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HomeMy WebLinkAbout1998-08-18 Planning Board Minutes Planning Board Meeting Senior Center August 18, 1998 Minutes: On a motion by Mr. Mahoney, seconded by Mr. Angles, the Board voted unanimously to approve the minutes for August 4, 1998 as amended. Discussion: Phillips Common- fence William Patterson was present to speak on behalf of Phillips Common. Mr. Patterson stated that when the plan was filed the plan included a fence on the outside perimeter of the street. Mr. Patterson stated that the fence has been painted twice in five years. Mr. Patterson stated that they have a voluntary homeowners association. Mr. Patterson stated that they are in the process of getting quotes to get the fence fixed but, one homeowner has decided to take down his fence. Mr. Patterson stated that another homeowner bumped into the developer Tom Laudani and Mr. Laudani told him that the fence is a requirement. Mr. Patterson stated that he is asking the Board whether they have a choice to tear down the fence. W. Rowen asked if the fences were on Town property or private property. Mr. Patterson stated that he believes that they are on private property. Ms. Colwell stated that the only thing she found in the file was the fence being shown on the subdivision plan. Ms. Colwell stated that there is no covenant. Ms. Colwell stated that it is part of the decision because it is shown on the plans. Ms. Colwell stated that it is up to the Board if they let them take down their fences. Mr. Mahoney asked how many homeowners want their fences. Mr. Patterson stated about 60% of them. Mr. Mahoney stated that he thinks they're attractive and make the subdivision look nice. Mr. Rowen stated that the homeowners have the right to either have the fence or not to have the fence but, he believes it raises your property value. Mr. Mahoney suggested that they give their kids a bucket of paint and let them paint the fence. Mr. Patterson stated that we have thought of that but, some homeowners did not want to do it. Mr. Patterson stated that there also was lighting at the entrance of the subdivision and recently an electrician came and took out the meter. Mr. Patterson asked he would do about getting it put back on. Ms. Colwell stated that if you can get the homeowners to pay the bills she doesn't see a problem but, you would have to speak to ConCom. Lot F Flagship Drive- site plan review Shirley Griffin of Seecamp Environmental was present to represent Lot F Flagship Drive. Ms, Griffin stated that the site is stable and the grass is about 2" high. Ms. Griffin stated that there is no gullying and nothing is moving. Ms. Griffin also stated that there is a clear trickle that is coming out of the pond, which is good. Ms. Griffin stated that things are in good shape. Mr. Rowen asked if they water the grass until September should they be fine. Ms. Griffin stated yes. Ms. Colwell stated that her proposal would be to schedule to receive written reports every two weeks and then have them come before the Board at the September 18, 1998 meeting and hopefully that will be the final time. Laurel Heights --preliminary subdivision John Soucy of Merrimack Engineering was present to represent Laurel Heights. Mr, Soucy stated that at the last meeting they were asked to submit a plan showing the cul-de- sacs which they did and the plan is here tonight. Mr. Soucy stated that they have done a lot of looking at the plan. Mr. Soucy stated the if they did a through road it would have a 9% slope. Mr. Soucy stated that he believes that the Ist alternative plan has the least impact. Mr. Soucy stated that he could give assurance that the design for the runoff onto the hill towards Johnson Street would be better. Mr. Soucy stated that the grading that was submitted does show disruption to the site. Mr. Soucy stated that they would like to move forward tonight to find out which way the Board would like them to go. Mr. Rowen stated that they needed a through road and I for one will not be in favor of this if it is not connected to Johnson Street. Mr. Rowen stated that if connecting this road is causing disruption we will have to vote appropriately. Mr. Simon stated that they could easily cause less disruption with fewer lots. Mr. Soucy stated that they will not ask for more lots than are allowed to us. Mr. Simons stated of course you wouldn't and he does not think this is good for the Town. Mr. Mahoney stated that he totally agrees with Mr. Simons, we