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HomeMy WebLinkAbout1999-03-16 Planning Board Minutes Planning Board Meeting Department of Public Works March 16, 1999 Members Present: Joseph V. Mahoney and Richard Rowen, Chairman were present. John Simons, Clerk arrived at 7:20 p.m. Richard Nardella arrived at 7:30 p.m. Alison Lescarbeau, Vice Chairman and Alberto Angles, Associate Member were absent. William Scott, Director of Community Development was also present. Minutes: On a motion by Mr. Mahoney, seconded by Mr. Nardella, the Board voted unanimously to approve the minutes for February 9, 1999 as written. On a motion by Mr. Mahoney, seconded by Mr. Simons, the Board voted unanimously to approve the,minutes for February 16, 1999 as amended. Discussion: Heritage Estates Mike Rosati of Marchionda Associates and Gary Kellaway of Flintlock were present to represent Heritage Estates. Bill Scott stated that the new developers stated that they would like to show a P.R.D. Mr. Rosati stated that they are present tonight to get feedback from the Board. Aft. Mahoney asked the number of houses they're proposing. Mr. Rosati stated the same as the prior filing, 12. Mr. Rowen questioned whether they could get 12 homes because we never got to the point to see if they could get these lots. Mr. Rowen stated that ultimately a P.R.D. is preferable. Mr. Scott stated that the Memorandum of Understanding would have to be amended. Mr. Rowen asked if this would be on sewer. Mr. Rosati stated that it would be brought up from the fire station. Mr. Mahoney stated that conceptionely he is for it, Mr. Simons stated that a P.R.D. is an improvement but, this is a very difficult site with the topography, Mr. Mahoney asked when Paul Donahue was working on this plan did he come up with a number of lots. Mr. Rowen stated that we said no more than 12 lots. Mr. Rosati asked the number of lots the Board would Eke to see. Mr. Rowen stated that maybe they should try for 2 less lots. Mr. Nardella stated that they are required to submit a conventional plan. Mr. Nardella stated that this has been going on for 10 years but we need a plan showing the number of lots. Mr. Simons stated that all the plans that have been shown to us have had problems. Mr. Simons stated that we would work with you to expedite this. Endorse Plans: Rea Street- Form-A Mr. Scott stated that this Form—A does meet the requirements for endorsement. Mr. Scott went over Chapter 41 Section 8 1 R with the Board. Mr. Rowen stated that we told him to get a variance not to withdraw the subdivision. On a motion by Mr. Mahoney, seconded by Mr.Nardella, the Board voted unanimously not to endorse the Form—A plan for Rea Street. Executive Quarters-site plan review The Board endorsed the plans for the Executive Quarters site plan review. 1 i Berrington Estates—definitive subdivision Mr. Scott went over the reasons for why the Board can endorse the plans for Berrington Estates. Mr. Scott stated that the watershed filing and the subdivision filing are two different things. The Board endorsed the plans for Berrington Estates. Walnut Ridge definitive subdivision The Board endorsed the plans for the Walnut Ridge definitive subdivision. Public Hearings (7:34 p.m.) Continued: Lot 1 Date Street-repetitive petition Elmer Pease was present to represent Lot 1 Dale Street. Mr. Pease stated that they are before the Board for a repetitive petition. Mr. Pease stated that they went before the Zoning Board of Appeals and then got denied. Mr. Pease stated that the ZBA was confused with the applicability. Mr. Simons stated that it is not clear to me why the Zoning Board of Appeals did not endorse the plans. Mr. Nardella stated that the reason the y did not endorse the plans is because they did not have documentation from the Planning Board. Mr. Rowen stated that they could not vote on it because they were looking for a variance on a roadway that isn't built. Timothy 1ppolitto stated that at the last meeting Mr. Rowen stated that he would get a letter from Walter Soule,the acting Chairman of the Zoning Board of Appeals. William Scott passed out a copy of the Land Use Manager regarding repetitive petitions. Elmer Pease went over past submissions with the Board. Mr. Simons stated that if Walter Soule writes me a letter or speaks to me explaining why the Zoning Board voted the way they did then 1 will make my decision. Mr. Scott stated that he does not see the issue, Mr. Simons has the minutes and the decision right in front of him. Mr. Mahoney questioned the letter from Marie Dowd. Mr. Simons stated that we have already approved this decision but we will put your letter in the file. Mr. Nardella stated that this happened a lot of with abutters who have concerns. We as a Board can only rely on the outside consultant. Your only faith will be that we will be holding bond money. On a motion by Mr. Mahoney, seconded by Mr. Simons the Board voted unanimously to continue the Public Hearing for two weeks so that we can get a letter from Walter Soule. 