HomeMy WebLinkAbout1973-01-22Monday - January 22, 1973
Special Meeting //~
The PLANNI~ BOARD held a special meeting on Monday evening, January 22,
1973 at 7:30 P.M. in the fire station meeting room with the following members
present and voting: Charles W. Trombly, Jr., Chairman; Donald N. Keirstead,
Vice Chairman; William Chepulis and John J. Monteiro. Fritz Ostherr was out-
of-to~n and unable to attend.
There were over 50 people present, This meeting was called specific-lly to
listen to the representatives of the Archdiocese of Boston relative to their
townhouse proposal on Waverly Road on the cemetery land.
Chairman Trombly gave a brief background of the Archdiocese proposal for a
townhouse development on the cemetery land on Waverly Road. Father Michael
Groden was present and explained that Atty. Dolan was ill and unable to be
present this evening. They are presenting new plans which they. feel will now
conform to the reqUirements of the Subdivision Rules and Regulations and the
Zoning By-Law.
Mr. Stephen Diamond presented the new plans which show. a completely new layout.
The townhouses front on streets which will be' built. The street enters from
Waverly Road and makes a single loop back to Waverly Road. There are 1/~ town-
houses on this plan. Each is located on a piece of land which is 3,000 sq.. ft.
or more and has the required frontage of 18 feet. Each group of buildings is
separated by 50 feet ~nd they do not have more than one family in each townhouse.
The townhouses are two stories with a kitchen, dining room and living room on the
first floor and bedrooms on the second floor. They will look like individual
houses - like single family homes. 3 or ~ acres of land. in 'the center will be
left in its natural state, to conserve the' trees, etc. There will be a substantial
buffer of trees around the development. Open space can be developed to be used
in conjunction with a community building. The people will own a share 'lin the
community building also. Outdoor play facilities will be Provided and indoor
space for social activities. Parking is located at the entrance of each of the
rows of attached townhouses. Each family unit has its own front door and front
patio and private back yard. They now feel that every requirement of the town
has been met.
Mr. Monteiro made a motion to refer the plan to the Subdivision Control Sub-
committee for report at the February 5 meeting; Mr. Keirstead seconded the motion.
Mr. Keirstead amended the motion to add that the plans also be referred to the
Building Inspector as to compliance with zoning.
Mr. Diamond went on to explain that they are also submitting new amandedplans
for a preliminary site plan, drainage plan, sewerage plan and plot plan. He
said all of the streets as shown will be built and he would like these plans to
be substituted for any plans that are presently on file.
Mr. Chepulis brought out the point of th~ townhouses being capable of being sold
individually because the previous plans showed one living unit over another.
Mr. Diamond said they have eliminated those units and do not have any one bedroom
units at all; and each ~unit is capable of being sold with its own lot. The new
plans show 75 - 2 bedroom; 53 - 3 bedro°m and 16 - ~ bedroom units.
January 22, 1973 - cont.
They next looked at the drainage plan. Mr. Diamond thinks it will improve the
area by a pipe system and they will install catch basins on the. paved areas.
Mr. Keirstead said a drainage easement:, probably for 30 feet, would be required
along the drainage path. He asked that they clarify the point of drainage
where it comes onto Waverly Road; he questioned whether it was a culvert. He
requested they submit something to writing to clarify it. Discussion was also
held as to whether the Conservation Commission should be consulted at this time.
Mr. Diamond agreed that they will have to go into the drainage problem in greater
detail. The Board agreed that they should have their engineer come up with
something more definitive and also try to pick up the flow from the Farr apart-
ments.
Mr. Diamond said they do not intend to use Wood Lane at all.
Mr. Chepulis brought out about the vacant areas not being shown as lots - how
are they going to be designated? How about parking spaces? If a lot is sold,
does he also own a parking space. We should have some of these questions
straightened out in advance.
Mr. Dismond said the roadways are 50 feet, with 26 feet paved; however, theywill
do whatever the Board wants on the width of the roadways.
Discussion was held as to the 60-day time limit of approval of a prellwinary plan.
Mr. Dismond said the time didn't matter to them; that the next meeting on
February 5th is al/ right with them.
The Board then voted unanimously in favor of the motion to refer the plans to the
Subdivision Control Sub-committee andthe Building Inspector for report at the
February 5 meeting.
Several people present requested to be heard. It was explained that this was
just a presentation of preliminary plans, that when they submit definitive plans
there is a public hearing and then everyone can speak and the Board votes on that
hearing. Maybe there was a misunderstanding.
