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HomeMy WebLinkAbout1988-04-29The North Andover Planning Board held a special meeting on April 29, 1988 in the Town Hall Selectmen Meeting Room. The meeting was called to order at 7~20 p.m. by Vice Chairman George Perna. Also present were John Simons, Clerk; Erich Nitzsche and Michael Leary. Paul Hedstrom arrived at approximately 8:15 p.m. Public Hearings Rezoning Hillside Road ~ Route 125 (R-3 to R-5) - Warrant Article 46 and Warrant Article 47 John Simons read the legal notice to open the public hearings. Joseph Cushing, Richard F. Kaminski & Associates said that the petitioners are withdrawing Article 46 because one of the lots was omitted form the Article because the owner was on vacation, and since that time the owner of the parcel omitted wants his parcel included with the rest of the owners. Article 47 incorporates land from Route 125/Route 114 up to the Industrial Park to be rezoned. It is presently zoned R-3 and is surrounded by Commercial and Industrial property. John Simons asked why the petitioner did not choose Village Residential (VR}. Mr. Cushing said that R-5 would be less intrusive. Erich Nitzsche asked if there was a specific use intended for these parcels. Mr. Cushing said that at the present time there was not. A brief discussion on the area no longer being suitable for single family zoning was held between the Board members and Mr. Cushing. Erich Nitzsche wanted to see some type of proposal for the particular area. Mr. Cushing said with 19 individual home owners it would be impossible to come in with a specific proposal because it would be very unlikely that all 19 owners would sell at the same time to one developer. Erich disagreed. He said it could happen. Joan Redman, an abutter, expressed great concern over the traffic in the Industrial Zone next to her property. She said the area was developed piece meal. Paul Hedstrom said that the entire area is zoned Industrial and objected to Mrs. Redman's statement about piece meal development. Paul said that the market determines the rate of development. Mrs. Redman said that her property has been on the market quite sometime and because of the zoning and what is allowed, she has been unable to sell. A heated discussion took place between Paul Hedstrom and Mrs. Redman on the Industrial zoning. Joseph Cushing said that if the Board could come up with another alternative zone for those particular parcels, then fine. Paul Hedstrom said that changing the zone to R-5 would increase the density in that area, maybe the answer is having mixed zoning. Frank Serio, 250 Hillside Road, said because of the different ages, people will be retiring at different times and might sill at different times. Paul Hedstrom reiterated the density factor and the Towns people voting no on increasing the density. John Simons stated that R-3 zoning in that area was not right but was not sure what the zoning should be and with Town Meeting three days away, time was a factor. The issue should be studied further. He asked that the petitioners withdraw their rezoning article. Paul Hedstrom recommended that a consultant study the area for rezoning. Paul Hedstrom also recommended the probability of zoning the area GB and I-1. Mr. Herb Redman, abutter, questioned if the consultants came back and recommended R-5 zoning what would happen. Paul Hedstrom said it would pass at Town Meeting. The consensus of the Board was that it was not an area for children to be raised, voting a favorable recommendation to rezone to R-5 would increase the number of units allowed , to approximately 300 and increasing the number of children in the area. Michael Leary felt that the petitioners should withdraw the article with the commitment from the Board that they will work with them during the next year and come up with a sensible answer. Barbara McKenzie, Turnpike Street, asked if the Board had the option to shut something down if it went in an industrial area. Paul Hedstrom said that the Board could not because a person has the right to develop. Mr. Cushing said he would like to leave the article as it is and have the Board make a recommendation to Town Meeting. MOTION~ By John Simons, that the Planning Board accept withdrawal of the Article without prejudice and make further commitment to study the issue in conjunction with the consultant and with the efforts of the Board over the coming year, so as to make a full proposal