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HomeMy WebLinkAbout2007-06-26 Planning Board Minutes 4 y,� NdRTFV ;6160 b b N „ m.. �° ..... ,�a � 0RAreo ' SSACHUS Minutes of the Meeting June 26, 2007 Town Hall, 120 Main Street 7:00 PM Members present: Richard Nardella, Chairman John Simons, Vice Chairman Richard Rowers Jennifer Borax-Kusek Members absent: Alberto Angles, Clerk Timothy Seibert, alternate member Chair called the meeting to order at approximately 7:10 pm. Chair wants to send a letter regarding telecommunications renewal to all applicants and if they don't renew in 30 days then fine them. Chair announced the following postponements: Edgewood Retirement Community, Inc. 575 Osgood Street,Map 36, Parcel 3, 17,18, 19 - Site Plan Review Special Permit and a.Modification Special Permit to construct 27 new cottages & greenhouse &new 20 foot wide roadway with individual driveways to access cottages within the R-2 zoning district. Applicants engineer sent revised plan on 5/29/07. Applicant submitted revised drawings on 6/21/07, waiting for VHB's review. Issue is combining another parcel still at 60%, If you go back to the original plan you can see that the applicant is exceeding the number in the original plan by proposing to build more units than were originally approved. Issue is original permit applies to certain number of acres. By combining lots this makes it all one area that this new SP would apply to. Lincoln to dig into details and work out this application regarding form A? Give PB the decision again. Lincoln will speak w/Town Counsel regarding the application process. Information was submitted to VHB. Legal issue to be discussed regarding the application process and Edgewood should file Form A. Combine 4 lots two of which will have new construction on the lots,by combining lots all will be treated as SP. Permit approved in 1988 included 69 acres. Now they are building on old acreage the percentage is now going to be greater. Look at old decision; there are certain parcels of land that Edgewood was not supposed to build on. Town purchased property adjacent to this area. They are to provide visuals of open space area, covenant signed by Mr. Rogers and Edgewood for first right of refusal. There is an easement in place. They cannot build on farmland for 8 years, which now has expired; they are Planning Board t Minutes of ttie Meeting June 26,2007 Page 1 now expanding their current facility on that site. Original decision only applies to a reduced number of acres. Lincoln to dig into details. There may be two distinct applications. If road deemed to be a public way by Town Clerk then you can get frontage. Scan old decision and mail to PB. Stacey Furlong spoke said she submitted a zoning table analysis which looks at existing property as stand alone,how it's developed today, then she added the new lots as stand alone to see how it's calculated out, to show they are in compliance with all of the lots. Going for a 100' setback variance in CCRC. PB stated that there is a sensitive area of a piece of land which is between Osgood Street and land the Town purchased. GFM General Contracting Corp., 1812 Turnpike Street, Map 106D, Parcel 46 & 47— Site Plan Review Special Permit- Construct 25,900 s.f retail/office building within General Business zoning district. Applicant submitted a revised plan submitted on 6/21/07. Applicant submitted a waiver of time constraints until July 17, 2007. Chair called for the following discussion items. 1. Dean Chongris, Salem Street—Redgate subdivision—Requesting lot release (Stabilization Plan and revised construction schedule for 6-12 months are submitted and detention pond to be completed prior to lot release). Dean Chongris is present tonight. Lincoln stated that drainage is functioning properly, slope issue is stabilized and added riprap. Chair said hay bales look tired. Chair doesn't want even a hay bail to be out of place because it could affect all of Salem St. etc. Major issue: is the back part of the lot stabilized? Two catch basins on front of property were open. Gene Willis stated that Dean did work diligently but he doesn't think that the slope is stabilized, it's seeded,but there are areas that are not growing grass. If PB needs everything in place there are some things on the items list that are not done yet. Dean has temporary irrigation for the land and it needs some touch up and in places the seed in coming up. Please note John Simons has arrived at 7:35 pm. Lot is dry needs more irrigation. Lincoln has made many site visits over a period of one year. Mr. Chongris has submitted form J for Lot releases for lots 1,2,3,4. Chair asked that Gene Willis watch the slope stabilization. Chair can't find the expiration date on the surety bond? Dean posted a trust fund to back the surety bond. PB needs to create a schedule showing expiration date of surety with names of applicants, name of surety company and dates of expiration. Submitted slope stabilization plan. What is the time frame to finish? Dean to come back for additional lots releases, then if the work is not completed don't sign lot releases for the additional lots. PB stated they wrote a performance surety bond many years ago. Where is expiration date? Renewal is on an annual basis? Motion to conditionally release lots 3 and 4 in the Redgate Subdivision pending concurrent activity by the applicant to solve any remaining issues by DPW. Additional items that need Planning Board Minutes of the Meeting June 26,2007 Page 2 1 t to be resolved will be resolved within next 30 days, and Lincoln willfet with Gene Willis to make sure everything has been done. Motion by Richard Rowen, 2" by John Simons, to release lots 3 &4 vote was unanimous 4-0. Discussion Item: 2. Chestnut Street--drainage issue - Gene Willis to give an update. Lincoln stated that at the last meeting Marchionda didn't present a solution. Chair asked if Town could recalculate the numbers for a new detention pond. Mr. Willis agreed to a drain catch basin modified by Marchionda. Mr. Willis agrees there should be a gutter inlet to a manhole to avoid a gas main at Woodley and Chestnut. Flow