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HomeMy WebLinkAbout1976-04-05Monday - April 5, 1976 Regular Meeting ~.~eDP..~. NG BOARD held its regular meeting on Monday evening, April 5, 1976 ~ ~h~VF~'Station meeting room. The following members were present and voting: Fritz Ostherr, Chairman; John J. Monteiro, Paul R. Lamprey, William N. Salomme and William Chepulis..~ ~ There were 50 to 75 people present. The large number of people were present for the continued dis.~ssion of the "proposed moratorium" of John Monteiro. Mr. Monteiro presented the following in the form of a motion: "Whereas: the town of North Andover is experiencing problems with our~water supply, sewerage, septic system and roads Whereas: The Group (Growth) Policy Commission has not completed a study of the town's growth, objectives, priorities and problems Whereas: Whereas: Whereas: the Planning Board has not completed a watershed study the town Master Plan has not been updated development of future subdivision will cause more septic tank, traffic problems Whereas: town zo-t~g regulations must be clarified in regard to the new Chapter 808 of the Acts of 1975 (Zoning Enabling Act) Whereas: the Planning Board will study cluster zoning Now therefore based on the above considerations of Health, Welfare ~.nd Safety in the town of North Andover be it resolved that the planning governing board of North Andover, establish a subdivision moratorium by-law prohibiting an issuance of any building permit to a builder in a subdivision of the town of North Andover for a period of 2 years from the adoption of t¥~s by-law. I move that the town vote to amend its Zoning By-Law by adding at the end the following: No buil~ng permit shall be issued for a dwelling in a subdivision ~# for a period of 2 years from the date of adoption of this by-law." Mr. Lamprey seconded the motion. The following people spoke in opposition: Michael Schena, Hillside Rd. and his attorney, Eugene Tougas of Waltham and Garen Bresnick, Executive V.P. of the Homebuilders Assoc. of Mass. Atty. John J. Willis, Pleasant St. Benjamin Osgood, Old Village Lane Frank Gelinas, Raleigh Tavern Lane Richard Perkins, president of Land Vest and N. A. Associates Mrs. Reginald Landry, Johnson Street Edward Phelan, Board of Assessors April 5, 1976 - cont. (2) They argued that a moratorium was not needed, that it would not solve problems which exist largely with individual lots on already accepted streets; that this would not be a legal action since there is no compelling reasons, for such a drastic measure; that in these times of so much unemployment, this action would deprive builders, plumbers, electricians, etc. of their ]~velihood and cause more unemployment; this action would put people into bankruptcy. The people speaking for the moratorium were as follows: Michael Smolak, representative of the North AndoverLand Use Action Group William Cyr, Highway Surveyor Philip Busby, Chestnut Street Josephine~yzinski Joseph Giard, Johnson Street Connie Bernal, Marbleridge Rd. Dr. Love, Boxford Street Dr. Bob Smith, Marbleridge Rd. They argued for protection from development; are concerned with the wetlands; there does not seem to be any system of checks and balances; would like to see the town develop slowly, with thought. .Member Sale,~ne questioned whether we are having a water supply problem at.this time - we are having septic problems and road problems. Member Chepulis said he was undecided about the moratorium and noted that it woUld not stop· all building - only in subdivisions. Ah times, the discussions between Mr. Monteiro and some of the people were heated and-emotional. Mr. Lamprey made a motion %o table action on the motion until the next regular meeting~ Mr. Sale. ne secoDMed the motion and the vote was una-~mous. The Board recessed the meeting to return to the meeting room in the Town Building and resume the meeting for action on the remaining items on the agenda. PLANS NOT REQUIRIE~APPROVAL: A. Blaine Scribner - lots on Grosvenor Ave. Mr. Scribner said he will finish the roadway when he purchases the land from Mr. Finocchiaro. Mr. Cyr said if the road has no turnaround, he will not pick up rubbish, plow, etc. - he wants the plsnto show a turnaround. Mr. Lamprey made a motion to disapprove the plans since it shows a subdivision; Mr. Monteiro seconded the motion and the vote was unanimous. B.: Jay Burke - lots on Appleton St. & Abbott St. Mr. Burke said he will give drainage easements to the town on two lots. Mr. Cyr approved of the road saying the town will share on the costs of up-grading. Mr. Foster took