HomeMy WebLinkAbout2007-09-18 Planning Board Minutes Jnnjfqr's edits 9/28/07 0 -d,
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5 TOWN OF NORTH ANDOVER
6 PLANNING BOARD
7 Minutes of the Meeting
8 September 18, 2007
9 Town Hall, 120 Main Street
10 7:00 PM
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12 Members present: Richard Nardella, Chairman
13 John Simons, Vice Chairman
14 Alberto Angles, Clerk
15 Richard Rowen, regular member
16 Jennifer Kusek, regular member J
17 Timothy Seibert, alternate member
is
19 Members absent: none
20
21 Staff present: Lincoln Daley, Town Planner
22 Mary Ippolito, Recording Secretary
23
14
25 Chairman Nardella called the meeting to order at approximately 7:10 pm and introduced the
26 Board to the assembly.
27
28 Chair announced the following postponement:
29
30 POSTPONEMENT
31 Sprint Spectrum L.P.,300 Chestnut Street,Map 98C,Lot 1. Renewal of a Special Permit for the
32 operation of an existing wireless communication facility within the R-3 zoning district. Applicant
33 submitted a waiver of time constraints.Postponed until October 2, 2007 PB meeting.
34
35
36 Chair called for the following discussion items:
37 DISCUSSION:
38
39 Franz Ingelfinger,Trustees of Reservation. Herbicide Applications at Weir Hill Reservation.
40 PB decided that they didn't want to sanction this because they wanted to hear this information at a public
41 forum first. Mr. Ingelfinger brought in the contractor who will apply the herbicides. Mr. Ingelfinger
42 wants the Planning Boards guidance relative to our Town bylaw regulations regarding herbicide and the
43 watershed. Trustees of Reservation want to apply herbicides in the General zone of the Watershed
44 Protection District and in the buffer zone(handout for the record).
45
46 Mr.Ingelfinger stated that the chemicals would be applied in order to retreat sprouts and hickories, there
47 are .2 acres located in the buffer zone. Within the Non-disturbance buffer zone they will do invasive
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Minutes
Sept, 18,2007
Page I
Jennifer's edits 9123/17
1 species control using best management practices by the State. Chair wants Franz to explain what these
. . 2 chemicals are made of.
3
4 Chair discussed a letter sent by Mr.Kennedy and his comments regarding 100%no spray zone. Franz
5 stated the area to be treated is outside the 400'zone. Chair wants more information regarding this process
6 in order to get a comfort level. Franz stated look at the white area on the chart that is where Franz will be
7 applying the chemicals. Franz stated that in the bylaw it states that chemicals can be applied. Glyphosate
8 and Triclopyr are the names of the chemicals. Franz stated that this project would evolve into a
9 maintenance plan that will be applied each year.However, the amount required is expected to be reduced
10 each year.
11
12 Alberto Angles arrived at 7:18 pm
13
14 Franz stated that he has been working w/Con/Com and Fire Dept.to deforest the area. Lincoln stated the
15 State has submitted a list of pesticides that should not be used. Franz stated that he would not use any
16 chemicals, which are listed on the State's list.
17
18 AA asked is there a list for surface water?
19
20 Calvin Layton, contractor for the site,was present and stated that he's been licensed since 1971 to apply
21 pesticides. In order for Franz to do what he wants to do he only needs to use the amount of herbicides to
22 kill the plant. Amount required is estimated to be 12 oz.Mr. Layton has a list of"good materials"that
23 were submitted by the State that the State subscribes to which should be used. Mr.Layton stated that he's
24 used these specific chemicals before. The material is very low in toxicity.
25
26 John Simons arrived 7:23 pm
.,,7
28 JK asked how often are the lists updated that contain the pesticides?
29
30 Mr. Layton stated its done on a regular renewal basis.
31
32 Franz stated these are common chemicals used on golf courses and fields in the area.
33
34 TS asked if Mr. Layton was ever restricted from using these chemicals? Mr. Layton stated no. This is a
35 one to two day operation. Franz stated that because a lot of these plants were brought in they are
36 ornamental and have caused an overgrown situation.
