HomeMy WebLinkAbout1973-03-19Moaday - March 19, 1973
1 Subdivisiom He ~.a~lng
The PLANNING BOARD held a special meetimg om Monday eveniag, March 19, 1973 at
7:30 P.~. i~ the To~n Office Building me~%ing room. The following members were
present and voting: William Chepulis, Chairman; John J, Monteiro, Vice Chairman;
Paul R. Lamprey, Clerk; D~nald N. Xeiretead and Fritz Ostherr.
There were ovgr 20 people present far the meeting.
Mr. Oetherr made a motion to acCept the minutes of Feb. 19th & ~t~rch 5th,~ as ~ritten;
Mr. Monteiro s~conded the motion and the vote ~as unanimous.
HEARI~: "Amirew Circle" Subdivision.
Mr. Lamprey read the legal notice in the application of A~__rew Sorbo, who
requested approval as a subdivision, 6.& acres of la~d situated on the zouth~eet
corner of the intersection of Andover Street and Cypress Terrace. ..
Atty. Maurice Schwartz, 30 La~rence St., La~ronce, represented, the petitioner, He
said that the plans presented to the Board meet all of the requirements of the Sub-
division Control Law and rules and regulations of the to~n. All lots have the re-
quired frontage and area and mar~ are in excess of the requirements. The. roadway
has been laid out as required and he is requesting the Board's approval of the
subdivision,
James Rand, engineer and surveyor for PembrOke Land Survey~ Salem~ N.H. ~ stated
he designed the subdivision for Mr. Sorbo and again stated that it meets ail
requirements of the to~nt and he had made the changes as recommended by the Board
previously. '
Mr. Honteiro reported that he and Mr. Chepulis had looked over the subdivigion
s.~d report favorably on it. They feel it is a good development ~d should be
approved. They found that Andrew Circle is more than 125 feet from Dufton Court.
The .Board had recommended the pavement ~idth of the roadway to be 22 feet; originally
it was shown as 28 feet.
Mr. Herlihy, Carry Circle, questioned wh~ only 100 ~feet frontage was shoran, Mr.
Xeirstead explatued that zoning was changed in that area to P~, which requires only
100 ft. frontage, since there were sewer facilities in that area.
Dick Crittendon, 279 A~Mover St., asked if they propose to build single family
hones. Atty. Schwartz said that at present they contemplate single families but
zoning does allow other uses. They will comply with the zoning.
Mr. Crittendon asked if the lots are big ~ough for t~c-family homes; can either
s~.ngle or two-family homes be built and ~ ] ] the homes tie into the sewer? The
Board said yes.
Mr. Mascola, Andover St., asked if an~ driveways ~ould enter onto Cypress Terrace.
The ~wer was no. He asked if there was any possibility that the street would
tie into the Flatley land. Mr. Keirstead said no such extension is sho~; the
roadway is terminated in a turnaround. Mr. Mascola questioned the drainage of the
water flow and it ~as exp]~ed that the drains on the road would take care of the
water. Mr. Rand said that the subdivision is designed so that water ~ill not flow
onto Andover Street.
March 19, 1973 - cont.
After being questioned, Atty. Schwartz said that Mr. Sorbo has a purchase and sales
agreement with Mr. Malamed. Upon approval of this subdivision, the land will be
purchased.
Mr. Herlihy said he is aga~st two-family hemes being allowed a~d making the area
more congested and he doesn't think it's right for someone te request a subdivision
when he doesn't own the'land.
Louis DiFruscio asked that if the subdivision is granted could there be a condition
placed allowing only s~Agle family homes. Mr. Chepulis explained that the Board
cannot make such stipulations. Mr. DiFruscio asked if townhouass could be built.
Mr. Kairstead explained ,that it is an allowed use in the R-~ d~strict and that the
lots can be changed to e°nf°~mght£th°Utml coming before the Board again. ~ The way the
roadway is laid outt there be setback problems for townhouses. The roadway
cannot be changed without coming before the Board again. Mr. Crittendon asked how
man~ families ~ould live there is townhouses were -l~owed. The Board figured at
7 units per acre, probably about 35 units at the most.
Mr. Mascola asked if there was any time limit as to when b,,41ding can start. Mr.
Keirstead said ~he only time limit is on whe~ the roadway has to be completed.
Atty. Schwartz said a covenant would be filed and the ,road will he completed
~mmediately.
A letter was received from the Board of Public #orks stating that overythiag was
in conformance with their requiremeaLs. Mr. Ohepulis questioned the berm require-
ment. The Board felt that the area is f$4~ly flat and the berm is not needed.
Mr. Keirstead made a motion to APPROVE the subdivision with the usual conditionsl
Mr. Menteiro seconded the motion and. the vote was uma~imous.
