HomeMy WebLinkAbout1990-03-08The North Andover Planning Board held a special meeting on Thursday
evening, March 8, 1990, in the Town Hall, Selectmen's Meeting Room.
The meeting was called to order at 8~05 p.m. by the Chairman,
George Perna, Jr. Also present were John Simons, Clerk; Erich
Nitzsche and John Draper. Jack Graham was absent.
Public Hearings
Brookview - Definitive Subdivision
George Perna spoke on the purpose of the meeting, which was to
reopen the public hearing on a constructively approved subdivision.
A letter from Attorney Reginald Marden was read into the record.
Planning Board of
Town of North Andover
Town Hall
120 Main Street
N. Andover, MA 01845
March 2, 1990
Re: Farnum Property
Dear Member of the Board,
This letter is to formalize the agreement that has been reached
with the Planning Board pertaining to the Farnum subdivision which
has been constructively approved. The agreement is as follows:
The plan will be endorsed by the Town Clerk as having had
received constructive approval.
I will hold the plans in my office with out recording them for
six (6) months, from what date? except as provided by
paragraph six (6) below;
The Planning Board will continue until at least after the 1990
Annual town meeting, the application to modify or revoke the
constructive approval scheduled for next Thursday night March
8, 1990.
We will execute an appropriate request for that continuance,
prior to the opening of the public hearing and any extension
of time periods required and such documentation will be duly
filed at the Town Clerk's Office by the Planning Board.
The Planning Board will submit warrant article(s) for 1990
Annual Town Meeting to amend the Zoning Bylaw requirements for
the Village Commercial zoning district in a form agreed to by
Linda and Benjamin Farnum and the Planning Board, and will
support the article(s} before the Annual Town Meeting;
If there is no resolution of this matter, either between the
Farnums, or their agents, and the Planning Board, or if the
agreed upon by-laws are not adopted by Town Meeting, then we
will record the plan.
If there is a resolution between the Planning Board and the
Farnums and the appropriate zoning is adopted by Town Meeting,
we will allow the Planning Board to rescind subdivision
approval.
If there is no resolution as described above, the Planning
Board will be free to act subject to our rights to contest and
appeal on the hearing on the application to modify or rescind
the constructive approval of the definitive plan.
I believe this memorializes our agreement and would expect that the
agreement would be incorporated and accepted in a Planning Board
vote.
Very truly yours,
Reginald L. Marden
Benjamin Farnum
Linda Farnum
Those phrases that are bold and underlined were added by the staff
of the Division of Planning and Community Development.
John Simons read the legal notice to open the public hearing. Also
read by John Simons was a second letter from the attorney stating:
March 8, 1990
Karen M.P.Nelson, Director
Division of Planning and Community Development
120 main Street
North Andover, MA 01845
Re:Farnum Property,
Revised Letter Agreement
Dear Ms. Nelson:
I have received and reviewed the proposed revisions made by
you to our Letter Agreement dated March 2, 1990, and I have no
objection to the changes. I will redraft the letter in its revised
form and forward it to my clients for signature. With repsect to
Paragraph 2, I would suggest that it read ". ..... six (6) months
from the date of this Agreement or until the proposed amended By-
laws are not adopted by the Town, whichever occurs sooner".
I have also enclosed herein an extension which will allow the
Board to continue the public hearing on the proposed rescision of
the plan for six (6) months. Please contact me if anything else
must be done in order to effectuate a continuation of the public
hearing scheduled for March 8, 1990.
Very truly yours,
CC:
Mr and Mrs. Farnum
Thomas E. Neve
Law Offices of
Reginald L. Marden, P.C.
Signed: George A. Rand
George Perna stated that the plans have not been signed by the Town
Clerk as yet, being March 8, 1990.
John Simons read a letter of extension to September 8, 1990
Howard Thomson, 277 Farnum Street asked about zoning and the
description of the parcel.. Mr. Thomson also asked if farming
could be continued. George Perna told Mr. Thomson that the Farnums
were exercising their right to develop their property and that they
have seven years.
Marion Bojas, Raleigh Tavern Lane, questioned R-3 zoning.
Simons explained.
John
Mr. Thomson asked if there will be Village Commercial in the corn
field and along Route 114. George Perna explained where the
problem was. Village Commercial District is primarily in the
wetlands at the present time.
John Simons emphasized that there would be no developing a strip
mall.
A motion was made by Erich Nitzsche to continue the public hearing
and accept the extension. The motion was seconded by John Draper
and vote 3 to 1 in favor. The one being George Perna who abstained
for voting.
Erich Nitzsche and John Simons left the meeting at 8:25 p.m.
Discussions
Route 114/Sullivan Street - Anqus Realty Trust
Jim Bourgeois, EDS Inc., spoke on behalf of his client, Ken Yameen.