are not in San Francisco we're in North Andover and he thinks they're approaching something very tough. Ms. Colwell stated in the decision she will recommend that no waivers be given and she would refer to the comments made at the meeting. Mr. Rowen stated that if you do come_ in with a definitive subdivision you will have to show a 24' road. Mr. Soucy asked that the Board waive the slope requirement because the slope is 9%. Mr. Rowen suggest that he meet with the Town Planner before they re-file. On a motion by Mr. Simons, seconded by Mr. Mahoney, the Board voted unanimously to deny the preliminary subdivision known as Laurel Heights. A resident questioned there impact of the decision. Mr. Rowen stated that we will render a decision denying this preliminary plan and identifying why we did not approve it. Also whether or not we approve or deny the preliminary plan doesn't matter when they come to file the definitive plan. A resident asked if these lots fell under the building moratorium. M. Rowen stated that they would fall under the Growth Management Bylaw. Bradford Street -Form-A The Board did not endorse the plan for Bradford Street because they did not feel that there was sufficient frontage for the lots. Bonds: Meadowood Phase III Ms. Colwell received a letter from Tim Willett, DPW Staff Engineer recommending a bond release of $16,500.00 and retain $18,648.00. On a motion by Ms. Lescarbeau, seconded by Mr. Nardella, the Board voted unanimously to release $16,500.00 and retain $18,648.00 for Meadowood Phase III. i Central Metal Finishing- site plan review Ms. Colwell stated that the site is complete and the as-builts have been submitted. Ms. Colwell inspected the site with the engineer also. Ms. Colwell recommends releasing the $10,000 bond. On a motion by Ms. Nardella, seconded by Mr. Angles, the Board voted unanimously to release the $10,000 bond for Central Metal Finishing.. Public Hearings (7:30 p.m.) New: Lyons Way - definitive subdivision Paul Marchionda of Marchionda Associates was present to represent Lyons Way. Mr. Marchionda stated that Lyons Way is off of Campbell Road on 9.6 acres of land. The property is mostly surrounded by state forest except for 1 house. Mr. Marchionda stated that the proposed road is 1200' with 7 lots on town sewer and town water. Mr. Marchionda stated that there is a 1% slope on the road and then at the cul-de-sac it has a 2% slope. Mr. Marchionda added that prior to this filing this site has been approved twice. Mr. Rowen asked if these lots are one acre. Mr. Marchionda stated yes. Mr. Rowen asked if this subdivision will be tying into the west side interceptor. Mr. Marchionda stated that it will be. Ms. Colwell stated that this was approved before for septic but, the permits ran out. Mr. Simons asked what the posted speed is on Campbell Road. Mr. Marchionda stated that it is about 30-35 mph. Ms. Colwell stated that she thinks the traffic consultant should review that. Mr. Mahoney questioned the tree clearing area. Mr. Marchionda showed the Board the tree clearing area. Mr. Simons stated that he has a real problem with the tree clearing line and would like them to go back and try to save more trees. Mr. Marchionda stated that 80% of the tree clearing is for house construction, road construction and the detention ponds. Mr. Marchionda went over the location of the detention areas with the Board. Mr. Marchionda stated that he will look at the tree clearing line. Mr. angles asked what the maximum depth of the detention ponds are. Dave Willett of Marchionda Associates stated that they are 4' -5' deep. Ms. Lescarbeau asked who would maintain the storm water trenches. Mr. Marchionda stated that the homeowners will be responsible. Debra Acciacca of 168 Campbell Road stated that she lives right next to the property and she was not notified properly, she said that she read it in the newspaper. Ms. Acciacca stated that she read in the newspaper that this was in the R-2 zoning and wondered if that was correct. Ms. Acciacca also asked who takes care of the number of children in the schools. Ms. Lescarbeau asked what her concern with the schools were, Ms. Acciacca stated that the Sargent School is brand new and it is already at full capacity. Ms. Acciacca stated that they are putting houses up everywhere. Mr. Simons stated that if you own property you have the right to do what you want with it. Mr. Simons stated that we have to follow the rules to deny and approve projects. Mr. Simons stated that