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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 et