HomeMy WebLinkAbout2017-10-17 Planning Board Minutes 11- 7- 17
"own of North Andover
PLANNING BOARD)
John Simons, Chairman �. Hitan Goldberg
Peter Boynton
Aaron Preston
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Jennifer Luz
Christine Allen,Associate
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Tuesday October 17 2017 7 .m. 120 Merin Street Town Hall NorthAndover, MA 01845 1
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2 Present: J. Simons,P.Boynton, J.Luz, E. Goldberg,A. Preston, C. Allen
3 Absent:.
4 Staff Present: J. Enright, B. Wolstromer
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6 J. Simons, Chairman: The Planning Board meeting for Tuesday, October 17, 2017 was called to order at 7 p.m.
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8 PUBLIC HEARINGS
9 CONTINUED PUBLIC HEARING: 122 Foster Street North Andover Varsity Wireless Briars Grossman:
10 Application for Wireless Facilities Special Permit_Site flan Review under sections 8.9 and 8.3, 1.0.3 and 10.31 of the North
11 Andover Zoning Bylaw. Applicant proposes to construct, operate and maintain a 130 foot monopole tower(135 feet to top of
12 faux branches)with supporting equipment located in the Residential 1 (R-1)Zone.
13 J.Enright: The applicant has requested a continuance until the November 7 meeting.The applicant did ask if he needed to
14 attend and I advised him that I would submit the request for him and that the Board typically accepts the continuance request
15 and does not hear evidence. The applicant is not here tonight and in his letter requested that the continuance be granted
16 without the need for its representatives to attend the Oct. 17 meeting,
17 J. Simons: Typically,when we get a request for continuance we don't entertain a discussion on the subject.However,there
18 are many abutters here this evening.
19 Board: Agreed that since the residents are in attendance there was an obligation to hear from the;however, it was
20 communicated that technical questions would not be answered until the applicant was in attendance.
21 Lisa Roberts 31 Bridges Lane:Expressed concern that she was not notified of the past hearings and has only recently heard
22 about this project. Offered an alternative locations and would like to know if other locations were pursued.
23 E.Goldberg: One neighbor,the applicant and engineer attended the meetings. These topics were discussed and the applicant
24 needs to address this for you.
25 J.Enright: Planning Board meeting information is available online.The agenda links to various materials provided to the
26 Board members and you can watch the meetings on the NACAM website. The hard copy project file can be reviewed in the
27 Planning Department during office hours. The certified abutters list is comprised of abutters to abutters within 300' of the
28property.
29 Kenneth Lindauer 160 Foster Street:Expressed concerned that notice was not received although lie is a direct abutter.felt the
30 process should start over and/or the petition should be dismissed.Asked if the application,photos,etc. were available.
31 BOARD: Described how to access all of the information online and in the Planning Department.
32 Meg Amuan,212 Foster Street:What is your standard for allowing a variance?What roadblocks does this committee have?
33 Are you aware of the Town hosting a tower on town land? Suggested that there are better alternatives if you examine other
34 site;the high tension power lines area for example which is zoned for utilities. Communicated that she is very against this
35project and very angry she wasn't notified. Lives 900 feet away and this would be within sight of her property.
36 J. Simons: We administer a Special Permit allowing the use. We specify requirements the applicant needs to meet,setbacks,
37 fall zones,etc. They have to go to the ZBA to get relief first because they don't comply with the zoning. We cannot approve t
38 anything unless they grant variances and relief. Zoning comes first;we review the information based on appropriateness. We
39 can't make a decision on the health issues.
40 P.Bo nom: The rules we follow exist in the zoning bylaw on the town web page, Section 8.9 Wireless Service facilities
41 which lists the criteria we have to fallow.
42 Elaine Finbury, 160 Foster Street:My property and Mir. Young's property share 61A land, an agricultural classification.