he would love to see a forest out there but, if they coarse to us and meet the requirements we can't deny them. Ms. Acciacca asked if they could keep more trees. Mr. Rowen stated that we can do the best we can we're looking for the best design. Ms. Acciacca asked if this will be on sewer. Mr. Rowen stated that it will be. The Board scheduled a site walk on Wednesday August 26, 1998 @ 6.00 p.m. Ms. Acciacca had ' concerns where the new road would be located. Mr. Marchionda showed the Board where the road would be going in. Mr. Acciacca had concerns with the location of the ' road with the wetlands. Mr. Marchionda stated that they originally had the road in another location but, Mike Howard told him that this would be less wetland crossings. Mr. Marchionda stated that he is looking for two waivers. One is for no sidewalks and they will donate to the sidewalk fund and the other is to reduce the widths of the shoulders. Continued until September 15, 1998. Executive Quarters (Hillside and Rt. 125 bypass) -site plan review Paul Marchionda was present to represent the Executive Quarters. Mr. Marchionda stated that it is a:three story 24,047 SF four story building with office space on three floors and they are supplying a parking garage underneath. Dermit Kelley of DJK Associates went over his traffic study. Mr. Kelley stated that he saw 30,000 cars per day on Rt. 125 which cam out to 1,100 cars an hour. Mr. Kelley stated that Rt. 125 has a no access line. Mr. Kelley stated that if you put a driveway at Rt. 125 you would have to cross three lane of traffic to go south on Rt. 125. Mr. Kelley stated that the access out of the parking lot would be controlled by a stop sign.. Mr. Kelley stated that the existing queue would be four cars and only thirty four cars would exit the site in the evening. Mr. Mahoney asked Mr. Kelley to repeat the number of cars per day. Mr. Mahoney asked who the building is geared for. Mr. Marchionda stated that W. Mesiti will be taking the majority of the building. Mr. Simons asked what the number of parking spaces there are. Mr. Marchionda stated that there are 80 spaces. Mr. Rowen asked what the number of spaces required were. Mr. Marchionda stated 80. W. Rowen stated that this building is huge for the community it's located in. Mr. Marchionda stated that the height requirement is 60 feet and we are at 60 feet. Mr. Simons asked why they did not put a curb cut in on Rt. 125 between Hillside Road and Osco Drug. Mr. Kelley stated that if a car was traveling south on Rt. 125 they would have to make a U-turn to access the building. Ms. Lescarbeau stated that they could make a right turn only exit if they did a curb cut after the island on Rt.125. Mr. Kelley stated that it is very rare that the state would let you access a no access line. Mr. Rowen asked what plans would you do to make it so people don't cut through Chestnut Green and Hillside Road, Mr. Kelley stated that he would put a right turn only sign at the exit. Mr. Simon asked if they could put a curb cut into where the island ends. Mr. Kelley stated that he could go back to the state and ask. Mr. Kelley suggested that they put a Do Not Enter sign at the back entrance to Chestnut Green. Mr. Nardella asked Mr. Kelley if he thought there was an access to turn out to Rt. 125 would that alleviate congestion on Hillside Road. Mr. Kelley stated yes. Wayne Gendran asked when the count was taken. Mr. Kelley stated one count was taken on March 13, 1998 and the other was taken March 24, 1998 and it was when Merrimack College was in session. Jim Tobin 19 Meadowood Road asked what time they did the counts. Mr. Kelley stated that they were done at 7-9 a.m. and then 4-6 p.m. Mike Rosenberger of Bucklin Road stated that he got a list together with the other neighbors and they also did their own traffic study and they counted 1300 cars. Mr, Rosenberger asked if they counted the number of vehicles that enters Hillside Road, Mr. Kelley stated that he did not count that. Mr. Rosenberger stated that they did their study from 12:00 p.m. - 6:30 p.m, and they found 3 cars per minute that go through Hillside Road and 76% were cars cutting through. Mr. Rosenberger stated that the cut through was left there for emergency access only, per the safety officer. Mr. Rosenberger stated that the parking now in Chestnut Green is insufficient and people are parking on Hillside Road, Mr. Rosenberger stated that it is very difficult pulling off of Rt. 125 onto Hillside Road as it is and there