HomeMy WebLinkAbout2008-12-02 Planning Board Minutes DRAFT
'own of Nortb Andover
2 Planning Board
Minutes of the Meeting
December 2, 2008
Town Hall, 7:00 Ply
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Members present: Jahn Simons, C ai . a .
9 Richard Bowen, regular member
10 Timothy Seibert, regular member
I I Michael Walsh, regular member
2 Courtney LaVo picelo, a t.emat
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4 Member absent Jennifer Ksek, regular member
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16 Staff resent: Judy Tymon, Town Planner
17 Mary Ippolito, Recording Secretary
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21 Cbair called the meeting to order at approximately 7:10 PM.
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3 Chair announced the following oS NMN S:
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25 John Cahill— Salem Street, Map 37D, Parcel 21. Definitive Subdivision known as
26 The Captain Nathaniel Berry Homestead, consisting of a new 292 foot long roadway and 3 new
27 proposed lots each containing 25,000 s. existing lot containing 32, 174 s-f with existing
2 --Family dwelling within R-3 zoning district. wee irr rro�ego ed. hal er � ���deb
29 of 2009
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31 John Cahill— 166 Salem Street,,Map 37D.Parcel 21._Watershed Special Permit to
32 constructa new 292 foot long roadway and new single-family homes,portions of the roadway,
33 one house and a storm water detention/infiltration basin will be within the non-discharge buffer
4 zone. Meetiu not closed. waiver on file until Feb. of 2009.
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36 674 Turnpike Street, Theo o i Londi, Site Plan Review Special Permit to allow
37 for demolition of a 2 story residential dwelling i order to construct a 2,800 S. .
38 Commercial building consisting of 1,400 s.f. restaurant and 1,400 s.f. retail within C D2
9 zoning district. Waiver n fileuntil . c� . � 2008, P wi .' . s . � �a � ry.
41 Discussion only with Merrimack Valley Planning,Dennis DiZolio discussion
42 regarding"Priority Growth Strategy".
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44
45 Chair called for the following,
ISCUSSIo TS:
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47 Town of North Andover, propose to construct a modular school,, K s. ,
48 adjacent to the Atkinson School within R-4 zoning district. Ben Gary, Engineer presented
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I landscaping plan tonight. Will save trees at closest corner to Chickering Rd.,.added
2 evergreen, red maple for shade and punting in front of building, seeding will be done.
3 Foundation will be a crawl space. Keep stripes on parking lot for now.
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5. Town has a short time frame to get ready for 2009 school year. Modular bonding will be
6 assembled at the location. Pat Santa present tonight. Sargent and Franklin has appro .
or 8 classes of pre school children. $4M budgeted for this project, Ben Gary presented
proposing to use existing wooded area to place neer Pre-K school. Right turn only
9 coning out onto Chickering Rd. over 100 feet from wet and. Looped around driveway
o for buses to drop off and for parents to pick up. Diverting catch basin for flow. Internal
1.1 drains for rood'and premiter drains. Hydrant to be close to the school at corner o
12 building. Gas and electfic connected. Security lighting presented. Pian equipment for
13 the children enclosed in a. fenced area..At 400 feet located a swan around building from 1
14 foot to 4 feet to catch over flow form catch basin.
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16 Judy submitted a letter for the record from. Ben Gary to Gene Willis dated December I17 ,
20 ....see item 2 regarding drain pipe, Mr. Garr will redesign access and confirm exact
18 location to avoid problems. Gene Willis doesn't want them to piek up 12-inch pipe: and
19 keep other pipe at 15 inch. Clear. out and make sure Mr. Gary has extra clean out and all
20 oils will be incorporated into the site pia .
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23 MW asked what is traffic flow? Dismissal tees at adjacent schools are between 2:10
24 PM and 2:40 PM won't a f f-c:ct the traffic,f.IA o�, of the Pre-K- School, not sue congestion
25 only about 6 cars use this area.now. Submitted picture for the record. Pat S a t t a,
26 explained the look of the exterior of the school. Flat roof; roof top air-conditioning units,
27 elevation of roof was discussed. Chair will issue a letter saying we find this to be a good
28 project we recommend the following...,,..as they go thru the development process, issue
29 this letter at next PB meeting.
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31 Esc Asysta , 36 Water Street, will parents have to pair for this: It was explained to Mr
32 Asvestas that there are special needs students and role model students; role mode
33 students have tuition requirements and limited amo-unt of spots available for a monthly
34 fee.
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37 Chair called for the following discussion:
38 Boston Mill project, Turnpike Street, Paul Marchionda is making refinement
39 to site layout and building design and address concems with parking and building
o massing.
