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HomeMy WebLinkAbout1971-12-06Monday - December 6, 1971 Regular Meeting The PLANNING BOARD held its regular meeting on Monday evening, December 6, 1971 at 7:30 P.M. in the Town Office Building with the following members present and voting: Charles W. Trombly, Jr., Chairman; Donald N. Keirstead, V. Chairman; John J. Monteiro, Secretary; William Chepulis and Robert J. Burke. There were 30 people present for the meeting. The minutes of the previous meeting had been read and Mr. Keirstead made a motion to accept them; Mr. Monteiro seconded the motion and the vote was unanimous. Mr. Keirstead submitted the following statement for the record: On Thursdayt November 4, 1971, Town Counsel, Arnold Salisbury, defended the Board of Selectmen and the Planning Board in Boston Superior Court in au action brought by the Trustees of Old North Andover Realty Trust, to prevent both boards from taking any zoning action in the Rural Residence District. Selectman William Duffy, Planning Board Chairman Charles Trombly and Vice-Chairman Donald Keirstead were in attendance. Town Counsel argued that this court action, taken to protect the selfish interest of a developer, essentially disfranchised the voters of North Andover from any zoning action in approximately three quarters of the town. This order could very possibly continue long enough to prevent any such action at Annual Town Meeting. This would be a direct interference by the courts in due municipal process. The defense was successful and the restraining order was dissolved. Also, an attempt by the petitioners to make the Board of Selectmen and the Planning Board parties to a civil action brought by the petitioners was denied. Mr. Keirstead then made a motion that the North Andover Planning Board send a letter to Town Counsel, Arnold Salisbury, on its own behalf, and on behalf of the residents of North Andover, commending him for his excellent representation of the Board in his court appearance regarding the zoning restrain/rig petition. Mr. Monteiro seconded the motion and the vote was unanimous. REQUEST FORRE-ZONINS: Frank Smerczynski appeared before the Board to discuss the possibilities of re-zoning his property on Rte. ll4 at the Middleton town line, adjacent to Eastern Tank Co. He would like to exp~ his furniture refinishing business which he con- ducts on his property Just over the town line in Middleton. He wants to put up a 2400 sq. ft. building. He owns the abutting land in Middleton and presently con- ducts his business there but wants to expand it onto his property in North Andover. The Board suggested he submit an article in the warrant for Annual Town Meeting, submit proper plans, etc. Mr. Nill from CIR Realty, George Garftnkel, an ~rchitect from Beaten and Mr. Norman P. Nambert ~2 Bay State Rd. t Boston, the prospective of the Stevens Mills property. They proposed to the Board that they would 1 ike to make luxury apartments out of the Stevens Mills building; about 300 apartment units w~uld be possible. Discussion was held relative to apartments and the gentl~n were in- December 6, 1971 - cont. formed that the Zo~i~_g By-Lawno longer provides for apartments and they feel the town would not be receptive to more apartments. AMENDMENT TO ZONIN~BY-LAN: ' The Board voted on the amendment to the Zoning By-Law to allow only single- family homes for which a hearing had been held on November 29t 1971. Mr. Monteiro made a motion to recommend FAVORABT~ action; Mr. Keirstead seconded the motion and the vote was unanimous. The following reasons were given: The Board feels that two-family homes and duplex homes should not be sllowed in RuralResidence areas in order to keep the densitylOwer, which would be in keeping with the recommenda- tions of JOhn Brewn, the planning consultant who is currently in the process of revising the Zoning By-Law and drawing up a master plan for the town. The Plarming Board would have taken this same action atnext to, n meeting on its o~ninitiative. The Special To~nMeetingt for action on this amendment, ~ be held on Monday, December 20, 1971 (Note: This amendment wa~ passed at Special Town Meeting). LA~D~F~T, INC. Mr. Marriner and Mr. H.mlan from Land, est, Inc. were present. Mr. Keirstead explained that Land, est representatives had contacted members of the Planning Board and asked if they could submit a preliminary plan; however, he feels that the plan was not properly and legally submitted to the Boardand he feels that to develop that property into approx. 400 duplex houses would not be ~ood for the town. He quoted Section 81S of the Subdivision Control Law, especially having to do with a written notice to the Town Clerk; also Section 7A having to do with seven years protection on subdivisions. He also cited Lavoie Construction Co. v. Ludlow Building Inspector, Adv. sheets 1963, P. 895. Mr. Marriner said a receipt was given by the Town Clerk that the plans had been submitted; they also gave the Board of Health 3 copies of the plan and they feel the plans are properly submitted. Ben Osgood said that he tb~-~ the Lntent of the law is to show the plan was sub- mitred. Mr. Trombly said he tends to agree with Ben Osgood but that the matter should be referred to Town Counsel. Mr. Monteiro made a motion to refer the matter to Town Co~usel and get bis inter- pretations relative to Section 81S and 7A, Chapt.