2 Clark Street—site plan review Douglas Dushame and Jeffrey Morrisette of H-Star Engineering were present to represent King Aircharters. Mr. Dushame stated that the proposed hangar is going to be located at r� the end of Clark Street. There will be no fueling of the planes in the hangar. Mr. Dushame stated that it is an 11,000 SF storage hangar for the planes. Mr. Dushame stated that we have been before the Conservation Commission and have sent out for the outside consultant. We have received comments from John Chessia and are going to be addressing them this week, Mr. Dushame also stated that they would be hooking up to town water. Mr. Nardella asked if they would be hooking up to town sewer. Mr. Dushame stated that they would be. Mr. Mahoney asked the number of planes this hangar could hold. Mr. Dushame stated that it could hold 3-4 planes. Mr. Rowen asked if they would be running town water down the street. Mr. Morrisette stated that they would be. Mr.Nardella asked how high the hangar would be. Mr. Morrisette stated that it would be 36' high. Continued until the April 6, 1999 meeting. Boston Hill Road—telecommunications tower Thomas Schnorr of Plamer&Dodge, Tim Wysocki and Stanley Sherrman of AT&T. Mr. Schnorr went over the plans with the Board. Mr. Schnorr showed the board the existing structure and then showed the Board their proposal. Mr. Schnorr showed the Board pictures of what the antenna looks like from the road at different angles. Mr. Schnorr stated that there are presently 7 antennas on this structure already. Mr. Wysocki stated that the reason we chose this site is because of co-location. Mr. Wysocki showed the Board the sites and towers in and around North Andover. Mr. Wysocki stated that they tend to cluster in the same area. Mr. Wysocki showed the Board an actual antenna. Ken Grandstaff of MPG Realty stated that he is in opposition of this application tonight. We have plans to develop this site. Bearnice Fink of Turnpike Street, stated that there are seven other tenants and she already experience radio and TV interference. Ms. Fink asked where else in North Andover do you currently have or are you proposing to add similar facilities. Ms. Fink stated that huge metal building should be moved, Mr. Schnorr stated that the Zoning Board of Appeals granted them the right for the height. Mr. Schnorr stated that AT& T is a tenant of Mr. Farnum and the town can't make them tear it down. This is our first installation if this town and as of today we have no plans to put antennas anywhere else but, as the town grows we will need to go to two sites. Mr. Schnorr stated that in the town of Andover we have five sites. Mr. Nardella asked if they have ever given free wireless telecommunications service if you were allowed on town property. Mr. Nardella asked if the tower could be enclosed. Mr. Schnorr stated that the town required us to show that we can't co-locate. Mr. Nardella asked what the next site would be. Mr. Wysocki stated that it would be Clay Pit Hill, Ms. Fink asked if hazard lights were required. Mr. Wysocki stated that if the FCC tells us we need them we would put them on. Ms. Fink stated that she is concerned with the effect of this tower on her health. Dan Sherman was present to represent AT &T Wireless. Mr. Sherman stated that he got involved with radiation when he was in the Army. Mr. Sherman stated that he has been to 100 meetings regarding this. Mr. Sherman stated that he has not seen one study with regards to signals with health risks effects. Mr. Sherman stated that when he did testing around the site the highest level with all the contributors is 3.5%. Mr. Sherman stated that 0.07% is what is allowable. Ms. Fink stated that she is not convinced. Mr. Rowen stated that the town has hired an outside consultant and he agrees with everything this consultant =; says. Ken Grandstaff of MPG Realty, stated that they are going to be building condominiums and have visual aspects. Mr. Grandstaff stated that 9 out of 10 times this Board looks at the visual aspects of things before this