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2 Paul Mare ionda presented; parking in front of building and size of building itself are
3 issues tonight. 25 feet lay out line from edge of Rte. 114, grading out base of 5 feet high
44 waft, limited with build out because of Cori/Con issue. Will landscape parking lot to
5 gess up site from the street. Building is only one elevation. aul Shatenau, Architect,
46 stated common space is located on first floor because it's easily accessible. He finds that
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December 2, 2008
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when you break it up it makes it more com lIcated for the residents. Applicant stated he
2 will reserve some parking space for Future use. Judy wants as much landscaping in the
3 front area disbursed among parking spaces. Make more landscaping at unused-parking
spaces in front. l ermott Felly will submit a traffic c study. Phase one is now done.
5
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Chair called for-BOND RELEASE*
Brooks School, 1160 Great Pond Road, Site Plan opening bond $1 OK and
10 Watershed Special Pennit bond K constructed a science building. As-built and letter
I I from Engineer submitted. Applicant wishes to donate this cash bond to the Town o
12 North Andover.err Judy read a.letter from the headmaster of Brooks School who graciously
13 wishes to donate their$12K back to Town as a gift. Chair stated let the Tribune know.
14 PD submitted letter from engineer and as built was submitted, no issues with DPW
15 Engineers.. Motion by MW to release and dose out Per or ante G bond for$12K, 2nd by
16 RR,, vote unanimous 5-0,
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20 Chair called for CONTINUED HEARING:
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22 Bank of America, 154 Main Street, Map 41, Parcel 33 — Site Plan Review
23 Special Permit to expand existing parking by removing the rear drive-through aisle and
24 increase the pafking area to accommodate an additional six parking spaces for a total o
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25 18 parking spaces within G- zoning district. Meeting not closed. Decision drafted.
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27 Judy drafted decision PB reviewed it....edits ...numb e in is o ff I & 2 and ju m" to 5..,,
28 Say after completion of construction
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30 Motion by MW to close public hearing 2 d by RR, vote was u anlinous 5-0.
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32 Motion by RR, to approve a Site Pan Re ie r Special Permit as amended, 2ndby MW
33 vote was unanimous -o.
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36 Chair called for NEW PUBLIC HEARING:
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38 Metro PCS, 70 Elm Street, Special Permit, proposes to install6-panel antennas
39 at a centerline of 8 in existing church steeple and related BTS cabinet within R-4
40 zoning district.
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2 Judy explained this is a Public Nearing for a SP required by wireless bylaw for
3 i stallatIon of any wireless facilities. Board member Tim Seibert stated he will recuse
44 himself from sing on the Board and moved into the audience. Is . note: now
45' there is only Simons, Ro en, 'dal . ars Courtney to hear this petition. Chair
6 explained the procedure relative to this hearing,
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PB Minutes of the Meeting
December 21, 2008
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2 Atty. Karen Simao was present to represent Metro PCS tonight. In the event that Atty.
Simao doesn't continue then Atty. Peter Mor*n will be here to do sort Bill McQuade,
consultant, Mathew Boles, consultant, and Franz Pierre, RF engineer are also present
5 tonight. Donald Hayes, was not available this evening. Mr. Mark Hutchings, RF
Engineer, will be doing a safety report obtained by the Town. Time is Bpm.
Mr. McQuade spoke proposing to mount antennas behind louvers, in line of 80 feet in
church,, e ipment placed in basement', only replaced louvers, other than that no other
10 exterior changes. Chair asked what is coverage gap, what is need., etc?
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2 Mr. McQuade submitted waivers tonight, and bas alternative structure report to submit.
3 which were not included in PB packet.
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5 RR asked is the church well aware of what is being proposed? Mr. McQuade statedy es.
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17 Franz Pierre demonstrated where the gap in coverage is, with colored dots. Look at white
18 area there is no coverage, green is where proposed coverage will go. Next page shows a
19 very large green area with coverage, with one small area 70 Elm St. where church has n
20 coverage at all,by connecting the dots on the sites it provides more coverage. Next map
21 soared once the church is connected to the green area an entire area will have coverage
22 to Town of North Andover and connecting to other Towns.
23
-6W 1filly asked -here a e t o caner acii�tles -r�`-e area, and i they provide Metro
25 PCS with coverage? Mr. Pierre stated other carriers are flagpole on top of hill on Rte.
26 #125, Stevens Estate, this pole is full, and there are 3 other carriers on this pole and no
27 more can co-locate there. Judy asked if frequency band is covered by another wireless
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28 facilities. Mr. Pierre stated Spectres,
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30 Mr, McQuade said no ground space is available for Metro PCS. Smoke stack located 300
31 yards &om 70 Elm Street chord, its not commercially available landlord has no interest.
