Save Rural Andover Borough - Rejection wouldn't set back Beazer

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Rejection wouldn't set back Beazer
Wednesday, February 8, 2006
By Andrea Levene, Herald Staff Writer

The Andover Borough Council will decide next week whether to reject a developer's initial sketch of its plan for a large development that could triple the borough's population. But even if the general development plan agreement is rejected, Atlantic-based Beazer Homes believes it can legally resubmit its application.

The council heard public comment last week and agreed to put off a decision until it could hear from the developer at its next meeting on Monday.

The 590-unit development would include 80 single-family houses, 121 townhomes, 192 garden apartments in several low-rise buildings, and 197 age-restricted duplexes and apartments.

State land use law permits developers to submit a conceptual plan of its proposal for the property with the understanding that the zoning will not change and that the builder has 20 years to put that plan into action.

The 233 acres are now zoned for mixed-use.

Since the initial agreement was approved in 1989, members of the council and Borough Planning Board have met with representatives from Beazer several times, who have supported the proposal, Kevin Kelly, Beazer's Newton-based attorney, said on Tuesday.

"The council and planning board members have supported this project for 16 years," Kelly said. "We've met with them many times during that time and they've provided input into the site plan application. It's hard to understand what their position is now, if it's against this project."

The council's special counsel, Clinton-based attorney Richard Cushing, claims the borough has grounds to reject the agreement because the developer failed to appear before the governing body to gain extensions for submitting a site plan and because of changes to state laws regarding what developers can provide for municipalities, such as recreation centers, swimming pools and municipal buildings, all of which were promised in Beazer's initial agreement.

Kelly said he was not aware of any land use law provision requiring the developer to appear before the governing body to gain an extension.

"If that was true, we would have done it," Kelly said.

Kelly said he was waiting for more information about Monday's meeting before he'll decide whether to attend.

"We would like to have some idea about what this meeting is about and what our role would be," he said. "We have a pending application before the (planning board) and that is the existing process. That's where the public comment takes place."

The planning board deemed Beazer's site plan incomplete after it was introduced at a meeting Monday. The developer has 30 days to submit additional information.

Mayor Shirlee Bollard said she would not comment on the proposal. Cushing could not be reached for comment.