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HomeMy WebLinkAbout1970-07-06MonUay - July 6, 1979 · Regular Meeting ~ ~-~ The PLANNING BOARD held their regular meeting on Monday evening, July 6, 1970 at 7:30 P.M. in the Town Office Building with the following members present and voting: William Chepulis, Jr., Chairman; John J. Monteiro, Secretary; Robert J. Burke, Charles W. Trombly, Jr., Esq. and Donald N. Keirstead. There were 35 people present. HEARING: Arthur Kant. Mr. Kent was present but the engineers had not arrived yet and profi~ were n~t submitted. Mr. Burke made a motion to table the hearing until the engineers arrive. Mr. Trembly seconded the motion and the vote was unanimous. PETE~S & TURNPIKE ST~r~TS: A written request was presented to the Board for ah earing to be held by the Planning Board to re-zone a parcel of land owned by Red Squire Realty Trust from General Business to Rural Residential. Mr. Chepulis said that no plans have been presented to the Board and he then proceeded to read Section l0 of the Zoning By-Law which stated the requirements. Mrs. Eileen Donovan, 35 Peters Street, explained the reasons for the request for the re-zoning. She stated that 3 years ago this parcel was rezoned at Town Meeting and at that timePictures, slides, plans etc. were shown with colonial type buildings. The type of building now being erected is totally different with what was presented. The people now want the land rezoned back to residential because now anything can be put up. They feel that what is being done now is a breach of trust and they don't want an~ other objectionable buildings going up there. They feel that they have a right to expect the developer to follow through with the plans as they were presented at Town Meeting. They fear for what is planned for the rest of the area that is why they are presenting the petition to rezone the entire parcel that was zoned previously. Mr. Chepulis explained that the signatures accompanying the petition must be certified by the Board of Registrars. He said there is no control over the type of building that is constructed or type of business - anything can go in that is ,1lowed in a business area. The question was asked if anything could be done in the future to protect the people. ' Hr. Keirstead explained that there could be restricted zoning. A lengthy discussion was held as to setting a hearing date and what was required of the petitioners. They must have the signatures certified and present proper plans to the Board. They also discussed the presentation of a petition to the Selectmen re- questing a Special Town Neeting, the advertising dates of ~ulylS& 25 if the hearing date was to be August 3, 1970. Mr. Keirstead made a motion to set a tentative hearing date of August 3, 1970 dependent upen whether the petitioners have submitted proper plans and have had the sig-~tures certified by the Board of Registrars or that the Selectmen have set a date for a Special Town Meeting. Mr. Monteiro seconded the motion and the vote was unanimous. July 6, 1970- cont. TENNIS COURTS: Col. Brown of Merrimack College appeared before the Board with preliminary plaus for tennis courts on land Just beyond McLay's Garden .Center on Route 114. After some discussion the Board felt this would apply under Section ~.~8 of the Zoning By-Law end would require a special permit f~om the Board of Appeals. It was suggested he appear before the Board of Appeals. ARTHUR F. KENT SUBDIVISION: Mr. John Callahan, engineer was present and spoke for the petitioner. He presented the necessary profiles and the definitive subdivision plans. Ne explained the dr~tr~- age~ water, roadwa~v, etc. He said he had talked with Mr. Nicetta end made the curve in the road the way he wanted it. Several of the abutters asked questions relative to the contours, etc. A lengthy discussion was held about the drainage with the Mandrys, Mr. Falanga and Mr. Landry. Veronica Mandry spoke about Mosquito Brook and the dr~age from the development. She said there is a right of way going through her property that is not shown on the subdivision plans. The developer said he would check further into the matter of the right of way. Mr. Keirstead made a motion to take the petition under advisement. Mr. Trombly seconded the motion and the vote was unanimous. FEDERAL FUNDS TO MORTH ANDOV~ - D.C.A.: Mr. Chepulis read a letter from the Dept. of Community Affairs stating that federal funds have been approved by H.U.D. for North Andover. Atty. John J. Willis was present and asked several questions of the Board concerning the grant to the town. North Andover has already sent their 1/3 share to the state in the amount of $5,667.00. Atty. Willis said he would like to see a letter from a responsible individual in the D.C.A. which says there is money available to be used in conjunction with the 1/3 share of North Andover (the government's 2/3 shar~) and that there is a grant. Ne said we have nothing now. He said Mr. Fallon tol~ him that money comes through month by month and that money is not now available. He said any further payments should be withheld until the situation is clarified. There is nothing from the state now te show that they have the money there. Jay Burke said the reason the Advisory Board made the motion in the way they did was so that the town would be sure of getting their share from the government. According to the contract, if the state doesn't get the money from the federal government, the town loses what it has already paid. Mr. Keirstead made a motion to refer the matter to Town Counsel as to whether the Board's action was proper uhder the article. Me. Burke seconded the motion and the vote was unam~mous.