of water coming from both places A and R as well as back section of Peachtree subdivision. Mr. Willis described where the flow was coming from to the PB. Lincoln explained that the plan submitted had easement issues and the original detention pond never got built. Add additional catch basin on Chestnut St. Water drained down open swale space area to Chestnut St. Brian Darcey stated that Peachtree had the design completed and swale was not put in then, however, after and before construction was done then the swale was put in. Chair wants Mr. Hughes and Peachtree to get together to remedy this issue. Mr, Willis is working w/a different design firm other than Marchionda. Mr. Willis wants to go thru their storm water management system into their detention pond. Lincoln asked Marchionda to do a hydraulic study to see if the detention pond will be able to hold the extra flow of water. Who will pay for the resolution? Mr. Darcey is concerned if there is a problem in Mosquito Brook then will it come back to Peachtree to fix it? Is Peachtree willing to invest money to take care of this? Capacity of pond is not the issue, but culvert leading down from swale to pond is the actual issue, expenses are high to take on. Mr. Darcey to get estimates. Somebody built a piece of property and altered it. There is no real person to point a finger at now. Lincoln to get involved in the process. Mr. Hughes, Chestnut Street, is present. Is he required to share the expense? Topography changed when Peachtree came in. Mr. Hughes lives there he knows the drainage problem. Ralph Joyce was grading the property and didn't know what he was doing. Peachtree homes were put in and now Mr. Hughes has a flood problem. If the problem is a shared problem then is the Town and Peachtree going to share the expense? Planning Board didn't know of the form A's planned for this property at the time of the Peach Tree approval. PB is not going to make the decision as to whose problem it is. PB is not the solution. Maybe the PB can urge all parties to come to a conclusion. Mr. Darcey to work w/Lincoln and Mr. Hughes. Lincoln to ask VHB to look at a potential plan and do a review as a favor? Discussion Item: 3. Juana A. Barreto, 1060 Osgood Street, - proposes to open a Martial Arts studio a/k/a Tae Kwon Do - asking for a waiver of a Site Plan Review Special Permit. Lincoln stated that Mr. Barreto is looking for a waiver of a Site Plan Review Special Permit. Dr. Samuels, owner of the property, is in favor of this project. Lincoln recommends a waiver tonight. Motion by John Simons to waiver a Site Plan Review Special Permit for Martial Arts Studio a/k/a Tae Kwon Do located at 1060 Osgood Street, 2nd by Richard Rowen, vote was unanimous 4-0. Planning Board Minutes of the Meeting June26,2007 Page 3 Discussion Item: 4. Fred McCarthy----357 Dale Street, -proposes to raise existing residential structure and build a new residential structure within the Non-disturbance buffer zone of the Watershed Protection District. Asking for a waiver from the VHB review fee, Lincoln stated existing dwelling would be razed. Property lies within the Watershed. This is a cost issue. Lincoln recommends if Gene Willis is "ok" to do the engineering review then Lincoln recommends this waiver. Mr. McCarthy stated that when he previously came in front of the PB several years ago to build a garage it was because the existing garage was very old and run down. When he rebuilt the garage he used only half of the size of the existing footprint in order to do so, therefore, creating less impervious surface area. PB asked Mr. McCarthy to move it away from the wetland and Con/Com zone. He met the PB demands and everyone was happy. Mr. McCarthy stated that because of the major rainstorms he has water and mill dew on the foundation of his existing residential structure so he wants the build a new house to connect to the garage, it will be outside of the 50-foot zone. Mr. McCarthy explained the plan to the PB. Mr. McCarthy created less impervious surface by rebuilding and relocating a new residential structure. Motion by John Simons, 2nd by Richard Rowen to waive outside VHB review fee as long as the applicant provides the Planning Department with all of the bylaw information required vote was unanimous 4-0. Mr. McCarthy asked for relief of the storm water collection from the roof and wants a waiver for a cost point of view. John Simons stated that it depends on the engineering review if you have to put a drywell in or not. Talk to Mr. Willis about this issue, if Mr. McCarthy is on septic now then build a new house on sewer, ask engineer if you can convert the existing system and tie into it. Mr, McCarthy may have ledge in that area. Chair can't waive anything else tonight. Chair called for the continued hearings: 5. Juniper Woods Realty,LLC,Juniper Woods, Map 108A, Parcel 2—8-Lot, Single- Family Definitive Subdivision and Planned Residential Development. First meeting date: August 1, 2006. Waiver on file until Julyl7, 2007. APPLICANT WISHES TO WITHDRAW WITHOUT PREJUDICE. PB was anxious about status of this project. The previous applicant dropped out of the application process. There is still Con/Com issues on this property. Guy Richards, owner of the land, will go ahead with this project himself, independent of the original applicant. Mr. Richards will file a definitive subdivision application himself. Motion.by John Simons, 2nd by Richard Rowen, to allow the applicant to Withdraw Without Prejudice, vote was 3-0. Jennifer Kusek abstained from voting. Planning Board Minutes of the Meeting June 26,2007 Page 4 1 ¢ Impromptu discussion item: 6. Wireless Service Facilities Chair stated that the Planning Department will write a form letter to all telecommunication applicants and give them 30 days to cure any renewal situations. At any scheduled PB meeting, if the applicant has gone beyond the 30-day period, there will be definitive fine and possible revocation of the Special Permit Steve Tryder, 3 86 Chestnut Street stated that applicants are many years over renewal dates. Applicants have to renew every 3 years, or the fine is $300.00 