HomeMy WebLinkAbout2007-11-06 Planning Board Minutes DRAFT -NOT APPROVED YET— pORTy
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7 TOWN OF NORTH ANDOVER
8 PLANNING BOARD
9 Minutes of the Meeting
10 November 6, 2007
11 Town Hall, 120 Main Street
12 7:00 PM
13
14 Members present: Richard Nardella, Chairman
15 John Simons, vice Chairman
16 Alberto Angles, Clerk
17 Richard Rowen,regular member
18 Jennifer Kusek, regular member
19 Timothy Seibert, alternate member
20
21 Staff present: Lincoln Daley, Town Planner
22 Mary Ippolito, Recording
23
24
25 Chairman Nardella called the meeting to order at approximately 7:05 PM and introduced the
26 panel to the assembly.
17
28 CHAIR ANNOUNCED THERE ARE NO POSTPONEMENTS FOR TONIGHT'S
29 MEETING.
30
31 CHAIR CALLED FOR THE FOLLOWING DISCUSSION ITEMS:
32
33
34 1. Alliance Imaging, 100 Andover Bypass,Map 25,Parcel 79.Wavier of Site Plan Review Special
35 Permit to reuse of existing building/structure totaling approximately 18,135 sq. ft. for a proposed
36 medical company.
37
38 Chair stated this applicant is proposing to move into an existing building, applicant is not changing
39 the footprint,doesn't require more than 5 parking spaces and it's a business use. Chair advised Town
40 Planner to use his discretion and approve this proposed waiver in-house. Somebody is moving out
41 and somebody is moving in, and it's an office building. Chair said only bring this in front of the
42 Planning Board if it generates 5 or more parking spaces, and if it's an allowed use, don't bother to
43 bring it to the PB. Motion by JK to grant a waiver from a Site Plan Review Special Permit, 2°d by AA
44 vote was unanimous 4-0.
45
46 2. Teri Almquist, Bikram Yoga Merrimack Valley, 43 High Street, East Mill Building., Map 68,
47 Parcel 10. Construction of a yoga studio within the existing East Mill Building.
48 Lincoln stated this proposed Yoga Studio consists of 4400+s.f., it's a change of use from Industrial
49 use to a service use. It's not going to generate more parking than presently exists. Chair stated he
50 wants Town Planner to use his discretion and approve this kind of waiver in-house, Lincoln stated
Planning Board
Minutes of the Meeting
November 6,2007
Page 1
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1 that the Building Inspector reviewed this project and found everything to be in conformance.
2 Motion by JK to approve a waiver of a Site Plan Review SP,2❑d by AA, vote was unanimous 4-0.
3
4
5 3. H&S Realty Trust,Bruce Hughes,9 Winter Street,Map 103,Parcel 20. Bond release for a Site
6 Opening bond totaling$1.,000 (plus accrued interest)and Watershed Special Permit bond totaling
7 $2,000 (plus accrued interest)for the construction of a single-family residence. As-Built and letter
8 from engineer submitted. Lincoln stated this is the last buildable lot on Winter St., and was a
9 difficult area to build in; surrounded by wetland and swamp area. Constructed private driveway
10 approximately 14 feet wide and catch basins,there was a stonewall located on the property
11 previously,however, catch basins were put in there instead. Motion by AA, 2nd JK,to release all
12 remaining money for a site-opening bond for 2K. Motion by AA,2"d by JK,to release all remaining
13 bond money for a Watershed SP vote was unanimous. 4-0.
14
15
16 4. Stephen Smolak,425 Waverly Road,Map 22,Parcel 130. Bond Release for a Site Opening
17 bond in the amount of$10,000 (plus accrued interest)for the construction of a 4-unit residential
18 dwelling. As-built and letter from engineer submitted. Lincoln stated this project is completed.