43 Annually, we file our 6 1 A certificate preserving this cultural landscape. I've collaborated with Mr.Young for 25 years;we are
44 active farmers; we pasture sheep,cows,raise bees, chickens,and grow fruits and vegetables. What's very unique about this
45 property is that it was one of the original fauns in North Andover-Foster Farm and it has a continued agricultural use. Our
46 home was built in 1790.The Foster Farm property must have meant something to the community when Mr.Foster died
47 because the community scheduled an election to purchase FosterFarm,There's a lovely soccer field there now and trails for
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I
Town of North Andover
PLANNING BOARD
John Simons, Chairman • Eitrrn Goldberg
Peter Boynton Aaron Preston
Jennifer Litz
°" frrr • Christine Alen,Associate
Tuesday October 17, 2t717(r� 7 p.nz. 1211 Main Street Town Hall,.North Andover,__MA 171845
48 the community to enjoy on this incredible historic landscape.Expressed that she believes there has to be other places for cell
49 towers. Communicated that she felt that this Board which governs land use should value the pursuit of protecting this land
50 above and beyond almost anything.
51 J. Simons: If that property has an agricultural use and they haven't said they want to get out under 6IA. This needs to be
52 looked into.
53 Robert Chase 31 Vest Wa I am empathetic to those who are not in full agreement to the location of the cell tower(and
54 offered an alternative location of the transmission lines). The transmission lines are in my back yard;there is a natural gas
55 pipe line immediately adjacent to those transmission lines as well as a power substation located there. There is a safety factor
56 to consider if this location were to be considered. We are living with those emissions from the lines as well.
57 Robert&Kinn.Tones 643 So Bradford Street: Expressed that she is an avid hiker and hikes poster Farm. Stated that there are
58 very few places left in Forth Andover that have this kind of natural beauty;it would be a real shame to place this here.How
59 did this come about;did the applicant seek you out or did the Town determine this location?This is a lucrative arrangement--
60 is the financial benefit to the applicant public information in the documents?If a tower is to be erected the Town should be
61 making the money v. the abutter.A great deal of money is paid to these people. I heard Foster Farm was set aside for a
62 possible elementary school location and I wondered if this tower would be erected nearby a future school location.
63 J. Simons: The applicant seeks us out with a proposal. We would not have access to financial arrangements.
64 E. Goldberg:That is a private transaction with a lease agreement with the property owner.
65 C. Allen:The school proposal was a really long time ago.That plan may have been abandoned,we don't know.
66 Mark Johnson,440 Foster Street,: I heard about his today;as far as the ZBA goes do we have any input?
67 J.Enright: The ZBA opened their hearing this past Tuesday.
68 E. Goldberg:There is a site visit scheduled for October 22,2017,without public comment.After that there will be a
69 subsequent public hearing.
70 M. Johnson: Is there a tax base on this the Town will benefit from?This is residential property turned into commercial
71 property.As an environmental consultant,I know what the health effects are associated with this. When I bought in 2004,1
72 sought out my property because it was so pristine.I am 100%against this and I will fight for this not to happen.Have they
73 provers to you that they need this location for cell coverage because there's another one being proposed in Boxford?I'm
74 familial-with the process.
75 J. Simons: The Town receives tax benefits;the applicant has provided technical information,
76 P. Bio nt_on: We asked they study different types of antennae designs so we could assess alternatives.
77 M. Johnson: Stated that cell towers normally reduce your property values by 8-10°la which results in a reduced tax base and
78 that he currently pays over$8K in taxes annually.
79 Pam Rivet,67 Foster Street: Was surprised that she was not notified.Upset and thankful to my neighbors for the notifying
80 her. Stated she knows the rental rates on these towers and the amount vendors get;minimum$2K per month per vendor.
81 Biggest concern is depreciating property values. Will look straight onto this cell tower from her property.
82 E, Finbury: On the list of the Founding Fathers the Foster name is prominently displayed. Requested that as the keepers of
83 laird use in this community,the Board to think long and hard about the legacy the Fosters have given this Town, Expressed
84 that we are a great inland town and an agricultural community;this is a really sacred place.And that as citizens of this
85 community,we have the responsibility to care about the last special places we have.Asked that this.Board look beyond the
86 regulatory requirements: 8 unbelievable zoning variances,600 yards of setbacks;enormous concessions and in an
87 agriculturally protected,residential area.
88 J. Enriglst: Our next meeting is November 7,2017,
89 Justin Owens 193 Foster Street: Is there a home value impact assessment as part of this process?Big cell towers are
90 obsolete.There are individual devices that broadcast a cell signal via your Wifi and anyone with those services can pick up
91 signals.