37
38 Chair would like Franz to notify PB before the start of the application as to when it takes place.
39
40 PB wants someone from the Planning Department present to watch Franz do the application. Chair will
41 plan to be on site to watch this procedure.
42
43 Chair asked if all of the PB members were in favor of allowing the application as described tonight to
44 take place at t/2 Mile Hill,with limited conditions? All PB members voted yes to approve this request.
45 Chair asked Lincoln to be present on the day the application of pesticides is to be done. Chair stated
46 make the bylaw 5 times more restrictive next year regarding chemicals and pesticides.
47
48 DISCUSSION:
49 George A.Peters,Jr.,6 Water Street,Waiver of a Site Plan Review Special Permit. Proposes an
50 open-air market to sell goods. Mr.Peters wants to run an open-air market at the corner of Water and
1 Main St. Mr.Peters stated this market would be open daily. It's zoned G-B. The current use is a
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Minutes
Sept.18,2007
Page 2
Jennifer's edits 9/28/07
1 residential use. This request will be for a business use. Mr. Peters will still be using this dwelling for his
2 residence also. Mr.Peters had several yard sales and now he wants to increase this because it gives
3 people a chance to walk down town. Mr. Peters wants to bring in local produce to sell. Saturday and
4 Sunday is busiest time. His family lives on the other side of the duplex house. The products will be set
5 up in Mr. Peter's driveway. Now he wants to do this during weekdays also.
6
7 Chair stated PB is advocate of doing business down town.
8
9 Lincoln asked how would there be enough parking spaces available? Is there an agreement w/the bank to
10 use its space? PB is concerned with the look and feel of what will be sold.
11
12 JS is less concerned about the parking issue; however, a fair amount of use might be conducted on the
13 sidewalk on a public way. How would we know everybody in the neighborhood supports this, we should
14 do a public hearing and get abutters views.
15
16 Mr. Peters stated he never places any goods on the sidewalk; there is 2 hour parking on West side of the
17 street, 15 car spaces for 2 hours. He stated that he could sell his goods anywhere because he holds a
18 license to do so and he doesn't need anybody's permission to do so.
19
20 JS stated if somebody runs a yard sale day in and day out that becomes a Building Inspector's issue.
21
22 Lincoln stated that he recommended that Mr.Peters come before the PB for a discussion and review.
23
24 Mr. Peters stated he doesn't want this to be a yard sale he wants to know what the best way will be for
25 him to develop this business. He will not be open the 105 hours that Dunkin Donuts is open.
26
27 RR stated that it makes sense to go thru a Site Plan Review,it my be possible to waive the traffic study,
28 but giving neighbors an opportunity for a public forum is appropriate.
29
30 TS stated are you going to sell things on consignment?
31
32 Mr.Peters stated he would prefer to have veggies, and hand made items instead. He doesn't want this to
33 become a junkyard on the corner. Consignment is not his preferred way to go.
34
35 TS stated Mr.Peters takes immaculate care of his property and this isn't aggress,however,this sounds
36 like if down the road Mr. Peters were to do something more significant with this project then is there a
37 vehicle where the PB can require that the project be reviewed when it gets too big?
38
39 Chair agrees w/JS regarding parking. But Mr.Peters may bump into a parking issue;unfortunately the
40 little island in the road makes it more difficult. Mr. Peters stated that he would like his property to end up
41 as the first N.A. visiting center.
42
43 RR said come back in with documentation and we'll take it from there.
44
45 AA stated he agrees w/RR if you are expanding your use,changing your use,it does need to come before
46 the PB for Site Plan review.
47
48 Chair stated that Mr. Peters needs to submit traffic and people count in numbers estimated for this project.
49 Mr. Peters will come back to Lincoln first with information requested and maybe come back in for
50 another discussion. Mr. Peters can have a yard sale now but don't put veggies out now,but get the
1 information back to Lincoln there is a reason why Mr. Peters was asked to come in front of PB.