32 It's more preferable for a concealed facility versus a brand new tower facility,
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34 Judy stated V B will do a review, and Mark Hutchings, ars RF Engineer will also do
35 review of Dr. Hayes report, coverage analysis, and alte ati e analysis. Mark Hutchinas
36 was recommended by VHB and received a scope of work and estimate which will be paid
37 or by the applicant. Hope to have this ready for next PB meeting. The Telecom.. A.ct o
38 1996 says health cannot be taken into consideration. .fir. Hayes will attend a community
39 meeting Monday(December 15), however, location of meeting was not discussed`
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1 Mw asked does this application agree with the guidelines? Atty. Simao stated
2 absolutely. Mr. Pierre stated based on Dr. Mayes report stated RF is less thea 1 10 1h of a
3 percent, which is below the FCC guidelines. See reportt for the record.
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5 RR asked where do you measure` fir. Pierre stated measure at a building do it 90 days
y
46 after installation to take measurement. RR asked show a diagram of strongest signal and
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PB Minutes of the Meeting
December 2, 2008
DRAFT
I vertically show significant-drop off and show how radiation reap changes on' o .tali
2 and vertically. Mr. Pierre stated m Dr. Hayes report on page 8 it shows distance of
3 or' or ta.l. RR wants to see the vertleal? Mr. Pipe stated he has this information.in Dr.
4 Hayes packet.
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Judy stated docs installation fall within PCC guidelines? our engineer will do a report.
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Chair wants the waiver request explained. Mr. McQuade submitted waive~for Site Plan
Review, see waiver submitted.
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I I Judy met Chair person of Historic Soclety Kathleen Szys a regarding� alteration being
12 excluded from preview, they looked at information brochure and they want to see a piece
13 of that equipment to discuss request for exclusion from.review and take action at that
14 meeting. Mr. McQuade requested a detennination from Building Inspector in the mail o
15 November 6h, now Cori/Com wants to have a review, He will send.a saw ef
o the
16 material to the office in a week and Mr. McQuade will attend the meeting on Dec. 15th.
17 Chair spoke on regulation of wireless facilities. North Andover has a bylaw in place to
18 do this for visual and safety impact regarding freestanding structures and towers in place
19 and filing requirements etc. Where is preference to co-locate versus building a new
20 wireless structure etc. Atty. Tom Urbelis provided a set of checklists for PB and carrier
21 and applicant has to provide information in their application etc.
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23 Cindy Alten, 45 Elm St., applauded at what has happened, this carne up a few years back,
4;d T- w cut before PB at cLMUTIe H and they dropped—le I'dea of putting cel.l antennas in, so
5 she knows that health.can't be taken into consideration., she finds that for every one stud
26 presented there are no health effects, she can also find another study that says there is
27 health effects. 15 years after putting these antennas in a variety of places, now we have
28 to pull them out. Number of studies going on now, people need to understand the facts.
29 You can take into aceount property value, if you have two houses of equal value one is
30 opposite church without cell tower, other proper has a cell tower, which are you go to
31. choose. Buyers wart to know if there are cell towers in close proximity this needs to be
32 disclosed. It's within the P 's consideration to take into account property value.
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4 Chair stated if property value will diminish ten the PB needed to' see documentation
entation
35 specifically stating the property value has been dirised.
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37 Ms Allen warts to make the Church aware this is going to alienate the Church, if cell
38 tower was within the Cburch she would never have sent her son to that Churc se ooi
39 how can the Cburc .`alienate its neighbors. She will picket this on her lawn. She cannot
40 believe the church will have the almighty buck take precedence over almighty prod.
41.
42 Jim Gordon, Soo Idea St., were trustees of parish aware o changes jade to structure? He
43 suggested PB require a certified vote from Board of Trustees aut ori i .g thea, of making
44 this assertion. When is the discussion of the waiver going to take place. He feels a Site
45 Plan Review of Sectio. 8.3 should be warranted. Chair stated. Section8.9 SpecialPerm
46 is in front of PB tonight.
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PB Minutes of the Meeting
December 2, 20
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2 Mr. McQuade stated Stevens Estate has no Io .g r any capacity for Metro PCS to
collocate there.
