HomeMy WebLinkAbout1965-01-04Regular meeting & Bear~-~
The Flanmtng Beard held their regular ~eeting on M~-_d_-_y evening, January
at 7=30 P.M. in the Tc~ ~,~]~g. The following me,rs were present and
Ja~_a M. Ba~a~, Chaix~a~; Robel~ J. Burke, Secretary; ~ G~ a~ld Willia~
Chepulis. Mr. Farley was abseat due to ~llnesa.
~RING: Alfred Beeglin - 7:30 P.~.
~r. Chepnlis read the legal notice describing the area inwlved, in ~hich he requsets
to re-zone from Village Residential zone to General Business zoae a parcel of land at
the corner of Osgood Street and Wayne S~roet. This is the ~,~ parcel ~f land for
which he petitioned to re-zc~e in March, 1963 - which was later turned dean at Tc~n
Meeting.
There were no abutters present. Mr. Boeglin spoke ca his o~ behalf. Be showed
pictures and explained he wanted to change the front of the b~il~-g, which if
approved would be a ~il~_~ Supply company. Everything w~uld ~e under cover. The
front section oftha building would he the office and the rear would be used for storage.
It would be a clean business. As it is new, he cen~t get any m~ney under its preseat
noa-confeA:~ing use. It is surrounded on two sides by Industrial area. ~. P. Stevena
has added & st~re which is a business in an Industrial area. If this re-zoning doesn't
su~oeed, he will have t~ sell the property. Be has a permit fr~n the state to enter
fr~a Osgoed St. Be has had offers to se~l but doesn't think they would improve m~eh
on it. If it is left as it is, it certainly won't t .wprove the area. ~is *mw~d~,.te
abutters approve.
~arold Boynten, Jr., Osgood St. ,. not an immediate abutter, objected to spot zoning,
not to the petitioner's request since there were no other abutters present.
Mr. Chepulis said Dr. & Mrs. Rogers telephoned him to say that they didn't disapprove
of Boeglin's drawing but they objected to future change.
said he didn't recognise her objection since she should call the C~-~-.
Mr. Gilman said they should oo~e here and speak for themselves.
Mr. Gilman made a motion to take the petition underadvisement. Mr. Chepulis sec~de~
the. motion and the vote was unanimous.
Fd~-ZONING HEARING REQUEST:
Atty. J. Alhe~t ~radley, representing the Shay Br~s. of the Den Rock Drive-y~ theater,
.was present t~ present a petition for re-zoning to General Business a parcel ef lamd
t~ the rear of tho Drive-Ia. He also presented plans.
Mr. Gilman made a motion to held the hearing on Monday evening, Febr~e~y 1, 1965 at
7:30 P.M. Mr. Chepulis seccmded the m~tion and the vote wa~ unanimous.
OSGOOD SUB-DI~I~ION:
Benjamin Osgoed wes present and asked the Board if they could approve the Sub-divisic~
subject te getting the necessary easements.
Mr. Barman said they could he approved and inscribe on the plans the conditions of
approval, etc.- He ~ have to-get a~ easement over the ~istorieal Society proper~y
forsewerage. ~e fr~ the Trustees of Reservations for sewer, water & drainage. O~e
frc~ the State. D.P.W. to cross the high~ay for pipe subject to getting an easement
fro~ Rennie.
~a~A~y 4, 1965 - Cont.
VILLAGE GRE~ AP~d~ME~T DEVELOPMF~: R. & S. Construction Ce.
Atty. John J. Willis was present representing the 1~ & S. C~nstruction Co..~e showed
the Definitive & Prof~_le plans of the streets for the apartment development. Th~-y
are concerned about the streets to be .installed to take care of the first 120 apart-
ments. It is necessary to have the plan approved by the PI~8 Board so that they
can proceed with their plans to present to the E.H.A. and the other agencies in-
v~lvodo
Mr. Chepulis questioned a~out a street be~-~ moved over which had Been brought up
at a previous ~eeting last year when they requested a special permit from the Board
of Appeals. Mr. Willis said he is just asking for the streets that ~ be developed.
~e shoned the profiles and ex~lai~ed that there is one entrance, the roa~s are of
sufficient width, water and se~er is s~.
Mr. Banyan said he will need an entrance letter from the State D.P.W.,a letter frea
the ~ighway Dept. and a letter fr~m the Board of Public Works.
Mr. W411~s s. aid l~r. Duffy, of the Board of Public Works, has on file a ~28,000
account, payable to the Town of North Andover - frc~ the R. & S. Coast. Co.
~EQ~EST FOR RE-ZOnING ~EARING:
Atty. Willis requested a re-zc~t-g he'aring to be held for the next ~eettwE.