19 Motion by AA, 2nd by JK,to release all bond money,vote unanimous. 4-0.
20
21
22 CHAIR CALLED FOR THE CONTINUED_HEARiNG(_S_)
23
24 5. Sprint Spectrum L.P.,300 Chestnut Street,Map 98C,Lot 1.Renewal of a Special Permit for
25 the operation of an existing wireless communication facility within the R-3 zoning district.
26 (Continued from October 16, 2007).
27
28 Applicant responded to Town Planner's memo and submitted required information,Lincoln stated
29 that applicant meets all requirements under 8.9 and applicant submitted a plan showing all properties
..'30 within 300 feet of lattice structure and provided information to the PB for review and comment.
31 Lincoln recommended closing the public hearing and draft a decision.
32
33 Chair asked if there was as application to replace this tower a few years back?
34
35 Lincoln stated in 2001 applicant approached the Building Department for a building permit to replace
36 the lattice structure. During this period of time there was a discussion as to the process for applying
37 for a Special Permit. This went thru a series of discussions with the ZBA and this fell thru. This
38 went in front of the PB for permitting to place 9 panel antennas and possibly to replace existing
39 structure. Atty. Sousa was asked to research this issue.
40
41 Attorney Ricardo Sousa stated he talked to Sprint who said at one point they were considering
42 replacement of the tower with a new structure,but got community opposition so any changes to the
43 tower itself was abandoned.
44
45 Chair remembered that the PB approved a Special Permit for the reconstruction of a new or
46 modification of an existing tower.
47
48 Lincoln stated that in 2000 the PB voted to allow installation of a wireless facility and 9 panel
49 antennas&associated cabling,utilities and existing structure.
50
51 Chair asked if safety issue was looked at regarding the tower?
52
Planning Board
Minutes of the Meeting
November 6,2007
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1 Lincoln stated there is a structural analysis of the existing tower. See memo from Lincoln to the PB
2 regarding structural analysis dated Oct. 26, 2007 stamped by Robert O'Dare, Structural Engineer.
3
4 Please note: John Simons arrived at 7:24 PM.
5
6 Chair asked how long has the tower been there? Since 1958 and was used as a radio
7 communications tower then the tower had wireless devices attached to it at some point in time.
8
9 PB reviewed the standard information. Lincoln noted that on page#16 an annual submittal
10 requirement was submitted in compliance w/FCC for 2003 thru to the present time.
11
12 Chair asked what the new policy is regarding the State? State doesn't need to be notified anymore,
13 because the State has been brought into line with the Federal standards.
14
15 Atty. Sousa stated at one time an applicant did have to fill out an application with the Department
16 of Public Health for every site, however,pursuant to the current policy,now it is no longer required
17 as the applicant only has to file w/FCC.
18
19 Certifications for 2003 to the present have been presented by Atty. Sousa.
20
21 Chair asked if somebody were to ask for backup to this data,what would you give us?
22
23 Atty. Sousa stated the following:
24
25 1. Calculations made by Sprint relative to FCC requirements on radio frequency omissions. There
26 are calculations to make sure that we don't exceed that threshold level and if we don't then we
27 don't have to file with FCC. There are calculations to make sure that we don't exceed the
28 threshold levels,this information is provided in part#4. See#5 we always file a FAA filing for
?9 every installation in this case we're not exceeding the height of the tower itself, it's 152 feet we're
30 going at 130 feet we're actually installed at 130 feet so we're not exceeding the height of the
31 existing structure. There is already an FAA approval in place now for the tower structure itself.
32 We comply with all FCC standards. Atty. Sousa stated that we provided you the certification that
33 we have complied with the standards of the bylaw.
34
35 Lincoln stated that a survey map is to be reviewed now. It shows dimensions of different structures
36 around the radius of the tower in the area.
37
38 Atty. Sousa stated that he has provided the standards following the bylaw,which permits
39 installation of wireless antennas on existing structures. Antennas are not subject to the fall zone as
40 this is a pre-existing,non-conforming structure. Tower is less than 152 feet; there is nothing in the
41 fall zone. Applicant is asking for waivers,part of this meeting is to provide these waivers to the PB
42 tonight.
