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HomeMy WebLinkAbout1975-02-03Pebruary 3, 1975 - Monday Regular Meeting The PLANNING BOARD held its regular meeting on Monday evening, February 3, 1975, at 7:30 P.M. in the To~n Orifice Meeting Room. The following members were present and voting: William Chepulis, Chairman; ~ritz Ostherr, Vice-Chairman; William N. Salemme, Clerk; Paul R. Lamprey and John J. Mo~teiro. Upon motion of Mr. Monteiro and second by Mr. Ostherr, the minutes of Dec. 16, ~974 were accepted. The vote was unanimous. THC~AS CONSTRUCTION - Discussion: Representativeswere Mr. George Costonis and Mr. Philip Lowell, Atty. Rober~ Whi$~ and Mr. Douglas Cann. Atty. White gave the presentation. He ~ated, it seems a great deal of concern is with maintaining.the purity of the water supply. Ne wOUld prefer to re-zone to a Residence 5 district and suggest a variance approach because it safeguards the Town with restrictions to the developer and necessitates filing subdivi- sion plans after the permit from the Board of Appeals. Wou~d you give us the benefit of your thinking as planners and suggest to us how to proceed, he recluested. Chairman Chepulis stated that he didn't think we were in a position at %his moment to advise them what to do. There is ~ ad hoc committee which is searching for recommendations. The 4 alternatives were mentioned plus the Town being offered the land at a price not stipulated. The PLAIgNING IMIARD does not have the power to deviate from the Zoning By-Law. Mr. White said that their principle concern is which wa~ to go. If we came the zoning change route we could guarantee to you certain things and want some guidance in this matter. He thinks the Town would be better off going the variance route because it Protects the Te~n more than the zoning char. ge. Mr. Ostherr shares Mr. Boric of the Board of Appeals view in that it is beyond their scope or power due to the hardship clause. He, also, stated that the point of ~_udling surface water run-off was dealt with cluite nicely in the presentation given on Thursday evening. We rega~ our Lake, however, as much more thau a beautiful vista which w~s not really covered in the Thursday presentation. Atty. White stated that he felt it is within the jurisdiction of the BOAP~ to entertain the variance approach in that this is a unique situation. Mr. Omtherr asked, what would you think of creating a new zoning district in which P~D would be permissible with a special permit? It would be ag~eable, said Mr. White. Mr. Costonis interjected that if the BOARD would like to go to Tows Meeting they would be very happy to prepare an article for the Warrant. Without going over your head, we would want the PLANNING BOARD to review i2. They would want PLANNING BOARD approval because it will not get through Town Meeting with- out it. Mr. Costonis said, they have tried to impose as many restrictions on themselves ms possible. If they go to the Board of Appeals, the Beard can tell them exactly what to do and these are the things that should be done. There are problems with the site such as, a high water table. The number of units per dwelling per acre is the importaut thing; what density is really the best for the Town with the balance of developable land that is left. If we don't have to bring up the sewer, we would be happy with 154 units stated Mr. Costonis. Mr. White asked, could they draft an article and submit it to the PLANNING BOAP~? We would be glad to sit down with yon prior to the Warrant closing, answered Mr. 0stherr. Then, of course, a public hearing would have to be held. Mr. Lamprey stated, we are in the right ball park by getting away from the variance angle and would like to see what the cluster zoning article looks like. Mr. Ostherr felt that we have two separate subjects - Lake Cochichewick watershed and cluster zoning. This is cluster zoning and not a PUD. Ccstonis said they will build one cluster of ~2 units and then bring the sewer up. Mr. Chepulis asked about the soil survey - how did it compare with ~mrs? Very close, they said. Also, clarify the 200 ft. buffer strip - would it be deeded to the Town, au easement or what? They would create whatever kind of document i~ would take to pre- serve the view, etc. It would not be for the Town, but it would be to forever forbid February 3, ~975- cont. any construction or use. They would not want it turned into a public thoroughfare. Thomas Construm%ion has two divisions, contracting and real e~tate. The PLANNING BOARD to meet with Thomas 0onstruotion in Meeting Room on Saturday, Feb. 8, 1975, and Thomas Construction to send copies of their soil survey to the BOARD and the Conservation Commission. 