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HomeMy WebLinkAbout1974-07-01Monday - July 1, 1974 Regular Meeting The PLA~G ]~iARD held its regular meeting on Monda~v evening, July l, ~974, at 7;30 P.M. in the Fire Station. The following members were present and voting: Fritz 0stherr, Acting Chairman; Paul R. Lamprey; William I~. Salemme; and John J. Monteiro. Mr. Salemme made a motion to accept the minutes from the previOUs meetihg, Mr. 0stherr seconded the motion and the vote was unanimous. There were over 50 people present. SCENIC ROADS: Mr. 0stherr prefaced the hearing by explaining the law on the books about Scenic Roads and stated that although a public hearing is not required, we have done so in order to get the feeling of the townspeople on this matter. He also set the ground rules for the hearing as follows: to hear the proponents of Scenic Roads as to why they want Great Pond Road made a scenic road and to hear the opponent~ reasons why they a~e against it. Following 2he discussion, the Board would objectively arrive at some sort of action ~he Town could take on the matter. persons in favor: Dana Fisher: Basic pre~ise is to preserve the existing charm of rural areas in North Andover; the objective is to avoid "boulevardization" of the country roads. Albert Manzi: People have considerable investments in this area and the m~in reason they bought property here is that they liked the country road. Mrs. Dana ~sher: ~reat pond Rd. is a link with other country roads and, if you desire to avoid the highways, you can use these. Salem St. has not only lost trees but they have taken down stone walls and even if they are replaced, under Chapter 90, they do not look the same. Look ahead in a broader scope as to woodlands, wetlands and open space. Walter Muir Whitehill~ Mr. Whitehill spoke strongly in favor of this proposal. Mentioned that he has seen many changes in 38 years which were not all good, ~ayton 0sg~od: Spoke in favor, if it can be done right. Referred to John Brown's report, which calls ~reat Poud Rd. a "collector street". He feels this is good, but also can see the Highway Surveyor's and Tree Warden's point of view. They should not have to come to the 1W~NNING BOARD to widen a street or cut a tree down. He wants to see the road maintained. Dr. Wm. Elias: Cited that he has lived on Great Pond Rd. since ~956 and has seen the traffic grow every time the road is paved and resurfaced. ~e are happy with Great Pond Rd. the way it is;'he stated. Mr. Cyr interjected that it is a potential danger and a hazard. Thomas Burns: Mr. Burns agreed with all that had been said and stated he appreciated the interest shown and asked if there was anyone completely opposed. Leo L~fend thought that an interpretation of Ch. 87 should be obtained from Town 0ounsel. He still questions whether his department will have trouble if this goes into effect. Mr. Lafond stated further that he feels this law is against Ch. 90, road widening. Jul~ 1, 1974 - cont. William Cyr, Highway Surveyor, spoke about Ch. 90 and said that we can't compare Salem St. and Great P~nd Rd. Salem St. is an undevelopedartery from Middleton into a potentially very heavily populated area. Great Pond Rd. should be as scenic in the future as it is now, but we have to take safety measures. It is on the Ch. 90 list only for spot improvements. Mr. Cyr cited a bad condition at the "hairpin turn" at Brooks School, hump at Brentwood Circle was very bad but has been improved. Great Pond Rd. has narrow spots as narrow as 18 ft. and, further, he would like to take a bit off the corner at Leland's. Mr. Ostherr asked Mr. Cyr if he could live with the Scenic Roads. Mr. Oyr's reply was "I don't like the restrictions involved." He added that he really thinks it is unnecessary and can't see any changes on Great Pond Rd. Nfs. Leland spoke that she trusts Mr. Cyr, but someone else later on might not feel the same way. OPPOSITION: Michael Schena: Mr. Schena voiced opposition to the Scenic Roads under the state law and feels that far too often we are accepting state and federal laws and the restrictions that go with them. He further stated that this state law is giving the authority to the wrong Board. lie is not opposed to keeping the road as nice as it is, Following this discussion, Mr. Ted Leland asked if this can be a Scenic Road. John Nonteiro, Board member, spoke about how he presented