HomeMy WebLinkAbout1971-11-02Tuesday - November 2, 1971
Special Meeting - HEARING
The Planning Board held a special meeting on Tuesday evening, November 2,
1971 at 7:30 P.M. in the Town Office Building with the following members present
and voting: Charles W. Trombly, Jr., Chairman; Do~zld N. Keirstead, Vice Ch.;
Robert J. Burke and William Chepulis.
HEARING: PROPOSED REVISION OF SUBDMSION RULES AND REGULATIONS.
Mr. Trombly read the legal notice upon the Planning Board's proposal for
complete revision of the "Rules and Regulations Governing the Subdivision of Land".
The following people were present: Mike Schema, Charles Foster, John Willis, George
Farr, Ben Osgood, Jay Burke and Michael Garvey.
Mr. Trombly explained that the present regulations have been 5n existence since
1955. Mr. Keirstead said .he felt that revisions are needed, that the Board has
had problems in the past with subdivisions and some things need to be cleared up.
George Farr felt that the requirements are too stringent.
John Willis said that a developer should be allowed to use his own engineer if a
department head says things have not been met but have been met as far as Planning
Board requirements are concerned. The other agencies should not have the authority
to decide things. ~
Mr. Keirstead said the board is trying to get a means of providing certified
approval to them and getting it done in the best way for everyone concerned.
Mr. Willis said there should be an alternative in the event that the proper agency
does not have the time or help to make the necessary inspections. A certified
engineer could submit a report to the Pla~-g Board.
P. 15, No. 6 was discussed.
No, 2 - general requirements: Mr. Willis doemn't think it can be required. No. 3
should be Bd. of Health, not under PlannimgBoard jurisdiction. The PlanningBoard
cannot require land to be set aside for public parks and playgrounds.
Mr. Keirstead read Section 81U which says it can be done for a period of 3 years.
Mr. Willis said Section 8lQ says no rule or regulation shall require land for
public use without Just compensation. He also said that it shouldn't require
that all streets go to the end of the subdivision. The board provides for turn-
arounds. Utilities should go only to the center of the turnaround.
They discussed percolation tests and the Board of Health.
Mr. Willis said that if the regulations stay withinthe frame of the statute
everything is in pretty good shape. It was brought out that Section 81M allows
the Board to set up rules and regulations.
Discussion of release of bonds and covenants was held. Mr. Willis said the board
should require that a satisfactory perc test has been made before a lo% is released.
November 2, 1971 - cont.
They discussed preliminary and definitive plans. Prel~m~uary plans cannot be
required. Mr. Willis said he doesn't th~nk a survey is necessary. The rules
and regulations having to do with preliminary plans should apply to definitive
plans. Under No. 10, Mr. Willis doesn't think it is possible to show dr~4nage
the way it is. worded. 5 foot contours are too close - should go by geodetic
survey of that area. The requirements for preliminary plans should be reduced
and made more flexible.
Everyone seemed to feel that there is no hurry to adopt the rules and regulations
at present. The Board is currently very busy with re-zonings and revision of the
zoning by-laws. These rules and regulations can wait until next spring. It was
uns_rnimously decided to postpone action on the subdivision rules and regulations
indefinitely.
The meeting adjourned at 10:00 P.M.
Chairman
(Charles W. Trombly, Jr.)
Clerk
"~ 32 LAWRENCE EAGLE-TRIBUNE, Lawrence. Mass.--Wednesday, Nov.'lO, 1971
North
Planner and lawyer
clash over land use
NORTH ANDOVER Town
Planning Consultant John
. Brown and Atty. John Willis
clashed 'last night during an
_ open forum to review Brown's
fifth preliminary report on fu-
ture land use.
The forum was conducted
jointly by the planning advisory
committee and the planning
board.