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Minutes
Sept. 18,2007
Page 3
Jennifer's edits 9/28/07
1
2
3 DISCUSSION:
4 Paul A.Marchionda,PE.,96-unit, 55+residential arousing project located at Boston Hill.
5 Requesting a one-year extension to the approved Site Plan Review Special Permit that will expire on
6 October 26,2007. (Discussion continued from September 4, 2007)
7 Lincoln stated he asked Town staff to address any issues that might affect the project from going
8 forward as well as his own comments. The major difference in our bylaw is elimination of 8.7 Growth
9 Management Bylaw. Density is below the maximum allowed in Phased Development Bylaw so it's a
10 moot point. Mr.Marchionda provided comments regarding open space bylaw.
11
12 Chair stated that this project changed our bylaw because of the open space on this project.
13
14 Mr. Marchionda stated he delineated the open space and said it's all over the place; there are 18 acres of
15 open space on this particular site. He stated the underground structures could be permitted by PB.
16
17 Chair read Gene Willis' comments(for the record.)
18
19 Mr. Marchionda stated there is no issue w/percentage of curve cut relative to Gene Willis' point
20 pertaining to access into development. The traffic light issue was resolved by moving it 500 feet down
21 the street.
22
23 Chair stated that he wants environmental monitoring slope stabilization. Cutting open a slope causes
24 things to happen. Chair doesn't want to give up this issue and keep this remaining. VHB provided PB
25 with bond estimate and this issue needs to be sorted out before Mr. Marchionda goes any further with
26 this project. Mr. Marchionda wants extension until Oct. 26,2008.
�7
28 AA asked what is your case in order to get the extension approved for another year you have time to
29 begin and complete phase 1.
30
31 Mr.Marchionda stated he wouldn't have started construction in October of 2006;by the time May
32 rolled around the market was on a downward trend.
33
34 JS said it makes sense to give a one-year extension.
35
36 RR asked what would happen if the extension would not be granted? Mr. Marchionda would have to
37 have done phase 1 of the project in order to have the SP substantially take place..
38
39 Chair wants to condition the extension to take any existing condemned structures or articles off the site.
40
41 RR stated that the bylaw actually worked against this project and he wants to schedule this in a time
42 frame that makes sense.
43
44 Attorney Brian Levy was present and explained the"delay factor". In PB decision the PB defined what
45 to do in order to avoid laps in the project that might take place.
46
47 Chair wants to continue this to October 2, 2007 PB hearing. Asked Lincoln to come up with language
48 for the extension and for the rest of the PB to give Lincoln language and conditions for same. Lincoln
49 to send out original decision to the PB so they can draft some language.
50
1 JS stated it is reasonable to put reasonable bounds on this condition/permit.
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Minutes
Sept. 18,2007
Page 4
AnniCer's edits 9x28/07
1
2 RR will not attend the Oct. 2 PB meeting.
. 3
4 Henry Fink, abutter, stated there is a for sale sign located at the front for of Mr.Marchionda's property
5 and he was approached by someone interested in purchasing the property.
6
7 DISCUSSION:
8
9 CVS Pharmacy located at corner of Peters Street&Turnpike Street—issue is to complete the sidewalk.
10 Atty. Thompson is present and stated that he is the Attorney for the previous owner of the property.
11 Owner asked to defer construction until the Eaglewood project was completed it is now completed
12 There is an Easement to run from CVS to crosswalk that is constructed. Atty.Thompson needs a
13 routine letter from the PB to accept maintenance for the sidewalk. There is an easement for CVS to
14 maintain the sidewalk.
15
16 Chair read the PB decision relative to CVS specifically regarding the sidewalk. Chair wants Atty.
17 Thompson to obtain the easement,not the PB,however, what was changed is now part of the State
18 Highway.
19
20 Atty.Thompson submitted a letter for the PB to sign addressed to Patricia A. Leavenworth,P.E.
21 District Highway Director,Mass Highway,which read: "this letter will constitute the agreement of the
22 Town of North Andover accepting sole responsibility as between the Commonwealth and the Town for
23 the maintenance of the above referenced sidewalk when completed".