~r. BA~a~ said that an article has to be in the ~arrant Before a hearing can be
held by the Plamaing ~oard, according to To~ Couasel.
Atty. ~llis says he doesn't agree with that.
Mr. Chepulis advised Atty. W~-~is to get a petition with 50 sigzatures a~d present
it to the Beard a~& the~ a hear~_- date W~ll Be set.
MASS. FED. OF PLA~NG
Notiee was receive~ for. payment of dues for the year 1965 for the ~as~ackaset.te
Federation of Planw~wg Beards - the amount is $40.00.
Mr. Chepulio ~ade a meti~a te Joi~ again thio year a~d pay th~ necessary dues. Mr.
Gilman seeonded the ~tion amd the vote was ~us,
SPECIAL COURSE:
Mr. Chepulis read a letter regarding a special course to be held in Boste~ that
would Benefit Planning Board ~embers. ~e then ~ade a motion to send a ~ember of
the Board. There was no seee~d and the motion was defeated.
ALFRED BOEGLYN =
The leard voted on the hear~-~ held earlier in the eve-~w~ f~r re-zoning fer Alfred
Boegliu.
Burke made a ~tion to approve the re-zo~-~ request. Mr. Gilman seconded the
motion. Three members voted in favor and Mr. Chepulis void against..
The Beard approved the following bills:
N. E. Tel. & Tel. Co. 8.35
~ Don~me
T~b~ ting adjourned at 9,00
cha~
~ - Fel-~-~ar~ 1, 1955
Regular meeting & ~
The l~=,n*n.- Beard held thei~ regular meeting ea ~c~da~ evening, Febreary 1, 19~
at 7:30 P.~. in the Tow~ ~ding. The following ~e~hers were present and voting~
Ja~es M. B.~-e~, Chairman; ~ Gilles, George I~rle7 and W~I~_B Chepulis. Mr.
Burke ~as out of tow~.
I~-ZONING REQUESTS:
1. Atty. John Willis presented a petitiea to the Board requesting a re-s~,,4n~ bearing
for A~ Realty Co. The hearing will be held ca Thursday evening, Feb. 25~ at 7:30 P.~
2. Atty. Charles W. T~omb]~ Fresated a petition to the ~oard on hehalf of De, noulaa
Super ~arkets requesting a re-zoning hearing. The bearing ~] Be held on Thursday
evening, Feb. 25th at $:00 P.~.
VILLAGE OR~.N APARTMEFr DEVELOPMENT..
Atty. Willis presented a letter to the Board that he received fr~a the State Dept. of
Public Work~ say~n~ they could not approve access per~ssie~ ~til approval ~as re-
ceived ~ the Pla~mi~ ~oar~.
Farley ~ade a mstion to approve the lay-e~t of the streete as ~s~t~ on ~ ~s
~Ject ~ access ~ISIG~ ~ t~ ~ ~pt. of ~c W~ke ~ ~J~t to t~
soe~ed t~ ~ti~ ~d t~ ~ ~s
~EARING: John P. & Xastant J. Shay; 7:30 P.M.
Mr. Chepulie read the legal notice which petitioaed to a~end the North aw~ovar Z~
~y-Law and the Z~ ~ap of the Tows by ohangimg frc~ Country Residential te General
Business Zone, a parcel of ~and ccataining approx. 22 acres, located on Wi~p Ave.
to the rear of the Den Reck Drive-In theater, to the ~sterly side of Waverly Road,
100 feet fr~a the line and 100 feet westerly of abutter' s property along Waverly Rd.
Atty. J. Albert Bradley represented the petitioners. There were eighteen people present.
~e explained the area te be re-zoned to those present. There is a buffer zone of 100 ft.
along Waverly Road and 100 feet to the rear of residents on part of Waverly Road.
Atty. Bradley ms asked if there would be a road c~ming in frc~ Waverly Read or frc~
Xen Bailey' s land. Atty. Bradley said there would not be any r~ads o_~w~ fr~a either
~ay. The Board can ~ake these restriction if they like and the Shay*s oas also ~ake
an agreement.
Mr. Bamna~ explained that accor~<n~ to the ~y-Laws, if a ~_siness zone would b~rder on
a Residential zone, it provides for a grass strip se +~het a road oonld ~et be put
through. It was questioned wh~ Mr. Bailey can operate his earth removal business and
Mr. Barman explained that he has a n~-confor~ing use because he had his earth removal
Atty. ~h~h~rd S~ iwm ef A_n__4over vaLe present representing a n~aher of abutters al~ag
Waverly Roa~. They were mainly concerned about a road oc~-g in f--~ Waverly Read
and also about a piece of the lead to be re-zoned coming too near their property. ~ty.
