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HomeMy WebLinkAbout1971-11-02Tuesday - November 2, 1971 Special Meeting - HEARING The Planning Board held a special meeting on Tuesday evening, November 2, 1971 at 7:30 P.M. in the Town Office Building with the following members present and voting: Charles W. Trombly, Jr., Chairman; Do~zld N. Keirstead, Vice Ch.; Robert J. Burke and William Chepulis. HEARING: PROPOSED REVISION OF SUBDMSION RULES AND REGULATIONS. Mr. Trombly read the legal notice upon the Planning Board's proposal for complete revision of the "Rules and Regulations Governing the Subdivision of Land". The following people were present: Mike Schema, Charles Foster, John Willis, George Farr, Ben Osgood, Jay Burke and Michael Garvey. Mr. Trombly explained that the present regulations have been 5n existence since 1955. Mr. Keirstead said .he felt that revisions are needed, that the Board has had problems in the past with subdivisions and some things need to be cleared up. George Farr felt that the requirements are too stringent. John Willis said that a developer should be allowed to use his own engineer if a department head says things have not been met but have been met as far as Planning Board requirements are concerned. The other agencies should not have the authority to decide things. ~ Mr. Keirstead said the board is trying to get a means of providing certified approval to them and getting it done in the best way for everyone concerned. Mr. Willis said there should be an alternative in the event that the proper agency does not have the time or help to make the necessary inspections. A certified engineer could submit a report to the Pla~-g Board. P. 15, No. 6 was discussed. No, 2 - general requirements: Mr. Willis doemn't think it can be required. No. 3 should be Bd. of Health, not under PlannimgBoard jurisdiction. The PlanningBoard cannot require land to be set aside for public parks and playgrounds. Mr. Keirstead read Section 81U which says it can be done for a period of 3 years. Mr. Willis said Section 8lQ says no rule or regulation shall require land for public use without Just compensation. He also said that it shouldn't require that all streets go to the end of the subdivision. The board provides for turn- arounds. Utilities should go only to the center of the turnaround. They discussed percolation tests and the Board of Health. Mr. Willis said that if the regulations stay withinthe frame of the statute everything is in pretty good shape. It was brought out that Section 81M allows the Board to set up rules and regulations. Discussion of release of bonds and covenants was held. Mr. Willis said the board should require that a satisfactory perc test has been made before a lo% is released. November 2, 1971 - cont. They discussed preliminary and definitive plans. Prel~m~uary plans cannot be required. Mr. Willis said he doesn't th~nk a survey is necessary. The rules and regulations having to do with preliminary plans should apply to definitive plans. Under No. 10, Mr. Willis doesn't think it is possible to show dr~4nage the way it is. worded. 5 foot contours are too close - should go by geodetic survey of that area. The requirements for preliminary plans should be reduced and made more flexible. Everyone seemed to feel that there is no hurry to adopt the rules and regulations at present. The Board is currently very busy with re-zonings and revision of the zoning by-laws. These rules and regulations can wait until next spring. It was uns_rnimously decided to postpone action on the subdivision rules and regulations indefinitely. The meeting adjourned at 10:00 P.M. Chairman (Charles W. Trombly, Jr.) Clerk "~ 32 LAWRENCE EAGLE-TRIBUNE, Lawrence. Mass.--Wednesday, Nov.'lO, 1971 North Planner and lawyer clash over land use NORTH ANDOVER Town Planning Consultant John . Brown and Atty. John Willis clashed 'last night during an _ open forum to review Brown's fifth preliminary report on fu- ture land use. The forum was conducted jointly by the planning advisory committee and the planning board. During phase one of the lwo-year study. Brown sub- mitted reports dealing with existing [and use. population, goals, housing, and. routes. His fifth report, future land use and circulation, presents a plan for distributing vsrious land uses ap to 1990. Browm m his report, described the study as a 'generapstatement of policy and iment." At one point Brown and Willis engaged in a heated two- way discussion over the pro- posed fate of existing land uses. Willis argued that 'Brown had been talced to study vacant land u$es. and nol areas already devetoued. "I don't think Mr. Brown M~ any business telling us that in 20 ~'eacs certain businesses will be obsolete ' said Willis who himself rents office space to processionals, primarily doe- curs. "I nave a su~tantial ~n- vestment here. It's my life's blood. What do I do when I lose my tenants? According to Charles W Trombly Jl'., chairman of the planning board, if zoning is changed after buslnessus or residences are established le- galty~ the become "non-con- forming", and technically ille- gal. It a certain portion of the property is destroyed during JOHN BROWN that time. the owners are pro- h/bRed form rebuildiug. Willis argued that Browffs repot! jeopardized ex,sting es- tablishments by i.mplvmg they will be non-cohformii~g in the projected future. "Ls it impos- sible to incorporate exsiting land uses into the master plan?" he asked Brown. 'Tm not saying we wont change, and if the need comes we will." "But if some one comes up with a valid ease to change the use of the land. the master plan can be changed, too." he eominued. Brown admitted that in some cases the report recom- mended changes m existing land use. but added, "V~e warn to carry out the towns objec- tives.'' He told Willis that his contract required a thorough study of the town. "I can't work, .in a vacuum." The land in question covers l>rimarily the circulation cie- ATTY. JOHN WILLIS meats of ~outes 114 and 125, the commercial down town section, and historic center· and the Lake Coehiehewiek wa- tershed. The repot;, according to .Brown, seeks to preserve and exteud the beneificial aspects of these areas, while pro- viding for future growth by · 'remolding" other aspects. Planning Board member Donald N. Keirstead said he felt it necessary to protect those who have already built on the land. "I think we need a clear statement that it is not our intent to change existing uses.' he said "When changes are comemlalated lay the own- er. than we could implement the plan. Willis warned Brown that ff businessmen felt their business- es would be labelled non-eon- forming, they would oppose the plans, which would under- mine the whole purpose of the plan. Another man commented, "You can't make a business- man turn around and make changes until he's ready." Kierstead. "] think we un- derstand what you're propos- ing, and I'm sorry, but we're 'almost unanimously against it." Brown. who was visibly dis- turbed by the reactions, re- peated that he only intended to follow the town's ob}eetives, but added. "You're going to water this thing down until there's no impact left at all. you say we have to leave ev- erything the way it is. I can't accept that. That wasn't what I was hired for." · I will make whatever changes the PAC and the plan- ning board recommend." said Brown. "But I'll fight like hob if I don't agree with them. That's my job." Willis criticized the PAC for what he termed its "inability to communicate the feelings of the community" to Brown. One resident protested, "You] can't.just wipe out businesses' that serve the community," he said. "You can't tell the ow- ner to §o out and s, pend $1 mil- lion to rebuild, when he has a viable entity in the town." Brown said he did not in- tend to "w~pe" anyone out, but only wanted to develop the land to its best advantage. · Do you want to plan the best future use of the land. or do you just want to fool around," Brown finally salfl m exasperation. "We want to plan for vacant land." ~aid Kierstoad. "and not too! around With what's here. I'm reluctant to go before town meeting and fool around with what's already here." LAWREI~LCE EAGLE-TRIBUNE, Lawrence, Mass.--Wednesdey, No~. 10, 1971 31, iIRLOIN FULL CUT NELL TRIMMED 19 lb. 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