24
25 Lincoln will sign the letter on behalf of the PB and Atty. Thompson's applicant will build the sidewalk.
26
27 DISCUSSION:
28 Planning Board to nominate John Simons for the Community Preservation Committee. Motion by AA
29 to nominate JS to The Community Preservation Committee, 2"d by JK,vote was unanimous 5-0
30 AA commended John for doing an exemplary job and the rest of the PB agreed.
31
32
33 Chair called for the Continued Hearings:
34 CONTINUED HEARING(S):
35
36 Edgewood Retirement Community,Inc.,575 Osgood Street,Map 36,Parcels 3, 17, 18, and 19. Site
37 Plan Review Special Permit and a Modification Special Permit to construct 27 new cottages&
38 greenhouse and new 20-foot wide roadway with individual driveways to access cottages within the R-2
39 zoning district. (Continued from August 21, 2007)
40 Lincoln stated that the ZBA voted 3 to 2,therefore,the variance was denied. Atty. Levine was present
41 and requested a continuance until the October 161`PB meeting. PB agreed to continue this to the Oct.
42 16th PB meeting. PB asked that a waiver of time constraints run until 12131107.
43
44 CONTINUED HEARING:
45
46 Thompson Brothers Industries, Inc. 210 Holt Road, Map 34 & 77 Parcels 27, 38, 40, & 14. Site
47 Plan Review Special Permit to construct a recycling facility and solid waste transfer station of
48 approximately 39,000 s.f, within I-2 zoning district. (Continued from September 4, 2007)
49 Lincoln stated that the ANR plan was filed. The 5.8 acres in the site assignment will not affect the
50 ANR filing. VHB is doing their best to respond to Engineers questions.
J1
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Minutes
Sept.18,2007
Page 5
Jennifer's edits 9/28107
1 Chair asked PB to go thru site assignment. Phil Jagoda, Engineer, stated he responded to VHB's
2 comments, he addressed everything and supplied additional traffic information in 2006 and counts went
3 down from the previous study.
4
5 Lincoln stated overall this is in good shape for the Oct. 2nd PB meeting.
6
7 Chair asked what are test pit results? Submitted in June to BOH, 2-foot separation based on proposed
8 elevation. Officer Carney,has no issue w/the traffic light, saw no problem w/putting the money in
9 escrow account.
10
11 Mr. Thompson stated that he needs a letter from Mass Highway authorizing the light to be installed and
12 approved by Mass Highway. Every condition in site assignment has to be met or the facility won't
13 open. Mr. Thompson will be putting in a flashing traffic light not a full signal.
14
15 Chair wants that wording put in PB decision relative to how the money is used.
16
17 Mr. Thomson stated that a placard has to be posted in the window of each truck that identifies the
18 approved routes to/from the facility, Chair said make note of this in PB decision. Chair stated this is a
19 650-ton a day plant, and they reduced by 25%. Mr. Thompson gave an explanation it's spread out over
20 additional 4 days and addresses holiday issues.
21
22 Lincoln will wait to hear back from VHB and put them on Oct.2 PB agenda.
23
24 RR what's the relationship coming to the Thompson plant or going to the incinerator? Incinerator picks
25 up a sidewalk material. Mr. Thompson picks up container, cardboard pallets material. Video
76 surveillance will be worked out with police chief,put this in PB decision. Chair asked Lincoln to check
27 w/police station on what improvements should be done at Holt Road up to $500.00. Come back in on
28 Oct. 2n1
29
30
31 CONTINUED HEARING:
32
33 The Parsonage dwelling at Rolling Ridge, 660 Great Pond Road, Map 63, Lot. Watershed Special
34 Permit to begin construction of a portion of the new paved access roadway to the Rolling Ridge facility
35 and driveway to the existing residential dwelling and associated grading work and drainage/storm water
36 management improvements within the R-1 zoning district. (Continued from September 4, 2007).
