HomeMy WebLinkAbout2008-08-19 Planning Board Minutes Jen's edits
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4 TOWN OF NORTH ANDOVER
5 PLANNING BOARD
6 Minutes of the Meeting
7 August 19, 2008
8 Town Hall, 120 Main Street
9 top floor meeting room
10 7:00 PM
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14 Members present: John Simons, Chairman
15 Richard Rowen
16 Timothy Seibert
17 Michael Walsh
18 Courtney LaVolpicelo
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20 Member absent: Jennifer Kusek, Clerk
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22 Staff present: Judy Tycoon, Town Planner
23 Mary Ippolito, Recording Secretary
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26 Chairman Simons introduced the panel to the assembly and welcomed Judy, Michael and
27 Courtney as this is the first meeting for all of our new members.
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30 Chair announced the following POSTPONEMENT:
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32 DF Parker Company LLC, 500 Sutton Street, Map 74, Lot 1-B. Site Plan Review Special
33 Permit to permit the construction of a 20,540 s.f two floor masonry and steel pet care facility
34 and a Watershed Special Permit for the construction of a detention basin in the Non-Discharge
35 buffer zone. Atty. Mann submitted a request to be heard at the September 2nd PB meeting.
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38 Chair called for the following discussion: Appointment to Wireless Bylaw Review
39 Committee•
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41 1 Reconstitute the Wireless Bylaw Review Committee with representative from
42 Planning Board and ZBA.
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44 RR stated in 1996 FCC created a bylaw for wireless communications, there was not a bylaw and
45 created a wireless bylaw then. Original bylaw dealt w/Federal law, focused on structures built to
46 support new antenna, if any new telecommunication structure were to fall it had to be safe from
17 the fallen antenna. Emotion entered into discussion, worried people for RF emissions,therefore,
Planning Board
Minutes of the Meeting
August 19,2008
Page
Jen's edits
1 problems. Now the Federal Government say if we meet their guidelines we're ok. Town voted
.2 to put restrictions on where to locate new towers. People misunderstood located antenna in
3 steeple. However,this was in compliance w/bylaw.
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5 PB has authority to approve and deny only certain things. PB is treating this like a license for
6 installing antennas at particular sites. PB doesn't have license authority nor has PB authority to
7 have them renew license every 3 years. Once facility is approved then ability to operate it should
8 remain forever. Established committee,proposed changes to bylaw at 2008 Town Meeting never
9 happened. They created another wireless committee now; wants representative from PB. PB
10 can't go beyond what they are allowed to do. PB sat back for a year allowing committee free
11 reign to do what they need to do, nothing got done, now PB should give recommendations to
12 established committee and tell them here are the issues as current bylaw is written, address them
13 to make things work.
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15 The committee is comprised of 7 individuals, 3 or 4 citizens, and one representative from PB,
16 Curt Bellavance, Judy Tymon, BOS and ZBA. All these members have to be proposed by the
17 BOS.
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19 TS stated that the telecommunications committee came up w/new bylaw in March of 08, then
20 intended to presented to PB, BOS, and ZBA, asking for their united input and supporting them.
21 They ran out of time. First thing committee will do is draft a strategy for the bylaw. RR wants
22 to present his information ASAP to committee. JS agrees w/RR. Somebody should participant
23 in the committee. Does anyone want to volunteer tonight? Meeting takes once a week for a
'4 couple of hours. PB wants to finalize this issue at next PB meeting. Judy to check if PB already
25 has Judy to represent this PB or is it someone else?
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28 Chair called for the following discussion: Request for Waiver of Site Plan Review S ecial
29 Permit:
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31 2 Rohm & Haas Electrical Materials LLC—60 Willow Street Map 98.1), Industrial -1
32 zoning district—Proposed addition 1402 s:£ —to be added to an existing light manufacturing
33 facility. Applicant requests a Waiver of a Site Plan Review Special Permit.