5 Mr. Gordon is concerned about this process at Town Meeting, he thinks the Town should
6 be looking at ways to work with people. Property values were brought up tonight - then
7 provide appraisals, the PB might want to look into this, what will be the impact on real
8 estate? Town should be seeking advice on this issue keep nagging at.PB and BOS that
could be resolved if everyone gets on same trach.. Cell Tower Committee was organized
o to look at this issue and.nothing carne out of it. Nothing coning out of present
I I committee` Someone needs to take charge to address this thru a vehicle and the PB in
1.2 conjunction w oS should cone up with something that can or can't happen regarding
13 these cell tower committees.
14
1 Bill Gordon, 25 Garden St,, te at s Metro ��` fir. lerree stated they have locations in
16 Dallas, New York, Georgia, etc. its second largest carrier, Mr* Pierre explained the
17 coverage snap again. Does Town want another tower there; Mr. McQuade stated the
8 Stevens Estate has no capacity, Town is looking for collocation on existing structure
19 Town is not looking for new towers. Mr. Gordon stated it would be a good thing to
20 investigate why Metro PCS is taking easy way out and its gong to have a greater impact
21 on the Town if they put cell antennas in the Church. Bylaw regarding residential setback
22 how many feet? Church doesn't Tet setback issues` it's pre-existing non.conforming.
23 Mr. Gordon submitted mitten lawyers opinion to Judy for the record tonight. 50 children
24 fi-t this . -Ig or iood living ire this area. and Ewing within Soo I t o this cell tower.
25 Abutters list is incomplete. Raised hea.1th as issue because of cell tower's interpretation
26 of the wording he knows of 100 signature petition who are not in favor of this
27 application.
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29 Thea Foumier, 247 Main St., Town has a right to site where antennas and cell towers will
30 be placed, and can't prohibit cell tower corning into this Town. Documentation from
l realtors indicates here is 10 to 3 o percent'in devaluation of property value once tower
32 goes into ef'f'ect. Mix up of interpretation of bylaw, two churches turned down antennas.
33 Mass Ave. church passed thru Building Inspector saying it was pre-existing, his
34 comments are illegal. Please note that Ms Fournier's farther comments were not aud' le.
35
6 Chair asked Thea to put this in writing, give this to us now or later`? Thea stated 600 Feet
7 setback should.be required, whether it be a church or not.
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39 Chair said put this in writing and weIl have attomey review it. Gerry Brown has
40 authority to make a determination, which was not appealed. Chair advised Thea to make
41 the argument in meting and have an attorney do it for her. Thea thinks s this is a legal
2 issue.
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44 Liz Fennessy, 77 Elm. St., submitted a letter to Judy, if abutters were not properly notified
45 what is rotocall` Judy presented a certified abutters list which was certified by the
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December 2. 2008
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I Assessor and dated 200 8. Judy also had the packet of certified mail receipts stamped by
2 U.S. Postal services as proof that certified rail was seat to each abutter on the abutters
3 'list.
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5 Ms Tonnes y feels bylaw is subject to interpretation and doesn't understand the Coo feet
6 setback. Should this go to ,SBA for review? Chair stated he will go to the Bui.1dirr
Inspector and ask for interpretation of Bylaw and if anybody disagrees with this they can
appeal it. Ms Fennessy feels a new tower should.be built at Stevens Estate for the Town
to get the revenue instead of collocating it at Elm Street steeple. She warts to know
10 about the December neighborhoodmeeting? She only heard about it a week ago.
2 Diana Warred, Wayland, Mass, stated a letter of authorization signed by the church but
3 no lease agrement was submitted` There is no binding contract et` Chair stated by the
14 time 'B makes their decision then that would be able to take place. Ms Warren stated
15 that Town Counsel's analysis is a slanted view from *Town Counsel who works for BOA
16 she urged 'B to hire their own counsel. Chair asked for this lir vm'ting. She said.she
17 will. You need to know coverage of all other carriers lir the Boston area to make a
s deter ninatlorr. Becton. 704 no municipal can inhibit communication services. FCC 65108
19 it's on docket to close loophole, if there are carriers In area that provide service then
20 communication services is being provided, so you don't have to approve Metro PCS their,
21
22 MW asked about prohibiting decimations f. om one carrier to another.? Ms Warren read
23 Dr. Hayes report and found it inaccurate and incomplete. Chair asked if she is willing to s
4 sum RL all of this n writing. She said she will. sh
, e said this is not a co-location site.