92 J. Simons:No,there is none;indirectly,we balance the impacts of this project.
93 Robert Jones 643 So Bradford Street: Opposed to this tower for many reasons.The next Zoning Board meeting is November
94 14,2017,which is after next Planning Board meeting. What will happen at your next meeting if you are still waiting for them
95 to rule?Can we count on the applicant being here?Explained that for 7 years Ise has had AT&T Pico cell in his home. This
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Town of North Andover
PLANNING BOAKD
i
John Simons, Chairman Eitan Goldberg
Peter B'oyntorr, Armon Preston
"°";%X11 Christine Allen
Jennifer Luz ,Associate
TuesdaE October 17 2017 7 .m. 120 Main Street Town Hall North Andover MA 01845
96 routes the phone signal through the internet; it isn't perfect,but it's a viable alternative.He is an electrical engineer that
97 knows 5G service is coming and it requires smaller antennas.Expressed that he has lived here since 2008, loves the rural
98 nature of town,volunteers for FONAT, and that it would be horrible to ruin the view.
99 J. Simons: Thanked the residents for attending encouraging them to contact the]Planning Department for resources and to
100 attend meetings.
101 [Continued to the November 7 2017 Planning Board Meeting]
102
103 NEW PUBLIC HE,ARI1VG: 1679 Osgood Street Chad Lawlor:Application for a Site Plan Review Special Permit
104 under sections 8.3, 10.3, 10.31 and 16 of the North Andover Coning Bylaw, The Applicant proposes to allow a contractor's
105 yard and outside storage of landscape products and landscape/contractors equipment located within the Corridor Development
106 District 3 (CDD3)Coning District.
107 J.Enright: The applicant is before you to request a.CDD3 Special Permit for the use of a contractor's yard that includes
108 outdoor storage of material. The applicant has requested a waiver of stormwater report;there are no activities proposed.
119 within 100 ft, of a wetland,no impervious area is proposed,no buildings are proposed,no changes in grading or topography
110 are proposed.He has also requested waivers of building location,and building elevation and traffic impact study.Department
111 reviews have been conducted;NAFD visited the site and currently has access through the property, if they maintain this
11.2 access through the property and maintain all flammable an combustible:storage in compliance with NFPA 30 they have no
113 issue with the permit for a contractor yard; should this proceed to a decision we should consider scheduling a drive-through
114 with all the equipment in the rear yard. The Building Commissioner submitted comments regarding parking,DPW has no
1.15 concerns;BOH needs a passing Title 5 inspection and the new proposed use must be within the existing system's capacity or
1.16 they will have to expand their system. I provided you with a copy of the CDD3 bylaw with regard to design standards and.
117 criteria for outdoor storage.
118 Steve Stapinski,Merrimack Engineering: Presented the existing conditions plan and the proposed Site Plan.No new buildings
11.9 or storm drainage are proposed.We will specify where the 17 contractor's vehicles will be located.The driveway is partly
120 paved and gravel.Topographically,there is a 12 ft. drop where the equipment is to be stored. 142 ft. of evergreens, 6 ft.high
121 will be planted as a buffer to the residential use behind.The Building Inspector asked we include a post sign for the
122 designated areas for residential parking,repave the recent trench area, and pave another minor area.No additional site lighting
123 is proposed.Noise generation is primarily from trucks.
124 Diane Pessinis 64 Stanton WW. Concerned about day and night truck noise and security lighting.
125 Chris Balduino, 50 Stanton Wav: Concerned about vehicle noise and lighting;particularly before 6 a.m. and during the winter
126 months.
127 Joseph Ruotolo,65 Stanton Way: Echoed comments of the other abutters. 'Stated that trees were previously removed from the
1.28 slope and that more trees should be located on the property line.Asked if there was a restriction on the hours of operation.
129 J. Simons: 'Suggested that it would be a good idea for the applicant to schedule a meeting with the neighbors to discuss these
130 issues.
131 Tyler Munroe, 1659 Osgood Street:This area was Industrial S years ago.Expressed that his use has been grandfathered and
132 that there are three landscapers located here and he is probably the biggest offender of lights and noise.The houses in the
133 subdivision are so close because they took a piece of the commercial land for the Stanton Way subdivision.
134 D.Pessinis, 64 Stanton Way: Objected to the `grandfathered in' comment. Lights,trucks and traffic are annoying to the f
135 neighbors.