43
44 AA looked at the structural analysis report the essence of it states that it meets Mass building code.
45 This evening's submittal from an application dated 1999 but it shows the 300 feet and shows the
46 existing houses at that time.
47
48 Chair stated the tower itself is at 152 feet so there is nothing in the fall zone.
49
50 AA per submission of this report it addresses all of the previous items that were not previously
51 addressed,
52
53
Planning Board
Minutes of the Meeting
November 6,2007
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1 See the listing of waivers at the end of Lincoln's memo to the PB to be discussed by PB at tonight's
2 meeting.
3
4 AA stated there are a few waiver requests.
5
6 Lincoln stated a good deal of the waivers are covered under the original filing.
7
8 JS stated that if there is no fundamental difference in the use then it's almost a pro forma thing.
9
10 Board agreed that they had originally waived the information in the beginning.
11
12 Chair stated that Planning Staff recommendation is to close the public hearing tonight and direct
13 staff to draft a decision.
14
15 Chair asked for comments from the audience.
16
17 Melissa Alaimo, 49 Kara Drive spoke, she's lived here for 15 years. Was told that the tower is a
18 small one and she'll be safe. Town thru this neighborhood under the bus due to lack of water so
19 neighbor's house burned down; instead of a small red tower this is a larger silver tower now. Her
20 residence is in front of the tower so she doesn't see it. Is there any chance this is causing harm to
21 her children? Has the Town gotten any rental money for the past 8 years from the tower?
22
23 PB stated this is a private structure. She was told that"you guys"were supposed to get rental
24 money from this tower?
25
26 Chair stated no it has nothing to do with the Town.
27
28 Her cousin is in this business and came to look at it and thought this tower was horrible how close
7)9 it is to the houses? Ms Alaimo doesn't know if she's breathing trouble and if we don't have to
30 add to this tower it would be great. She's been thrown under the bus with the house burning
31 down and she grew up in a town of 800 people and this never would have happened. Is the Town
32 paying for the permits thru children's health?
33
34 Chair stated he couldn't speak to the house burning down but that certainly was an issue.
35
36 She stated that it was something that you guys all knew about.
37
38 Chair stated obviously nobody knew about it because once the Fire Dept, got to the fire there was
39 no pressure.
40
41 JS stated that under the law the PB has a limited amount of jurisdiction, PB has no purview to
42 deal with health issues. PB has to follow the law as it is written.
43
44 Ms Alaimo stated this issue went to the ZBA in 1999 and that you guys over ran it. She stated that
45 "it's easy to site North Andover"and that scares the heck out of her. She asked are we an easy
46 town? Are we paying for this with our children's health?
47
48 Chair stated that we're an easy town for good and proper applications. Yoga Studio in an existing
49 mill building, does that have something to do with the health of our children?
50
51 Ms Alaimo said if the children see their parents working out then it will make the children want to
52 work out.
53
Planning Board
Minutes of the Meeting
November b,2007
Page 4
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1 JS stated that he respects Ms Alaimo's view and understands her point you have to understand that
2 under the law we only have a limited amount of jurisdiction. We had no purview under any law to
3 deal with health issues and have a very limited jurisdiction. PB is obligated to follow the law as it
4 is written, if we were to do some of the things that you would suggest that we do we would be
5 arbitrary and capricious and we would lose in court.
6
7 Ms Alaimo asked please don't do this because we don't know the damage down the road?
8
9 JS stated it's the Federal Communications Law that trumps anything as we have very limited
10 citing authority and if you look at our bylaw it probably is as aggressive as any community around
11 has. This is not within our mandate or jurisdiction to deal with health issues.
12
13 Chair stated that when the Telecommunications law was passed that tower started to have
14 applications cell phone accessories attached to it. This Planning Board approximately 12 years
15 ago took tons of testimony concerning health risks. Engineers told the PB that a.BABY COM
16 emits 25 times more RF radiation than a cell phone tower does. Microwave oven emits 100 times
17 the dose of RF radiation than you get from a cell phone tower. People didn't come to the meetings
18 and see what the PB did 15 years ago.