the Scenic Roads Bill t° the FLANNING BOARD last year. Since that time, Mr. Nonteiro said, 147 streets have been so designated as Scenic Roads and there has been no conflict with Ch. 86. It comes under the jurisdiction of an elected Board of the Town, either the Planning Board or the Selectmen. Ne suggested that the Planning Board use Great Pond Rd. at this time and take general proceedings for a public hearing and Town Meeting. Member Lamprey made a motion for the P~A~NINO BOARD to petition the Selectmen for a Special Town Meeting to be held in September at which time the By-Lawswould be presented. Mr. Menteire seconded the motion and the vote unanimous. Mr. Monteiro made a motion that the PLANNING BOARD recommend Great Pond Rd. be desig- nated as a Scenic Road at the Special Town Meeting. Mr. Lamprey seconded the motion and the vote was unanimous. Mr. Lampre~ade a further motion that the PLANNING BOARD establish a committee to draf~ regulations for enforcing the Scenic Roads Law, Ch. 67, and that the Highway Surveyor, Tree Warden, proponents and opponents be included as members of thiscommittee. Mr. Nonteiro seconded and the vote was unanimous. PLAN~ NOT REQUIRING APPROVAL: Merrimack College - Atty. Earl Brown represented the College. The BOAHD advised him to withdraw the plans and re-submit with a new notation as to the purpose of conveyance. 5 Barco Corp., Joseph Barbagallo petitioner. Mr. Lamprey made a motion that the BOARD endorse the plans as not requiring approval under the subdivision control law. Mr. Salemme seconded the motion and the vote was unanimous. (~ores% St.) July l, 1974 - cent. 3. Scott Properties, Inc., Mr. John Tuttle - re land on Grey St. Mr. Lamprey made a motion to endorse the pla~s as not requiring approval under Subdivision Control Law andMr. Monteiro seconded the motion. .The vote was unanimous. 4. Appledore - plans signed by Victor Harem in R-3 district. Mr. Monteiro made a motion to endorse the plan as not req, Airing approval under Subdivision Control Law and the motion was seconded byNr. Lamprey. The vote was unanimous. DIS~d~ION: T. J. FLATLEY - TRAFALGAR ESTATES The petitioner w~s represented by Atty. Willis. The purpose of this discussion was to ~llow the developer to present his plan. According to. Mr. Willis, this parcel of land was ~uggestedbyJohnBro~n's recommendations to be used for other than single family homes. Mr. Flatley purchased the land to develop it for multi-family dwellings. The petitioner is placed in a position to proceed with the plan (for duplexes) that we h~ve before us now. To~n Meeting did not see fit to re-zone from R-4 to R-5. Mr. Willis stated that it is not his desire to take this route, but he has no choice. Mr. Monteiro felt that of the two plans that have been presented these are not as good as the ones presented at To~n Meeting. He also thought maybe it would be appropriate if the BOARD would go back to Town Meeting for reconsideration to re~urn to the original plans. Mr. Monteiro has had many phone calls from people who are opposed to this new development of duplexes. Mr. Mark Donovan, Executive Director for T. J. Flatley, stated that if it is ~he BOARD'S feeling that they would prefer another plan Flatley would withdraw these plans and go for a Special To~nMeeting. Mr. Salemme remarked that he couldn't see how the BOARD can change its mind and make a recommendation about Town Meeting on a plan that is not complete. Presentation continued byMr. Willis in which he stated that they will be opening 5 streets. The Building Inspector asked if it is necessary that these streets be opened, and Mr. Willis gave the reason because they have the right to use them. Daniel O'Leary, a neighbor, felt that with the old plan it wouldnet cost the Town a nickel, but under this plan the Town would have to bear the burden of the maintenance of these streets. Member Monteiro ~ent on to say that under this plan it would cost the Town a tremendous amount of money due to schools, etc, and that the PInG BOARD should take cost value analysis into consideration. Mr. Ostherr added the question as to who. e or not this plan is adequate from an engineering point of view or would it be better politically to go b~ck and put the zoning in again. Mr. Donovan said they would like to proceed i~urther with the engineering if the feeling of the BOARD is not to go back to Town Meeting. Mr. Monteiro