Board. Ms. Fink stated that they should stand in front of the Riding Academy and it will be very visible. Mr. Schnorr read from the towns zoning bylaw. Mr. Schnorr stated that he couldn't stand here and tell you that this is a monument of sleek structure. We are aware that people are aware of the visual aspect. Mr. Schnorr stated that we could paint these to match the cement. Mr. Schnorr stated that we are in an industry to provide this service. We would not do it if it were not safe. Mr. Schnorr stated that he can assure us that the frequencies are so far removed from radio and TV. Mr. Scott stated that the bylaw is written so that new towers would be placed around town. Ms. Fink stated that they have a lease until the year 2048. Mr. Schnorr stated that we have to come back every 3 years for the permit. On a motion by Mr. Mahoney, seconded by Mr. Simons,the Board voted unanimously to close the public Hearing. Forest View Estates—modification Bob LaVoie and Ken Grandstaff were present to represent Forestview Estates. Mr. LaVoie stated that they are present tonight to amend a small condition. Mr. LaVoie stated that it presently states that no site work could occur until the sewer is constructed. Mr. LaVoie stated that the town has a consent decree with D.E.P. Mr. Lavoie stated that Bill Hmurciak of DPW is O.K. with starting work on the sewer. Mr. LaVoie stated that the work will be bonded and it will not take more than b months. Mr. LaVoie asked if the Planning Board could modify condition 5b of the decision for us to get building permits. Mr. Nardella stated that he thinks it is reasonable if the work is bonded. Mr. Mahoney stated that he feels the same way. Mr. Mahoney asked when the sewer would be going in. Mr. Grandstaff stated that they would like to start April 1, 1999. Mr. Rowen stated that he has no problem with starting the site work but he does not want any model homes going up. Mr. Nardella asked when they would start a model home. Mr. Grandstaff stated that it would probably be in July. Mr. Rowen stated that they could work on the site and when the sewer is complete then come in for the model homes. Mr. Grandstaff stated that the reason is to build them for the marketable reason. On a motion by Mr. Nardella, seconded by Mr. Mahoney, the Board voted unanimously to close the Public Hearing. On a motion by Mr. Nardella, seconded by Mr. Mahoney, the Board voted unanimously to accept the modification to amend condition 5b of the definitive subdivision plan approval for Froestview Estates. Utili ,y Easement William Scott stated that this hearing is to determine whether the placement of underground utilities would advance public safety, health, convenience and welfare from a program that prohibits new installation or construction of above ground utilities, and requires the progressive removal of above ground utilities. Mr. Scott stated that the method of payment would be to stretch payment through utilities. Mr. Simons asked how they would handle the connection to the houses. Mr. Scott stated that they would have to re-run wires to the underground and then into the basement. Mr. Simons stated that he thinks there will be a stink.at Town Meeting. Ben Osgood stated that he is in favor of this and it could easily be done. Mr. Osgood stated that this Board should get behind this. On a motion by Mr.Nardella, seconded by Mr. Simons, the Board voted unanimously that the placement of underground utilities would advance public safety, health, convenience and welfare. Continued: The Sanctuary-definitive subdivision John Soucy was present to represent the Sanctuary. Mr. Soucy stated that he met with Jim Rand of DPW. Mr. Soucy stated that Mr. Rand submitted a letter and they have addressed John Chessia's comments. We will submit a revised plan to the Board. Mr. Soucy stated that he is before the Board tonight to discuss the waivers he needs. Mr. Soucy went over the 5 waivers with the Board. Mr. Soucy stated that the plan complies and we go to Conservation next week. Mr. Nardella asked what the diameter of the cul- de-sac was. Mr. Soucy stated that it was 100'. Mr. Rowen asked the Board if the grouping of the trees was appropriate. The Board agreed that they were appropriate. Mr. Nardella stated that the island at Cobblestone Crossing is very nice. Mr. Simons stated that he should look into an island. Continued until the April b, 1999 meeting. Adjournment: On a motion by Mr. Simons, seconded by Mr. Mahoney, the Board voted unanimously to adjourn. The meeting adjourned at 10:05 p.m.