HomeMy WebLinkAbout1972-05-31Wednesday - May 31, 1972
Public Hearings - 3
The PLANNING BOARD met on Wednesday evening, May 31, 1972 at the North
Andover High School Auditorium at 7:30 P.M. with the following members present
and voting: Charles W. Trombly, Jr., Chairman; Donald N. Keirstead, Mice Chair-
man; Fritz Ostherr, Clerk and William Chepulis. John Monteiro was unable to
attend due to a previous commitment.
There were approx. 75 people in attendance.
HEARING: P~oposed Zoning By-Law and Map
Fritz Ostherr read the legal notice upon the Planning Board's proposal to
adopt a complete revision of the town's Zoning By-Law, including the creation
and designation of new zoning districts and the re-definitions of permitted uses
of land throughout the Town and revision of the Zoning Map.
Mr. Trombly explained that the Board would receive amendments from the floor if
the people are opposed to any certain parts of the Zoning By-Law rather than have
the entire Zoning By-Law voted down at Town Meeting. He realizes that the By-law
needs revision and that there are some difficulties, but perhaps they can be re-
solved by making amendments. The present By-law is old and needs to be up-dated
and changed to take care of problems that have occurred in the past. Alot of
people have worked hard to formulate this proposed By-law and the Planning Board
and Planning Advisory Committee wouldlike to have it adopted and hope that the
people will support it.
Atty. Clifford Elias stated he is not opposed to the entire ZoningBy-law
and he gives credit to the Planning Board for the work that they are doing.
However, he is representing the Faro Family Trust who own the Sun Ray Bakery,
and there is a problem as far as their property is concerned which is located on
Chickering Road and East Water Street and consists of approx. 7 acres. This area
is being proposed as R-&. This land was purchased in March, 1971; at that time
and presently, it is zoned Industrial. Present zoning allows the operation of a
wholesale bakery. A plan was recorded by them which protects the zoning for a
period of 3 years so that regardless of the change in zoning it will not affect
their plans for a bakery. They have an investment of over $1OO,OOO already for
surveyor's plans, fees, architectural plans, engineering plans, etc. They plan
to erect a new bakery which would cost approx. $1t&OO,OO0 and will emply about
50 people. They are presently located in Methuen and have a zoning problem there
now because parts of their operation are non-conforming; they don't want to have
zoning problems in North Andover too. They have relied on the present zoning
and made their plans. He is asking the Board to consider their predicament and
leave that area industrial so that there would be no hardship to the owners.
Thisis a serious situation for the Faro family. He understands that all members
of the Board were not present when this recommendation was made and he is asking
that they reconsider.
Mr. Ostherr explained that the Board made this recommendation of R-~ because
according to the John Brown Master Plan, the future land use for that area showed
an open space strip development running from Steven's pond down Cochichewick
Brookt along the mill ponds to the river.
May 31, 1972 - cont.
Atty. Elias said the construction of the building would be on the westerly side
of the brook and they would plan to landscape the remaining area and have a
walking bridge across the brook to protect the aesthetic appearance of the area.
He said it is likely that this buildingwill be built anyway because of the plan
being recorded and the protection it affords.
A spectator asked about the Bradford Street area. Mr. Ostherr explained that
the area from Bradford Street to the water right of way is being left as it
presently is - Industrial "S"; then the proposed Ind.-1 extends llSO ft. deep
and 1000 ft. from Barker Street; which was pointed out on the map.
Shelley Gilbert, Marian Drive, spoke abg~the B-3 area on Rte. 114 and the B-~
area next to it. He works for the stat~d said that the widening of Rte.
is about ~-5 years away. This road is an asset to the community and residential
use is not best for that area. North Andover does not have to run after industry
and commercial development for taxes because compared to other communities, North
Andover has a good tax base. He thinks there are other areas in the region that
could better handle comercial development such as is proposed by B-3. He
doesn't think the entire Zoning By-law should be opposed just because of one
aI'~a.
Mr. Keirstead thanked Mr. Gilbert for his fine presentation. He explained that
the Planning Board is not unanimous about the B-3 area; however, John Brown felt
that one more shopping center could he handled in the town and that this would
be a good location for it. He feels this area would relieve some of the pressure
for business development in the town. He is glad that there will bean amendment
to that area at Town Meeting. He explained that B-~ also allows uses of I-1.
