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HomeMy WebLinkAbout1972-03-06Monday - March 6, 1972 Regular Meeting & i Hearing The PLANNING BOARD held its regular meeting on Monday evening, March 6, 1972 at 7:30 P.M. in the Town Office Building with the follo~M_ng members present and voting: Charles W. Trombly, Jr., Chairman; Donald N. Keirstead, Vice Chairman; John J. Monteiro, Secretary; William Chepulis snd Robert J. Burke. There were 15 people present for the meeting. Mr. Monteiro made a motion to accept the minutes of the previous meeting; Mr. Keirstead seconded the motion and the vote was unanimous. Mr. Monteiro noted that this is Mr. Burke's last meeting as a member of the Planning Board since he did not choose to run for re-election, and that some sort of plaque or memento be presented to Mr. Burke and to other members that have served the Planning Board in past years. The Board members agreed this should bed one. Chairman Trombly thanked Mr. Burke for his 15 years of faithful service to the Planning Board. HEARING: J. & V. Realty Trust. Mr. Monteiro read the legal notice of the petition of J. & V. Realty Trust to subdivide a parcel of land containing approximately 6 acres on Chestnut Street between Longwood Avenue and landOf Kurtz Hans°n, A letter was read from Joseph Borgesi, Board of Public Works Supt., stating that the water and sewer lines shown on the plan meet the specifications of that Board. A letter from Nicholas Nicetta, Highway Surveyor, was also read stating that the plansmeet with his approval with the understanding that 300 feet of 12" aluminum pipe will be furnished by the J. & V. Realty, to Correct existing drainage. John J. Burke spoke, representiagJ. & V. Realty, and explained that single family homes would be built costing in the vicinity of $50,000. Philip Busby, Jr. is the engineer. The definitive subdivision plan showed 5 lots, all of which met the requirements of the Subdivision Control Law and to be c~lled "Chestnut Court". Mr. Busby exple.~ed that it was not possible to put a radius on the side of the road near the Sheridan property. They agreed that they would Comply with Mr. Nicetta'S request of 300 ft. of pipe. Mr, BUrke was asked t° put in ~n-iting to the Board that he will supply the pipe as requested. There was no opposition. Mr. Chepulis made a motion to APPROVE the subdivision subject to certain conditions; Mr. Monteirc seconded the motion. Mr. Robert J. Burke disqualified himself from voting and the vote was 4-0. VOTES ONRE-ZONINGPETITIONS: 1. Edward J. Phelan: Village Residence to Industrial "L" Mr. Monteiro made a motion to recommend FAVORABLE action; Mr. Burke seconded the motion and the vote was 4-0. Mr. Keirstead did not vote since he did not attend the public hearing. The reasons are as follows: March 6, 1972 - cont. 1. Land is similarly zoned directly across the street and this would be an ex- tension of an already existing zone. 2. This type of zoning would not be detrimental to the area since~ this type of' use has existed in this particular area for many years. 2. Massachusetts Avenue: Village Residence to General Business. Mr. Monteiro made a motion to recommend UNFAVORABTJM action; Mr. Ohepulis seconded the motion and the vote was &-O. Mr. Keirstead not voting. The reasons are as follows: 1. There is already heavy traffic in the area and thi~ type of business would create more of a traffic hazard. 2. The expansion of business should not be allowed in that area$ it is net suitable for further commercial development. 3. John Brown's recommendations should be followed in keeping that area residential. &. It would not be in the best interests of the town to re-zone that area for business. 3- Davis & Furber Machine Co.: Corner Water & Church Sts. - General Business to Village Residence. Mr. Monteiro made a motion to recommend FAVORABLE action; Mr. Burke seconded the motion and the vote was ~-0~ Mr. Keirstead not voting. The reasons are as follows: The Board feels that because that side of the street is mainly residential and there are several homes on this parcel of land, it would benefit the town and the townspeople to zone this area for residential use. ~. Davis & Furber Machine Co.: Water & Clarendon Sts.- Industrial to Village Residence. Mr. Monteiro made a motion to recommend FAVORABLE action; Mr. Burke seconded the motion and the vote was ~-0; Mr. Keirstead not voting. The reasons are as follows: The Board feels this is proper zoning for this area amd is in keeping with the recommendations of John Brown and the Master Plan. Residential zoning would pro- tect the people residing in the area since these houses have existed there for many years. 5. Davis & Furber Machine Co.: Easterly side of High& Prescott Sts.; Country Residence to Industrial "S". Mr. Monteiro made a motion to recommend UNFAVORABLE action; Mr. Chepulis seconded the motion and the vote was ~-0; Mr. Keirstead not voting. The reasons are as follows: March 6, 1972 - cont. 1. Potential industry could develop a serious traffic and transportation problem if this area is re-zoned. 2. This area is basically residential - there are slot of homes in the area. 3. John Brown has recommended this area to be residential and his recommendations should be followed. ~. It would not be in the best interests of the town to re-zone this area for industrial use. 6. Davis & Furber Machine Co. - westerly side of High Street; Village Residence to Industrial "S". Mr. Monteiro made a motion to recommend UNFAVORABLE action; Mr. Burke seconded the motion and the vote was 4-0; Mr. Keirstead not voting. The reasons are as follows: 1. Potential industry could develop a serious traffic and transportation problem if this area is re-zoned. 