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35 Chair asked if a representative was present tonight? David Bianciballa, was present to represent
36 the applicant. Facility is 51K s.f., approximately 84 spaces on site, looking to expand 1402 s.£
37 within a buffer zone to wetland area. They submitted notice of intent w/Con/Com. Proposing-
38 loading dock in rear,remove pavement on back of site. All set backs are met and meet parking
39 requirements for addition. Want a waiver from Site Plan Review SP.
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41 TS asked about drainage issue? Mr. Bianciballa stated drainage is in accordance w/storm-water
42 handbook and will be reviewed by Con/Com. Runoff will run into french drain and then diverted
43 away from structure. Con/Com has continued their meeting for a project review for the drainage.
44 Adjacent buildings are single story 15' high. Addition will be slightly lower than existing
45 building.
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Planning Board
Minutes of the Meeting
3 August 19,2008
Page 2
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Jen's edits
1 Judy noted concern of the gravel area it's too close to driveway and packed by trucks, wants
2 gravel area moved to where they now have parking.
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4 Mr, Bianciballa proposed 82 parking spaces and 73 parking spaces are required and he can meet
5 the bylaw.
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7 RR asked is interior drainage tied into existing building? What about chemical leaks?
8 Mr. Bianciballa stated there is a spill containment area where any leaks from chemicals would go
9 down in that area and then be cleaned out.
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11 Chief Martineau stated that he already looked at this facility and he's comfortable with the
12 training they got. They have experts on site to work w/Fire Dept. should anything happen. Chief
13 is in support of this project.
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15 JS stated this would be the same look and size of what's there.
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17 Motion by RR to waive Site Plan Review Special Permit with the condition that once they are
18 finished with Con/Com this project still maintains the same required parking, 2nd by TS. Vote
19 was unanimous.
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22 3. Chair called for discussion regardin2 certification of ANR plan for Ruth Nason:
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1.4 Representative from Atty. Shaheen's office was present (she did not give her name). She
25 referenced that Atty. Shaheen sent a letter to Curt Bellavance asking that the plan be endorsed.
26 JS stated the Board wants to talk about the ANR tonight, DPW and PB need answers, issue is
27 applicant can't access over frontage.
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29 RR gave a brief history of this ANR plan that was reviewed by the PB and Lincoln Daley, Town
30 Planner,back in March of 08 when the PB agreed to deny this ANR plan.
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32 JS agreed w/RR issues,but at that time there wasn't much discussion about the ANR and not any
33 discussion w/the applicant. JS wants discussion now and get past the part w/Atty. Shaheen and
34 he wants to solve the problem and deal with the substance.
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36 JS asked do we discuss the previous"Minutes" or deal with the application and how to rectify
37 this issue.
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39 JS noted that no access is available to the frontage of the lot, that's why it was denied. Maybe
40 the State will let you do it but there is a problem getting access. Applicant needs an engineer to
41 comeback to PB to discuss this issue at the next PB meeting or instead discuss the issue w/Judy.
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43 Judy read Gene Willis' memo and listed what the issues were and what needs to be changed71
44 guardrail, driveway, slopes (memo submitted for the record).
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Planning Board
Minutes of the Meeting
August 19,2008
Page 3
Jen's edits
1 Atty. Shaheen's representative stated she is in receipt of Mr. Willis' letter, and stated that the
2 recommendations by Mr. Willis have now been completed.
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4 Judy stated she would be happy to look at this site and discuss the issue w/Town Engineer.
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6 If this gets fixed fast thru Judy then PB won't have to schedule another meeting.
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9 PB presented Alberto with a token of their apl2reciation for the 13 years Alberto served on
10 the PB.
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12 Alberto Angles Jr. was presented w/a plaque in appreciation as a thank you for the dedicated
13 years of service to the Town of North Andover and the Planning Board. Alberto thanked the PB
14 and stated that he was pleased to have served in the capacity as a member of the Planning Board.