issue with this statement and Mr. Cyr denied saying it. April 5, 1976 - cont. (3) Mr. Monteiro made a motion to endorse the plan; Mr. Lamprey seconded the motion. Mr. Chepulis made a motion that the easements.be shown on the plan before endorse- ment is made; Mr. Monteiro seconded the motion and the vote was unanimous. SAr.F~ FOREST - GEORGE FARR Mr. George Farr appeared before the Board relative to the mortgagebondand release on the Salem Forest subdivision. A letter had been sent to Town 0ounsel and he telephoned to Mr. Chep,,14s that he approved of the bond and release as to form. Mr. Salisbury will be requested to send a written approval to the Board. It was explained again to Mr. Fart Just what should be done - the lots to be released should be specified and specify which lots will remain. LIFT STATIONS Charles Salisbury, Advisory Board member, appeared before the Board to discuss the lift stations for subdivisions. He explained that there are presently two electric bills before the town to pay for the costs of the lift stations. Discussion was held by the Board members with Mr. Salisbury, Mrs. Cahill, Mr. Borgesi and Mr. Busby as to who should be responsible for the costs and it was the general feeling that the developer should be responsible until the lift station is accepted by the town and that the costs should then be assessed with each home owner. Mr. Borgesi said the B.P.W. will study the matter and arrive at a fee structure. Mr. Ostherr suggested making it a part of the B.P.W. reconunenda- tions on subdivisions. ADJUDICATION OF COACHMAN'BLANE Mr. Ben Osgood submitted an article in the warrant and a request to theSelectmen for the adjudication of Coachman's Lane in its entirety. Mr. Ostherr read letters from the Selectmen and from the Highway Surveyor. Mr. Cyr's letter listed several corrections that he felt should be made before the street is accepted by the town. The Selectmen will hold a public hearing on the matter on April 12th. Mr. Monteiro made a motion that the subdivision sub-committee view the road and report to the Selectmen. Mr. Osgeod feels that he completed the road and the Planning Board released the bonds, so that everything should be all right. This was done almost ay ear ago. However, MF. Cyr feels there is more workto be done. Mr. Lamprey made a motion to advise the Selectmen that on a specific date the Board found the road satisfactory and released the bond. More discussion was held on the matter and Mr. Lempreywithdrew his motion and seconded Mr. Monteiro's motion. The vote was ~ in favor and Mr. Ostherr voting no. CHA r. S A letter was received from Atty. John Ford re the use of Charles St. by the Sanitary District Commission for their facility. Mr. Ostherr read the letter; the Board accepted it and will place it on file. Mr. Cyr informed the Board that a meeting is being set up next week with the B.P.W., Bob Kachinski, the engineer for G.L.S.D. and it would be helpful if some member of the Planning Bd. could attend. He will notify the Board when the meeting is to be held. April 5, 1976 - cont. (&) PRELIMINARY S~BDIVISION PLANS: The follow~g preliminary subdivision plans were on the agenda f~r this evening's meeting: 1. Turtle Hill 12. Greenwood West 3. Paddock Estates Mr. Lamprey made a motion to table these matters until the April, 2Oth meeting; Mr. Monteiro seconded the motion and the vote was unanimous. Mr. Ostherr read and accepted a letter from the North Andover Land Use Action Group. Mr. Ostherr read and accepted a letter from Bldg. Insp. Foster relative to wells supplying water to homeowners and some of the problems related thereto. Mr. Ostherr read a letter from "Concerned Citizens of Wilbraham" re Chapter 77~ and bills before the Legislature concerning same. Mr. Lamprey made a motion to send letters to Rep. Hurrell and Rep. Rurakto support~the bills; Mr. Chepulis seconded the motion and the vote was unanimous. ZONING AMENDMENT ARTICLES: The Board members discussed the articles and made the following votes: Article 3~: Pertaining to the keeping of animals. Mr. Monteiro made a motion to ,~recommend favorable action; Mr. Lamprey seconded the motion and the vote was unanimous'. Article 35: Relative to home occupations. Mr. Lamprey made a motion to recommend favorable action; Mr. Monteiro seconded the motion and the vote was unanimous. Article 36: Accessory uses - Ind. S. Dist. ~.132. Mr. Monteiro made a motion to recommend favorable action; Mr. Chepulis seconded the motion and the vote was unarntmons. Article 37: Section ~.129 (1~) with Special Permit. Mr. Chepulis.made a motion to