per day. One existing cell tower is currently$438,000 in areas, The Town has never done anything to enforce this bylaw. He is against sending them a letter giving them 30 days. "Whether you want to collect the money for a Town that needs it or not that's up to you but you need to own that." Mr Tryder stated. Mr Tryder is moving for a moratorium and will be approaching the Selectmen to accept a rewrite the bylaw. A committee was appointed at last Town Meeting to rewrite the bylaw. Chair apologized for interrupting Mr. Tryder, but he said that although he wanted to hear Mr. Tryder speak to this issue, he didn't think we were here to speak of a moratorium at tonights public forum. He understands Mr. Tryder's concerns and asked if it was Mr. Tryder that brought it up at the Town Meeting. He thanked him for that because it truly got by relevant Boards. ...Chair would love to levy$438,000 in fine. Chair stated that he thought that we would probably upset more people than we pleased if Sprint all of a sudden shut down all of it's cell towers , Mr. Tryder said oh they won't, let's get real - they won't shut anything down. PB stated that they didn't want anyone to think that the Town would actually get$438,000, because with all due respect it's probably not going to happen. Mr. Tryder stated that he didn't think it would happen, because this Town won't go after it. PB stated that if the Planning Board embroils the Town in a lengthly legal case, it may end up costing us $550,000 to get the$438,000. Chair stated that the Board has directed Town Planner to resolve the situation and that he's more concerned about getting the permits. He's sure that this will elicit a lot of comments from the cell phone companies. Mr Tryder continued to argue various points concerning the Town's reluctance to take on the Cell companies and continued to reference health issues. The Planning Board explained that we can not judge any cell applications on health issues. We have much legal reference and direction that that will only lead to lawsuits that will have to be defended by Town Consul and result in many dollars to the taxpayers. The Board welcomed Mr Tryder to come back and argue to his hearts content,but we have to move on to other business.. Planning Board Minutes of the Meeting June 26,2007 Page 5 6 Mr. Tryder again interrupted by stating that there is an issue as to where these towers are placed. In Mr Tryders opinion it is often not the best place, and it goes against our Town bylaws. (He sited the current setback bylaws) He stated that the Planning Board is just making an excuse to placate the Cell phone companies. He believes that the Town has a perfect opportunity with expired permits, to let the Cell phon committee do their job to find where these towers belong, and enforce it. He stated, "You're saying to them we would renew your permits under the current conditions before the committee has a chance to do its job and let them all in under the wire." He stated he is against that course of action.The Chair noted that the proposed Committee is just that, a committee that will make recommendations, the Planning Board is the regulatory body. They will have no jurisdiction. They can only recommend Bylaw changes. Chair stated that Mr Tryder's comments were duly noted,but what Mr Tryder may not know is that we are not even sure if the provisions of the bylaw, as its written, are even enforceable. Chair stated that you're asking us to enforce something that may or may not even be enforceable. Chair isn't willing to spend the Town's money to find that out. Mr. Tryder stated that we have clearly attached those requirements to the Special Permit clearly and they have signed them. Agreeing to do that. Mr Tryder stated, "What are we 3rd graders here?" Chair commented, "Would that it could all be that easy." It isn't that easy. Mr. Tryder interrupted stating that the fact that the town hasn't enforced anything does not excuse it, and it should be looked at. Chair stated that he recollected that one company told us flat out that they were not going to renew any permits once it was originally approved and that if we wanted to challenge them we could go to court and challenge them. The Chair urged everyone to understand that there are a lot of issues here. PB stated that if you think about it, every other kind of Special Permit that we issue , and we do hundred's of them over a course of a year, all run with the land and they don't have a term. If you think about a SP with a term it's almost like a license. It is what it is. It's not even a land use concept. PB should not be in the licensing business. It's food for thought for your committee. A Special Permit thathas a time limitruns counter to what a Special Permit really tries to control. Mr. Tryder argued that Town government passed it and the Atty. General approved it so how can it have no bearing. To hear the Planning Board speak about concerns over a legal defense means that the cell companies can walk all over the Planning Board and that's what the Board is letting them do. Chair stated stop, you're going too far, no one is walking over anybody, we have a job to do and we have certain constraints that we have to do it in, and frankly he's tired of the cell phone lobby, pro or con, beating up on the PB when they have very little control over the citing issue. We do the best we can within the constraints we have. It does you no good to Planning Board Minutes of the Meeting June26,2007 Page 6 stand up there and insult this Board, and I'm sorry, but we are not going to hear any more of this this evening. I am sorry for being curt,but we can only do what we can do. Mr. Tryder spoke out from his place in the audience that, "You can also be sued too." PB asked for a point of order. "Did you just threaten us?" Mr Simon asked? Mr. Tryder then statedThat he was just stating a fact. The citizens can get an attorney and go after the Planning Board/Town for not enforcing the bylaw. PB stated that's different from what you said. Be careful about what you say when you want to bluster. Walter Soule asked to speak. His interest is in