25 Coverage raps give a false impression, but you didn't get complete documentation. She
26 said they aren't showing a large e oug area homer far do you go before you hit another
27 Metro PCS facility. She said citizens have to provide reports, lawyers, professionals, but
28 case law indicates under TCA indicating this is not the case. She urged PB to hire their
29 own counsel. Chair asked.who would.pay for it
30
31 Chris Lathrop, 27 Churg. St. stated confirm that the smoke stack was not commercially
32 feasible? Wants to see receiving signals on aria . He wants copy of Dr. Hayes report.
33 Mr. McQuade stated that the smoke stack structural analysis was not available because
34 the owner had no interest in leasing to Metro PCS. Mr. Pierre did a stud.y of the gap
35 coverage, but those alternative sites were not available, he showed them on the ma
36 were they were. Chair wants Mr. Pierre to do more due diligence, and look at Stevens
37 .estate to see if there is any appetite to expand it there.
3s
39 Loretta Wentworth, 15 Pleasant St. real estate agent, stated the average consumer today is
40 aware and concerned about health issues, consumer walks away if there is gas brie or
41 power line, what is the monitory value to the church? Carr stated they are under n
42 monitory obligat'on it's a rivate legal matter. Ms Went orth stated t ,is i a bi issue
3 and will affect property values.
44
Eric,Asvestas, 36 'mater St,. has 4 children and if this goes thru the whole neighborhood
46 will move he doesn't want this in the neighborhood.
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B Minutes of the Meeting
December 2, 2008
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2 Diana.Warrant stated.the FCC will not look to Protect that their standards are beim
3 followed in North Andover. Donald Hayes report has very little technical information.
She will provide actual reports and PB should ask Metro PCS to provide all of this
5 infonnation. Chair stated we have hired a consultant to handle this. PB should ash.Metro
6 PCS to Provide technical information, , c required on a State standard..level so that
7 Mr, Hutchings will have this information to assess the veracity. Random testing should
e done on a random iasis by independent engineer.
9
10 Chair thanked everybody for the civil tone of this discussion hick makes for a better
I I process; PB Is looking for solid verf la re input. Chair announced that the PB will have
2 to meet again on January 6, 200 9. PB will not be meeting on December er 16"' as we won't
13 have the sufficient number of PB members in order to do so. Chair asked Ms Warren i
14 you need to provide inforr ation please see Jude.
15
16 Atter. Karen Sirn o stated that PCS has license by PCC they are charged by FCC to build
7 out their network for coverage sites and NOT capacity sites. Stevens Estate is not a.
18 commercially available site, no more root . there, it is not available and no R.FP was
19 issued and that makes it not available. She obtained a certified abutters list from the
20 Assessor's office', but, Metro PCS would not have gone the that list and decided who
not
21 to send a legal notice to and stated that Ms Warren is a lobbyist. Metro PCS can o
nly
22 Provide information in compliance v/existing bylaw and she knows Town wants
23 a .ditiona.l inform ation but for future decisions Metro PCS wit comply with whatever
_ the
I �����.�.� ��..� ,�� � � � , , �� .� ager
_r to do, IVIV-ro PCS has gore to meet au e requests.
25 any additional information for the Dec. 1 5 r eetirig
26
27 MW asked who is competition in this area and what is the coverage? Submit coverage
e
28 from other earners in this area. How much RF homework was done on other sites`
2
o Thea asked why StevensEstate would not be available to build a tower. Metro PCS
Pit
31 this i n'ting. air will ask if there is any aP itite on the art o the Town to do this i
. P
32 it is limited to one site there?
33
34 Ms Women stated she is not lobbying she goes to D.C. to educate and informs. and
35 illustrate fact that petition is before the PCC that carries under section 7204 - trim
6 communications services are being Provided. Time is 9:50 pm.
37
38 Chair asked Judy to cheek nor Ur~bells on this stuff, Ms Women needs to submit her
39 arg .inert in writing when she criticized.Atty. Uri e ls.
o
41 IMPROMPTU DISCUSSION:
2 Chair discussed that National gid wants to take down trees but some trees do not need to
3 be cut down,put public pressue or e-mail Mark Rees. If more
o ie are opposed it will
44 tighten P.
P
45
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PB Minutes of the Meeting
December 2, 2008
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I Motion to ad oum by RR, 2nd by Mev, vote was unanimous meeting adjoumed at
2 approximately 1 :15 PM.
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5 APPROVE MINUTES of THE MEETING:
November 18, 2008 Will have to wait until January.r , 2009 PB meeting to approve.
PLANNING BOARD MEETINGS.
December 16, 2008
10' January , 200
11 January 20, 200
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26 By order of the Planning Board
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29 Approved
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PB Minutes of the Meeting
December 2, 2008