As Father Groden of the Archdioceses was leaving, he announced to everyone present
that they will hold a meeting on Wednesday, January 31st, at St. Michael's hall
to discuss the proposal with everyone.
The Board then held discussion of the proposal with several of the people present.
Mr. Keirstead explained that if a developer meets the statute requirements and
the Board's regulations, that the Board has to approve the subdivision. If they
don't meet them, the Board can disapprove it and if they then meet the requirements,
the Board has to approve it. However, it was brought out that court action could
be taken within the 20-day appeal period once the decision is filed.
Discussion was held as to the number of children, taxes, etc. Mr. Keirstead
explained that theywill now be taxed - that the town will collect taxes from
this development; the Archdiocese are going to turn it over to a private
developer. Several people were concerned because no taxes have been paid on
this land and now the church is going to make money by selling it. It was also
January 22, 1973 - cont.
mentioned that someone on the Planning Board is involved in this and that he
should disqualify himself. The people also felt it was unfair that they should
be charged for the sewer assessments along Waverly Road and the Archdiocese
didn't have to pay anything and will now get the benefit of it. They asked if
the church will have to pay now.
Mr. Monteiro pointed out that he does not agree entirely with Mr. Keirsteed;
there can be a denial of a subdivision bya majority vote of the Board and the
petitioner can take the Board to court.
Chapter 77~ was mentioned and noted that the petitioner is not coming in under
this law.
A letter was read by erie of the abutters that was distributed by St. Michael's
church asking the people to be considerate but he commented that the Archbishop
is not being considerate of the townspeople.
Cooperative ownership was discussed. Mr. Keirstead said that the Board does not
feel type of ownership comes under their consideration. He explained what
cooperative ownership was and that Town Counsel ruled it is allowed.
The Board announced that the February 5th meeting will be held in the High School
auditorium.
Many of the people were concerned because there is a serious drainage problem
there now and it would be even worse if the area were developed.
HOUSI~ STUDY COMMITTEE:
Mrs. Marlen Stekert appeared before to request the Board's permission to
go to the Tri-Oity Council for rehabilitation studies. The council has hired
an architect and an attorney and the committee would like to get more information
to see what help could be provided the town for a rehabilitation study. Mrs.
Stekert said the council is meeting on January 31st in Lowell and she would like
the Board's authorization to attendt primarily for information. She will then
report back to the Board before final joining.
Mr. Monteiro made a motion to authorize Mrs. Stekert to attend the meeting and
report back; Mr. Keirstead seconded the motion and the vote was unanimous.
MISCELLANEOUS MATTErS:
Mr. Keirstead read an answer from Town Counsel relative to dates of sub-
mission of preliminary plans, etc. to the Planning Board. The letter was
read and filed.
The new Subdivision Rules and Regulations have been printed and are
available for $1.OOper copy.
Mr. Keirstead reported that the Watershed Study Committee will be ready
to make a report soon; they have defined the watershed area.
January 22, 1973 - cont.
The P.U.D. Study Committee has no report to make at this time.
Discussion was held as to the $2500 that had been appropriated last year for
consulting services for the Planning Board. The Advisory Board will not agree
to carry the balance over to 1973. The Board feels that they will probably
need money for consulting services for the Watershed study. Mr. Monteiro will
get a figure from the Merrimack Valley Planning Commission as to the cost of
a consultant for the study and report at the February 5th meeting. Mr. Ostherr
will also be notified of this for the Study committee meeting.
PLANS NOT REQUIRING APPROVAL:
1. Maloney- Boston Street. Mr. Keirstead made a motion not to sign the plan
because it shows a subdivision; Mr. Monteiro seconded the motion and the vote
was U21animOUS.
2. Carney - Campbell Road. Mr. Monteiro made a motion not to sign the plan
because it does not show adequate frontage for lot "2"; Mr. Chepulis seconded
the motion and the vote was unanimous.
SOLID WASTE:
Mr. Monteiro feels the Board should discuss the solid waste problem in
the region. A definite stand should be taken by the town because with the
sewerage treatment plant being located in North A~dover,'he feels we have
enough and have done our share and should not have something else forced upon
us; let some other community be considered. This will be discussed more
thoroughly at some future meeting.
The meeting adjourned at 10:OOP.M.
Chairman
(Charles W.~Trombly, jr.)
ecretary