During phase one of the
lwo-year study. Brown sub-
mitted reports dealing with
existing [and use. population,
goals, housing, and. routes. His
fifth report, future land use
and circulation, presents a plan
for distributing vsrious land
uses ap to 1990. Browm m his
report, described the study as
a 'generapstatement of policy
and iment."
At one point Brown and
Willis engaged in a heated two-
way discussion over the pro-
posed fate of existing land uses.
Willis argued that 'Brown had
been talced to study vacant
land u$es. and nol areas already
devetoued.
"I don't think Mr. Brown
M~ any business telling us that
in 20 ~'eacs certain businesses
will be obsolete ' said Willis
who himself rents office space
to processionals, primarily doe-
curs. "I nave a su~tantial ~n-
vestment here. It's my life's
blood. What do I do when I
lose my tenants?
According to Charles W
Trombly Jl'., chairman of the
planning board, if zoning is
changed after buslnessus or
residences are established le-
galty~ the become "non-con-
forming", and technically ille-
gal. It a certain portion of the
property is destroyed during
JOHN BROWN
that time. the owners are pro-
h/bRed form rebuildiug.
Willis argued that Browffs
repot! jeopardized ex,sting es-
tablishments by i.mplvmg they
will be non-cohformii~g in the
projected future. "Ls it impos-
sible to incorporate exsiting
land uses into the master
plan?" he asked Brown. 'Tm
not saying we wont change,
and if the need comes we
will."
"But if some one comes up
with a valid ease to change the
use of the land. the master
plan can be changed, too." he
eominued.
Brown admitted that in
some cases the report recom-
mended changes m existing
land use. but added, "V~e warn
to carry out the towns objec-
tives.'' He told Willis that his
contract required a thorough
study of the town. "I can't
work, .in a vacuum."
The land in question covers
l>rimarily the circulation cie-
ATTY. JOHN WILLIS
meats of ~outes 114 and 125,
the commercial down town
section, and historic center·
and the Lake Coehiehewiek wa-
tershed. The repot;, according
to .Brown, seeks to preserve and
exteud the beneificial aspects
of these areas, while pro-
viding for future growth by
· 'remolding" other aspects.
Planning Board member
Donald N. Keirstead said he
felt it necessary to protect
those who have already built
on the land. "I think we need
a clear statement that it is not
our intent to change existing
uses.' he said "When changes
are comemlalated lay the own-
er. than we could implement
the plan.
Willis warned Brown that ff
businessmen felt their business-
es would be labelled non-eon-
forming, they would oppose
the plans, which would under-
mine the whole purpose of the
plan.
Another man commented,
"You can't make a business-
man turn around and make
changes until he's ready."
Kierstead. "] think we un-
derstand what you're propos-
ing, and I'm sorry, but we're
'almost unanimously against it."
Brown. who was visibly dis-
turbed by the reactions, re-
peated that he only intended to
follow the town's ob}eetives,
but added. "You're going to
water this thing down until
there's no impact left at all.
you say we have to leave ev-
erything the way it is. I can't
accept that. That wasn't what I
was hired for."
· I will make whatever
changes the PAC and the plan-
ning board recommend." said
Brown. "But I'll fight like hob
if I don't agree with them.
That's my job."
Willis criticized the PAC for
what he termed its "inability
to communicate the feelings of
the community" to Brown.
One resident protested, "You]
can't.just wipe out businesses'
that serve the community," he
said. "You can't tell the ow-
ner to §o out and s, pend $1 mil-
lion to rebuild, when he has a
viable entity in the town."
Brown said he did not in-
tend to "w~pe" anyone out,
but only wanted to develop the
land to its best advantage.
· Do you want to plan the
best future use of the land. or
do you just want to fool
around," Brown finally salfl m
exasperation.
"We want to plan for vacant
land." ~aid Kierstoad. "and not
too! around With what's here.
I'm reluctant to go before
town meeting and fool around
with what's already here."
LAWREI~LCE EAGLE-TRIBUNE, Lawrence, Mass.--Wednesdey, No~. 10, 1971 31,
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