at next years Town Meeting. If the applicant chooses not to with draw the article, then recommend that the Planning Board make an unfavorable recommendation on the article due to the fact that there is insufficient time to study the issue. SECOND: Erich Nitzsche VOTE: Unanimous of those present. Paul Hedstrom arrived at approximately 8~15 p.m. The meeting was turned over to the Chairman at that time. Recommendations to Town Meeting Edgewood Farm CCRC Project - Warrant Article 32 Preliminary Plan Decision - Section 11.3 Zoning Bylaw Mr. Elias stated that the law suit between the Board of Selectmen and the Board of Appeals had been settled. Paul Hedstrom was unable to participate at the previous hearing due to the fact that the firm he works for was involved in the case. The Board went over the draft decision and recommendations presented by John Simons. MOTION: By Erich Nitzsche to approve the preliminary plan for Edgewood Farm, CCRC in accordance with the draft decision. MOTION: By Erich Nitzsche to make a favorable recommendation on Article 32. John Simons wanted to amend the motion by adding "subject to any of the conditions in the preliminary decision that are pertinent, such as a private covenant Erich Nitzsche withdrew his motion and made a new motion. Motion: By Erich Nitzsche to recommend that the Planning Board recommend favorable action on Article 32 on the condition that Article 27 passes at Town Meeting, in accordance with Town Counsels recommendations. SECOND: Michael Leafy A brief discussion took place on the proper way to submit a motion incorporating the preliminary plan conditions. Paul Hedstrom said he could not tie a zoning article with a preliminary plan limitation. Erich Nitzsche withdrew his motion and Michael Leary withdrew his second. Motion: By Erich Nitzsche to recommend favorable action on Article 32 on the condition that Article 27 passes and the recommendation is based on the preliminary subdivision plan on file with the Planning Board dated March 10, 1988, entitled Edgewood Retirement & Gereatric Health Center. SECOND: Michael Leafy VOTE: Unanimous of those present Phillips Farm Independent Elderly Housing - Warrant Article 33 Preliminary Plan - Section 11.3 Zoning Bylaw MOTION: By Erich Nitzsche to approve the preliminary plan subject to the draft decision as written. John Simons amended the motion be extracting Condition #10 and putting it in the form of a statement, with softer language, at the end of the draft decision. SECOND: George Perna VOTE: Unanimous of those present. MOTION: By John Simons to recommend favorable action on Article 33 subject to Article 28 passing as substantially shown as,(entitled) Samuel Phillips Common, An Independent Residential Village, dated April 4, 1988. SECOND: Erich Nitzsche VOTE: Unanimous of those present. MOTION: By John Simons to approve the preliminary plan subject to the condition written for Edgewood Farm pertinent to this plan. SECOND: George Perna VOTE: Unanimous of those present. The Chairman, Paul Hedstrom turned the.meet~ng~over~o Vice Chairman, George Perna. Berry Street Rezoning VR to GB - Warrant Article 48 MOTION: By Paul Hedstrom to recommend unfavorable action on the rezoning of Berry Street. SECOND: Erich Nitzsche VOTE: Unanimous of those present. Paul Hedstrom resumed the chair, Town Meetinq Recommendations as Required By Chapter 2, Section 9 of the Town Charter Land Utilization/Town Farm Property - Warrant Article 22 John Simons commented on the site of the Town Farm and that it was not an appropriate site for a school. George Perna commented on the issue of requesting another site for a school. A lengthy discussion took place between the Board and the School Building Committee on potential sites for the school. Paul Hedstrom read Article 22 to the Board. MOTION: By Michael Leary to recommend favorable action on Article 22. SECOND: Erich Nitzsche VOTEs In favor - George Perna, Erich Nitzsche, Michael Leary and Paul Hedstrom. Opposed - John Simons Land Utilization/Town Farm Property - Warrant Article 23. MOTION, By Erich Nitzsche to recommend unfavorable action, recommending the article be withdrawn. SECOND: George Perna VOTE: Unanimous of those present. Requisition of Land for School Site - Warrant Article 25 MOTIONs By Michael Leary to recommend unfavorable action on Article 25. SECOND: Erich Nitzsche VOTE: In favor - Erich Nitzsche, Michael Leary, George Perna and Paul Hedstrom. Opposed: John Simons