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17 Chair called for the following discussion of 43 D extended permittin2 re s:
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19 4 Planning Board comments to be forwarded to the BOS. Discussion with Judy and
20 PB.
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22 Judy briefed the PB and stated that the Osgood Street site is a specific 43D extended site;
23 applicant will receive all permits from the Town within a 6-month period. BOS adopts Rules
`14 and Regs and other boards have to adopt 43D Rules and Regs. Drafted regulations, reviewed it,
25 suggested the applicant has to follow Site Plan Review, and recommends changes to that.
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27 There are procedures for PB to sign off, and PB has to change their Rules and Regs and requires
28 a public hearing in order to do so.
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30 JS wants Judy to draft the changes bring them before the PB first then PB will adopt them for the
31 rules and regs.
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33 RR noted if we put the responsibility on the applicant to submit a complete full application from .
34 the start then the applicant is in and out in a few meetings and the permitting process will go
35 much quicker. Reference Brooks School as an example of how an applicant knows how to
36 submit a complete, full application from the very start.
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38 JS wants Judy do an overview of 40R and the PB will make a site visit.
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41 Chair called for the following discussion of Modification of Site Plan Review for Boston
42 Hill:
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44 5 Paul Marchionda—Modification to Boston Hill Site Plan SP—to Phase 1 - address the
nda's request for a modification for current Site Plan SP for
45 Board regarding Paul Marchio
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46 Boston Hill and address bond issuc.
Planning Board
Minutes of the Meeting
August 19,2008
Page 4
Jen's edits
1 JS gave an overview. This goes back to Dec 2001. PB approved this project as over a 55+-
..2 cluster subdivision for 96 units. Now project has been delayed because of a slow market.
3 Applicant wants to make a modification to Site Plan.
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5 There is now an alternative project to be built on this site.
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7 Mr. Marchionda submitted the approved plan. Litigation held up this project for 5 years. Mr.
8 Marchionda was granted one extension until Oct. 2008. He wants to do Phase 1 demolition of
9 building on site and other minor things. If Phase 1 is sufficient he will then mark the trees for
10 Phase 2, this now protects the Special Permit.
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12 Mr. Marchionda stated a new developer wants to build CCRC and get permits for the bottom of
13 the hill only.
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15 RR asked if new developer gets approved then this cancels Mr. Marchionda's previous project?
16 Mr. Marchionda stated yes. Mr. Marchionda will take out retaining walls and guardrails will
17 come down.
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19 (Give Mary a copy of the revised plan for the file).
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21 Mr. Marchionda will knock buildings down, and clear,but not cut trees down. Reference the
22 Special Permit for wording. Mr. Marchionda is taking it from Phase one and phasing the work in
23 Phase two.
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25 SP bond is $20K and$75K, which is due to the Planning Department prior to construction. "Mr.
26 Marchionda stated that he would post the bonds prior to construction". He wants the bonding
27 reduced if Phase two should come up.
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29 JS stated if we need to schedule a Special Meeting then the PB would do that. JS stated we're
30 modifying a SP for a condition of extending the time, and he wants to do this at a Public
31 Hearing. JS wants this on for Sept 16th,purpose is to modify the SP decision and discuss
32 bonding. JS told Mr. Marchionda to put together a list of what he's proposing to do in order of
33 how he's proposing to do them and to submit a full list to Judy.
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35 Paul will submit application package this Friday.
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37 Chair called for the following Discussion regardin2 size of sign at Little Professionals:
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39 6 Building Inspector is addressing the signage issue.
40 Judy stated that Gerry Brown is holding up the issuing of a certificate of inspection because
41 Brian Leathe, our Building Inspector told the applicant that a temporary sign is illegal, and the
42 Building Dept. won't approve their Certificate of Inspection until they apply for a sign permit
43 w/BOS. Board instructed Planning Staff to send a note to Rick Nardella_advising him of same.
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Planning Board
Minutes of the Meeting
August 19,2008
Page 5
Jen's edits
1 Chair called for the following Discussion re a ding synchronization of lights at Rte. 114
2 Waverle Road up to Peters Street:
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4 7 Response from Police Department submitted to the Planning ,Staff by Officer
5 Carney stating"No they are not synchronized. They operate on a"trip" system. They will stay
6 green for Rte. 114 unless a car comes in from the side street and is detected by the magnetic strip
7 imbedded in the road".