37
38 Lincoln stated that at the last PB meeting they inquired about storm water facility, water flowing into
39 Great Pond Rd, and location of stockpile on property.
40
41 Gene Willis submitted his written comments. Dan Koravos,Engineer, stated that he discussed w/Gene
42 that he will put in catch basins, he moved high point closer to the road,now Gene is satisfied w/final
43 design. This is first phase of multi phase project. Stonewall will be reconstructed; DPW will review
44 project instead of sending to VHB. Dan checked w/Con/Com and they are satisfied.
45
46 Decision edits: JS pointed out a house located on the plan submitted tonight,there is a zoning violation
47 because applicant cut down trees/landscaping right down to the Iake. Lincoln to find out when this
48 house was originally built? It might be the Elias's property.
49
50 Motion to close public hearing by AA, 2°d by JS, vote was unanimous 5-0.
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Minutes
Sept.18,2007
Page 6
Jennifer'~edits W28A)7
1 Chair wants PB decision to reflect the 660 Great Pond Road address: Mr.Koravos stated that his next
2 step is to go thru Con/Com, after the 10 day appeal period has been satisfied then this project will
3 begin. Make sure all things regarding runoff, stonewall,etc, stockpile area, are incorporated in PB
4 decision.
5
6 Motion by JS to approve 660 Great Pond Rd.Watershed SP as amended this evening,2nd by RR, vote
7 was unanimous 5-0.
8
9
10 CONTINUED HEARING:
11
12 Sprint Spectrum L.P., 723 Osgood Street, Map 35, Lot 23. Renewal of a Special Permit application
13 to allow for the operation of a 100' tall wireless communications facility & associated equipment.
14 (Continued from September 4, 2007)
15
16 Lincoln stated that Atty. Ed Pare was providing additional information to the PB tonight. He submitted
17 the list of waivers tonight they are consistent w/waivers granted in the original SP. No environmental
18 assessment to file w/FCC so requested a waiver. Atty Pare would answer any concerns by the PB
19 tonight. Lincoln stated that the requirements of Section 8.9 of the bylaw have been satisfied and he
20 would like the public hearing closed tonight.
21
22 Chair asked per our existing bylaw does it call for a new renewal date? Yes.
23
24 Motion by JS to close the public hearing,2nd by AA,vote was unanimous 5-0. (Staff to draft a
25 decision.)
26
7
28 Chair called for a Public Hearing:
29 PUBLIC HEARING
30
31 RCG, 120 Water Street & 21 High Street, Definitive Planned Development Special Permit and
32 Site Plan Special Permit. First phase of a multi-phased mixed-use development for conversion of
33 15,000 s.f of current vacant office space and retail uses on ground floor of buildings ##1, 1A, 2 & 3
34 front High Street and the renovation and conversion of approximately 20,000 s.f. of vacant space to 20
35 residential loft-style one&two bedroom apartment units location in the I-S zoning district.
36
37 Atty. Smolak was present and stated that he consulted w/Town Engineer,Police,Building Inspector and
38 Town Planner on this phase of the project.
39
40 David Steinbergh, applicant,was present and stated he's still looking for 15,000 s.f. and 20 units of
41 converted office space off Water St. He met w/Town Engineer regarding parking issue. There are 27
42 parking spaces now,he included street trees, and included a curb crossing on High St. Designed a sign
43 and introduced commercial awnings to store front at street level, introduced some banners, introduced
44 new sign located at entrance of parking lot. He's not asking for a variance right now. He moved
45 around crosswalks. He recognized the new numbers of the address.