136 Roger Sheldon, 51 Stanton Way: Reiterated comments; displeasure with noise,operating hours, etc.
137 [Continued to the November 7, 2017 Planning Board Meeting]
138
139 DISCUSSIONS
140 1600 Osgood Street.hooks Johnston: Medical Mariivana Overlay District/Massachusetts Innovation Works
141 J.Enright.,No new material has been submitted for this project.Agenda item was carries)in the event the Board had any
142 remaining questions for the proponents,
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Town of North Andover
PLANNING BOARD
John Simons, Chairman Eitran Goldberg
Peter BoyntonAurora Preston
Jennifer Luz
Christine Allen,Associate
Tuesday October 17 2017 7 p.m. 120.Hain Street Torun Hall North An clover MA 01845
144 Framework for Recreational/Commercial Marijuana.Zoning Bylaw:
145 J. Simons: 'There was a robust discussion on this topic at the Board of Selectmen(BOS)meeting last night.
146 Chris Nobile,BOS: We appreciate the opportunity to have an open discussion upon what the decision is based on,what the
147 criteria are and the impacts of that decision,and it is important we work in concert with the Planning Board so that your
148 efforts are consistent with the vision. We identified one area of universal agreement and are looking for more understanding
1.49 on other categories. While MA Innovation'Works can be an outcome of the decision;that is not what our process is based on.
150 We are providing the framework so the Town can decide how we want to administer it and where;we hope to draw a more
151 definitive basis at our next meeting.
152 S. Egan:The first issue is identifying what type of marijuana establishments that will be allowed under the zoning bylaw?
153 Although there was no vote at the BOS meeting, it sounds like the retail use would be prohibited as a general bylaw. The
154 framework presented lists of the uses allowed and then we methodically look at which ones we want and don't want.
155 C. Allen:The BOS may say"yes"or"no"to the 5 uses;that goes into a bylaw and goes before Town.Meeting. Can.Town
156 Meeting reject that and say we"want"retail?
157 Soman:`]'here's the general bylaw and the zoning bylaw;the Planning Board's task is to draft a proposed zoning bylaw with
158 public input at public hearings which is then placed on a town warrant article and voted at Town Meeting.. Then there's a
159 general bylaw,the Selectmen consider for the warrant.The Planning Board is the gatekeeper as to whether or not a marijuana
160 bylaw proposed at this Town Meeting will be of a different character than the one that was presented at the last Town
161 Meeting.
162 J. Simons: Let's say we decide to eliminate retail use completely; I don't think we can add it back in at Town Meeting. I don't
163 believe you can legitimately add back a use on the floor; it wouldn't be advertised properly,
164 BOARD: Deliberated over limiting certain uses and how to effectively do that to avoid conflicting bylaws.
165 Soman: If it's a determination,I suggest to call it out concisely and place it in your bylaw; i.e. a certain use is not allowed in
166 any zoning district in NA;a Table of Allowed Uses can clarify this. We have the moratorium in place,once it expires and you
167 don't have anything in place that regulates or prohibits,then you look to see if the use falls into a general category.
168 E. Goldberg:Reviewed his comments provided the draft bylaw framework for Section 11.14.From a land use perspective,we
169 need to present a comprehensive bylaw that outlines where establishments are appropriate; our bylaw is looking really good,
170 we haven't been focusing just on the Osgood project.
171 J.Luz: I lean toward separating the retail aspect from the Overlay District,
172 J Simons: From a public policy point of view,I like narrowing all the uses and restrict them to a very specific area. If you
173 don't restrict retail,it could occur in any commercial district.
174 E. Goldberg: I agree to restrict retail sales to certain areas;the task is identifying where those are.
175 A. Preston: We don't limit convenience stores,pharmacies or tobacco stores;there is a mechanism to restrict the number to a
176 certain percentage of package stores in town.
177 Soman: You can implement the provision in the state law which is the 500 ft. setback you can also break the Overlay District
178 into several areas.
179 P.Boynton: Recreational retail is not medical retail. We spent a lot of time looking at cultivation/processing and only recently
180 discussed retail. I'm not sure what the criteria is for recreational retail,particularly as it relates to our national drug addiction
181 crisis. One element of recreational retail is public health;l would be interested to hear from the BOI-I regarding recreational
182 use.I would Eike to get their perspective as to other issues that should be considered
183 J.Enright: I will talk with the Board of Health Director.
184 D.Leal Addressed access and building security. Confirmed that to access the building will limited via a biometric scanner;
185 workers with background checks,there will be security guards;no public access.
