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HomeMy WebLinkAbout1969-02-27Thursday - February 27, 1969 5 Hearings The PLANNING BOARD held a special meeting and hearings on Thursday evening, February 27, 1969 at 7:30 P.M. in the Town Office Building. The following members were present and voting: William Chepulis, Jr., Chairman; James M. Bannan, Robert J. Burke, George B. Farley and Charles W. Trombly, Jr., Esq. There were &O people present for the hearings. 1. HEARING: Village Land Company - Rezoning. Mr. Chepulis read the legal notice upon a proposal of Village Land Company to re-zone 2 parcelsof land from Village Residential and/or Industrial to General Business. Both parcels are located on Chickering Road, abutting Haffner's Service Station, the housing for the elderly, East Water Street and near the railroad tracks Walker Apartment development and Lund's Garden Center. Mr. Burke disqualified himself from sitting on this petition. Atty. John J. Willis represented the petitioner, and also represents Warren C. Sawyer the proposed purchaser and developer of the area. This property is owned by Davis and Furber Machine Co. who are selling all of their property not directly associated with their business. All of their houses in the area have been sold. All of this proposed area is vacant land. Parcel one contains approx. 7 acres and parcel 2 contains approx. 3 acres. Atty. Willis showed the plans and explained the area involved. He stated there are apartments and busi- nesses in the immediate area. The nature and character of the area has changed over the past few years. His own law offices are at the corner of Pleasant Street. Mangano Plumbing Company is across the street, Haffner Gasoline Station, Lund's Garden Center, Walker Apartments, Merrimack Valley Motor Inn are all in the area. Parcel#1 would be developed into a neighborhood commercial park of rural structures. There would be 9 rental units. The center of the structures will be d~signed as a barn; there would be a covered mall along the front of the establishment. There would be specialty shops, women's,sporting goods stores, etc. It would be a neighborhood type of develgpment. This is not an area for residential development. This proposed zoning change would be beneficial to the town and would provide a more practical use of the land. It would provide tax revenue to the town. Parcel #2 as it now stands is an isolated residential area. Parcel #l is already zoned industrial. The most practical thing to do is to zone area entirely General Business. Stewart Wilson, Director of the Elderly Housing, said he had no objections. Mr. Polizotti, an immediate abutter, was oppose~ - he said there are too many shopping areas. Atty. Robert White, of Haverhill, spoke as representing ~zrs. Elaine Griffin, Chickering Road, in opposition to the re-zoning. He requested to look at the petition for the re-zoning. Mr. Chepulis said the fact that an article had been inserted in the Warrant was enough and that according to Town Counsel it was not necessary that a formal petition be presented to the Planning Board. Atty. White objected because he could not see a copy of the petition. He also objected be- cause plans were not available for anyone to look at. He objected to the Board holding the hearing because all conditions had not been complied with. February 27, 1969- cont. Atty. Willis said he made a written request to the Board for a hearing and that according to a ruling made, it was not necessary for him to get 50 signatures on a petition. Further discussion was held between the attorneys. Atty. White filed a written objection with the Board. Mr. Bannan made a motion to continue with the hearing; Mr. Farley seconded the motion and the vote was unanimous. John Roberts, of the Conservation Commission, asked what would happen to the brook that runs through the property. Atty. Willis said they would maintain an easement through the property and maybe a culvert. Mr. Roberts said he would like to go on record that this would fall under the Hatch Act and would like the DNR to be aware of this. Atty. Willis said the brook would continue to flow. Mr. Trombly made a motion to take the petition under advisement; Mr. Bannan seconded the motion and the vote was unanimous. 2. HEARING: Angus Realty- Re-zoning. Mr. Chepulis read the legal notice upon a proposal by Angus Realty to chanEe from Rural Residential to General Business a parcel of land on Osgood Street, bounded by Great Pond Road and Stanleyville Avenue. (Butcher Boy Meat Market). Atty. John J. Willis represented the petitioner and explained that this re-zoning has been considered in the past and had not been approved at Town Meeting. The parcel contains approx &½acres. The area is part of a parcel of land that the Butcher Boy Meat Market is on and bordersthe area that is zoned for business. It is illegal to zone a portion of a parcel of land if the land has not been divided. One parcel should not have two different zones. Immediate surrounding areas are business and industrial. John Roberts, Conservation Commission, spoke in opposition to the re-zoning. Concerned with surface drainage. Norman Lentz, 63 B~adford St. - opposed. Mr. Barman made a motion to take the petition under advisement. Mr. Trombly seconded the motion and the vote was unanimous. 