46
47 David Giarandra,Design Consultants, Somerville,who is a transportation engineer took a look at trip
48 generation,looked at roadway and width,#from Mass Highway Dept. High St. is 33 feet wide, and
49 Water St. is 30 feet wide East, and 38 feet to the West. He included 8 foot parking lane and 25
50 foot roadway carriage width, added to sidewalk 6 feet, designed bump outs w/Town Engineer,
Planning Board
Minutes
Sept. 18,2007
Page 7
lemifer's eclit�9128/07
1 maintenance, don't want plows hitting bump outs,make sure off-set from roadway. Introduced
2 side friction to slow speed down. Adding catch basins for roadway. Retail generated 920 trips,
3 adjust this w/mixed use development is to have reduction in the trips. 3K vehicle trips on High
4 St. per day. Roadway peeks occur between 7 and 9 per day. Roadway trips for this new
5 development is 750. Working on civil developments down the road.
6
7 Atty. Smolak stated he would come back with a more detailed plan to include the build out of
8 the site in phase 2. He wants to get phase one done which is small portion of the site.
9
10 Chair wants Atty. Smolak to come back in and talk about traffic issue going to Rte. #125
11 cutting to some other roads, 125 thru airport on Sutton St. look at what this will mean for the
12 neighborhood. He has a live tenant who signed a lease for a restaurant. Atty. Smolak will file
13 in October the phase 2 applications. Tables will be placed on sidewalk for streetscape; a
14 courtyard is located behind the restaurant. Closer to Elm St. there will be outdoor seating for a
15 restaurant. There is a potential for a 4 way stop, this will reduce significant speed. DPW was
16 concerned with top of slope in winter months it's tough to plow thru this hill/grade. Now they
17 are only proposing to maintain the two stop signs.
18
19 Chair recommends the PB go into a different direction than a 2 way stop. Chair will be
20 strongly looking for mitigation at this intersection.
21
22 RR how many trips are there now? 750 trips on a daily basis, excess of 3K trips per day on
23 High St. RR is there anything done on Elm St to channel the people further to the left?
?4 Engineer is not proposing a bump out on Elm St. Engineer thinks that striping will be more
25 appropriate.
26
27 TS stated that E. Water St. turns into Rte#125, this road is residential and less traffic than
28 Water St. when you look at wider look closer there.
29
30 AA asked parking and bump outs will this be done on opposite side of High St. Engineer said
31 its 33 feet from curb to curb so if 8 foot parking lane, there won't be necessarily a bump out
32 there. AA asked are you proposing striping for crosswalks? Engineer said just proposing
33 thermal plastic crosswalks.
34
35 Chair wants a planting plan submitted to Lincoln and show the number of trees that will be
36 planted along the side of the street. Chair stated give a more detailed traffic study at the next
37 PB meeting. Over 1 K Parking spaces on site now. Asking for waivers, Engineer has not
38 addressed Section I 1 yet. 1. Waiver from storm water drainage calculations. 2. Waiver from
39 preparation hydrology study. 3.Waiver from preparation of full traffic study. 4. Submit
40 physical impact study or community impact study. 5. Waiver section 4.2 Phase Development
41 bylaw. Address open space issue too.
42
43 JS stated it's not a waiver it's a performance standard it's different, they must comply with it
44 but we'll postpone designating it.
45
46 Atty. Smolak stated identify the general location of open space.
Planning Board
Minutes
Sept. 18,2007
Page 8
Jennirer's edits 9/28/07
f'
1
2 RR stated work w/master plan.
3
4 Atty. Smolak stated under bylaw put something in writing prior to construction taking place.
5
6 Chair asked will snow plowing cause any effect on the streetscape out front?
7
8 Engineer stated no.
9
10 Lincoln stated look at Messina decision for language.
11
12 Chair asked won't residential units overlook where trash is located? David will address this
13 area in the master plan?
14
15 JK stated she wants to see more landscaping than what is currently there for phase 1. Building
16 3 along Water St. where condos are going, is anything being done now isn't there flooding
17 there? David stated"no"because a pond sits above grade and there is a significant slope there.
18 Excessive noise should be screened in case tenants have windows open.
19
20 Issues for Lincoln to address: stop signs, crosswalks -materials to use, landscaping per
21 discussion improve along Water St. and High St. signage awnings issue, revised traffic study
22 incorporates Master Pian too, awnings can't have writing on them? Building Inspector to
23 address this issue.
