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HomeMy WebLinkAbout1974-08-13AuguSt 12,, 1974 Special Meeting The PLANNI~G BOARD held a Special Meeting on August 13, ~974 at 7:30 P.M. in the Town Office Meeting Room. The following members were present ~nd voting: William Chepulis, Chairm~n; l~ritz Ostherr, Vice Oh~irm~n; William N. Salemme, Clerk; Paul R. Lamprey and John J. Monteiro. There were 6 people present for the meeting. ROE~RT J. BURl(E: Atty. Victor Harem represented Mr. Burke. An analysis ~nd report was given by the Subdivision Control Subcommittee at which time Mr. Ostherrm~de a motion that the PLANNING BOARD not endorse the plan as shown under Section 8~L, Oh. 41 of the ~eneral Laws. Mr. Os~err~state~th~t the Subcommittee met with the petitioner and TownCounsel and spoke to/r°~s~l~imes. A letter isrecorded in thePLA~ING BOARD files which Mr. Ostherr ~rote to ?own Counsel on August 9, 1974. The reply from Mr. ~lis- bury, dated August 13, 1974, in which he states that he,is in agreement with the Subcommittee is also on file. To explain i"urther, under Sec. 81P, the ro~d has to be a'traveled ~ay or accepted under the Subdivision Control Law. Mr. Lamprey seconded the motion by Mr. Ostherr and a discussion followed. Mr. Natem stated that he feels they come under an exemption on (B) of 81L because of the subdivision layed out in 1925. The old Board of Survey operated under Oh. 41, Sec. 73 of the ~eneral Laws. A vote was taken on the motion and the ~ voted unanimously that the plan will no._~t be endorsed as not requiring approval under Subdivision Control Law. ~ SALEM f~%RD]~S - CHESTER SULLIVAN: Mr. Sullivan represented himself. A discussion took place regarding the ~0 easement that was added. Mr. Sullivan said that the plan has not been recorded. Mr. Ohepulis s~ated that the BOARD could not sign the pla~ that they h~ve before them at this time and told Mr. Sullivan that his dr~ftsn~n should make a 'new plan. The intent is to re-sign the plan so it can be recorded and, also, incorporate the 40 i~t. easement change. Mr. Sullivan stated that he is at this ~pecial Meeting because of an urgent need to get going. Mr. Ostherr made a motion that the PLANNIN~ BOARD re-~pprove 'the modified plan of Salem ~rdens to the modification date as shown on the plan of April 1, 1~74. Mr. Monteiro seconded the motion and a discussion followed. Mr. Chepulis recommends that the petitioner correct these plans and come b~ck in for signatures. The BOARD requested Mr. Sullivan to present 3 linens, all showing the s~me thing, such as 1) 40 ft, easement; 2) current revision dateand the proper number of prints. A vote was taken on Mr. Osther~'s motion and all members voted nay. The ~D~Ae~io~he."n~ible 50 i%. right-of-way and possible future street with only something "possible" or "future" written thereon. They felt this ~s too ambiguous. Mr. Monteiro stated that the easements bothered him more than anytt~ng. A discussion with Mr. Fart followed. Mr. Chepulis wondered why the ~0 ft. right-of-way August 13, 1974 - cont. on this plan because he felt as though it is just muddying the situation at this point in time. The BOARD felt that judging by the present plans, there is inconclusive evidence that it is not a sulxlivision. Mr. Ostherrmade a me, lo, that PLANNING BOARD not endorse as notrequiring approval under ~bdivision Control ;uaw the plan of Lots'~-58, Salem Forest, ~ated July 9, 1974 because it shews a subdivision. Mr. Nonteiro seconded the motion and the vote w~s una4%imo~s. MR. &N~So WILLIAN WOODR~N3SE- 192 NIGH ST.: The Building Inspector spoke for the Woodhouses and told the BOARD that they own a parcel of land on which their two-familydwelling is located plus a small building. This buildingwas used as a v~riety Store and any number of commercial uses. In 1972 it was rezoned to R-4. At the time of the zoning change, a fellow was refinishing furniture but now he has gone elsewhere. Fir. &M. rs. Woodhouse would like to know if they could use this building for residential purposes. Nr. Foster stated that the statute provide§ that the use of 2 buildings on one.lot must be approved by the PLAN- NING BOARD and, went on to say, that he can see no reason in the Zoning By~Law to restrict it from residential purposes except %hat the BOARD must give %heir appro~l. Bc%hl~uildings front right on the street and there is no subdivision of land. Ne stated that some minor remodeling may take place and that he didn't think there were any abutters opposed to this. Mr. Woodhouse stated there would be no cbauge to the size of the s~ructure and that he had no intention of selling it. The actual size of the building is 26 f~. by ~6 f~. The BOARD stated that the Rules and Regulations of the town of North A~dover give the authority to gra~t permission for this request. Mr. Monteiro made a mott~ to grant to Mr. & Mrs. William Woodhouse the permission to convert into .1 Awelling unit the building at 188 High S~. Mr. Ostherr seconded the motion and a discussion followed. Mr. Ostherr brought up the question of parking facilities. Mr. Woodhouse said the parking area will be between the small building and the main house. Mr. Chepulis questioned the fact as to whether the BOARD ahould take action at a Special Meeting. Mr. Ostherr explained he understood Chairman Chepulis' concern, but doesn't think it is a problem. Mr. Salemme amended the motion previously made to state, adequate parking facilities must be provided and Nr~ Nonteiro seconded. The vote of the BOARD was unanimous. The members then voted on the main motion and this was, also, .unanimous. MATTERS: Mr. Chepulis reported that Richard Kulpinski had advised that the Advisory Bcard would take up the matter of engaging Metcalf & Eddy at 8;30 P.M. on ~August 19, 1974J The meeting adjonrned at 9:30 P.M. ~J~~x%~hairmam (William Ohepu~is)  cretary (Gildm Blackstock)