made a motion for the PLANNING BOARD to endorse an article that the old plan be taken for recons~ration at Town Meeting on the zoning regulation. Mr. Ostherr seconded ~he motion. During thediscussion that followed, Mr. Monteiro. thought we should give the people the opportunity at Town Meeting to see both plans and decide for themselves. He felt the cost value should be made known to the people because after studying both plans the drainage is the same but the costs are not. July 1, 1974 - cent. Raymond Camry of Phillips Ct. asked why they have to open 5 streets. F~r. Donovan said they have maximized the plan. Mr. Willis sai~#l they have a right to do this amd#2 itfs a dollars and cents deal, accesses and egresses make way for more duplexes and in order to have street frontage you have to have streets. Maurice Lynch, Wilson Rd., stated that the majority of traffic is going to use Highland Terrace and Summit and Wilson Rd. goes out onto Wils~n's Corner which is one of the most busy corners in the Town. Jac~ueline Lamprey, resident of the Town, sPoke in reference to the fact that duplexes would be good for this Town, empecially for people with families. Mr, Foster, Building Inspector, further discussed that these lots are indicated on the plan as 12,500 sq. ft. + or - and asked if they would have the correct area. Mr. Ikmovan said they will have the 12,500 sq. f~. because most of the lots are well over the 12,500. William Cyr, Highway Surveyor, requested to have the letters from town departments read. Fir. Ostherr read the letters. The vote was then taken on Mr. Memteiro's motion and the results were: Mr. Ostherr and Mr. Monteiro voting in favor and Mr. Lamprey and Mr. Salemme were opposed. The P~A~NING BOARD asked what they pla~-ed to do about the drainage. Mr. Willis said they can't get any resolution from the state until it clears the BOARD. Mr. DeAngelo, State DPW, stated that they have not received a drainage report. Flatleyrepresenta- tires said that a study was submitted and that they have met with state officials and details of the drainage problems were described. Mr. Lamprey made a motion to refer the plans to the Subdivision Subcommittee %0 be reported on at the next meeting. Mr. Monteiro seconded the motion and the vote was unanimous. BOA~ OP APPEALS m~mw~INGS AND DECISIONS: The BOARD received notices of the following hearings.to be held on July 8, 1974: 1. William F. Somerville - re land on Chadwick St. Mr. Lamprey made a motion to make no recommendation, Mr. Monteiro seconded and the vote was unanimous. 1. R & T Realty - the same petition as before. Mr. Lamprey made a motion to let the previous comments stand, Mr. Monteirc seconded the motion and the vote was unanimous. 3. Mildred DiMmuro - re land on Richardson Ave. Mr. Lamprey made a motion to make no recommendation, Mr. Monteiro seconded the motion and the vote was unanimous. NATERIAL ~R0~ CONSERVATION COMMISSION & DEPT. OF NATURAL RESOURCES: The Board reviewed the material pertaining to above and made no comment. NOTICE 01~ FILINGS I~OR TOWN REPORT: The BOARD decided that the secretary should compile the information for the report. Mr. Salemme made a report on the bids for the Zoning By-Law booklets. Four estimates were received and are as follows: July 1~ 1974 - cont. Advance Reproductions - $820.00~ Town Printing - 648.45 Naiman Press - 635.00 Boynton Press - 428.~0 Upon the motion cf Mr. Salemme, the BOARD voted unanimously to award the contract to Boynt on Press. The BOARD referred hank to the Dept. of Natural Resources report on Salem Gardens and decided to so advise the engineer, Frank Gelinas, to put #13 on the plan. ~_~RING FOR SU]~IVISION RULES & REGULATIONS Pd~INDER: The BOARD advised the secretary %0 refer to the paragraph numbers when making out the legal notice. Discussion with Charles Foster regarding telephone installation for the secretary. The decision was made to get the least costly alternative, so there will be a jack installed in the office having the same number as the Building Inspector. NISCELLANEOUSMA%~ERS: Inform Mr. Chepulis about special meeting called for July 11, 1974 regarding Trafalgar Estates in order to be within the time limit. The BOARD will discuss Flood Plain Z~ning letter from the Selectmen at the special meeting. Mr. Salemme .suggested asking-Town Counsel about Home Rule in regard to Environmental Meeting adjourned at 11 P.M.