HomeMy WebLinkAboutPlanning Board Meeting Minutes 05.04.10
Edited 5/14/2010 -
PLANNING BOARD
Minutes of the Meeting
Tuesday, May 4, 2010
Town Hall, 120 Main Street
Top floor conference room
7:00 PM
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Members present: John Simons, Chairman
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Richard Rowen, regular member
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Timothy Seibert, regular member
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Michael Walsh, regular member
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Courtney LaVolpicelo, regular member
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Michael Colantoni, alternate member
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Staff present: Judy Tymon, Town Planner
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Mary Ippolito, Recording Secretary
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Chair called the meeting to order at approximately 7:10 pm.
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Chair called for DISCUSSION:
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Redgate Subdivision: Salem Street, Dean Chongris - drainage issue.
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Judy: We just got the plan today, and a contract was signed w/Mr. Osgood and Mr. Chongris, PB
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will read the plan now.
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Mr. Osgood: works for Pennoni Associates, signed the contract today, did a site inspection today.
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Detention pond is in the same state as last year, it’s working, full of cat tales, water is going
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down and it’s reasonably empty now, needs to be cleaned. Sediment at 4 bay has been
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maintained and clean and it’s dry. Lot #1 is where water is leaving swale and water running on
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Cyr property at 835 Salem Street - built berm behind trees, extended swale into woods so all
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water is intercepted and will not run into Mr. Cyr’s property but will run into detention pond.
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RR: did the planting of trees mess up the design? Mr. Osgood; recent change is acceptable and
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will still work. New trees were planted beyond swale. Reseeded area and fertilized, put jute
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matting in swale.
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Judy: observed the site and water was flowing thru stone wall and upward it was coming out in
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two different spots.
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Mr. Osgood; will monitor the project every week.
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RR: the contract you signed is it for you to be environmental monitor? Mr. Osgood, yes, and to
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provide a report to PB within 48 hours. Mr. Osgood; will put on slope mix this week and
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w/clover will hold that hill.
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Judy; on lot #4 looks like erosion of swale? Mr. Osgood; the swale needs stabilization and
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maintenance - some siltation in there, just needs to be cleaned out. Roadway has eroded along
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edge of pavement. Mr. Osgood; done swale on lot #1, lot #3 needs to come up w/plan to fix
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swale. Roadway is in good shape, will put granite curb in for the whole road.
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Simons is here at 7:40 pm.
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Chair: submit a schedule to Judy. Mr. Osgood will do a detailed schedule between now and next
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PB meeting. Set up a site visit w/Judy and abutters before thenext PBmeeting.
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MW: is water draining into abutting property? Mr. Osgood: yes, a portion. MW: if abutters
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don’t like what Mr. Osgood is proposing it could be a long process. MW: work it out and make
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repairs to correct problems -which are causing abutters problems -and make the subdivision
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work as acceptable to people living there and make subdivision work as designed.
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PB is holding bond to make sure this gets done right; it’s the developer’s responsibility to fix it.
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Mike Ruhland, 855 Salem Street, direct abutter – extend the French drain.
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RR: pond was designed to pick up drainage of all 4 lots. Mr. Osgood; pond was designed with
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stone infiltrator in bottom, calculated what water would come out of ground, submitted a plan
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(for the record).
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Goran Bringert, abutter, 817 Salem Street – heard more words tonight, has difficulty getting a
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picture in his head to be in sink w/engineers head. Wants to get drawings that show in detail
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what has to be done. RR: that’s reasonable. RR: get property and drainage system back to what
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it should have been originally create as-built that works.
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Mr. Bringert, was there at 3:30pm today and French drain above lot #3 seeps water along French
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drain – he sank into 2 to 3 inches of mud.
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Matt Levis, 835 Salem Street; the French drain installed was not on original plans? Mr. Osgood;
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there was a combination of sub-drains and swales in those areas. Mr. Osgood; will give the plan
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to Judy so she can get it to Gene Willis, contact abutters and meet w/everyone. Mr. Osgood;
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there was no maintenance requirements/agreements in 1992 when subdivision firstcame.
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RR: when Town accepts the road it would maintain the road.
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Chair called for DISCUSSION:
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Berry Street Investments, LLC.; Margaret Fiore, Trustee. 16 Berry Street –
Construction of
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a definitive subdivision consisting of 14 new dwellings on a cul-de-sac/dead-endroad. Judy:
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had TRC meeting for applicant to get input. Lot #14 driveway would require waiver from
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Con/Com it’s within 50foot buffer. It’s in floodplain, applicant talked to FEMA about maps to
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show as a hazard area. Lot #13 cuts thru middle of open space.