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9 JS instructed Judy to look at the decision and Minutes see if there is anything in the record
10 stating they were going to do certain things. Courtney wants to know if Mass highway has
11 control of the synchronization?
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14 Chair called for the following Discussion regarding request for small modification to 723
15 Osgood
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17 8 AT&T wants to conduct maintenance on their antenna facility located at 723
18 Osgood St.
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20 Judy gave an update this is a minor swapping of existing antennas, and you could only see the 6
21 inch bump out.
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23 Applicant wants to electronically tilt antennas to fine tune reception in area. Existing antennas
?.4 need to be manually tilted. Applicant presented pictures (for the record).
15 TS asked when was tower permitted? Applicant said decision Nov. 14, 2001. Also, a variance
26 granted by ZBA because of color scheme and light beacon on it. It was re-approved Oct. 3,
27 2007. This was originally AT&T, then Cingular Wireless, and it's now operating under AT&T.
28 Applicant said this looks a little different and a little bit bigger. Look at code under#7
29 modification of wireless.......applicant he read it......
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31 Motion by RR that the PB will waive the requirements for a wireless Site Plan Review Special
32 Permit because of the nature of the scope for a minor maintenance of their antenna facility
33 located at 723 Osgood Street, 2nd by TS, vote was unanimous.
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36 Chair called for the following Discussion rezarding Digital submission requirement:
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38 9 Utilize MVPC documentation as alternative media for submission of data.
39 Judy stated she spoke to MVPC, Jerrard Whitten,he will put together language for inversion into
40 PB rules and reqs. for submission purposes. This language is to work w/any SP. Then take it to
41 completion w/as-built. MVPC needs to incorporate information into assessor's files
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43 Each community receives x number of hours. Matt Killeen, MIS, suggested to submit it in PDF
44 format as well.
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46 Please note Richard Rowen left at 8:45 pm.
Planning Board
Minutes of the Meeting
August 19,2008
Page 6
Jen's edits
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2 JS wants the information projected from slides instead of applicant talking at podium.
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4 Get one developer of project to do it as a pilot. Judy to talk w/engineering companies and ask if
5 they can easily do this as a test case and submit in a certain format.
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7 Courtney submits PDF form as much as possible. Judy to check w/the Town of Andover as to
8 how they do it. Courtney said it's a time saver.
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11 Chair called for the following Discussion regarding Bylaw changes/additions for next
12 annual Town Meeting calendar:
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14 10 2009 Annual Town Meeting calendar.
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16 JS stated each year PB takes on a couple of zoning issues and rezoning of corridor districts.
17 Requires tremendous amount of work. PB wants to pick their topics now.
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19 1 Intersection of Rte#125 and Rte#114 next to Bertuccis Restaurant look at this.
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21 2 Revamp down town zoning (along Main Street, &Water Street).
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23 3 Board to suggest their ideas. Judy if you find holes in Bylaw maybe review them.
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25 Town Meeting calendar wants first draft by end of October 2008. Judy stated storm water issue
26 needs to be looked at again. Talk to Atty. Smolak he's volunteered to be PB consultant.
27 Sign bylaw - are there proposed changes? (check what Lincoln had done)
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30 Chair called for the following PUBLIC HEARING;
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32 11 Arthur's Corner Pizza -,1060 Osgood Street—request for Special Permit
33 Arthur's is located across the street from Bella Vita. He got denied 2 years ago,he went thru
34 TRC meeting,he added sprinkler, blinker,more room in parking spaces and more angled
35 parking spaces.
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37 JS explained Arthur wants to hand a pizza thru the drive up window. Chief Martineau stated he
38 reconsidered the previous decision, he advised Arthur that he would say no to his proposal unless
39 Arthur submits a whole new plan with substantial changes.
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41 Chief discuss with Arthur his concerns and Arthur revised his plan of land to contain the
42 following: sprinkler heads were added, distance w/parking was addressed, and they are on angle
43 to make area wider, so Chief now supports the drive up window.