are also snow issues and rain issues. Ms. Lescarbeau asked if there is a no parking sign on Hillside Road. Mr. Rosenberger stated no, and there are also school buses that travel down the road. Mr. Rosenberger stated that there have already been four accidents reported and our other concern is people coming out of the other exit of Meadowood. Mr. Rowen stated that he does not think they will use the other exit. Mr. Rosenberger asked if they considered Stop & Shop. Mr, Kelley stated that they considered Stop & Shop and Forestview. Mr. Rosenberger stated that there are thirty five children in the neighborhood that are under the age of six. Mr. Rosenberger stated that they have asked for signs to be put up for the people to slow down but, no one ever put them up. Ms. Lescarbeau stated that she would suggest they call and complain every day until you get the signs. Paul Hajec, the towns traffic consultant was present to talk about traffic. Mr. Hajec stated that in his review of the proposed development was that he feels the same way as the Board. W.Hajec went over some of his issues that he felt were important. Mr, Hajec , stated that the design and the location of the driveway is a concern. Another problem is that there is no access line and connecting to Chestnut Green is crossing a wetland. Mr. Hajec stated that the driveway proposed is the best they can do. Mr. Hajec stated that they did the best they could do on land restraints. Ms. Lescarbeau asked what Mr. Hajecs feeling is on the right turn only onto Rt. 125, Mr. Hajec stated that if the no access line was not there it would be all right but, they need to evaluate the exit with the signage. Mousad Roya asked if Mr. Hajec thought that they should widen Hillside Road. Mr. Hajec stated that he does not think that is necessary. Mr. Roya stated that when people are trying turn it is very difficult to see if people are parking on Hillside Road. Bob Craft stated that they have been putting a lot of signal lights on Rt.125 in Andover and asked if the town has any input on putting a traffic light in. Mr. Rowen stated that the cars are going a lot faster at that part of Rt. 125 where Andover is putting in lights. Mr. Hajec stated that the state bases getting signal on signal warrants and he does not think that this intersection meets any signal warrants. Bob Craft stated that he does not agree. Bob Craft stated that he has been discussing this before Meadowood was put in and this town has done nothing to alleviate traffic, all's they did was put in a silly island. Gary William the architect stated that this is a four story building with ground level parking. Mr. William stated that there will be a lobby in the center of the building and three floors of office space. Mr. William stated that there will be a metal roof and lime stone arches The building will be made of textured block. Mr. Simons asked what the sides of the buildings looked like. Mr. William stated that it is the same as the front but, without the palladium window, Mr. Nardella asked how this resembles the height of r- Chestnut Green. Mr. Barrett stated that it is the same. Mr. Rowen stated that this is an awful looking plan and it doesn't go with the neighborhood. Mr. Simons stated that this is so different from anything else in the neighborhood. Mr. Simons stated that this building 4 belongs in a business park on Rt. 128 and you didn't even show side views of the building which is a requirement. Ms. Colwell stated that we definitely need to have side elevations. Mr. Mahoney stated that we have to consider the abutting properties which it states right out of the zoning bylaw. Mr. Nardella stated that all the other buildings in the town are country looking. Mr. Marchionda stated that Mr. Mesiti could not be here tonight but that he would like Mr. Mesiti to tell the Board his feelings on the building. Mr. Rowen suggested that they down size the building. Mr. Marchionda asked if the height of the building or the design of the building. Mr. Rowen stated that the roof looks like a squatty little hat that doesn't fit the building. Ms. Lescarbeau stated to Bill Barrett that he has been around the town long enough to know what this Board is looking for and we've tried to get a village look. Ms. Lescarbeau stated that we've tried to get a village look and she does agree this is a little to much for this site. Bill Barrett stated that we did take a lot of time to design this and we want this first class. Mr. Barrett stated