this wonderful Town which has a tremendous amount of capability for telecommunications already in place and has been for years. We do everything from satellites to whomever and cell phones are the issue. He can speak to the Mill Hill application (300 Chestnut St.) is it appropriate at this time? He was advised by the Board that Weare not at that point on the agenda yet. Mr. Soule stated that he would like to talk to a higher issue of safety. Chair asked if he could wait until he calls the public hearing. Mr. Soule stated the he would be going home soon. Chair stated that he would like to go home too. If we just hear everybody, we will all end up staying until 12 o'clock. We need to follow the agenda. Mr. Soule stated that when he was on the ZBA he would hear meetings until at least 1 o'clock in the morning. Chair stated that he would like to change that. Chair gave Mr Soule 30 seconds to explain his issue. Mr. Soule stated that the zoning bylaw, also has to do with safety. Basically he was concerned about the age of the antenna. He looked at the information submitted by the applicant, studies, etc,but he thinks the antenna has been there 60 some odd years. Safety is an issue if you're going to keep loading up that antenna. Chair thought that they put up a new antenna a while back. Mr. Soule stated that maybe they did. Chair stated that they would have to address the issueof safety. Mr. Tryder argued that the PB was excusing something before the Cell Phone committee was appointed. The last Town Meeting formed a Cell Phone Committee to rewrite the bylaw. The cell tower applicants will all come in under the wire. The Chair again noted that Town Meeting created a Committee to make recommendations that will later be brought to Town Meeting and voted upon. The yet to be formed Committee has no legal standing and the Town can not Planning Board Minutes of the Meeting June 26,2007 Page 7 I wait for a year or more to deal with permits and applications. The Town did not vote for a moratorium, we only formed a committee. Jennifer Gaiss, 79 Kara Drive, stated that during a Nor' Ester one of the guide wires snapped, she was in her home and determined that it was coming from the back and the wire was whipping around. Chair stated that in the bylaw there is a fall zone it should be twice the height of the tower. Chaair again stated that the PB cannot make a decision based on the radiation/health issues. Current zoning does take care of the fall down zone. Discussion Item: 7. Mr. Seng Ea, 163 Turnpike Street,house located on corner of Peters Street and Turnpike Street. Planning Department sent a letter to Mr. Ea advising him to cut the grass. Applicant did not answer to letter. Lincoln called the applicant to discuss the issue and the applicant then cut the grass. Chair stated that if the property is not maintained as PB called for in the decision then PB will revoke the Special Permit. PB is pleased that Mr. Ea did what he did but keep up the property from now on, Chair called for Continued Hearing: 8. Angus Realty Corporation (Butcher Boy) — 1077 Osgood Street, Map 35, Parcel. 27 - Site Plan Review Special Permit & Watershed Special Permit to permit construction of parking lot expansion area and associated storm water management system within G-B Zoning District. VHB submitted view, applicant submitted revised plans. Lincoln stated hat VHB did final review dated 6/14/07. All drainage conditions have been met and answered. Lincoln submitted his review but these edits should not hold up the PB tonight. The Town loves Butcher Boy,but PB would have conditioned the decision so that the trailer situation would never have occurred. . Easement on property needs more details. Is ita utility easement? Create table-showing vegetation on the property via height etc. Rick Bartholomis, Engineer, will show this on a modified plan regarding additional tree planting? Landscaping is very nice this year, so when PB completes the project it will even be better. Mrs. Yameen will definitely make the landscape pretty. Trailer issue? This has not changed, there is still a tenant in any space that might be utilized. Until BB evaluates what it will take to convert the space and until the space is freed up, the trailers will have to stay. Mrs. Yameen wants to get the parking lot issue done first. Chair said PB would like to resolve this issue. If the Yameens' haveideas then PB will work with them to resolve the trailer issue. If you are short of dimensional relief then come to PB for help. Lincoln stated Gene Willis reviewed the material and had questions. VHB provided a thorough review. Applicant to provide a maintenance and storm water plan, such as what PB did for Treadwell's did, Applicant submitted an emergency response plan in their application. Staff to draft a decision until the next PB meeting and keep this public hearing open until next PB meeting of July 17th. Mr. Yameen wants the public hearing closed tonight? Yvonne Yameen stated that why didn't staff give Mr. Bartholomis the review before tonight? Get the modified plan Planning Board Minutes of the Meeting June 26,2007 Page 8 to Lincoln well ahead of time and close the public hearing and vote on this at the July 17th PB meeting. Frank Ragonese, 1939 Great Pond Rd, was present . He built a new house 3 years ago, and he was before the PB. The PB gave him a SP w/conditions. He sees what is happening next door with the Yameen's and it's an exception to the rule. Yameen's put in road drain and drained it thru the wall on the surface of the land. Con/Com made Butcher Boy fix this problem. They plow their snow in the resource area in the wetland. They had a Con/Com meeting and were told to truck snow off the site. Chair said PB didn't ask questions about snow removal, some of the older conditions didn't contain all of the newer conditions that PB is using now. Mr Ragonese asked what does PB do about enforcing these conditions? Staff goes out to site and gets the situation fixed. Chair does what they can to help abutters on all projects. Mr. Ragonese said Butcher Boy does whatever they want and they get away with it. Butcher