HomeMy WebLinkAbout2002-11-12 Planning Board Minutes DRAFT Approved by Planning Board on __a..____..._.
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PLANNING BOARD MINUTES
November 12, 2002
I_31-
ATTENDANCE:
John Simons Felipe Schwarz X _
Alberto Angles X George White X
Richard Nardella
STAFF PRF.,SF,NT: Kathy McKenna X
DISCUSSION ITEMS:
Meeting began at 7:10 p.m.
Acting Chairman Angles apprised the abutters and audience that because there would be
only 3 members in attendance all Special Permit items were being deferred date specific
to the December 3, 2002 meeting. He also stated that the items deferred were posted on
the door and available as hand-outs. The items deferred were read: 535 Chickering Road
Site Plan Special Permit, 180 Marbleridge Road Watershed Special Permit, 383 Johnson
Street Watershed Special Permit, Omnipoint/ 1 High Street Wireless and Site Plan
Special Permit, Verizon Wireless/401 Andover Street Wireless and. Site Plan Special
Permit, Carter Farm.Watershed Special Permit & Planned Residential Special Permit, and
10 Commerce Way Site Plan Special Permit.
IV. 1895 Great Pond Rd-Yameen-Modification to WSP (Continued from 9/10/02)
Item removed from the agenda by the builder.
1. Brooks Pharmacy-Site Plan Waiver-ATM(Continued from 9/10/02)
Applicant's attorney Mark Johnson handed out revised photo simulations of the improved
facade of the building. There were three issues as the Planning Board saw it: exemption
from site plan review, waiver from site plan review, and the visual aesthetics of the
proposed structure. Fleet was not agreeable to changing the facade color from
champagne to white to match the existing Brooks building. The item was tabled to later
in the meeting so that Mr. Nardella could speak to the issue.
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November 12, 2002
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II. Walnut RidjZe Determination of Compliance/Site Opening Bond Release
Gerry-Lynn Darcy spoke on behalf of the developer and discussed the meetings she had
had with the residents of Cricket Lane. She stated that her intention was to plant 22 Pear
trees for street trees. Diana Headrick, 144 Cricket Lane, expressed the residents' concern
with what was being proposed by the developer. The issues were: where to plant street
trees, how many and what kind. There was also a brief discussion on plantings on
individual lots.
The Board requested the Developer provide lot by lot plan of plantings that would
represent what each homeowner wanted. The plan should also overlay the as-built plan
so that existing drainage structures, utilities, and topography could be shown. The Street
Trees should be American Sycamore as originally approved by the Board. Mr. Simons
stated that the developer would have to physically meet with each resident about the
trees. If there were issues of physical obsticals they should negotiate.
Another resident spoke out and objected to the length and type of first meeting that was
initiatied by the Developer.
Discussion deferred to October 15,2002.
All other discussion items deferred to after the public hearings.
VIII. Wallace Street Bond Release
Item premature, removed from agenda.
PUBLIC HEARINGS (7:30):
Called to order at 7:35 p.m.
I. Omnipoint/ 1 High Street Wireless and Site Plan Special Permit
Paul Gascoigne presented the project for the Applicant. The installation is on an existing
smokestack and is designed to mitigate exisiting gaps in coverage. Waivers were
discussed. The applicant presented the noise data submitted with the application which
was on sheet Z-2. It stated that the noise would be 39dbs in an open field and in this
case the equipment would be housed inside the structure. Mr. White asked for photos
from other towns where arrays were placed on existing smokestacks.
In response to Mr. White's comment regarding co-location the applicant stated that this
facility was not designed for co-location but that another carrier could locate on the same
existing smokestack.
Cindy, 45 Alva Street (?), spoke with great concern about the harmful health effects to
residents of wireless facilities. She was concerned that she did not have notice of this
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November 12, 2002
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DRAFT Approved by Planning Board on
installation sooner. Other abutters spoke about the dangers of living within the are of
radiation that results from wireless facilities and challenged the Board to support them by
denying this application.
Mr. Simons stated that the ZBA had already granted a setback variance and that these
concerns would have been better directed to that Board. The resident's stated their
intention to appeal the ZBA decision, The Planner stated that Federal law prohibited
local land use boards from using RF Emissions to deny a facility and that this facility was
under the Federal limits. Mark Johnson stated that there was a recent case that may have
extended the role of local land use Boards. The Board agreed to have the RF reports
reviewed by a Town consultant for compliance with Federal standards.
Deferred to October 15, 2002.
CONTINUED PUBLIC HEARINGS
I. Lawrence Airport West Side Hanger Continued from 9/10/02)
Mr. Nardella moved to approve the site plan special permit as amended this evening. All
in favor, motion carries.
Site Plan Special Permit Approved.
