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HomeMy WebLinkAbout1986-03-03REGULAR MEETING March 3, 1986 The PLANNING BOARD held a Regular Meeting on Monday evening, March 3, 1986 in the Selectmen's Meeting Room. The meeting was called to order at 8:10 p.m. The following members were present and voting: Second: Vote: Michael P. Roberts, chairman; John A. James, Jr., Clerk; Erich W. Nitzsche and John J. Burke. PUBLIC HEARINGS J. Todd - Site Plan Review and Special Permi~ John J. Burke read the legal notices for both Public Hearings. Motion: By John J. Burke to continue the public hearing until the next meeting in March because this is Mr. James last meeting and it would be fair to the applicant to have four (4) voting members present for the presentation. Erich W. Nitzsche. Unanimous. Desilets - Special Permit Hardtcourt - Site Plan Review Chairman Roberts made the statement that both these applications would be readvertised and would be heard at the March 24, 1986 Planning Board meeting. Note: Paul A. Hedstrom arrived at the meeting (8:20 p.m.). ~ray Wood Estates - Continued John J. Burke read letters from Town Counsel, Board of Health and Christiansen Engineering into the record. John James, Jr. read a letter from Mr. Hugh French and other abutters reaffirming the issues in his first letter and requesting that the Board deny the subdivision. Mr. Phil Christiansen arrived at the meeting and presented alternative drainage plans to the Board. He also informed the Board of an upcoming meeting with Mr. Graf of the Board of Health on March 10th at which he hopes to iron out any problems the Health Dept. has with the project. Mr. French read a statement from the abutters to this project requesting again that the Planning Board deny the project. Motion: Second: Vote: By John A. James, Jr. to take the matter under advisement and continue the Public Hearing until March 24, 1986. John J. Burke. Unanimous. APPROVAL NOT REQUIRED FORMS Middleton Rd., C. Copabianco, lot A-A and B-B Motion: By Erich W. Nitzsche to endorse the plan of land for which approval is not required.. Second: John A. James, JR. Vote: Four in favor; one opposed (Paul A. Hedstrom.) March 3, 1986 - Continued Peters ~t., J. Philbin Motion: By John J. Burke to approve the plan. Motion failed because there was no second. Motion: By Paul A. Hedstrom to return the plan to the applicant with the following comments: Second: Vote: 1. Why was he not at the meeting. 2. Note that it is not a subdivision. 3. Notify the Town Clerk of our decision so that he can change his records. 4. The board questions the necessity of giving a leased parcel approval. By Erich W. Nitzsche. Unanimous. Deermeadow Rd., Giles, lot line change, 30A & 31AA. Motion: By John J. Burke to approve the plan of land, Second: Erich Nitzsche. Vote: Unanimous. Old Cart Way, Teoli Motion: By John J. Burke to deny the Form A plan because it does not have frontage on an existing public way. Second: Erich W. Nitzsche. Vote: Unanimous. DISCUSSION Woodchuck - preliminary subdivision John J. Burke read letters from Highway, Conservation, Health and Fire Departments. Mr. Thomas Neve, engineer for the project and Mr. Benjamin Osgood, developer were present at the meeting. Mr. Neve stated that he requests the Planning Board consider the plan "as is" and that he requests a waiver on two items: 1) a road grade of 9% and, 2) the length of a cul-de-sac. Mr. Cyr spoke against the 9% grade and said how it is very dangerous for his employees to sand and/or service a road with that steep a grade. Mr. Neve said that he could conform to the 6% maximum requirement of the Rules and Regulations but it would mean cutting a large amount of fill from Woodchuck Hill. A site visit has been scheduled for March 29, 1986. Motion: By John J. Burke to take the matter under advisement. Second: Paul A. Hedstrom. Vote: Unanimous. SET BOND AMOUNTS Oakwood Motion: Second: Vote: By John J. Burke to set the bond amounts in accordance with letters of recommendations from the Highway Surveyor, Board of Public Works and Tree Departments. Paul A. Hedstrom. Unanimous. SPECIAL MEETING - March 13, 1986 The PLANNING BOARD held a special meeting on Thursday evening, March 13, 1986 in the Selectmen's Meeting Room. The meeting was called to order at 8:10 p.m. with the following members present and voting: Paul A. Hedstrom, Vice-Chairman; John J. Burke and John Simons. PUBLIC HEARINGS Building Limitations Article, Elizabeth Turtle, applicant John J. Burke read the legal notice for the article. Robert Kettinger, Woodberry Lane, gave a brief explanation of why the article was submitted, namely, Unrestrained growth. Other reasons cited were the deterioration of the Town's drinking water, the tripling of building permits in three years, future construction of new schools, fire station, additional staff for Town departments and the sentiment at last year's Town Meeting to limit building permits to 100. The article will affect new homes c~ly and allocation of the building permits will be determined by the Building Inspector, Board of Selectmen and the new Town Manager, who are in a better position to see what is fair and equitable. The Building Limitation article is an interim measure and will expire after a Master Plan is in place. Peter Shaheen, Town Counsel, was present to give his opinion on two issues: its legality and constitutionality. In his opinion, the article is legal and may be voted on at Town Meeting. The constitutionality of the article is not as clear. The Martha's Vinyard Sturgis vs. Chilmark is the only example in the Commonwealth where a building limitation is in place. The circumstances on Martha's Vinyard are not the same as in North Andover. On Martha's Vinyard, vacation homes were the issue. Another item raised in the Chilmark case was that of the d i munition of land, or unconstitutionaly with the taking of land with no payment. NOTE: Michael Roberts arrived at the meeting (8:25 p.m.) Further discussion followed between Paul Hedstrom and proponents of the article discussing whether or not this is a police power amendment and its constitutionality. Discussion followed concerning the fact that no allotment system is included in the article by the applicant and time duration of limiting building permits was not addressed as well. Motion: By John J. Burke to take the article under advisement. Second: Paul A. Hedstrom. Vote: Unanimous. Phased Development John Simons read the legal notice. Karen Nelson explained that the article was developed and drafted by the Zoning Bylaw Committee. It will be used as a planning tool and is an amendment to the zoning bylaw. Peter Shaheen commented that this type article has a better chance of getting approved by the 7~ttorney General. He also said that it might need more woFk on a ~workable allotment method. John Simons stated that the figures were based on a percentage scheme. The Growth Committee also reviewed this article and offered the services of their consultant to review this proposal once cn board. Motion: Second: Vote: By Paul A. Hedstrom advisement. John J. Burke. Unanimous. MINUTES - 2/10/86, 2/24/86, 3/3/86 Motion= Second: Vote: to take the article under By John J. Burke to approve the minutes. By Paul A. Hedstrom. Unanimous. APPROVAL NOT REQUIRED FORMS Boston St., Dunn, creation of new lot through variance Motion: Second: Vote: By John J. Burke. John Simons. Unanimous. The meeting ADJOURNED at 9.-30 p.m. M~cha~l P. Roberts, Chairman ecretary