Boy stores gasoline on site and fills up excavator equipment on site. They did not mark a fire lane on their lot. Why was it not marked a fire lane, as it is a part of the PB condition? Chair stated that after the decision is issued from that point forward the staff would tell the zoning enforcement office about the violation. Mr. Ragonese wants everybody to play by the same rules on a level playing field. Chair stated if we had a monitor on every single project in town he's sure there would be many violations posted. He queried a ramp being constructed in back of the building, Rick Bartholomis stated the ramp is on drawing C-4 in the rear of building and existing doorway to retail units. He wants to install a small ramp to dolly material thru the doorway. Are they cutting down trees on Great Pond Road? Will there be additional tree plantings to hide the lot? When PB sees the final plan, that will be incorporated. The issue of the land court challenge is still pending. Chair stated Town Attorney and Zoning Enforcement Officer said there is no legal standing at all in original documentation pertaining to the issue of the trailers. In all future decision the PB takes these kind of things into account. Issue is now closed,but was not addressed 15 years ago. Chair called for Public Hearing: 9. Sprint Spectrum L.P.—300 Chestnut Street—Modification of a Special Permit installation of a 7' — 6" x 10' (8' high) versaflex equipment cabinet into existing tower compound. Nine new panel antennas w/antenna centerline of 130' —0" on existing lattice tower within R-3 zoning district. Lincoln gave an overview of the application. Attorney Ricardo Sousa presented tonight. He was here on behalf of the applicant Sprint Spectrum LP and its affiliate Nextel Communications of Mid-Atlantic, Inc. . He handed out a supplementary brief he prepared in addition to the application that was submitted by Mr. Dellman. He stated that he was asked to get involved in this application somewhat late in the game and since the filing he's been able to file a more comprehensive brief addressing different points in the bylaw. Pianning Board Minutes of the Meeting June 26,2007 Page 9 9 Chair stated let's see if we can shortcut this. This 300 Chestnut St. modification of a SP have you submitted your renewal application? Atty. Sousa stated that he has not been able to Iook into whether or not a renewal application has been submitted he can do that. He has learned this evening that is what is required. Chair asked if the recording secretary could recollect if this one had been submitted or not? Secretary stated that she could not recall. Chair stated that in all fairness we would hear this application this evening but if you go back and find that you have not submitted your renewal application we will not hear any additional public hearings until the issue is rectified because we cannot hear a modification to a SP that technically is in violation. Chair asked if this was ok with the PB. Mr. Tryder stepped forward and stated that if it's in violation and expired,how can you modify a permit that has expired. Don't you have to go thru the process again? How can you renew something that expired? Chair stated that whatever the process is, we have to go thru the process before we can hear this modification. On second thought the Chair stated that the PB probably should not hear the application until we determine if the Special Permit is still in force. Atty. Sousa stated that he was happy to allow for a continuance in order to do that research and he's amenable to waiting until the next hearing before this Board takes action on this application. Chair asked for a letter requesting a continuance waiving the time constraints. A form waiving the time constraints was signed and submitted by Atty. Sousa before the close of the meeting tonight. Atty. Sousa stated that he would like to present a brief summary tonight. He introduced France Pierre who is a radio frequency engineer for Nextel and Sprint. Last year Sprint and Nextel entered into a merge of companies whereby they are continuing to build two networks. One main network for Sprint customers and one for Nextel customers. Technologies are so different that they are not able to utilize the same equipment; they are not able to utilize the same antennas or the same cabinets. That being said they have entered into a consolidation project whereby they are trying to consolidate their installation to try to utilize the same structures the same RAD centers where the antennas are located in the same compounds to service their customers from that one location. In this case, there is an existing guide tower on the subject property. Chair asked Atty. Sousa to bring the plan of land a little closer to the podium. The nature of this existing tower is that Sprint was granted a SP and a Site Plan approval by this Board in April of 2000 to install up to 9 antennas at the height of 130 feet. Together with outdoor equipment,cabinets at the base of the tower in the configuration depicted. (pointed to site plan). Planning Board Minutes of the Meeting June26,2007 Page 10 Chair asked, "Didn't someone come in and have an application to replace the tower because it was aging? Lincoln stated that he believes it was to add additional antennas to the existing site itself. Mr. Tryder stated that it was to replace the Tower and this Board denied the replacement. Chair stated that doesn't sound right. Atty. Sousa stated that he was not familiar with that application and he would agree to do some research. Lincoln stated that it was denied by the ZBA. Atty. Sousa stated that it might have been a different property owner he leases space on this Tower for his antennas. Chair asked if Atty. Sousa could find out because he's sure that there was an application approved by this Board to approve the replacement of this tower. Board needs to know dates to find out whether or not they did it. If they didn't do it is the application still valid or has it expired? Maybe it was shot down by ZBA? Can't figure it out right now. Atty. Sousa stated that the nature of this application is to