II. Chatter'ee/ 55 South Bradford Watershed S ecial Permit Continued from
9/10/02)
Planner stated that VHB had no further concerns with the proposal. The public hearing
was closed. Mr. Nardella moved to approve the watershed special permit as amended
this evening. Mr. Schwarz seconds. All in favor, motion carries.
Watershed Special Permit Approved.
IV. Wallace/ Seville Street Definitive Subdivision Continued from 9/10/02
Deferred to October 15,2002 at applicant's request.
V. NE Power - Site Plan Special Permit Continued from 9/10/02
The Planning Board discussed the fact that the plan had not been reviewed by a Town
consultant. The applicant stated that DPW had no comments and that the plan has not
been forwarded to the consultant by the Planning Department for a month. The Board
decided to approve conditioned upon a satisfactory review by the outside consultant.
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November 12, 2002
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DRAFT Approved by Planning Board on
Mr. Nardella moved to approve the site plan special permit for the electric substation as
amended. All in favor, motion carries.
Site Plan Special Permit Approved.
Mr. Nardella moved to approve the Lot 1 Slope special permit for the electric substation
as amended. All in favor, motion carries.
Lot/Slope Special Permit Approved.
VI. 10 Commerce Way, Car Wash Facility, Site Plan S ecial Permit
Deferred at the Applicant's request. Applicant is currently in front of the Natural
Heritage Committee.
Deferred to October 15,2002.
VII. Carter Farm/Bradford Street Definitive Subdivision-, Watershed Special
Permit; Planned Residential Special Permit Continued from 9/10/02
The applicant presented argument in support of the placement of the parking areas for the
soccer fields. The Board had few problems with the placement at this point. The
applicant has submitted revisions and responses to engineering comments to VHB. The
Board deferred to November 12, 2002 to ensure enough time for VHB comments to
return.
Deferred to November 12, 2002.
DISCUSSION ITEMS (Continued):
11I. Chatham Crossing.. -...Lot..releases for Lots 5 & 6 Continued from 9/10/02
Planner discussed recommendations regarding the process of ensuring the subdivision is
built to plan. Applicant's representative spoke in favor of the reasonableness of the
recommendations and stated that an as-built was already in progress by a different
engineer. The engineer was in attendance. Mr. Schwarz asked for a list of what is
different from the approved plan and why changes were made. The Planner stated that
the drainage was not constructed to plan. From the files it appears that there was a
recommendation from J. Rand but no approval from the Planning Board or Mass
Highway. Joanne Brown, 157 Berkeley, spoke about the mold and dampness she has
been experiencing in her basement and she urged the Board and the applicant to follow-
up on her problems. She stated that the subdivision plan required the developer to hire an
engineer to review drainage in the field. The Planning Board instructed the applicant to
look at subsurface drainage issues as well as surface run-off. Bob Demeris, 155
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November 12, 2002
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Berkeley, stated his concerns about dampness in his back yard and inadequate screening
from the new houses behind him and the headlights from the traffic on the new road.
Mr. Schwarz questioned whether there were interim as-builts submitted to the building
department. He also asked the applicant to supply copies of the construction plans. Mr.
Simons stated that he first step is to ascertain all the facts. The Board discussed the
timing of the review and requested that the as-builts be done well in advance of the next
meeting so that VHB and Town Engineer could review them. Planner explained that it
would be difficult to have a review done so quickly.
Deferred to October 15, 2002
V. Rezoning Prel,Wn M Discussion—Turnpike Street, Patrick Larkin
VL Rezoning Preliminary Discussion-- 642 Turnpike Street
Items were taken up together. The landowners discussed the location of their property
using a tax map and abutting business and industrial uses. Mr. Simons said that their
requests for rezoning could be further discussed for the 2003 Town Meeting. Mr. Simons
will contact the individuals for further discussion.
VII. Rezoning Preliminary Discussion-1451 Osgood_Street
Deferred to October 15,2002 by citizen.
I. Brooks Pharmacy-Site Plan Waiver-ATM
Discussion on site plan waiver with the full board commenced.
Mr. White moved to waive Site Plan review, seconded by Mr. Schwarz. All in favor.
Board waives site plan special permit requirements.
PLANNING BOARD BUSINESS
I. Execute Town Planner Authorization To Sign
Signed by the Board
Mr. White updated the Board on the work of the newly formed Commission on Housing.
Mr. Simons instructed the Planner to speak with the Community Development Director
about ensuring that all moneys collected from Wheelabrator are spent toward improving
the public health and not deposited into the general coffers.
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November 12, 2002
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The Board unanimously ELECTED Mr. Schwarz as the Board's Associate Member to
the Merrimack Valley Planning Commission.
11. Placement of steel rod bounds, Cambell Forest Subdivision
The Planner asked the Board if they felt there was any problem allowing the developer to
place steel rods instead of granite bounds mi the conservation non-disturb areas of this
subdivsion. The Board has no objection.
AdJourment at 10:45 p.m.
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November 12, 2002
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