~OA and Lavoie Qonst. Co. v. ~udlow Buildin~Ins~ector, Adv. sheets 1963, P. 895.; also information relative to a 6C-day extension of action on the preliminary plans, Mr. Keirstead seconded the motion andthe vote was -n~n~mous. Mr. Marriner said their intention is not to do what the plan shown. Mr. Keirstead said the town should.be protected; he reviewed the plan and doesn't like it. Road- ways should be developed so that cul-de-sacs can meet with other roadways. Some could be ex~ended for future development. Mr. Monteiro said he is very grieved with the plan as presented. Mr. Trembly said the matter will be referred to To~n Counsel and then discussed further at the next meeting. Me could get an extension of time from Land, est. Mr. Marriner said they would grant the extension. Mr. Keirstead said we could get an extension in ~riting of 60-days and then get an extension of the seven months requirement for the definitive plan. Land/Vest are trying to secure the present zo~n~ for their development. December 6, 1971 - cont. JOHN BRO~NRF~ATIO~S: A letter was received from John Brownrelative to several re-zoniug recommenda- tions; namely, Renuie, Somma and Davis & Furber. Copies of the letter ~]l be sent to Rennie and Somme advising them that they can still seek re-zoning even though~r. Brown does not recommend the same. Mr. Keirsteadmade the motion and Mr. Chepulie seconded it and it was voted unanimously. '~HITTI~R FAP~" SUBDMSION: Mr. Burke said he had t~ed ~ith Mr. Nicetta and he said he would dig the ditch if the people would pay for it. Mr. Keirstead made a motion to ~rite to Arthur Collins as~,~ him to contact the Highway Surveyor by letter in order that the necessary dra~age ditch may be dug on the "Whittier Farm": subdivision and attempt to reach an agreement ~og~rd~g the cost and details of getting the ditch dug in order that the Board may remove the covenant on lot #~. If there is any question on this matter, Mr. CoLlins should contact Mr. Burke. Mr. Monteiro seconded the motion and the vote was unanimous. BOARD OF APPEALS ~OTIC~S A~D DECISIONS: The Board received the fo]lowing legal notices: 1. Gaetano Bongiorno - combination of small lots~ no recommendation. 2. Henry Fink- request to reside on business premises. Mr. Keirsteadmade a motion that this was not an inappropriate use and the Board has no objection to the granting of it~ this would not derogate from the intent of the Z~i~By-Law, Mr, Monteiro seconded the motion and the vote was unanimous. The Board read decisions granted on the fo]lowing petitions: J, & V. Realty Trust, Dr. ~amPatterson and Davis & Furber Machine Co. MISC~.ANEOUSMATTERS: Due dates for submission of financial and essay reports for the To~nReport were received and noted. Copies of material from John Brown re work items completed, requisition for paymant~ etc. were received and ncted. Discussion of future meetings was held. The P.A.C. will meet on Wed., Dec. 8th. The Planning Board will meet on Mort,, Dec. 13th for a work session and a combined meeting~rill be held on Tues., Dec. l~th with the Planning Board, P.A.C. and John Bro~rl. ~r. E. R. Brown, 1535 Great Pond Road (directly across the street from Campion ~) appeared before the Board.to discuss the proposed 1½acre ~oning. He owns 10~ acres and wanted to ~ow how he would he affected. SEMATOR JAMES P. RURAK: Mr. Xeirstead made a motion to send a letter of thanks to Senator Rurak for supplying the Planning Board with the Statutory Retrieval of Massachusetts General Laws having to do with certain acts of the General Court for cert~ municipal boards, namely the Planning Board and Board of Assessors. Mr. Monteiro seconded the motion and the vate was unav&~.~us. December 6, 1971 - cont. BUILDING INSPECTOR: The Board discussed recommending to the Selectmen that the Building Inspector be put on a full time basis. Because of new zoning and added responsibil~ties as zoning officer, the Board feels this is a necessary thing. Mr. Monteiro made a motion that Mr. Keirstead write a proposal to the Selectmen suggesting that the Building Inspector be made,full time position. Mr. Burke seconded the motion and the vote was unanimous. The Board signed plans "Not Requiring Planning BoardApproval". They also voted to rescind their approval on plans for Davis & Furber Machine Co. signed on Nov. 29, 1971, because after further study they feel that Board of Appeals action is required. They withdrew their approval and deleted the signatures. Mr. Keirsteadreportedonthe Community andEnvironmentalDevelopment Study made by the Dept. of Community Affairs. The meeting adjourned at 10:30 P.M. ,, Clerk (Anna Donahue)