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Calvin Goldsmith, Vice President, GPR Civil & Structural Engineering, 39 Main Street, Suite
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301, Ayer, MA; Mrs. Fiore (applicant) needs to sell this property, no flooding beyond the limit
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of flood hazard area. It’s within national heritage endangered species habitat, talked to
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Conservation agent and her reaction is positive and asked that whole area be untouched
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(Blanding turtles). Cemetery located near (7500 s.f. parcel) and it has historical value, in their
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deed it talks about preservation of cemetery. Egg masses found it’s a vernal pool and flagged it -
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there is 75 foot buffer from vernal pool. New sewer line will run on property. Will have to
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repave street.
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Chair: are you filing preliminary subdivision application? Yes. Owners want to file ANR
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application also; the lots there are 25k+ s.f. lots.
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Chair; open space area has been filled over the years, family is happy to see the riding academy
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preserved in the open space area. Chair; two back lots look awkward, you get frontage from one
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road but access it from another? Applicant looked at PRD application but frontage is a problem.
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CL: lot #7 and# 8, houses look close to where end of cul-de-sac is being proposed, would be
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helpful if you located them on your plan for visual aid so that what you are proposing isn’t going
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to be too close to their back yard.
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Leave the paper street the way it is.
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Plse note; Michael Walsh recused himself from 300 Chestnut Street and 203 Turnpike
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Street.
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Chair called for CONTINEUD PUBLIC HEARING:
Clear Wireless LLC, is requesting
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a Special Permit for the following premises.
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Judy: noise report reduced to below 50 to 47 decibel to meet requirements of Bylaw, got letter
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from Building Inspector regarding setback requirements and pre-existing structure (read into
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record).
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Heather Carlisle, Representative for Goodman Networks on behalf of Clear Wireless, noise level
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will be under 50 decibel reading, noise level is below allowed level they will erect a 3 sided
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fence to decrease noise - Judy; see table 5 page #3. MC: correction, fence will be 10 feet high.
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Steve Tryder; 386 Chestnut St., put up a map of North Andover…Mr. Tryder; why has MW
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recused himself? Chair; his wife works for a cable company doesn’t want a hint of
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inappropriateness. ..CL; relative to Clear-channel- his wife has a business relationship with them.
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Mr. Tryder; is Building Inspector the one who makes decision regarding how you administer the
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Bylaw? Chair; he’s the Zoning Enforcement Officer. He’s not part of decision making authority
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on the PB.
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Mr. Tryder: why isn’t Building Inspector here? Chair; because he sent a letter.
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RR: there is one specific ruling he made as Zoning Enforcement Officer, it’s whether or not this
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installation should go to the ZBA for a variance. He made a ruling as Bldg. Inspector that it did
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not have to go to ZBA because it’s on existing structure - then it’s a normal application for a
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Special Permit. Mr. Tryder; why did previous Building Inspector have a different interpretation
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of the same bylaw that required a variance from Sprint and Cingular? Chair; that may be true but
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it’s moot, because this is the application that we have in front of us now.
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Mr. Tryder; interpretation of law depends on who is Building Inspector? Chair; this current
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Building Inspector interpreted the law.
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Mr. Tryder; the Building Inspector said minimum setback of 600 feet whether attached to new or
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existing structure etc. - when there are two interpretations the more specific in court is what
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you’re supposed to follow etc.
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Chair; we went to court on exactly this issue, court was emphatic on this issue in supporting PB
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and PB was compelled to issue the permit etc. Mr. Tryder; that case had to do with an antenna
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on the steeple, it’s not up to PB to make that distinction and it’s based on Building Inspector
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telling you it’s the way it has to be interpreted.
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Mr. Leate; RF engineer for Clear Wireless, T. Mobile is located on the map, several installations
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are on that site.
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time is 8:45 pm
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Mr. Tryder: you can’t show him where the antennas are on the list of recorded antennas? Judy:
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there are recorded antennas on 203 Turnpike Street.Mr. Tryder: pointed to a spot on the map.
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Chair: demonstrated place on Turnpike Street that will cover certain areas, place on Chestnut
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Street will cover such and such an area they have room for future capabilities such as Boston Hill
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etc. Mr. Tryder: how far out does signal extend from antennas? Mr. Leate, RF engineer, 140
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feet on existing structure.
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RR: what is the point you are driving at? Mr. Tryder; how far out does the signal extend form
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the antenna? RR; it goes forever you need certain power level in order to get a signal.
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Engineer: the map shows the coverage. Engineer: coverage map is up to a mile or quarter of
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mile….Mr. Tryder; how far from Chestnut Street to Marbleridge Road? RR: roads show on that
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map you can get a feel from that. RR: that has nothing to do with this and it doesn’t matter. Mr.
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Tryder; they chose to go right in the middle of a densely populated residential neighborhood. Mr.
