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Planning Board
Elected or Appointed
Robert Halpin
Town Manager
May 3, 1999 �'
Planning B
• Established under Ch. 41 of Mass. General Laws
•
Duties
— Administer Subdivision Control Laws - assure that
adequate roads and utilities exist to serve
development
— Community Master Planning
— Zoning By-law - establishment and amendments1
— Site Plan Review for consistency with Zoning By-
law
Planning Board
• Five (5) Members and One Alternate
• State law specifies five ( 1 ) year terms - one
vacancy per year
• North Andover Charter
— three year terms
— appointed by Town Manager
— Selectmen have 14 days to disapprove
NESWC Site Plan Review
• The NESWC facility is allowed as a matter
of "right" under the Zoning By-law
• The site plan review process is limited to
imposing "reasonable terms and conditions"
on the otherwise permitted use.
• State law preempts many local zoning
decisions relating to solid waste facilities
Site Plan Review
• Is the plan for the permitted use consistent
with the specifications of the Zoning By-
law?
— Parking, access roads, site distances
— Impacts on public services, infrastructure,
environmental, unique and historical resources,
etc.
May impose conditions on a permitted use.
Site Plan Review
• In addition to being a Permitted Use under
the zoning by-law
• The project being reviewed claimed to
improve emissions and therefor would have
a positive impact
• Planning Board sought a recommendation
from the Board of Health as to whether this
was true.
Board of Health
• Five meetings during Summer of 1998 at
which proponent made presentations
• Town' s technical consultant attended all
meetings
• Environmental advocates attended all
meetings and made counter-presentations
Technical consultant advised Board of
Health
Technical Consultant
• Air Emissions Standards will be stricted than
present
• Technology exists and is functioning elsewhere
which will meet the standards
• Project will improve the environmental
performance and impacts of the plant
• Board of Health issued a report and
recommendation to Planning Board
Planning Board Conditions
• Planning Board turned to imposing the
toughest set of conditions possible
— real time monitoring of emissions through PC at library
— More frequent emissions testing during first year of
retrofit startup
— Significant event criteria for automatic shutdown
— Condition prohibiting incineration of sludge
— Truck routes included in all contracts
— Additional monitoring and truck route enforcement
funds
Conclusion
• Planning Board had no authority to deny a permit
to a permitted use - denial would be over turned
• Used its talents to impose additional, tough permit
requirements and conditions
• Appointment process assures quality in future
• Selectmen supervise Town Manager appointments
• Let' s keep a good thing working