remove the 6 antennas that are located at 130 feet, even though the SP allowed them to put up 9 antennas, to this date they haven't needed to install all antennas because of the capacity issue, we just don't have the demand for it right now in that area, so they are proposing to remove the 6 antennas that are at that RAD center at 130 feet and install 9 antennas 3 of which will be for Sprint network and 6 of which will be for Nextel's network. At that same location where you approved 9 antennas we will once again install 9 antennas to service two carriers and to service two customer groups since they are now under on umbrella for Sprint customer and Nextel customers. The other modification is to install an outdoor equipment shelter adjacent to the existing cabinets. All of these changes will be within the existing fence compound and they are not adding any additional height to the Tower, installing it at the same location that this Board approved at 130 feet and also installing their equipment at base of Tower within fence compound. If you look at the bylaw there is at least an argument that this could be done by right. Section 8.9 3-A allows for if they are not extending beyond the SP itself then this type of modification may be reviewed on a by right basis. The nature of the brief that he is submitting tonight suggests that this could be an argument that this Board takes in the alternative he has also applied for a modification to the existing SP to allow for these modifications. PB stated that you're in front of us, and the issue is just speculation at this time. What about the addition at the ground level? What are we talking in terms of height and just square footage? Atty. Sousa handed out a copy of the plan. Atty. Sousa stated that the nature of Nextel's equipment needs is that when he first started to work for therm 4 to 5 years ago, they Planning Board Minutes of the Meeting June 26,2007 Page 11 required a 10'x22' shelter, over time technology has allowed them to use a much smaller shelter this proposed shelter is 7 feet 6 inches wide and 10 feet long and 8 feet tall. The plans themselves on page A-3 have the dimensions of that equipment shelter, it's a self- contained elfcontained shelter all of our radios and computers are inside of that equipment shelter . PB asked what's the premiter of the fenced in area? The compound area area itself`? Atty. Sousa stated that he's not sure that it's delineated on the plan only because we were not proposing to alter it in any way. Board is trying to paint a picture of what is out there. What type of fence surrounds it? Atty. Sousa stated it was a wooden fence. Atty. Sousa apologized he has not had a chance to study the plan. Chair stated that it says chain link fence with barbwire. Sheet A2 shows a description of the fence. PB asked is there any screening outside, how close to the nearest house. Atty. Sousa is amenable to placing screening outside the fence if that is something that the Board feels is suitable. Chair asked if this is electrically powered? Is there an onsite generator that kicks in incase of a power failure? Atty. Sousa stated that they have a battery backup there is no onsite generator proposed. What's this emergency generator receptacle? Atty. Sousa stated it's a generator plug so we can roll up a generator. If this Board deems that it's not permissible to never have a generator on that location then we would be amenable to that he does have a battery backup. Chair stated that he thought this was not in the original decision, as he would have picked up on that. Check into this because the thinks that we wouldn't want to hear a generator up on top of a mountain going 24-7. If you have the battery back up then maybe you won't need the generator. Atty. Sousa stated that he's amenable to a condition that would not allow us to have a generator on site. Chair wants this entered into the record and provide the information that Board member Simons is asking for. Check and see if something went on outside of the Board that prevented the new tower from being put up. Chair stated that there is an area that they do have jurisdiction over and that's the safety of the Tower itself. If it wanted to be replaced a couple of years ago because it was getting old, he remembers them telling us that and if it wasn't replaced is there a safety issue? Planning Board Minutes of the Meeting June 26,2007 Page 12 Lincoln stated that there is information in the packets regarding the structural analysis of the Tower and according to the information submitted thus far it seems to be structurally intact. What other companies have antennas on that Tower? Atty. Sousa stated that Cingular has an installation on the Tower as well. Board stated that in the bylaw they have always strongly stressed collocation. If in fact, the integrity of the Tower structure itself were an issue they want to know how many other companies are going to be affected? Lincoln stated that the application was submitted to VHB for a structural integrity review. Steve Tryder spoke again about the issue of electrically powered systems. He noted that the bylaw states that there has to be an acoustic reading done on these, so they must make noise and they do make noise, and if you go up there then you will hear the noise. This is going to add more noise. According the bylaw that was quoted here, where it says about modifying the permit, it says that if any equipment is added (Modification Section 7 of the Bylaw) "A modification of a wireless service facility may be considered equivalent to an application for a new wireless service facility and will require a special permit when the following events apply. " The applicant wants to add any equipment or additional height not specified in the original design filing and the second part is a change in technology used for the wireless service facility. I'm sure these antennas are not the exact antennas that they are replacing. Chair stated that what you just read was conditioned as MAY be considered, not IS considered. Mr. Tryder stated it says will require. Chair asked Mr. Tryder to read the first sentence