rec~end favorable action; Mr. Lamprey seconded the motion and the vote was b~oBe. Article 38: Section ~.129 (14) No special permit. Mr. Chepulis made a motion to recommend unfavorable action; Mr. Lamprey seconded the motion and the vote was unanimous. Article ~0: Unfavorable action recommended. Article 86: Someone should make a motion at Town Meeting to move up this article to the other zoning articles to be acted upon at the same time. rth Andover's subdivision moratoriUm debate to continue NORTH ANDOVER -- The heated debate over a subdivi- sion moratorium will continue tonight in larger quarters. The 7:~0 p.m. Planning Baord meeting in the fire sta- tion meeting room will con- tinue the discussion by the Planning Board, residents and builders of the proposal to de- clare a two-year moratorium on subdivision development. No decision was made Sat- urday on the proposal of Plan- ning Board member John Monteiro that North Andover be the first in the Common- wealth to call for a breathing space in the growth of the town. Monteiro was asked to pm- vide specific reasons tonight for the proposal which he would to see in the warrant of the mnual town meeting. Newly-elected Planning~ Chairman Fritz Ostherr he felt person- a town should have reasons for suspending subdivision development as well as specific goals to accom- · plish during the moratorium. Monteiro said yesterday his reasons for calling the morato- rium were well known and in- cluding drainage, septic roads and the lack of progress on cluster zoning con- siderations. While more and more devel- opments were coming before the Planning Board, he said, there was no consideration given to setting lng poor lots for open space. Monteiro noted that in most cases where towns had at- tempted to call moratoriums, it had taken at least 27 months for appeals to reach the court, wl~ch would automatically pro- vide ~he town with a breathing space. Michael Schena, a local builder, took issue with Montei- ro's suggestion that the delay in the court system he consid- erod. He said the moratorium would be against the American system of free enterprise and noted that town boards already had sufficient rules and regula- tiens to control development. The town's master plan is four years old, and since then, he said, the subdivision control law has been completely re- "The Planning Baord can make a change just by calling a hearing," he said. He said that local builders and developers had cooperated when the Plan- nin~ Board asked them not to submit plans during the revi- sion work. ' "I~ there is a problem with a particular builder, then~ make his life difficult," Schena said. "But don't put everybody in the same kettle of fish. "With the economy the way it is, people need jobs~ Builders have families to support," $chena said. .. Residents of the Winter Street area and others at the Saturday meeting supported Monteiro's proposal, citing their concern about drainage problems. The debate will ~ontinne to- night as Monteiro presents a specific proposal to the Plan- ning Board for a vote. w Beth Cardoza, Paul Hallo- m~ )ebbie Skaff and Michael Ma- f '~c signals ~" ~i;-R A NS CEN ~./IEDITA~ cPROGR. North Andover p'lanners stall building decision NORTH ANDOVER -- Phnning Board member John Montelro asked time for the town to plan. Residents asked for protection from de- velopment. Builders asked the town not to threaten their livelihood. In a heated and emotional debate over a proposed moratorium on subdLvisious be- fore the Planning Board last night, all sides acknowledged there were growth problems in North Andover, but clashed angrily over solutions. The Phnning Board de/erred a decision until April 20. "You're putting a gun to our heads and naturally I'm going to fight tooth and nail," said Michael Sehena, local builder. "In tiffs time, in this economy, I'm going to fight." Schena charged that the proposed mora- torium on ~abdLvinious formally presented to the board last night by John Monteiro was hastily conceLved and would provide no protection not already available to the town. He brought his attorney, Eugene Tou- ?