19
20 Federal Government set the standards that the PB/Towns have to live by. The State isn't even
21 involved any more in this matter.
22
23 Atty. Sousa stated that 6 antennas are on the tower now. This application which is currently in
24 front of the PB is to add any additional antennas,we are going with 6,then Atty. Sousa would like
25 to swap out some antennas and add an additional 3 antennas that will comply with all of the
26 standards enforced in the bylaw including radio frequency emissions,that will be done after this
27 process. This is to preserve the existing antennas that are on the tower now. Atty. Sousa
28 submitted a revised report from an independent consulting firm showing the emissions fully
?9 comply with RF emissions showing they fully comply w/FCC standards regarding health.
30
31 Atty. Sousa stated that the issue of this being an easy Town to renew a Special Permit: he stated
32 that he's been working with this Board,Lincoln and Mary for approximately 6 months just to
33 renew what's there now. Your Town has extensive regulations,pages and pages in the Bylaw of
34 dealing with just wireless antennas,which is much more than any other Town's have. Atty. Sousa
35 thinks that this Town preserves the rights of the citizens better than many other Towns. What is
36 safe for your family? Atty. Sousa stated the FCC has taken a lot of time to look into this issue and
37 there is a tower located next to his house and he feels the FCC standards are very high and make
38 him feel safe.
39
40 Ms Alaimo stated she feels that he's been thrown under the bus again. Chair asked if there were
41 any more comments from the audience.
42
43 Mr. Tryder, 386 Chestnut St., stated this application was noticed in the paper for this meeting as a
44 renewal, and it is not a renewal,the permit expired 4 years ago, it doesn't matter if it is going on
45 the same equipment,this is a brand new application,and that makes this meeting illegal{for the
46 record}to say that this is illegal. As a new application the PB doesn't have authority to call a
47 hearing,this application doesn't comply with our current bylaw and needs a variance in order to be
48 approved. This should be heard by the ZBA just as Cingular had to do to years ago. Any decision
49 now by the PB will be legally invalid. #3 of our bylaw, P5, setback under#1,it says a minimum
50 setback of 600 feet shall be required for all wireless devices,antennas and their mounting
51 structures whether attached to a new or existing structure as measured from the adjacent property
52 line which are either zoned for/or contain residential and/or educational uses of any type.
Pianning Board
Minutes of the Meeting
November 6,2007
Page 5
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1 Paragraph D#2, Scenic landscapes and vistas our bylaw states wireless service facility shall not be
2 located within openn areas,visible from public roads,recreational areas, or residential development.
3 SP may be renewed under the same criteria as the original SP provided that the application for the
4 renewal of the SP is made prior to the expiration date of the original or any renewed SP. This
5 permit expired 4 years ago and it does not belong at this meeting at this point. After the ZBA
6 hears it and provides information then it should come here for Site Plan Review. For the record
7 Mr. Tryder will legally challenge this if it goes any further.
8
9 Chair stated that the PB has responded to all of those comments before. There are provisions in
10 the bylaw that would not be enforceable if someone chose to challenge that bylaw. It's in the best
11 judgment of Town Counsel and the PB that we follow the path that we are on now. Chair stated if
12 this was a new application then PB would try to work w/600 foot setback in the spirit of the bylaw,
13 but because we're judging this to be a renewal it's a pre-existing,non-conforming structure.
14
15 Mr. Tryder stated I don't think you heard what I read out of our bylaw, it is not a renewal, it's
16 expired, your argument does not hold,this is not a renewal and that's just a fact and this is an
17 illegal proceeding. He knows who wrote the bylaw and he knows when it happened. Mr. Tryder
18 stated this is an illegal proceeding.
