store and several ancillary stores. There
would be a 100 ft. setback from the road. They have a project presently under
construction in Salem, N.H. They use the same design of buildLugs in all of their
centers. The area is a proper one for this use - there are other businesses in
the area. This type of center would avoid strip zoning. "LLB" shown on the plan
means landlord builSiugs, which are leased on a 25-year plan with ~, 5-year options.
(The food store would be "K-Mart")
Henry Fink asked several questions pertaining to the area involved.
Mr. Chep,~lls asked if there would be any objections to "contract zoning". Mr.
Heemstra said his company has no objections to time l~mitations, contracts, etc.
He said the center would be ready to open by Christmas.
Richard Haltmaier, Chestnut St.~ asked if there would be an exit on Chestnut St.
The plan showed that there is one and four openings on Turnpike St. ~1Dty. Morley
explained that there is a roadway there that Gilbert Rea use~ for his earth removal
pit. The center has no need for the road for their own use. There would be no
buildings on it to obstruct it.
Contract zoning was again discussed. Mr. Heemstra said they are familiar with the
Hatch Act, since that was also brought out, and are aware of the wet problem in the
area. He said if he gets a fair reading on this meeting he can prepare a "contract"
for Town Meeting.
Morton Galper, Marian Drive, asked if it was appropriate to re-zone at this time
before the Planning Consultant presents something. The Board should consider that
there is a study and wait for recommendations of the study before changing any zoning.
Mr. Keirstead explained that the planner will make recommendations on all of the
articles to come before Town Meeting; these proposals will be submitted to him for
his comment. Mr. Chepulis explained the present study of various business districts
and definitions.
March l, 1971 - cont.
Mike Schena, Hillside Road, said that Chestnut St. could not handle any kind of
traffice; he spoke of the large number of accidents on Rte. 114 and about it .being
a very wet area and that if it were filled in, it would run off to other areas
and cause more severe problems. He said there are alot of questions that have not
been answered.
Mr. Keirstead explained the reason for the 100 foot setback which is to allow for
possible service roads and widening of Rte. 1L4.
Mr. Schena said the residents of the area would be looking to the back of the
project and it would not be a very good sight. Mr. Heemstra said there would be
no outdoor storage of garbage; this is a common compl~i~t, but the backs of their
projects are not unattractive. They have looked into the Hatch Act and have spent
considerable timwwith the D.P.W. to conform with their standards.. They have made
a complete study of the area. They would work with the town in exten81~g the
sewer and facilities or whatever; they couldn't open the center without cooperation.
They have contacted the state about access to Rte. 114. This project would help
the tax base of the town.
Mr. Trombly made a motion to take the petition under advisement; Mr. Monteiro
seconded the motion and the vote was unanimous.
HEARING- Beverly Whipple:
Mr. Monteiro read the legal notice upon the proposal of Beverly Whipple to re-zone
from Rural Residential to General Business a one-acre parcel of land at 17~0 Turn-
pike Street.
Mrs. Whipple spoke on her own behalf and explained the land is presently an eyesore
with an old shack on it and she can't do an~hing with it now - it is not good for
residential use. It abuts the riding academy and is diagonally across from a gas
station. She has an offer to sell it and has nothing specific in mind but that
whoever developed it would build something of colonial design. Hem~yFink asked
several questions that had no bearing upon the proposal. Mrs. Whipple added that
she had been approached by Shell Oil Company and that there could be a deed
restriction.
Mr. Keirstead made a motion to take the petition under advisement; Mr. Monteiro
seconded the motion and the vote was unanimous.
5. HEARING: Benjamin C. Osgood:
Mr. Monteiro read the legal notice upon the proposal of Benjamin C. Osgood to
amend the Zoning By-Law by adding new sections in conjunction with a new "Professional
Office District: proposal at the corner of Turnpike Street and Andover Street,
(Wilson's Corner).
Mr. Osgood explained that he proposes a professional office building to contain
approximately 20 offices. This proposal is very restrictive and only offices
would be allowed. This is an ideal location for this type of zoning. The entrance
would be only from Rte. 1]l~ and an entrance and exit on Andover Street. Traffic
would be controlled by the lights at Wilson's Corner. This is compatible with
the surrounding land uses~ This proposal meets with the recommendations of the
March 1, 1971- cont.
planning consultant, John A. Browm. Water and sewer facilities are available.
This would provide $25,000 to $30,000 per year in taxes to the town.
Mrs. Donovan, Peters St., asked if this would mean absolute control and protection.
How legally binding will this new zond~ district be?
Mr. Keirstead and Mr. Osgood explained that this proposal is very restrictive and
only the offices as spelled out in the article would be allowed.
Mr. O'Connor, an abutter, asked several questions. Mr. Monteiro read a letter from
Mr. Lotz, an abutter presently in Florida, opposing the re-zoning. Edward Donahue,
Andover St., spoke for himself and as representing the Moulthrops. He said that
particular corner is an ideal location for the purposes proposed, but should be
smaller; there would be a traffic problem. He asked if there were building height
restrictions. (They could find none).
Col. Earl Brown, representing Merrimack College, spoke in opposition, saying that
there are two issues involved and they should not be brought up together. Traffic
would be a problem, creating a more serious problem than is already there.
Mr. Burke made a motion to take the petition under advisement; Mr. Trombly seconded
the motion and the vote was unanimous.
The Board will meet on Monday evening, March 8, 1971 at 8:00 P.M. to vote upon the
petitions heard this evening and for election of officers.
The meeting adjourned at 11:00 P.M.
(William Chepulis, Jr.)
(Anna Donahue)
Clerk