again. Mr. Tryder read the first sentence again"May be considered. Chair stated"Maybe considered if the following conditions........." Mr. Tryder is urging the PB to consider that. Chair stated that they are pretty familiar with the bylaw, Mr Tryder does not need to really read it to the Board. Mr. Tryder interrupted, "Well I don't think so from what I've heard, the question is are they electrically powered, and things like that don't make me feel too confident about it. Also the fact that you don't know that the Town denied a new tower back in 2001 because it was a non-conforming use and it couldn't be in a residential district so they offered to tear it down and build a new one and it was denied. Planning Board Minutes of the Meeting June 26,2007 Page 13 Chair stated that it was at a different Board than this one. Mr. Tryder stated, " I don't know". Mr. Tryder stated that when you go to look for records, you can't find them. Mr Tryder has researched them thoroughly over the past year and a half. He can't even find the initial permit. He asked Lincoln to give him a copy of the SP that was originally issued to Sprint and they don't have it. He asked for copies of any renewals of permits that have taken place in the Town and they don't have it they don't know where to find it. Chair stated that might be because because no one has ever renewed a SP. Mr. Tryder stated exactly, and he doesn't think it's funny, he has to live here.Mr Tryder continued to speak about the incompetence of the PB and the Town. PB asked if Mr. Tryder is trying to influence the PBand get us on his side. Mr Simons asked, " Are you trying to get us to agree with you, or are you lecturing us?" Chair stated, If we are all buffoons here, and we have been doing it for 20 years, why aren't you sitting on the PB, why don't' you get on one of the committees and try to do something about it? Mr. Tryder stated he doesn't think that Mr Simon's and Mr Nardella's comments were appropriate;he's a citizen and a abutter to the property. Chair stated, I am sorry,but I have to defend this Board. Board member Simons stated that he tried to be calm and cordial and fair but what he finds is that Mr Tryder is condescending and disrespectful. Mr Simon's added that, "As best as I can tell, you're not trying to convince us, you are trying to lecture to us." Mr Simon's said he would appreciate it if Mr Tryder would, "Make his argument, because believe me I've been on this Board for a long time and I pride myself as taking an even handed approach to these issues and like to address these issues on merit." Mr Simon's noted that Mr Tryder is doing his case a big dis- service, because in fact you are antagonizing us. Please stick to the facts and stick to the points and don't tell us how stupid we are. Mr. Tryder argued that he's making corrections to misstatements. Chair stated that Mr Tryder is giving his impression of misstatements. Chair understands legalities, Mr Tryder started off the sentence by MAY and then made a presumption that everything-else that followed was a certainty, so you need to be correct when you quote content. The PB is doing the best that we can. Please stick to the application in front of us, the Board would like to leave before midnight. Mr. Tryder stated that he knows the Board is doing the best they can but to make a decision you need to know the facts. You're going to rely on the telecommunications company that wants to be in there and everything they give you without looking at the history and the facts of the Tower. Board member Simons asked, "Are you suggesting that the SP doesn't exist, that it was never submitted? Or are you saying that we can't find a record of that and we should document that? " Planning Board Minutes of the Meeting June 26,2007 Page 14 Mr. Tryder argued that the original SP can't be found at the Planning Dept, his next argument is that this is an expired permit it is not a renewable permit or a modified permit it is an expired permit and it needs to start over from scratch. Board member Simons stated that that was a fair point. Mr. Tryder stated that's his main point is that we need to go back and look at the entire application. He thinks that the Town has had issues with this whole placement of antennas. Board member Simons said let's stick to the facts in front of us and not get into a lot of public policy, he picked up on two things, one is that we should find the original permit and 2nd these legal entanglements should be discussed with Town Counsel. Mr. Tryder argued that you're bending over backwards for the cell companies. He lives in a neighborhood and we have to look at this ugly thing. Now we will have to see more and more things added onto it,he's concerned about health issues, but we can't argue about that. Board member Simons asked was the ugly thing there before you moved in? Mr. Tryder stated yes it was. Board member Simons stated then you knew it was there. Mr. Tryder argued that he was told that it had nothing on it and that it was not an operating tower. Board member Simons stated, but the ugly thing was there then. Mr. Tryder argued that it effects his property value, if you have a choice between moving into a house... Chair stated we can't go there because we have an application in front of us and that' all we can deal with. Chair stated he was sorry and it's frustrating.. Mr. Tryder argued we can't discuss property values? PB said it's not germane to the issue. Chair gave an example by asking how big Mr. Tryder's house is? Is it a 2,500 s.f house next to a 3,500 s.f house, then that 3,500 s.f house guy thinks your house brings down his property value. Board member Simons stated that there were two things that were raised to find the SP and we have to deal with this expired issue. Lincoln had a copy of the SP tonight. Lincoln stated that he wanted to make one point that Mr. Tryder identified a very systemic problem that's occurring with our entire division and thank you for identifying that. Planning Board Minutes of the Meeting June 26,2407 Page 15 Mr. Tryder argued that he's been trying to work with the Town and he's been