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45 Judy reviewed the plan submitted and traffic study and concluded traffic issues were addressed.
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Planning Board
Minutes of the Meeting
August 19,2008
Page 7
Jen's edits
1 RR asked will people get pizza thru window without tilting it? Arthur said yes,
2 Motion to close public hearing by RR, 2nd TS, vote was unanimous. Judy to draft a decision.
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6 Chair called for the following PUBLIC HEARING:
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8 12 Metro PCS Mass,LLC—451 Andover Street— request for Special Permit to co-
g locate and place 6 panel antennas mounted on brick chimney facade connect to co-axial cable to
10 3 equipment cabinets.
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12 Judy submitted a review of her own and incorporated VHB's comments. Minor issues not
13 addressed, site plan identifying property lines and Andover, outlining existing buildings, security
14 barrier type and extent point of entry, etc. Some other landscaping issues, noise-filing
15 requirement not provided, RFR filing was provided except from Mass Dept. of Health not
16 provided, and Federal Environmental may not be necessary.
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18 Peter Morin, from Boston, and Franz Pierre, Bill McQuade was also present.
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20 Peter Morin presented. This is a co-locate across the street from Bertuccis' Restaurant. This
21 installation is identical to the previous one, he's adding a couple more antennas to chimney, and
22 antennas will not be more than 10 feet higher than rooflinc and chimney structure. What you see
23 now is what you will get when the 6 more antennas are placed on the fagade. Equipment pad on
74 roof is recessed next to existing vent for air conditioning structure.
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26 RR said it's on the same chimneys on same building? Applicant said yes. He submitted revised
27 plans tonight.
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29 Give Mary a copy of the revised plan for the file.
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31 Applicant stated see lease agreement, 7 is the revised plan. Wants waiver from 2-foot plan
32 requirement. Requested waiver for landscape plan. Submitted maximum noise output.
33 Regarding Mass Public Health letter,they don't provide those letters anymore.
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35 Engineer explained where he measures RF emission from. Look at FCC requirement for PCS
36 it's one hundred micro center meter he gets 69....so it's 6.93 of the FCC requirement. They need
37 to be 6 feet away from antenna on top of roof. Way below FCC requirements. All the antennas
38 combined reaches 6.93. Applicant provided a Nepa land use check list.
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40 JS asked once installed do you check it? Applicant said yes because he has to meet the
41 requirements.
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43 Judy noted that future proposed cabinets VHB did not recommend this because of structural
44 capacity?
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Planning Board
I Minutes of the Meeting
August 19,2008
Page 8
Jen's edits {
1 Applicant stated he would make structural applications prior to installing future cabinets. Or, PB
2 could condition the decision as long as a renewed structural report is submitted to the Building
3 Dept.
4 JS wants to keep this hearing open, and draft a decision, as long as there isn't a lot of missing
5 information that the PB would need to make their decision.
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7 APPROVE MINUTES OF THE MEETING:
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9 July 1, 2008 & July 15, 2008. Board will wait for Jennifer before approving the
10 "Minutes".
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13 PLANNING BOARD MEETINGS:
14 September 2, 2008
15 September 16, 2008 cancelled
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18 Judy discussed submitting a letter to the Registry of Deeds to allow Judy to sign decisions,
19 mylars, ANR's on behalf of the PB. Mary check to see if there is a copy of PB authority given to
20 Town Planner to vote.
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23 Motion to adjourn by TS, 2nd by MW, vote was unanimous. Meeting adjourned at approximately
74 9:30 pm.
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28 By Order of the Planning Board
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32 Approved
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42 NOTE: The Planning Board reserves the right to take items out of order and to discuss and/or
43 vote on items that are not listed on the agenda.
Planning Board
Minutes of the Meeting
August 19,200&
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