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HomeMy WebLinkAbout1976-04-24April 24, 1976 ' Ssturd~.y Special Meeting The PLANNING BOARD held a Special Meeting on Saturday, April 24, 1976 at the Middle School at 12 o'clock noon. The following members were present and voting: ~ritz Ostherr, Chairman; William Chepulis, Vice-Chairman; John J. Monteiro,~ Clerk; Paul R. Lamprey and William N. Salemme. C. W. Trombly, Sr. & Jr. were present for the meeting. MAROIS PETITION - Request for zoning change on Chickering Rd.: The Chairman reiterated what had transpired at the first hearing in that it was strongly suggested that District would be better. When Mr. Giles came back to the BOARD the second time he was not very responsive to the idea. Mr. Ostherr had talked with Town Counsel Salisbury who informed him that there would be no way that both 1) changing the recommended district to ~ and 2) ~ncreasing the area could be accomplished at the same time. Mr. Lamprey made a motion to recommend unfavorable action and Mr. Chepulis seconded. The reason given was the policy set from 1972 when the new By-Law was created 9 tried not to zone any new land GBand have not varied from that since that time. The vote on the motion WaS u~animous. TROMBLY PETITION - Request for zoning change at Andover By-Pass: Mr. Trombly, Sr. spoke to the B~RD stating that it seemed to him that the majority would like to offer some relief if it can be done legally. We have been to the neighbors in Andov~r and have a letter stating that they withdraw their opposition because we will not go out onto Hillside Rd. If you will allow it today with the understanding that it will be used Just fora bus terminal we will go for re-~oning it Industrial at the next Town Meeting. He explained that they were into an agreement to buy and Sell and that the date had expired. Also, they would not go onto Town Meeting floor to fight it if the BOARD voted against it. Mr. Lamprey commented that he couldn't see how a d~cision could be made one way on one petition and the opposite on another. Mr. Monteiro stated that he felt it could be done, that he will take each plan as it comes before him and judge it on its own merit. He said that he viewed the area, saw the plans and c~ldn't see where there could be any objection because there is a complete buffer zone around it. Mentioned the fact that Frank Trombly had a piece of land taken by eminent domain which made a hardship and the Voke School trouble increased his business by 16 busses the building to be constructed is approximately the same size as what is there now. Mr. Lamprey countered that Mm. Tromblywas aware of how much land he had when he purchased it. Mr. Ostherr felt that the question w~s whether or not the BOARD is in favor of the bus business there or that zoning governs the lan%not the man. Member Lamprey stated that it is a zoning issue. Mr. Salemme !commented that he could accept it if he stands by his proposed covenant. Mr. Chepulis istated that he has always been against the expansion of GB in the past and that he wa~ not thinking of who the person is and what they plan to do. Although he believed that they would live up to their intended purpose it did not warrant taking a risky action. Mr. Ostherr brought out the fact that we do not deal in hardships and such could not be included in the decision. Mr. Lamprey asked if he had lost any useable land with the land-taking - no, what he lost is screening and protection from the highway. Mr. Lamprey madea motion to recommend unfavorable action which received no second. Mr. Monteiro made a motion to recommend favorable action. No second to the motion. More discussion followed during which it was suggested that the BOARD must do what is right by the Town, that he could go for a Special Town Meeting, that he could have come to the BOARD in December. Mr. Lamprey felt, too, that it is the BOARD's busi- ness to protect the Town and made another motion to recommend unfavorable action. Mr. Chepulis seconded - Messers Ostherr, Chepulis and Lamprey in favor; Messers Monteiro and Salemme opposed. It was so noted by the BO.~J{D that it is the Town's April 2~, t976 - cont~ right to vote on the Article, all it is doing is recommending action. BUDGET: The Advisory Board cut us $500.00 from Expenses and Mr. 0stherr felt that it should be fought for on the floor of Town Meeting. This would be Article 6, line item 12. The BOARD members agreed. SEWE~ ISSUE: Nr. Ostherr informed the members that he had attended the Board of Public Works information meeting. Bill Salemme had prepared a write-up ~s to the feelings of the BOARD which was discussed. Mr. Monteiro made a motion to recommend unfavorable action on Article 67 for the reasons listed on Mr. Salemme's write-up; a copy of same is on file for referral. Mr. Lamprey seconded. During a short discussion, Mr. O~therr ~estioned what would happen if we went for the engineering study and next year decided against the installation of the sewer. The members did not arrive at anything definite on %his except that the Camp, Dresser and MoKee study is possibl~ out-d~ted. MARBLERIDGE ESTA~ES PLANS: Mr. Salemme reported that from his inspection of the plans all seems to be in order. BOARD to sign them in the office. PLANS NOT REQUIRING APPROVAL: 1. FRANCES D. WAUGH - Re J. Borgesi signature: Mr. Chepulis had checked on this and found that he is a paid up land surveyor in New Hampshire and Town Counsel told him that he knows of no specific law but feels that the plans must bear the stamp and signature of a resident of the State who is certified here. Also, the repres- entative of the Attorney General's office seemed to lean toward the same viewpoint. A motion was made by Mr. Monteiro that the BOARD not endorse the plan due to improper filing in that it does no~ bear the seal of a Mass. Registered Land Surveyor. Mr. Salemme seconded and the vote was ~uuanimous. 2. BLAINE SCRIBN~ - A shor~ discussion took place regarding the covenant to accom- pany these plans and a motion byMr. Monteiro followed to endorse the plan as not requiring approval under subdivision control law (plan dated March 25, 1976)~ and the chairman to be authorized to sign the covenant. Mr. Salemme seconded and the vote was unanimous. Mr. S~lemme made a motion to recess the meeting at 1 P.M. The meeting reconvened at ?:30 P.M. and adjourned at 6:45 P.M. Chairman (~rit z Ostherr) (Gilda Blaokstook)