that he will be in the building,Mr. Mesiti will be there and another tenant. Mr. Barrett stated that he did not want an Osco Drug. ,Mr. Nardella asked why textured block and not wood. Mr. Barrett stated that is so they don't have to paint it every five years. Leslie 121 Winter Street stated that at the beginning of the meeting they said it will be three stories but, it looks four stories. Mr. Rowen stated that the fourth floor is the underground parking. Mousad Roya stated that the Chestnut Green building is much more appealing. This is the gateway to North Andover and we need to make something more appealing. Mr. Angles stated that this does not match anything in the neighborhood. Continued until September 15, 1998. Continued: 350 Winthrop Avenue (Market Basket site plan review John Soucy of Merrimack Engineering was present to represent 350 Winthrop Avenue. Mr. Soucy stated that this is a simple addition and we have supplied the elevations for the building and have agreed to have restricted times for deliveries in the decision. Mike Kettenbach who is the agent for Market Basket stated that they will be re-striping the parking lot and will be re-paving in front of the building and repairing the damaged part of the parking lot. Ms. Lescarbeau stated that she will not go there until you re-pave the parking lot and get security. Mr. Kettenbach stated that the damage of the parking lot was caused by a beaver dam and that has been resolved. Mr. Rowen stated that he remembers three or four years ago the Board had a lengthy discussion on security. Mr. Rowen asked if Ms. Colwell remembered the wording in that decision. Ms. Colwell stated that camera's and uniformed police were to be added to the mall. Mr. Kettenbach stated that during the holidays we have hired uniformed police and have had hundreds of arrests. Mr. Rowen stated that you need to make the shopping mall safe. Ms. Lescarbeau stated ° that she looks in the citizen every week and this mall is at the top of list with arrests. Mr. Nardella asked about the dirt area. Mr. Kettenbach stated that it will be paved. Ms. Lescarbeau asked about delivery times. Ms. Colwell stated that the Board of Health X19 wrote a letter stating that there could be no deliveries form 9:00 p.m. to 7:00 a.m, and the dumpsters being enclosed will be a big help. Mr. Kettenbach stated that he would like it if we send certified letters to the tenants stating that they could only have certain hours for dumpster pick ups. Ms. Kettenbach went over the area being re-paved on the plan with the Board. Ms. Colwell stated that she would like to see the islands be brought further down closer to Rt. 114. On a motion by Ms. Lescarbeau, seconded by Mr. Angles, the Board voted unanimously to close the Public hearing for 350 Winthrop Avenue and have staff draft a decision for the September 1,1998 meeting. 200 Chickering Road ennies site lan review Peter Shaheen was present to represent 200 Chickering Road. Mr. Shaheen stated that they are here tonight to follow up on some open issues. Mr. Shaheen stated that the hours of operation would be 6:00 a.m. to 12:00 p.m. Mr. Shaheen stated that those are the potential hours if they were to get a coffee shop in there. Mr. Shaheen stated that he can't say what size delivery trucks will deliver but, he does not see it being a problem. Mr. Shaheen stated that he would not want that conditioned because it is the companies that are in control of the trucks. Mr. Shaheen stated that they did change the rear of the building for Mr. Simons. Reiner Koake stated that they dropped down the roof in the rear of the building instead of painting a stripe on the rear of the building. Mr. Koake stated that 50% of the HVAC units will be inside and the outside units would be hidden by the railings that really are walls that are insulated. Mr. Shaheen stated that restaurants are allowed per the agreement but, not full service restaurants. Mr. Nardella asked if there are different calculations if you were to put in a deli, Mr. Shaheen stated that no, it's by the number of tables. Mr. Gross stated that it is based on 1 parking spot per 200 SF and you can only put in the number of tabled per SF. Mr. Rowen stated that we are not trying to restrict what tenants occupy the building, but we do want to make sure that the planned uses conform to the zoning bylaw, particularly in regards to parking requirements. Joe Scott of Scott Construction stated that he does not mind if the Board put in the decision "if parking is permitted". Ms. Colwell stated that there is outstanding drainage issues and John Chessia has two weeks to respond but, he is working on it. Mr. Gross stated that Mr. Chessia received the information on August 10, 1998. Ms. Colwell stated that September 15, 1998 is the deadline for us to make a decision and hopefully it will be taken care of before that. Continued until September 1, 1998, Decisions: Countu Club Estates - definitive subdivision On a motion by Ms. Lescarbeau, seconded by Mr. Mahoney, the Board voted unanimously to approve the definitive subdivision decision for Country Club Estates as amended. �4 465 Great Pond Road -watershedspecial permit On motion by Ms. Lescarbeau, seconded by Mr. Mahoney, the Board voted unanimously to approve the watershed special permit decision for 465 Great Pond Road as amended. 315 Turn ike Street errimack College Cultural Arts Center - site plan review On a motion by Mr. Nardella, seconded by Mr. Angles, the Board voted 5-0 to approve ' the site plan review decision for 315 Turnpike Street as amended. Mr. Rowen abstained because he missed the meeting when the plans were presented 285 Holt Road - site plan review The Board started to go over the decision. Joan Kulash asked for the Public Hearing to be re-opened. The Board did not re-open the Public Hearing. Mark DiSalvo stated that he would like to speak. Mr. Nardella asked if there is a guideline that Wheelabrator suggests for shutting.down the plant in case of CEM equipment failure. Marty Healy _ stated that the decision should follow permit requirements set by the EPA and DEP. Mr. Rowen asked if a thermocouple fails is there a time you would feel uncomfortable running without monitoring and is there something in DEP that states that you would have to shut down. It was pointed out that there is redundant equipment monitoring through temperatures in the combusters and at the filter fabric inlets. Timothy Porter stated there was no specific time in the permit after which the plant would shut down after loss of CEM. However, the permit calls for continuous monitoring and meets the qualifications. Ms. Kulash tried to speak but Mr. Rowen stated to the public that the Public Hearing was closed two weeks ago at the last meeting. Joan Kulash asked what would make you not want to hear us speak. Marty Healy stated that if this becomes a debate he will be very concerned. If this becomes a Public Hearing he will withdraw his comments. Ken s Kimmell stated that we had an air quality consultant to answer issues to require automatic shut down. Mr. Kimmell stated that we should leave it for another day and have the consultant respond to the Planning Board with data. Mr. Kimmell thinks that the air quality consultant should get back to the Board with a shut down time. Mr. DiSalvo stated that he would like to have the public speak. Mr. Rowen stated that we had the Public Hearing two weeks ago. Mr. DiSalvo stated that this topic was not on the table at that time. Mr. Rowen stated that any point was on the table at that time. A resident asked why the Board let the public in tonight. Mr. Rowen stated that if they have one speaker he will listen to the speaker. A resident stated that there is no reason to rush this through. Joan Kulash stated that we're not your enemies, were due your ears. A resident asked if the Board would like the public to leave the room so they could have a candle lit room to talk. Mr. DiSalvo stated that the Board should make their decision only when the Board has received all the information if it is only a week. Mr. Healy stated that Mr. DiSalvo's comments are misleading. Mr. Healy stated that if MRI is meeting EPA standards we don't have to shut down the plant. Mr. Healy stated that we have also set up a program to share our information with the community. Joan Kulash started to speak out. Mr. Rowen asked her to sit down . Ms. Kulash asked why the Board is shutting us out. Ken Kimmell went over his draft amendments for the decision. Mr. Nardella asked if E MRI was to have a wish list of back-up parts what would you pick. Timothy Porter stated I that they have an independent parts manager who is on call and he gets there within twenty four hours for unexpected failures. Mr. Nardella stated that what you're saying is that within twenty four hours most monitoring issues will be resolved. Ken Kimmel] read his revised comments. Mr. Kimmell stated that he would like to add in"The air quality consultant retained by the