Atty. John Willis explained that the proposed regulations will help everyone in
the developing areas of town; that the Planning Board and P.A.C. have spent 3
years trying to develop a By-law that would be good for the town. He appealed to
the people to adopt the regulations and come to town meeting to support the
regulations.
Charles Foster, Building Inspector, pointed out that there is one section having to
do with profit and non-profit schools and are limited by the proposed By-law. This
would affect kindergartens, day care schools & nurseries; the present ones would
become non. conforming. He got a ruling from Town Counsel who said that the Planning
Board may make a distinction between profit and non-profit. Mr. Foster feels the
Board should amend the proposed By-law to leave schools as they are in the present
By-law.
Mr. Keirstead said that State enabling legislation overrules the By-laws. The
reason it was written that way was not to allow dancing schools, driver-training
schools and schools of that type.
Mr. Foster said that a second problem is the definition of district boundaries.
The Building Inspector has to interpret the boundaries and so does Town Counsel.
He said definitions of district boundaries should be left and To~n Counsel has
suggested an amendment to carry over the descriptions of the present Zoning By-law
to the proposed Zoning By-law.
May 31, 1972 - cont.
Jay Willis spoke about the article in this evening's paper and the letters dis-
tributedby"SNAP" as being opposed to the entire Zoning By-law. He wanted
somebody to stand up and say what they have to say publicly. (No one did).
2...HEARING: G%¥ Richards' land on Rte. 11~
Mr. Ostherr read the legal notice upon the proposal of Edward Phelan and
others to re-zone a parcel of land on Rte. ll& from Industrial to General Business.
Atty. Sam Richards appeared as representing Guy Richards, who owns the parcel of
land and which contains approx 70 acres, and hasapprox. 3,000 feet frontage.
Mr. Richards has been unable to develop this area industrially for the past 9
years and it seems logicalto develop it for business. The state forest is the
main abutter and this area would not be a problem to anyone. This could possibly
be an alternative to the proposed B-3 area. There are other businesses in the
area. They do not have any firm commitments but it could be developed as a
shopping center. Generally, the tax base for a shopping center is high and few
services are required. They will make an amendment at town meeting for this area.
John Cushing asked what he based his statement on that the area was commercial in
nature. He thinks the area is residential. A shopping center put anyplace will
cause problems.
Mr. Chepulis pointed out what General Business is and what it allows and the reason
it was kept in the Zoning By-law was to keep the present General Business areas
legal, not to propose new General Business areas. The Board does not want to
develop new General Business areas. Any new business proposals should come under
the new proposed categories such as B-l, B-2, B-3 & B-4. He also spoke about the
hard work of the Planning Board and the PAC to provide a new Zoning By-law and
asked the people to support it at Town Meeting.
Mr. Chepulis made a motion to take the petition under advisement; Mr. Keirstead
seconded the motion and the vote was unanimous.
HEARI~D: Poste Realty Trust
Mr. Ostherr read the legal notice upon the proposal of Poste Realty Trust
to add a B-3 District and re-zone a parcel of land owned by Dandeneau, containing
approx. 55 acres, bounded on the southerly side byWillow Street and westerly 500
feet along Chestnut Street.
Atty. Victor Harem spoke for the petitioners. He explained that the area is next
to McLay's Garden Center on Rte. ll~ and across the street from the proposed B-3
area. He feels this is the better area for a shopping center; it has an industrial
area as a buffer and few abutters would be affected; there would be controlled
access. They intend to create a high class shopping center, not one comprised of
discount and cut rate stores. Several abutters spoke in opposition stating that
the area should not be developed commercially, the town does not need another
shopping center and it would add to the already existing traffic problems.
Mr. Chepulis made a motion to take the petition under advisement; Mr. Ostherr
seconded the motion and the vote was unanimous.
May 31, 1972 - cont.
Mr. Keirstead and Mr. Chepulis eachgave presentations relative to the Master Plan
the adoption of the proposed Zoning By-law, etc.
Mr. ~,~r~a~e~a~m~tion to take under advisement the comments and recommendations
madg~m~'~m~'~ Chepulis seconded the motion and the vote was unanimous.
The meeting adjourned at lO:O0 P.M.
(Charles W. Trombly)
(Anna Donahue ''
Chairman
Secretary