A letter was received from the. Selectmen notifying the Board tha~ appointment
of town counsel ~ould take place on March 26th and that the Chairman of the Planning
Board should be pre~ent to vote.
All of the Board members felt that the presant town counsel~ Arnold H. Salisbury,
should receive the Board's vote; and Chairmaa Ch,epulis will so vote.
The Board members signed the letters that had been prepared for La~d Court
and the Registry Of Deeds.
Mr. Xeirstead made a motion to sign the plan not requiring approval for Old N.A.
Realty Trust~ Raleigh Tavern Lane~ Mr. Ostherr seconded the motion and the vote
was' tlnal~llS.
#SALE~ GARDENS" SUBDIFISION:
Mr. Morris, the engineer, presented corrected plains 'to the Beard. The members
checked over the 'several suggested changes as ]~sted. Mr. Morris said' the catch
basins at Salem St. do not exist;~they will pipe along Salem St. a~d extend the
system. Mr. Keirstead made a mo~ion to refer the plexus to the Subdivision Control
Sub-committee for r,ep?rt, at the next meeting (Montetro & Ostherr); Mr. Os~herr
seconded the motion and the vOte was unanimous.
March 19, 1973 - cont.
VILLAGE GREEN APARTMENTS: ~
~everal women from the Vtllage Green apartments were present because of their
concern that the apartments are being sold as condominiums. Mr. Nonteiro presented
a copy of a brochure which was given to him relative to the apartments. Mr. Keir-
stead said that he had checked with Town Counsel and oondominiums are ~11owed.
A lengthy discussion was held on this matter. Buil~. g Inspector Foster said he
would get something in writing from Town Counsel.
ARCHDIOCESE:
James Besttie, spokesman for the group ag~tnst *the Arehdiocese townheuse
development, made the following presentation to the Board. Mr. Monteiro asked-
that it be made a part of the minutes of the meeting, as follows:
#Gentlemen of the Pl~r~t.g Board:
I think all of us here, should be app~l 1 ed at the latest ecti. on taken by the
Archdiocese. Are we to bolieve that when they agreed to meet with this Pl~nrdng
Board. on this evening that they did not know of their previous commitment? We
feel that this was a great injustice to this Board and to the hundreds of townspeople
who were planming to attend. Their attitude seems to be one of 'When we are ready
we will be there.'
Since the moratorima on these type of dwel]t-Es has been in effect, has any
...one of the Board actually looked into~sites owned by the town on which low-income
housing could be built in proportionate to our needs and not all into one general
site where apartment building has ~]weady saturated the area.
We also wOuld like to remind the Board to ramamber the numerous safety,
health and proper~y damage that the abutters would have to centend with.
We feel that the t~ planners part in the buil~tug of the elderly housing
in this community has been highly commendable. This type of housiag is beauti-
fully built to last for years and with the m~imum of maintenance costs because
this town prides itself in doing things right. Our research into the construction
compamy that handlos the building for the Archdiocese shows that they have been
called back' on numerous occasions to f,,]fill their obligations on various projects
in other towns. In lieu of this, we ask the Planning Board to vote against this
proposed townhouse complex and also vote for an in-depth study of lo~-income
housing the way this t~wn shall expect them to be built.
! th~,k this is ~hat the taxpayers wOre asking for when they voted in December
for a moratorium, not a stoppage, but a chance to show what we could do with
proper planningt which I have previously noted 'we take a lot of pride in.'
In conclusion, I would like to remind She Board of the opening paragraph
of the Rules and Regulations Governing the Subdivision of Land, North Andever,
Massachusetts ..... Purpose (Section 81-M of Chapter Al, G.L.) which is part of
State Law ~O-B.
'The Subdivision-Control Law has b. een .enacted for th..e purpose of ~rotectin~
the safety.' convenienc..e., and welfare of the inhabitants of the cities and towns
in .which it is, or may hereafter be, put in effect by regulating the laying'out
and construction of ways in subdivisions provi~t-g access to the several lots
therein, but which have not become public ways,- and ensuring conditions t.-~ sub-
divisions a~d in proper cases, parks and open areas,' stc ...........
MarCh 19, 1973 - cont.
Mrs. Xay Hoar, Maverl~ Rd., asked'if the Archdiocese ~mld be co~ing in this month
or if the Board was going to meet again this month. Mr. Chepulis said mo{ that
everyone w~11 be aware of when the meeting is going to be held. Mr. Keirstead
suggested that. if they co.m.micate with us,, that an appropriate date eould be
April 23rd, but not before that date.
A lengthy discussion was held on low-incoae housing and it was noted that the
Housing Authority looks into sites for hous~ngt not the Planning Board.
The meeting adjourned at 10:00 P.M.
Seeretary