Town shall specifically investigate and address the extent to which MRI's continuous emissions monitoring equipment is not functioning and report to the Planning Board based on actual data as to whether a standard stricter that imposed by DEP and USEPA should be imposed to address this issue. Such stricter standards may include but are not limited to, imposing a requirement that a combuster be shut down if a continuous emissions monitoring system fails for an excessive amount of time, or requiring redundant continuos emissions monitoring equipment. The Planning Board reserves the right to revisit this issue after receiving reports from the air quality monitor. A resident handed the Board an editorial from the Citizen. Mr. Nardella went over his changes for the draft decision. Mr. Simons stated that he would like to see dioxin tests be done on a quarterly basis. Mr. Healy stated that he feels that it would be objectionable to go above what DEP and EPA require. Mr. Rowen stated that the one thing he would like to include in the decision would be that the town's monitor should be informed two weeks prior to testing, and that all mercury and dioxin testing be done at a time which accurately represented the operation of the facility. Cynthia Hibbard of Camp, Dresser and McKee stated that they test quarterly for mercury and every nine months for dioxin. Even though MRI is not constantly tracking mercury they are tracking surrogates whose performance is an indicator of mercury emission performance. Mr. Porter stated that it is the solid waste law to test every nine months. Mr. Simons asked what the dioxin test involved, how much it cost and how long it takes. Mr. Porter stated that it takes two days to do one combuster for five hours and each combuster$15,000 and there are two combusters. Mr. Simons stated that he would like to have them test quarterly for dioxin. Mr. Simons stated that mercury and dioxin are the public health hazards and this is where the risk is. Mr. Rowen stated that he would like to certainly have them do it for the first year of operation and if the tests are consistent we could back off. Sean Brewster representing NESWC stated that we look at DEP and EPA rules that are really protective and he thinks the town will be adding costs that are not necessary, Mr. Simons stated that MRI can do extra tests for a year and then if the tests come back O.K. they can do away with the extra. Mr. DiSalvo stated that our tax dollars are paying for the tests anyway. Ms. Lescarbeau went over her amendments for the draft decision. Mr. Mahoney went over his amendments for the draft decision. Ms. Colwell stated that she would like to specifically reference the plans and the reports that.were submitted. Mr. Rowen stated that there will be five voting members. Mr. Angles, Ms. Lescarbeau, Mr. Rowen, Mr. Simons and Mr. Nardella, Mr. Mahoney will be abstaining. A resident asked if the Board incorporated the ash in the decision and who's responsible for the ash once it leaves the incinerator. Mr. McIver stated that it will be owner by NESWC until it gets to the landfill. A resident asked for the clarification on who's responsible for the ash. Mr. Rowen stated that the responsibility for the ash is outside the scope of this Board. On a motion by Ms. Lescarbeau, seconded by Mr. Simons the Board voted 4-1=0 to approve the draft site plan review decision for Mass. REFUSETECH at 285 Holt Road. l�� Mr. Angles yes Ms. Lescarbeau yes Mr. Simons yes Mr. Nardella no Mr. Rowen yes Mr. Mahoney abstained Mr. Mahoney stated that he abstained because he left early at the last meeting. Mr. Mahoney stated that he spent ten hours listening to the people for the environment, reading the citizen and three hours at a ZBA meeting listening to your issues. Mr. Mahoney stated that he is totally aware of their concerns. Mr. Mahoney stated that he heard all the testimony relative to the site plan approval application but, he did not vote because he left early one meeting and he thought he could be challenged. Mr. Nardella stated that our zoning bylaw requires us to look into the environment. Mr. Nardella stated that he for one would like to note although he did work hard on this, we got the best decision we could get but, he couldn't vote for it. Executive Session: Heritage Estates Continued until September 1, 1998. Adj ournment: On a motion by Ms. Lescarbeau, seconded by Mr. Angles, the Board voted unanimously to adjourn. The meeting adjourned at 12:00 a.m. r