-- / Mr. Monteiro made a motion that a letter be sent to D.C.A. to find out if their 2/3 share is available to the town of North Andover under Phase I. Mr. Burke seconded the motion and the vote was unanimous. July 6, 1970 - cont. "WHITTTW~ FARM" DE~PMENT: Atty. John W~11~s brought up the matter of the dr-lnage problem in the "Whittier Farm" development by John Collins. He said an agreement has been reached with the o~ner of lot 15 and that Mr. Collins ~11 inst_~l 1 a pipe from the existing terminus of a 12" concrete pipe to the rear of lot 15 and c~annel the drainage in an open drainage ditch from there to the brook that crosses the rear of lot ]2+. Mr~ Willis said he would l fke the Board to send a letter to that effect to the Highway Surveyor. so that the matter can be taken care of with no further problems. Mr. Keirstead made a motion that he would like to write the letter to the Highway Surveyor that agreement has been reached and the bond willbe released. Mr. Monteire seconded the motion and the vote was unanimous. PARKI}~OF C0}~ERCIALVEHICLES: A letter was received from Town Counsel relative to the parking of commercial vehicles on public streets and off-street parking. The Board felt that off-street parking is no problem at this time and that this could be part of the master plan. Mr. Burke made a motion to refer the matter to the Administrative Sub-committee for a report and to also consider regulations on recreation vehicles. Mr. Keirstead seconded the motion and the vote was unanimous. BEN OSGOOD: Mr. 0sgood appeared before the Board to discuss the bonds on Raleigh Tavern North. A letter was read from the Highway Surveyor appro~ng the reduction in the bond from $10~000 to $6,000 from Station 1400 to 2000. $1500bond to be added for paving from Station 2000 to St.~ 2300mak4-g a total of $7500. Mr. Osgood said the $1500 is for additional footage and the balance of $2500 to be released. He would li~e lots 18, 23 & 24 released. Mr. Keirstead said he would lLke to have copies of whatever is received sent to him. LAHDVEST~CORPORATION: Mr. Dick Perk/ns (Stowe, Mass.)~ Treasurer & V.P. of Land Vest Corporation, Boston and his attorney appeared before the Board to discuss their future plans. They have assembled a tract of land in North Andover of approx. 7oo acres bounded by Salem, Foster, Winter and Dale Streets. Approx. 80 acres of the land goes into Boxford. This is a large,unique, unspoiled section of land. They have 15 parcels such as this scattered throughout New England (Maine, N.H., Vt.) They are presently wor~ng on aresort area project in Waterford Springs, Vt. They are in the lend planningbusiness -not a building business. This is a long term project and they went to work closely with the town and the Planning Board and work to the best interests of the town. They are well financed and have man, outside investors. They will consult with the Planning Consultant. They have already t~ed with Jo?a~Roberts of the Conservation Commission. They have not met with the Planner yet butwould like to. July 6, 1970 - cont. McLAY SUBDMSION: A letter was received from the Board of Public Works stating that the Board had approved the McLay subdivision showing 6" pipes when 8" pipes are required by them. The Board discussed the error saying it was an oversight at the time of the approval. A letter will be sent to Mr. McLay informing him that 8" pipe is req,,fwed. NOTICES OF INTENT: Notices of Intent were received from the Selectmen as required by the Dept. of Natural Resources under the Hatch Act. One notice is to fill in Sutton's Pond upon which a hearing will be held. The other is a notice of a hearing held by the Selectmen to form a Wildlife pond for conservation and fire safety. CAPITAL OUTLAY GO~TTEE A report was received from the Capital Outlay Committee with questions to be fi~_led in as to future anticipated needs of the P2~-iug Board. The Board does not anticipate anything and will so notify them. C.M.V.R.P.D. Correspondence was received from John Monteiro, Chairman of the Central Merri- mack Valley Regional Planning District relative to not receivin~ the cooperation of several of the communities and the importance of future planning. PLANNING ADVISORY CO~ITTEE: Correspondence was received from John Brown Associates relative to the involvement of the Planning Advisory Committee in research activities and surveys. Specific dates were mentioned for field trips which the staff would make and the need of a P.A.C. member to assist them around town. Also, the types of committees needed were listed to be formed from various P.A.C. members. The Board received notices of two hearings to be held by the Board of Appeals. Plans were signed as "Not requiring PlanningBoard approval" for Red Squire Realty Corp. "TOPICS" PROGRAM: A copy of a letter was received from the State Dept. of Public Works relative to the "TOPICS" program. A copy of the letter will be sent to the Planning Consultant requesting his comments. The meeting adjourned at 11:30 P.M. WC AD Chairman Clerk