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Tryder; look at another site other than the Chestnut Street tower. How many antennas can
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Chestnut Street hold on that tower? Why couldn’t it go on Boston Hill? Map produced by PD is
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dated 2/16/2010 things are missing on map. Pointed to color coding sites on maps, consider
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having them look at another site that isn’t in the middle of a residential neighborhood, Chestnut
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St. tower is loaded with stuff.
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Mr. Tryder; could tower have potential to fall by putting more stuff on it? Site hasn’t been
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examined physically. Mr. Tryder; read engineering structural integrity analysis report …..in
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conclusion this is not a condition assessment of Tower and its foundations….etc. the report was
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submitted by SBA Network Services….
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Judy: read report on page 3 … Judy; with current loading and proposed conditions of Clear
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Wireless the Tower at 144 feet and 140 feet - the tower meets requirements and currently meets
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the standards of Anti Standard TIA/222/G standards and foundations should have the necessary
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capacity to support loading of towers, as per Sterling Engineering Modifications drawings.
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Chair; we have a professional engineer who’s reputation and livelihood depends on honest
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testimony - do you have credible evidence confirming that what that person said was not
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accurate? Mr. Tryder: read excerpt from report …..etc. wants information checked. Mr. Tryder:
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doesn’t trust anyone who doesn’t do a live examination.
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Judy: had conversation w/several tower companies, and told her they do comply w/this Anti
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Standard for a tower of this type and they do structural inspections when new equipment is
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added.
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Mr. Tryder; don’t know maximum amount of antennas on this tower? RR: these will not put it
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past its structural limit. Mr. Tryder; signal will go out a mile? - Coverage maps don’t show how
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far the signal goes out? Pointed out 24 possible locations on map and doesn’t include Weir Hill.
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RR: There is no obligation on the part of applicant to do that.
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Mr. Tryder; does this have effect on property values?
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RR; you’re not bringing up any points that are germane to this application. RR: you bought your
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house after the tower was already there.
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Chair: will entertain a motion to close each SP separately and to close the public hearing on
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them.
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300 Chestnut Street
, Special Permit for installation of a wireless service facility consisting of
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six antennas and one equipment cabinet
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Motion by TS, 2 by RR to close public hearing, vote was unanimous. MW recused
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himself
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203 Turnpike Street,
Special Permit for installation of wireless service facility consisting of
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four antennas and one equipment cabinet
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Motion by TS, 2 by RR to close public hearing, vote was unanimous. MW recused
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himself.
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Judy: Mr. Tryder can come to the Planning Department office tomorrow.
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Mr. Tryder; made a remark! Chair; Mr. Tryder is out of order and it’s unprofessional. You
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disgrace yourself - and you’re wasting our time - you’re acting like a fool.
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Chair called for Article 4. Authorization to Accept Grants of Easements.
To see if
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the Town will vote to authorize the Board of Selectmen and the School Committee to accept
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grants of easements for access, water, drainage, sewer, roadway and utility purposes on terms
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and conditions the Board and Committee deem in the best interest of the Town;
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Or to take any other action relative thereto. Board of Selectman
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Motion for favorable recommendation by MW, 2 by TS, vote was unanimous.
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Favorable . Unfavorable
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Chair called for DISCUSSION:
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TS; talk about the upcoming meeting this Thursday. MW: go over it so he knows expectations
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by PB. Judy: Moderator (Charlie Salisbury) wants to know who will be giving presentations,
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who will make motions. Several articles particularly zoning articles put forth by the Building
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Inspector - Gerry Brown. Curt will speak to those motions. This meeting will take place this
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Thursday. Chair; wireless article will take the time and Atty. Urbelis will do that one. Then
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maybe some discussion on drive-thru thing but that’s a side thing other than that there is nothing
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that PB will do presentations for.
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MINUTES:
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April 20, 2010
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Motion by TS to approve “Minutes” for April 20th as written, 2 by RR, vote was
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unanimous.
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Mr. Tryder requested ANOTHER DISCUSSION
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Mr. Tryder: see T Mobile on Johnson Street - SP decision was originally granted on Oct. 25
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2006. There is no document of such nature that exists.
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Judy: there was a typo on that decision regarding that date - it was corrected and taken to the
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Town Clerk’s office and time stamped. MW: if you call Judy for the exact date she will provide
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it to you. Mr. Tryder; it’s a big mistake; this permit is for nine antennas? How many antennas
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were approved? Chair; that was a completed hearing, if you object to a decision then you know
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what your legal recourse is. Chair; if you think those things merit review then you know your
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recourse.
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Motion to adjourn by RR, 2 by TS, vote was unanimous, meeting adjourned at approximately
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9:30 pm
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By order of the Planning Board
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________________________________
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Approved
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Please note: the Planning Board reserves the right to take items out of order and to discuss
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and/or vote on items that are not listed on the agenda.
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May 4, 2010 Minutes – Planning Board