19
20 CHAIR STATED FOR THE RECORD,DID YOU HEAR ME SAY THAT THE BYLAW AS
21 WRITTEN IS PROBABLY NOT ENFORCEABLE UNDER THE ADVISE OF TOWN
22 COUSEL?
23
24 Mr.Tryder stated it is enforceable, he has researched the Telecommunications Act and it does not
25 preempt the Town froze setting standards from where the Towers are located. You can not
26 prohibit them or ban them from the Town but we have every right to enforce that bylaw,but we're
27 not even getting into that here, we're talking about Town protocol and what qualifies to go to the
28 ZBA and what qualifies to go to the PB. Mr.Tryder stated that be made it clear that this is a ZBA
?9 issue at this time,
30
31 Chair asked if the Board had any comments? No further comments from the audience.
32
33 Motion by JS to close the public hearing tonight, 2`1 by AA, vote was unanimous. Staff to draft a
34 decision for review.
35
36
37 6. Edgewood Retirement Community,Inc.,575 Osgood Street,Map 36,Parcels 3, 17, 18, and
38 Site Plan Review Special Permit and a Special Permit Modification to construct 27 new cottages&
39 greenhouse and new 20-foot wide roadway with individual driveways to access cottages with the
40 R-2 zoning district. (Continued fr-onz October-.16, 2007).
41
42 Chair called for Edgewood to explain just the new distinct changes to the project.
43
44 Lincoln stated the applicant wishes to withdraw without prejudice tonight. He also reviewed
45 overlay drawings, the master plan conformance, etc. Since the last time that Edgewood came
46 before the PB they created a new simplified plan, less units and no violation of setback
47 requirements. Submitted overlay plan to PB with an overview of the changes incorporated into the
48 project.
49
50 Stacey Furlong of Linbeck gave a presentation on the changes to the plan.
51
52 Chair called for the applicant to submit in writing to withdraw without prejudice. PB needs to
53 follow the process and they cannot really be talking about another application until a withdrawal
Planning Board
Minutes of the Meeting
November 6,2007
Page 6
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Rev mary's edits 11/21/07
1 without prejudice is submitted. Atty.Lavoie submitted a written request to withdraw without
2 prejudice.
3
4 Upon a motion by AA to allow the applicant to withdraw without prejudice 2nd by JS,vote was
5 unanimous.
6
7 JS stated that the ZBA denied a variance request(this did happen) except that you're not going
8 back to them for that same variance. Applicant needs to legally advertise if this is not to be
9 considered a repetitive petition. Notice a public hearing and make a determination that this is a
10 new modified application.
11
12 Chair stated that for the record we have 4 permanent members present tonight and one alternate
13 member tonight. Chair stated that what the PB is asked to do is to take a vote that the new
14 application is technically not a repetitive application.
15
16 Lincoln stated that there are actually changes that have been made to the plan,which will be
17 submitted. PB stated that they didn't deny the application because applicant withdrew it without
18 prejudice.
19
20 JS read a letter from the ZBA outlining what the procedure requirements are to constitute a
21 repetitive petition. JS stated that the PB couldn't make a formal decision about repetitive petitions
22 tonight, it won't happen because it has to be legally noticed.
23
24 Lincoln stated the significant changes to the new plan. Issue of repetitive petition was discussed
25 w/PB &Atty. Lavoie see Section 16 of 40A he submitted 1965 case in Billerica stating reason this
26 is not a repetitive petition. Attorney Lavoie is going to the ZBA to rehab an existing milk barn.
27 Atty.Lavoie stated he worked with the ZBA on this issue and this 2nd application is not a repetitive
28 petition application.
�g
30 Please note Richard Rowen is present at 8:18 pm.
31
32 Chair advised Town staff to send a letter to the ZBA that this will be noticed and PB would rule
33 that this application is not a repetitive petition and PB is pleased with the Edgewood application.
34 Motion to direct staff to write a letter to ZBA expressing PB course of action. Motion by AA, 2nd
35 by JS vote was unanimous 5-0.