1. Desmond ~ullivan: Plan of land in North Andover, Mass. dated Januar~ 16, 1975, which borders the Boxford line. Mr. Ostherr made a motion to endorse this plan, dated Jan;;a_~,~ 16, 1975, as Not Requiring Approval under subdivision control law and Mr. Lamprey seconded. The vote was unanimous. ANDEEW CIRCLE - Release of Bond: Atty. Maurice Schwartz represented Mr. Sorbo. Mr. Chepulis read the letter from Atty. Schwartz, dated January 23, 1975, requesting a partial release of a bond held in the amount of $37,000. A letter from the Board of Public Works, dated January 28, 1975, was read in which they advise no release of the bond. The Highway Surveyor's letter of February 3, 1975 was also read in which he recommends retaining a sum of $10,000 for work to be done by the Highway Dept. After a short discussion, Mr. Ostherr made a motion to reduce the bond on Andrew 0ircle to $1~,000. ,Mr. Monteiro seconded the motion and the vote was unanimous. S~L'~ FOREST - Preliminary Plans: Mr. Ostherr made a motion that the Subdivision Subcommittee review the plans and site on Monday, l~ebruary 17, 1~75. Mr. Monteiro seconded andthe vote was unanimous. Mr. Salemme presented a plan of the area. He stated that the Committee will be voting on this at their next meeting. They plan to make test pits in this R-2 District site. They will have a zoning article for Town Meeting. Member Ostherr thinks the Committee should have a vote of confidence from the PLANNING BOARD, but without any formal action stating what is proper zoning for it. The I~.A~NING BOARD hms no objection to the use in this area. Upon motion of Mr. Ostherr that we inform the Committee that we would support a re-zoning of this $9 acre parcel to I-1 and a second by Mr. Lamprey the vote was unanimous. LETTER FROM CAMPION HALL STUDY C0~gITTEE: The letter requested any guidance and/or recommendations available at the earliest date. The BOARD accepted the letter. MI ~JE~IANEOUS MA~S: Mr. Mon%eiro spoke regarding the MV'PC Transportation meeting. He feels that the BOARD should take a stand as tare as priority is concerned and l~te. 114 is the one it should recommend due to the safety aspect. Mr. Lamprey's motion was to direct Mr. Monteiro to convey the PLANNING BOARD'S opinion and request reconstruction from Route 11~ at Middleton Square to Union St. in Lawrence as consideration for top priority. Mr. Ostherr seconded and the vote was unanimous. Pebruary 3, 1975- cont. Mr. ~c~teiromade a motion that he would like to have a letter sent to Rev. Pr. Ouindon asking why the Jesuits did not contact someone in the To~n regarding the sale of Campion Hall. They havenot ~een subject to taxation and have enjoyed the services of the To~n all these years. The motion received no second. The BOARD did not feel the above had anlrthing to do with Thomas Construction Co. Mr. Monteiro also said that there is a ques- tion of Rolling Ridge being thenext to go and we deserve being contacted. We are a planning group coneerned with the future planning cf the Town. Mr. Lamprey stated, he did not think anyuse would be served by this. Mr. Monteiro then made a motic~ that we request the Selectmen to ~rite to the other non-profit organizations around the Lake stating that we recognize that Town Counsel should be aware of this and if they do not ~ant to write the letter, we will. Mr. Ostherr seconded the motion and the vote was unanimous. SCENIC ROADS: Mr. M~nteiro said the petitioners will have an article ready for Town Meet- ing which will include just Great Pond Rd. HOUSE BILL 525: Mr. Monteiro distributed copies of the act to revise the Zoning Enabling Act, Mr. Ostherrmade a motion that the Chairman be designated to put an article in the ~arrant specifying, "to see if the Town will vote to join the National Flood Insurance program and designate an appropriate town agency to report to ~D.# Mr. Monteiro seconded and the vote was unanimous. The meeting adjourned at 10:30 P.N. ! (~illiam Ohepulis) (Oilda Blaokstook)