186 H. Johnston: Regarding the public health issue;our main objective is medical research; strictly studying cannabis.
187 P.Bolton: Is the bulk of the million sq.ft.of cultivation intended for medical research and is that what the market bears or is
188 a substantial portion intended for recreational?
189 F.I. Johnston: That's a valid point;initially,wholesaling of the recreational is the primary funding for the research and medical
190 facility;in the future, I'm unsure.
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Town of North.Andover
PLANNING BOAR
John Simons, Chairman � '' E'itan Goldberg
Peter-Boynton r����,�� Aaron Preston
Jennifer Litz
" nllw Clrr-istine Allen,Associate
Tuesday October 17 2017 7 .m. 120 Main Street Town mall North Andover^ MA 01845
191 BOARD:If a working group were to be formed it was determined that the proponent would not be a member,but rather
192 submit and discuss any related comments at a Public Meeting.
193
194 Engineering Peet Review:
195 ,1.Enrigbt: Reviewed the Engineering and Stormwater Peer Review responses to the Request for Proposals. Recommended
196 TEC to continue to provide Engineering review services and to alternate Stormwater review with SSV and Horsley Whitten
197 Group for a 6 month period. After the 6 months a decision to either continue to alternate or to select a consultant would be
1198
99 made. Conservation shares this peer review consultant and is in agreement with the recommendation.
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200 Master Plan.Update:
201 J.J.Enright: The Master Plan first Public Forum is scheduled for November 2,2017 at 6:50 p.m. at the North Andover High
202 School.At the November 7 Planning Board meeting RING will provide and Master Plan update,Judy Barrett will provide an
203 update on the Zoning Bylaw Diagnostic,and the Merrimack Valley Planning Commission will provide and update on the ;!
204 Regional Housing Plan.
205
206 MINUTES APPROVAL
207 MOTION: P.Boynton made a motion to approve the October 3,2017 minutes. A.Preston seconded the motion. The vote
208 was 5-0,unanimous in favor.
209
210 ADJOURNMENT `
211 MOTION: P.Boynton trade a motion to adjourn the meeting. The motion was seconded by E. Goldberg. The vote was 5-0,
212 unanimous in favor. Meeting adjourned @,9:45 p.m.
213
214 MEETING MATERIALS: Planning Board Meeting Agenda October 17,2017;DRAFT Planning Board Minutes October 3,2017;
215 Continued Public Hearing: 122 Foster Street,North Andover Varsity Wireless,Brian Grossman:Request for Continuance,,ZBA
216 Notice Followup for Update 10.11,Wireless Consultant Review 170914,Varsity Supplement No 1 to Planning Board—10-12-17,Site
217 Plans(Rev 2) 171005,Monopine Examples,Locus,Balloon Test_0�9282017;New Public Hearing: 1679 Osgood Street,Chad Lawlor: 1
218 Town Engineer Comments,Police Comment 171010,Health.Comments-171012,Building Comments_171011,Building Comments
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219 171017,Fire Dept,Review Comments, Site Plan Page 1,Site Plan Page 2,LOCUS,Application,CDD3 Bylaw,Bldg Comm Site Plan
220 Markup Parking; 1.600 Osgood Street,Hooks Johnston:Medical Marijuana Overlay District/Massachusetts Innovation Works: (no
221 materials submitted);Framework for Recreational/Commercial Marijuana Zoning Bylaw:MOD Bylaw with EG comments,MMLA Conf
222 Material Acts of 2016 and 2017as amended,Commercial Use Discussion Points,Bagg-MMLA-October-3-2017-Presentation-FINAL,
223 1710I7 Section 5.1.4 Bylaw Framework, 170906 Halifax Municipal Law Unit Decision, 170831 Williamstown Municipal Law Unit
224 Decision, 170828 Milford Municipal Law Unit Decision, 170823 Middleton Municipal Law Unit Decision, 1708141;'Bridgewater
225 Municipal I.,aw Unit Decision, 170516 Williamstown zoning bylaw amendment, 170508 Halifax coning bylaw amendment, 170502 Milford
226 zoning bylaw amendment, 171017 TM Email Correspondence.
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