36
37 Stacey Furlong did a presentation of the overlay drawings and showed the original plan, had 5
38 units area B, 8 units in area A, setback requirements now only 7 units in A. Planting more trees,
39 changed size of units,modified entire site plan. Only variance from ZBA is required to rehab milk
40 barn.
41
42 Applicant will legally notice and will be placed on the December 4, 2007 PB meeting.
43
44
45 CHAHt CALLED FOR THE PUBLIC HEARING(S):
46
47 7. Danielle & David Dellovo, 5 Village Way, Map 104C, Parcel 111. Request for a Watershed
48 Special Permit to construct garage, house additions, deck and pool R-1 Zoning District. Received
49 VHB review 10/31/07.
50
51 Lincoln stated this is a new application in the Watershed. Ben Osgood Jr.presented this project,
52 which is adjacent to the Smolak Farm area. Mr. Osgood stated the wetland area is located at the
53 rear of the property; there is swamp and beaver activity. This was created in the early 80's; when
Planning Board
Minutes of the Meeting
November 6,2007
Page 7
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1 they built the road so it's a pre-existing lot and located within the non-disturb zone and non-
2 discharge buffer zone therefore, subject to a Special Permit application. Two-tear bylaw system,
3 lots that were in existence at the time that the bylaw was written has a 75-foot conservation zone, a
4 150-foot non-discharge zone, and 325 non-discharge. This has a 100 foot non-disturb zone and a
5 325 foot non-discharge zone because it's a lot that was in existence at the time they re-wrote the
6 bylaw. All work is proposed outside of 100-font non-disturb zone. So we're in the non-discharge
7 zone so we worry about storm water runoff. Applicant proposes to add an addition to the existing
8 house, garage and finished basement. Current garage will be converted to finished space and a
9 pool, addition of an eating area, expansion of deck and basic yard work all occurring in the non-
10 discharge zone. Control the runoff in order to not pollute the lake. Propose catch basins in
11 driveway to catch runoff coming from driveway and will run into infiltrator and put gutters on new
12 addition and run that thru infiltrator also and it infiltrates the runoff so their isn't a substantial
13 increase in the runoff, "No fertilizer"is to be conditioned to help with the environmental aspects
14 of the project.
15
16 Chair asked is it a two-entrance drive? Mr. Osgood stated yes, garage is located in front of the
17 house. Chair asked put another drive on existing drive? Mr. Osgood stated yes, extend driveway
18 on side and have a new garage on the side of the house. Total s.f. is a 3,000 s.£ addition or 25%of
19 existing structure and it's taking place in non-discharge zone.
20
21 The existing home was built on this property by applicant's mother as a family suite, rearranged
22 this project to give applicant's mother more space. Increase in storm water, driveway runoff into
23 catch basin. No oils will drip;they will be in catch basins. There is a 4-foot existing pathway,just
24 kind of sits there.
25
26 JS asked is any existing drive going to be removed? Mr. Osgood stated no. Garage will be
27 converted to living space. Will applicant put in gravel or pavers instead of impervious surface?
28 Purpose of the landscape wall located is to keep the grading out of the 100-foot buffer zone. Area
29 slopes and grades down about 6 feet so at the pool area there will be a retaining wall.
30
31 Chair stated look at language of pool in other decisions, what kind of filter will be used in pool so
32 no discharge into wetland area will happen. Look at Marbleridge Road decision.. No chlorine.
33 VHB did their review. PB will keep this open until next PB meeting. PB will address staff
34 comments then.
35
36
37 CHAIR CALLED FOR DISCUSSION/UPDATE:
38
39 8. Wireless Service Facility update to be discussed by the Planning Board.
40 Special Town Meeting-November 27,2007 at the North Andover High School. Proposed
41 Town Warrant Article to establish a temporary moratorium on issuing,modifying or renewing any
42 Special Permit for wireless communications faculties, including towers, antennas and related
43 equipment.