2. This area is basically residential - there are slot of homes in the area. 3. John Brown has recommended this area to be residential and his recommendations should be fo2lowed. ~. It would not be in the best interests of the town to re-zone this area for industrial use. T.~T~ OF RESIGNATION: A letter of resignation from the Planning Advisory Committee (P.A.C.) was re- ceived from Don Keirstead, for health reasons and extensive traveling in his em- ployment. Mr. Monteiro made a motion to accept the resignation with regret and that the Board appreciates his efforts snd many hours of work put into the P.A.C. The Board will still need his services for the master plan. The Planning Board is be- coming very important to the town; we are having more than one meeting a month and the members are working hard. Mr. Keirstead thanked the Board members and members of the P.A.C. LAND/VEST, INC. A letter was received from Town Counsel and a copy of the Declaratory Judgment filed by Land, est against the Planning Board. Mr. Monteiro made a motion to refer the matter to Town Counsel for action. Mr. Chepulis seconded the motion and the vote was unanimous. A copy of the Judgment will also be sent to the Selectmen for their information and files. Mr. Keirstead explained that this is for the court's interpretation of the law - it is not a money suit. March 6, 1972 - cont. POSTEREALTYTRUST Atty. Victor Hatem appeared before the Board and stated that he is one of the principals of Poste Realty Trust and he asked the Board if there has been any determination between John Brown and the Planning Board regarding their proposal for a shopping center on Route 114. Ben Osgood and Morton Braun were also present. Mr. Hatem was told that the Board has received an answer from John Brown but have not had time to study it. They will probably have something to say at the special meeting the Hoard is calling for next week on the 13th. Mr. Hatem was invited to attend that meeting. LEAGUE OF WOMEN VOT~SMEETING: Mrs. Marlene Stekert told the Board that the League of Women Voters is holding a public meeting on Wednesday, March 15th, at 8:0OP.M. at the High School, with John Bro~n for discussion of the Master Plan. The Planning Board and P.A.C. are invited to attend. LAKE COCHICHEWICK: A letter was received from John Brown recommending l~acre zoning around Lake Cochichewick. Mr. Keirstead said the P.A.C. has decided not to change the zoniug around the Lake but that protection in some former ill be provided. Mr. Monteiro did not agree; he is concerned about the watershed area. Mr. Keirstead said the P.A.C. has completed the zoning map as they would like to present it to the public. The land use tables and setbacks are also complete. Changes can still be made up until the time of filing as an article. SYNOPSIS OF COMPREHENSIVE PLANNINGPROGRAM: John Brown prepared a Synopsis of the North Andover Comprehensive Planning Program. Copies will be made available for each member for further discussion at next week's meeting. Mr. Brown had sent a copy to Mrs. Marlene Stekert for the League of Women Voters. BOARD OF APPEALS HEARING & DECISION: Mr. Trombly read the Board of Appeals decision on the petition of Dr, William Patterson granting him a variance. Mr. Trombly read the legal notice upon a hearing to be held March 13th for Davis & Furber Machine Co. for division of land on Water St. at the corner of Elm Street. Mr. Keirstead made a motion tO send a letter to the Board of Appeals requesting that they defer any action upon that petition until plans are made available to the Planning Board in order for them to make a recommendation. FLATLEY DRAINAGE PROBLEM: A copy of a letter from the State Dept. of Public Works was received that had been sent to Flatley about the drainage problem from his apartment development. Mr. Keirstead said Flatleyhas purchased the Melamed land for the mn~ purpose of dr~ning his property ac an existing dr~u. He recommends that this matter be referred to John Willis for his reply to the Board at the next meeting. Mr. Monteiro seconded the motion and the vote was unanimous. March 6, 1972 - cont. LOW INCOME HOUSI~G: and Miscellaneous Matters: Low income housing was discussed and it was suggested that a meeting should be held on that matter alone so that some action can be taken before the government comes in and tells us what to do. All miscellaneous material was referred to Don Keirstead for study and report. Mr. Monteirosaid he attended a Mass. Fed. of Pl. Brds. seminar on environmental Planning Agencies. He said that some money will be available to the Planning Board and to the region. He will get mere information on this and report back to the Board. PLANS NOT REQUIRING PLANNING BOARD APPROVAL: The Board si~aed several sets of plans as "Not requiring Planning Board Approval". Howard Thomson re-submitted his plans for signatures, which plans the Board had refused to sign at a previous meeting. Mr. Thomson also submitted a letter of explanation. The Board would not sign the plans$ the letter does not change the fact of the law. The area as shown has only 50 feet frontage on a public way. Mr. Keirstead showed the recommended zoning map, with the changes that had been made. A lengthy discussion was held on the.zoning changes. The meeting adjourned at 9:30 P.M. Chairman (Charles W. Tr'~mbly, Jr.) Secretary