3. HEARINg: Stewart P. Wilson - Shay land re-zoning. Mr. Ohepulis read the legal notice upon a proposal to change from Country Residential to General Business a parcel of land containing approx. 8.8 acres on Winthrop Avenue at its intersection with the westerly line of WaverlyRoad. Atty. J. Albert Bradley represented the petitioner. He explained that the immediate area is business, with the North Andover Mall shopping center, the "Den" restaurant, Holiday Inn motel, etc. The area is not good for residential purposes. Would benefit the town tax-wise. Mr. Wilson explained that there would be a retail shoe concern and retail clothing store put in there and that the business and buildings would not be objectionable to the area. A number of people and abutters spoke in opposition because of the traffic problem and effect on their residences. Those speaking in opposition were: Mrs. Hoar, WaverlyRoad; James Bingham, WaverlyRoad; Mr. Beattie, 655 Waverly Road; Mrs. Buchanan, Waverly Road; Mr. DeStefano, Waverly Road; February 27, 1969 - cont. Mr. Burke made a motion to take the petition under advisement. Mr. Farley seconded the motion and the vote was unanimous. (Mr. Burke had to leave the meeting). &. HEARIR~: George Farkas - Rezoning. Mr. Chepulis read the legal notice upon a proposal to change from Industrial to General Business a parcel of land on Osgood Street owned by George Farkas. Mr. Farkas appeared before the Board but had no plans of the land and said he was not aware that he needed them. Mr. Trombly made a motion to continue the hearing on Monday evening, March 3rd. Mr. Fsrley seconded the motion. The vote was 3 yes and Mr. Bannan voted no. Mr. Joseph Serio, repreeenting Western Electric, asked what Mr. Farkas wanted to do with the land. Mr. Farkas said he doesn't want to do anything different, just keep running his business under a business zone. Atty. Donald Smith asked if the petition could not be heard subject to the proper plans being submitted. Mr. Bannan said the requirements of the Board have not been met and doesn't think this meeting is being held properly. (10 people left). 5. HEARING: Frank Paparella - Rezoning. Mr. Chepulis read the legal notice upon a proposal to change from Rural Resi- dential to Industrial a parcel of land on Osgood Street owned by Frank Paparella. Atty. Donald F. Smith represented the petitioner. Paul J. Perocchi, Esq. repre- sented the Trustees of Alco Electronics Trust;&Mr. Contarino, president of Alco, were also present. Atty. Smith explained that Alco has an option to purchase the land from Mr. Paparella. He presently owns the operations on Marblehead Street. His business is growing and he needs more space and needs to employ more people. He has an electronics plant which is not heavy manufacturing. This re-zoning would be extending an Industrially zoned area. This proposal would help the tax rate and tax revenue and would be no burden to the school problem. The nearest residence is over 1OO feet away. They would leave as much of the natural foliage, trees, etc. in the area as possible. They like North Andover and would like to stay here. There would be no retailing or wholesaling, it would be a distribution point, with small manufacturing, mostly assembly and packaging. Norman Lentz, Bradford Street, spoke in opposition. He said the zone should extend along the frontage and not k~a as a finger x~ into residential land. He read a prepared protest. Others speaking in opposition were: Philip Arrigo, Barker Street; Mrs. Suby Swithenbank, Bradford St.$ George Barker~ Jr., Osgood St.; Mr. Bannan made a motion to take the petition under advisement. Mr. Farley seconded the motion and the vote was unanimous. February 27, 1969 - cont. ACCEPTANCE OF ST~TS: A letter was received from the Highway Dept. relative to the adjudication of several streets. He will submit a report on March 3rd as to the following streets: Old Village Lane, Morningside Lane, Russet Lane, Woodcrest Drive, Meadowview Road and Coachman's Lane, also MablinAvenue. He said Marian Drive is all right. Mr. Barman made a motion to recommend the acceptance of Marian Drive. After further discussion it was decided to act on all of the streets at the same meeting and such action will be the first order of business at the meeting of March 3, 1969. The meeting adjourned at.ll:OOP.M. WC Chairman AD Clerk