The parcel currently is zoned General Business, at the corner of
SUllivan Street. The middle portion of the parcel is zoned
Residential-2. The most northerly portion is zoned Village
Residential.
The Chairman asked Christian Huntress, Town Planner, to get the
original map that was voted on at Town Meeting. He also asked for
a copy of the proposed zoning study that was done, for that Town
Meeting, by Connery Associates.
Mr. Yameen would like to rezone the entire parcel to Village
Commercial.
Jim Bourgeois presented the Board with two possibilities. One of
the possibilities showed one entrance/egress from Route 114., the
other showed two separate curb-cuts on Route 114.
The parcel contains just under 5.5 acres.
George Perna suggested that there be a theme for the development.
A committee will be formed to study the area for next years Town
Meeting.
The North Andover Planning Board held a regular meeting on Thursday
evening March 15, 1990, in the Town Hall, Selectmen's Meeting Room.
The meeting was called to order at 8:20 p.m. by the Chairman,
George Perna, Jr. Also present were John Simons, Clerk; Erich
Nitzsche and John Draper. Jack Graham was absent.
Public Hearinqs
Bayfield Company, 2070 Turnpike Street
John Simons read a letter from E.D.C.
Tom Neve stated that the owner of the parcel wants to build a spec
building.
John Simons asked that the applicant withdraw the application
before the Planning Board and resubmit and re-advertise.
A lengthy discussion took place on the prospective owner of W.B.
Kent, not the tenant. The use of the parcel is presently
undefined.
The question of who was the applicant was discussed.
of Planning and Community Development has reviewed.
is that of the Bayfield Company.
The Director
The signature
The following changes were made to the original plans~
The offices were moved.
The truck access moved to the Northwest portion of the
plans.
Two islands were added to the plans.
The berm along Berry Street could be made higher from 4 feet to 8
feet with a fence.
Ed Pedi, Berry Street, stated that the building was a building for
a trucking company.
The engineer stated that this type of building was generic for
manufacturing.
A motion was made by Erich Nitzsche to check with Town Counsel on
the legality of the application and continue the public hearing to
April 5th. The motion was seconded by John Draper and voted
unanimously by those present.
South Bradford Street - Special Permit
A motion was made by Erich Nitzsche to continue the public hearing
to the April 5th meeting. The motions was seconded by John Draper
and voted unanimously by those present.
Johnson Country Store - Site Plan Review
A motion was made by Erich Nitzsche to continue the public hearing
to the April 5th meeting. The motion was seconded by John Draper
and voted unanimously by those present.
Erich Nitzsche and John Draper agreed with John Simons on needing
a new submittal. Town Counsel will be contacted to clarify.
Discussions
North Andover Business Park Re-zoning
The Chairman, George Perna, stated that a study for one year is the
normal for any rezoning.
The Town Planner will contact the abutters for a site visit with
the planning Board on March 24, 1990. Jim Bourgeois to come up
with some sort of plan for what could go on the particular lot.
Fellowship Bible - Rezoning Parcel
Rick Rubino, Rubino Development, prospective buyer of the property,
would like the zoning changed from Business-4 (B-4) to Business-2
(B-2).
There is a possibility of a covenant that a restaurant/eating and
drinking would not be allowed. The parcel contains 2.8 acres. Mr.
Bill Dalton, Bookstore owner in Andover, is interested in the
proposed.
The Board requested renderings on the proposed site. Traffic was
discussed relative to retail versus offices. Retail would generate
traffic after peak traffic hours. Offices would generate traffic
during peak hours. The timing of the proposed is important, the
developer could not wait for two years. One year for the next Town
Meeting and another year to secure the necessary permits.
Warrant Articles
The Planning Board was given a draft of warrant articles for Town
Meeting.
Decisions
Bayfield Company, 2070 Turnpike Street
A decision was not rendered on the Bayfield Company at this
Planning Board Meeting. The public hearing has been continued to
April 5, 1990.
Sign Plans
The Planning Board signed the following plans:
Woodchuck Grove
English Circle
Minutes
March 1, 1990
A motion was made by Erich Nitzsche to accept the minutes of March
1, 1990 as written. The motion was seconded by John Simons and
voted unanimously by those present.
Slide Presentation
Village Commercial Pro~ects
Christian Huntress, Town Planner, presented the Board with slides
on Village Commercial Projects. Several different concepts were
shown on alternatives for such projects. Some were less intrusive
than others. The presentation was well received by the Board.
A motion was made by John Draper to adjourn the meeting. The
motion was seconded by Erich Nitzsche and voted unanimously by
those present. The Planning Board Meeting adjourned at 11:O0 p.m.
George Perna, Jr., Chairman
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