~ of Waltham, and Garen Bresuick, Ex- , ,Ye Vice President of the Homebuilders Aa~lation of Massachusetts, with him to back up his arguments. Over 50 people filled the fire station meeting room to participate in the debate over Monteiro's proPOSal to insert an arti- cle in the warrant for the April 24 town meeting to amend the zoning bylaw for a two-year stop to subdi~sions. Reasons for the temporary halt given by the planner in his motion were: PROBLEMS with the water supply, sow- ernge~ septic systems and roads, STUDY of the town's growth, fives, priorities and problems has not been completed by the Local Growth Policy Committee, WATERSHED STUDY by the Planning Board has not been completed, MASTER PLAN has not been up-dated, ZONING ENABLING ACT, recently passed, will htvol.ve clarification of the town's zoning regulations, CLUSTER ZONING study by the plan- ning board has not yet been undertaken. Monteire said the planning board had vo~ a year ago to add an additional meet- inf 'pry month in order to plan. "We ~ ~ dt done R. We n~ver had time because had more sobdirisions coming in. t to have some time to do what our L~opp I Perkins, president of Land --ml estate corporation which es a~ land in North Ando.ver, d timt some of the concern ex- ,t night's meeting was over the proposal, a 64-1ot subdividon : Witaer Street, said his com- ~ in 1970 working with town ~had been asked In 1973 to wait .er zoniug and consecration were ~. "We have become frustrated years of waiting," he sai~, ~ukling that the town did not have a runaway growth pattern and a moratorium was not needed. Engineer Frank Gelinas said the mora- torium would not solve problems which exist largely witl~ indi.vidual lots on already accepted ways. Atty John Willis argued that the morato- rium proposal was not legal since it had no "compelling reason" for such a drastic measure, but he noted it would essentially be in e/feet for two years before it could reach the courts. Local Developer Benjamin Osguod said the town would lose the cooperation of de- ~elopers which had contributed to the town's growth in the past. "Ail you're going to end up with is a blood bath," he said. Representatives of the newly formed North .Andover Land Use Action Group, spoke for the moratorium. Michael Smolak asked that the Planning Baerd as elected representatives send the decision to the people at town meeting. Philip A. Busby of Chestnut Street, backed up High Sur.veyer Willlam A. Cyr's remarks aobnt the Greenwood East subdi- vision on Chestnut Street. Cyr used the new subdi~sion as an example of the high cost to the town when a read beenrnes a public way. Busby deserihed .Chestnut Street as "a de~-astated area". Planning Baord Chairman Fritz Ostherr noted that the board has no control over ex-- isting roads. "Can't you grasp what people are trying to say to you," said Dr. Harry LO~e, 402 Bexford S~. "There appears to be no system of checks and balances of things that go on in this town." Dr. Lo~e said townspeople ~ere objecting benause no one came bach on the developers. "Just guarantee us they're going to do what they say they're going to do," he said. ' During the course of the debate, Mon- telro said he would settle for. less time, even six weeks, if he could be assured that something could be accomplished in that time. He also said publicly sewered areas and already approved developmentz wight be excluded. Phaning Board Member William Chepu- lis, who said he was undecided about the moratorium, noted it would not stop all building since individual homes, commer- cial and industrial buidlings still could he constructed. He expressed concern that medium priced housing was not being con- truetod/n town. "Builders ought to take a good look at what they can build and sell and still maintain profitability," he said. Assessor Chairman Edward Phelan in- troduced another argument. "We are doing a mandated reevaluation," he said. "What happens to land. ~alues i/ the back land can't he used? How can we tax them? If the land can't be built on, it has no value." April 5, 1976- cont. (5) BOARD OF APPEALS HEARINGS: Notices were received of the Board of Appeals hearings to be held on APril 12th. 1. DeParis - Mr. Monteiro made a motion that the proposed variance would not conflict with the Zoning By-Law; Mr, Sal~mme seconded the motion and the vote was unanimous. 2. Eaton - Mr. Chepulis made a motion that it would not be an improper request; Mr. Lamprey seconded the motion and the vote was unanimous. 3. Waugh - Mr. Salemme made a motion that it does not appear that the variance to the setback requirements would be a detriment to the neighborhood; Mr,, Monteiro seconded the motion and the vote was unanimous. ~. Gilbert Rea earth removal renewal- Mr. Ghepulis made a motion that the application should be evaluated in the context of Section 5 and if any further guidance is desired, the Board ~ould be happy to assist. Mr. Lamprey seconded the motion and the vote was unanimous. The meeting adjourned at midnight. Chairman Fritz Ostherr ~~~/ Secretary Anna Donahue (~i'ld~ was on vacat~ion)