44
45 Tim Seibert gave a brief update on the progress of the Telecommunication Committee's activities
46 and stated that the Committee is looking at other Town's bylaw, i.e.; Concord, Westin,to redraft
47 our Town bylaw and working on definitions.
48
49 Chair stated that the issue of renewal seems to be indicated from Town Counsel that we(Town)may
50 not be able to have people come in and file new applications.
51
52 Chair wants the Committee to be sure to create some things that are enforceable, apart from
53 definitions, come up with something and show to Town Counsel for advice that it's enforceable.
Planning Board
Minutes of the Meeting
November 6,2007
Page 8
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1
2 Lincoln stated that the Committee is looking at existing coverage areas in Town and trying to locate
3 areas in Town where towers are not now covered. PB could possibly deny application based on
4 coverage area. Our Town is pretty much maxed out here. There will be changes in towers as
5 technology advances.
6
7 JS stated we might not see any freestanding towers any more. Locate cell towers on Town owned
8 property to gain revenue. Issue will be reengineering and/or replacement. PB hands are tied to a
9 degree from telecommunications act, whatever is located on towers.
10
11 AA asked would Committee fix the setback issue in the bylaw?
12
13 Tim said starting on page 1 of the bylaw is this something we want to let stand or fix it? License
14 renewal issue, we don't have renewal SP it becomes a license.
15
16 Tim is to come up with ideas to convey PB comments to help construct something that won't get
17 thrown out by Town Counsel.
18
19 Lincoln stated there would be a Special Town Meeting on November 26, 2007. PB will have their
20 meeting on Nov. 201''to either support or not support the temporary moratorium article. Issue of
21 members on the Cell Tower Committee are proponents of this moratorium? Make sure every
22 Committee member gets copies of this, and Tim will ask if everyone has seen what Town Counsel is
23 telling PB.
24
25 Tina said he's reluctant to bring issue of moratorium up to the Committee.
26
27 Chair said fair enough. Make sure Mr. Tryder gets Town Counsel's information and not the entire
28 Committee.
19
30 PB discussed the language in the temporary moratorium.
31
32 Tim said this moratorium doesn't go away in May 08 because the wording in the article is opened
33 ended. This then has to go to the Attorney General for adoption or if it's not valid.
34
35 Our Town Counsel is not working on this moratorium issue other than the memo Atty. Urbelis wrote
36 to PB.
37
38 Butcher Boy appeal discussion;
39 Lincoln stated the PB received decision from Butcher Boy the trailers were deemed structures and
40 they have to be moved,
41
42 Assessory structures,no storage of food or no operation of a trailer is to be written as an article for the
43 May 08 Town Meeting by PB.
44
45 Representative for Greenery Site discussion:
46 Jennifer Kusek was nominated as the PB representative to join this committee? Lincoln will find out
47 when these meetings will take place. Committee will be made up of BOS,police, local land use
48 boards, and community development.
49
50 CHAIR CALLED FOR APPROVAL OF THE "MINUTES".
51 Minutes for the following Planning Board Public Meetings:
52 October 2, 2007
53 October 16, 2007
Planning Board
Minutes of the Meeting
November 6,2007
Page 9
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1
2 Motion to approve the Minutes of October 2 and October 16,2007 by AA, 2nd by JK, vote unanimous,
3 Minutes approved.
4
5
6 UPCOMING PLANNING BOARD MEETINGS:
7
8 November 20,2007
9 December 4, 2007
10 December 14, 2007
11
12
13
14
15
16 Motion to adjourn by AA,2nd by RR, vote was unanimous, meeting adjourned at approximately 9:30
17 PM.
18
19
20 By order of the Planning Board
21
22
23
24 Approved
25
26
27
28
29
30
31
32
33
34
35
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38
39
40 Note: The Planning Board .reserves the right to take items out of order and to discuss and/or vote on
41 items that are not listed on the agenda.
Planning Board
Minutes of the Meeting
November 6,2007
Page 10