very frustrated and when he comes in here and things are being decided without records it makes him feel very uneasy . Board member Simons asked has anything been decided yet? I Mr. Tryder said no. l Board member Simons said then don't jump to conclusions. Lincoln stated that he's identified a systemic problem that he's trying to rectify and Town Meeting identified a new committee that is going to be formed to address the bylaw and if the committee decides to address the issue of filing and filing requirements we'll address this as we go along. But to patronize us in front of a public hearing is not necessary, we are working to rectify the situation going forward and we are discussing this issue of zoning and working to rectify the situation and nothing's been decided tonight. We opened up a public hearing to discuss the issue no one has been influenced by anything, we're doing our due diligence to review the records that have been submitted to us. Please allow us to proceed to go forward and let us go through our process. If you have any questions about that come talk to us, come talk to the Board but don't patronize us. Mr. Tryder argued that he doesn't like being patronized either but if he brings up holes in information and if people feel very defensive about that then that's your issue. He feels like when you bring up something that's missing people get all upset because you pointed out something that isn't there. Board stated that when you are saying to us we should do this and we should do the other thing when we are prevented by law from doing that, then you're not sure of your facts. When you are lecturing us then we take strong objection to that. Chair stated that in land use lave you can't affect the cure or even discuss the cure by unless you sendthem a letter putting them on notice. Mr. Tryder argued did the Board know that letters were already sent in December by Curt Bellavance notifying these people that they had not been producing reports that they were supposed to submit on a yearly basis and that none of them responded? Chair stated yes he was aware of that and he expects that he will get the same response having to do with the renewal application. We can only do what we can do. Lincoln stated that this is a situation that we are trying to rectify.. Mr. Tryder argued that he's asking for time but as soon as we started the whole issue about wireless it was all right we're going to send out a 30 day letter that doesn't give us any time. Planning Board Minutes of the Meeting June 26,2007 Page 16 PB stated that you're asking for time but the wheels move very very slowly. You are going to study it and you can't implement any of the changes in the bylaw before next year's Town meeting, quite frankly, we're not going to be waiting that long. Chair stated that he was opposed to this Committee at Town Meeting,because as Chairman, I cannot and will not allow a Committee to usurp the authority of PB. It's a committee to make recommendations. It's not a governing body,keep that in mind please. If you are going to recommend changes to the bylaw then that is your prerogative Any citizen can do that but the changes to the bylaw must be voted on by the people at Town Meeting. Zhang Honglang, 480 Chestnut St., stated that he's outside of the 600 feet area. He's worried that the PB will rush to make a decision. He worked for Nokia so he won't argue a safety issue. When making a decision take the safety issue into account. Sprint and Nextel serve the same customer and place them on one tower to get great coverage. He's encouraging co-location of dual carriers when designing for use on a Tower. He wants the PB to hold up any SP applications for now. PB explained the time constraints to the applicant and that if the PB holds up any applications and don't bring in a decision within a certain period of time then the applicants wins by default. There is a new committee and Chair urges Mr Honglang to join the committee. A PB member will also be on the committee. The new committee will advise direction. The PB issues SP as they are the SP granting authority. The PB hopes that the committee will make great recommendations that we can listen to and change the bylaws. We will go to Town meeting and advocate for change,but right now we have a job to do in a limited field in which to do it. We must do the best we can do. Chair will continue the petition, but in the meantime look into the issue of renewal before we can rule on a modification. Atty. Sousa stated he would provide answers to some of the questions of tonight. Mr. Tryder argued that he never said anything disrespectful. The PB is interpreting that on their own,because they didn't know the answers. Chair called for a Brooks School drafted decision: 10, Brooks School, 1160 Great Pond Road, Map 90C, Parcel 25, & Map 103 Lot 28 — Site Plan Review Special Permit and Watershed Special Permit in R-2 zoning district. Proposed construction of a 29,447 s.f. +/- two-story Science Building and freestanding greenhouse. VHB submitted a review on 5/23107. Applicants engineer sent revised plan on 5/23/07. PB made the following edits for a Site Plan: reduce the bond from $15K down to $1 OK, put in decision to add digital documentation but for filing purposes kc e one set of plans someplace. Start construction right away. Motion by John Simons, 2° by Jennifer Kusek Planning Board Minutes of the Meeting June 26,2007 Page 17 to approve a Site Plan Review Special Permit for Brooks School as amended this evening, vote was unanimous. 4-0. Motion by Richard Rowen, 2nd by John Simons to approve a Watershed Special Permit with the following condition: see deed restriction, no other comments, vote was unanimous 4-0. Approve the Minutes of the Meeting of June 5,2007 Motion by Jennifer Kusek, 2"d by Richard Rowen to approve the"Minutes"vote was unanimous 4-0. Motion by John Simons, 2"d by Jennifer Kusck to adjourn; meeting adjourned at approximately 9:55 pm. UPCOMING PLANNING BOARD MEETINGS: July 3, 2007--------CANCELLED July 17, 2007 August 7, 2007 August 21, 2007 Planning Board Minutes of the Meeting June 26,2007 Page 18