S~vaa said that restrictions were not enough, he thought the p]-_-s ah~d be changed.
There ~as a discussion as to whether or not it is possible to change an article that
has already been placed on t~e warrant.
Mr. Banuan telephenedTc~n Co~asel Salisbury regarding putting stipulatieas ou that
certain p~rtions of land cannot he used, etc. Atty. ~alisbury replied that you
cannot confine the area that is zoned for business.
Mr. Bannan and Mr. Chepulis Beth said that they thought the T~n
Neet~r~ can allow an a~e~w~mt - that a technical approval has te he ~ade a~ to the
wording of the petition.
Atty. Bradley said they are ~ to leave out the portion of lam4 in questic~ and
will draw up an agreement with Atty. Sullivaa .
Atty. S~lliven said that the P~,~uiug Board can approve is to that there w~ll Be ac
access read from Waverly Road.
Mr. Ba~aa said the Board could ~ake the decision to read that way.
Atty. Bradley said they could vote subject to emitting thatr porticn of land~
have the Engineer~ amend the plans right away. ~r. ~ba~ said they will not use
land anyway, that they will ~ndscape it.
Mr. GLT~aa ~ade a ~otion to tame the petition under advisement. Mr. 0hepulis seconded
the motion and the vote was
OSGOOD SUE)MSIOI~
BoaJn~- 0sgoed appeared before the ~oard ~nd presented the easements fr~a Xt%tre~ge
an~ Re~aie. Now, he said, he is Just ~aiting for the Board to vote.
Mr. ~ i~f~r~d Mr. 0sgeod that the name wOsgood Acres~ ~s already been used for
the na~e of a ~b-division by Colgate. Mr. 0sgoed said ~e will c~a~ge the na~e ef
his sub-divi{iea and w~33 change the plans also.
Mr. ~Gil~an made a motion to approve the SuB-division as outlined and presented, sub-
jest te the following conditions. Mr. Farley seconded the motion and the vote was
CONDITIONS:
.1. Approval granted subject to filiag of covenant satisfactory te the Te~n Counsel.
2. Water a~d sewer accor~-g to the rules and regulations of the Brd. ef Public Works.
3. Surface drains and street bounds ~st be installed; construction of street and
driveways subject tS the approval of the ~igh~ay Department.
4. Roads anet be Bet-topped.
5. Approval subject to the requireme~ts of the Local and/er State Dept. of PuBlic
Nea~th regarding s~n~tary disposal systems.
6. ~ust secure easement over ~istorical Society property for sewerage.
7. Must secure easement from the Trustees of Reservations for sewer, 'water and
drainage.
8. Must ce~ly with the Brd. of Fire Engineer's requirements as to the fire alera
system.
~. Must secure easement frc~ State Dept. of Public Works tc cress the state highway
for pip4_-_~, subject to gett~-~ an easement from David Renuie, also.
Febr~eryl, 1965 - Cont.
The heer~_~Z will be held e~ Thursday ebeni~g, Fe~a~Ary 25th at 8:30 P.M.
BOEGLIN PETITION:
Mr. Farley wa ~er~itted to vote en $he Boeglin re-zoning petitica, since he wae a~en%
at the last ~eeting. ~e voted in favor of the apprc~ to re-acts.
COLGATE DRIVE:
A letter was received fr~m the Board of SelectM~ asking fer the ~ ~oar~ts
rec_ ~n3~_ndatiens as to the acceptance of Colgate Drive. as a public way. A letter was
received from the Highway Dept. approving the street.
Mr. Gilm~ made a ~tica to recommend acceptance of Colgate Drive ia its entirety.
Mr. Farley seconded the ~otion and the vote was. uuani~ous.
S~A! PETITION z
Mr. G~lman made a motion to appreve the peti%ie~ am~ Mr. Farley seconded the ~tiea.
The vote was tmami~mme.
The ~eard approved this petition because the abutting lamd in the Lawrence area is
completely business. A pertion of the land has already been zoned for business. The
Board believes that the re-zoning of this area is for the ganeral good cf the tow~
'North A~dover. It is not detrimental to the health, safety and general welfare of the
neighbcrheed.
The ~oar~ sig~ed whatever plans were necessary during the eveniag.
The Board approved the fo~llowi~__g bt]Is:
Mass. Fed. of Plaaaing B~a~ds. (dues)
N.E. Tel. & Tel. ~o.
Daniel i~01~11 -
Anna Donahne, sexwiees
$~O. 00
~.25
The ~eeting adjourned at 9:00 P.I~.
, ,Clerk