14
25 Atty. Smolak asked did you want traffic study for phase 2? RR said come in with it for 2"d
26 phase in a month. Atty. Smolak asked to include the entire balance of Master Plan in phase 2
27 then phase this into smaller sub phases.
28
29 Chair stated be careful not to segment this too much. Think about project as a whole.
30
31 David stated the bylaw dictates 7 phases. He's not sure if the commercial building comes first,
32 but he will layout the project in an appropriate way. David gave guidance regarding
33 landscaping architecture; there is color and not just green trees to be shown.
34
35 AA stated that at Harvard Mills, Wakefield, the trees in front were flowering crab apple or
36 cheery blossoms trees and are very pretty, they added something dramatic.
37
38 Chair stated PB is in receipt of a letter from abutters concerning 5' of space with a fence
39 defining a boundary between house and a jungle w/poison ivy.
40
41 David explained this situation, there is a small area but it's not David' fence. David will be
42 happy to walk thru w/abutter and take a look. David will get back to Chair with this matter.
43 Continued to the Oct. 2 PB meeting.
44
45 APPROVAL OF THE MINUTES:
Planning Board
Minutes
Sept. l 8,2007
Page 9
Jea niter's ediLs 9128107
1 Motion by JK, 2nd by JS to approve the Aug. 7 & Aug. 21 Minutes of the Meeting, vote was
2 unanimous.
3 Chair stated that he would get back to Mary on the Sept. 4 Minutes.
4
5
6 DISCUSSION:
7 Tim Seibert gave an update on the Cell Tower Committee. Committee wants to write a new
8 bylaw regarding cell tower, can PB defend a new bylaw? Now they are looking for an Attorney
9 to defend a new bylaw.
10
11 RR stated let's draft a bylaw that's enforceable.
12
13 Chair stated where is there a problem right now? Issue with setbacks of 600 feet is not
14 enforceable. Chair asked what is being resolved?
15
16 1. Health implications/perspective.
17 2. Setback issue to ensure safety of people in community.
18
19 TS said it seems the setbacks that are in mind will cause a conflict.
20
21 Lincoln stated they are based on health implications of towers to health of individuals.
22
23 Chair stated if Curt Bellavance, John Lanen, and Lincoln understand that we are obligated not to
?4 discuss these health issues then why are we letting the committee promulgate a bylaw like this?
25
26 RR stated let citizens of this Town go after the Federal Government themselves. Why should a
27 committee of 12 cost the Town money, let them challenge them but don't make us pay the bill.
28
29 PB is not moving away from issues of people's health and well being, but why should the PB be
30 held to that standard, if the committee is on a different tract?
31
32 Chair stated if a member on a committee is an abutter to any existing tower then that person
33 should excuse himself from the committee.
34
35 TS stated that a committee can only make a recommendation, they are not vested w/power, a
36 committee does not know exactly what procedure matters will be addressed. Have an open roll
37 call vote to see how they voted.
38
39 RR stated that the PB will be sued by lawsuits, if some towers structurally need to be looked at
40 then if structures exceed a certain height then establish a real fall down zone and establish how
41 often tower should be inspected, what goes on the tower is another issue. When Sprint etc. want
42 to put something on a tower this is an entirely different issue.
43
44 Chair stated that the Town should own these new cell tower sites. Applicants need to submit the
45 coverage maps, therefore, that justifies where the area is needed for coverage. Curt and Town
46 Manager should be conveying this issue so it doesn't get out of control.
Planning Board
Minutes
Sept. 18,2007
Page 10
Leanifeis edits 9/28/07
2 Motion by JS to adjourn, 2nd by RR, vote was unanimous, meeting adjourned at approximately
3 10:45 pm.
4
5 UPCOMING PLANNING BOARD MEETINGS:
6
7 October 2, 2007
8 October 16, 2007
9
10
11
12
13
14
15 By order of the Planning Board
16
17
18 Approved
19
20
21
22
Planning Board
Minutes
Sept. 18,2007
Page I I