HomeMy WebLinkAbout2021-06-01 Planning Board Minutes Town of North Andover
PLANNING BOARD
Tues(14E, June 1, 2021(4), 7 p.m., 120R Main Street-NA Senim-Center,North Amlovei-, MA 01845
2 Present: E. Goldberg, J. Simons,P. Boynton, A. Preston, K. Cormier, Assoc.
3 Absent: K. Bargnesi
4 Staff Present: J.Enright
5
6 E. Goldberg,Chairman: The Planning Board meeting for Tuesday, June 1,2021 was called to order at 7 p.m.
7
8 E. Goldber : (Read the Governors Order into the recorcl). This evening is considered a hybrid ineethig; both
9 remote and hi-person. Votes i0ll be recorded(is roll call this evening.
10 J. Enright in person/present): Roll Call: K, Cormier(remote participant), A. Preston (in person/present), P.
11 Boynton(remote participant),E. Goldberg(in-person/present), J. Simons(in-person/present)
12
13 Purstiont to Governor Baker's March 12,2020 Order Suspending Certain Provisions of the OI)en Afeeling Lalp, G.L. c.
14 30A,§18, and the Governor's March 15,2020 Order imposing strict limitation an the number of people that may gather in
15 one place, this meeting of file North Andover Planning Board ipill be conducted both in-person and via remote
16 participation. Vp ecific inforin a do it all d the general guidelines for remote parlicipatio it by members of flee public and/or
17 parties Wilt a right andlor requirement to attend this meeting can be found on the Toivn's ivebsite,at
18 ivivip.northandoperina.gov. For this meeting,inenibers of the public jvho wish to watch the meeting may do so oil their
19 televisions by Tuning to Conicast Channel 8 or Verizon Channel 26 or online at ivivip.tiorilian(lovercaiii.org. In person
20 attendance of members of the public and Board inembers will be permitted and every effort will be made to ensure that the
21 public can adequately access the proceedings in real tine, via technological means.Ili the event That pe are tillable to do
22 so, despite best efforts, roe will post oil the To)vii of Not-Ili Andover ivebsite all audio or video recording, transcript,or other
23 comprehensive record of proceedings as soon as possible after the meeting. If the public ipould like to participate in public
24 hearings bill not attend the meeting in person,please mall your question1continent prior to or during the ineeting to
25 "eitt hLi:torthetitaloveritiar.>oa. The question1conintent ovill be read during the proceedings and responded to accordingly.
26
27 STAFF RE,PORT
28
29 21 High Street,David Steinbergh: Request for Board to allow the Planning Director to approve a Form J for East
30 Mill once all criteria is met(Chair allowed agenda addition).
31 J.J.Enright: East Mill was permitted as a 5 1-unit,market rate building along the pond located to the rear of 21 High
32 St. D. Steinberg, RCG & B. Vaughan, Atty.are in the process of putting everything in order for their building
33 pert-nits. Prior to pulling the building permit,a recorded Form I covenant is required securing the 3 lots of the
34 Definitive Subdivision;the subdivision does not contemplate a new roadway,the existing roadway will be
35 maintained. The decision conditioned establishment of a roadway bond prior to release of the lots from the
36 covenant, The Board agreed to the condition stating, "given the approval proposed roadway involves no new
37 construction,the Planning Board may at its discretion substitute the use, all or a portion of the site opening bond
38 described in condition#40 for the performance guarantee as condition of release of the lots". The site opening
39 bond is a$5K bond.Because the applicants would like to pull their building permits in the near future and the
40 Board does not meet again for regular business matters until 7/6/2 1,the applicants are requesting that the Board
41 consider allowing the Planning Director to approve the Form J once all outstanding items are addressed. They are
42 requesting the$5K bond be approved as the roadway improvement bond as well.
43 MOTION: J. Simons made a motion to authorize the Planning Director to sign the Form J once all criteria are met
44 for 21 High Street,East Mill. A. Preston seconded. The vote was 5-0,unanimous in favor.Roll Call vote: K.
45 Cormier voted yes.P. Boynton voted yes. A. Preston voted yes. J. Simons voted yes. E. Goldberg voted yes.
46
Town of North Andover
PLANNING BOARD
TyestlqE, Juge 1, 2021 C( 7&yt., 120R Main Sh-eet-NA Seiiioi-Cetitei-, Noi-th Amlovet,,MA 01845
47 CONTINUED PUBLIC HEARINGS
48 3 Great Pond Road,Elaine Finbui : Application for a Site Plan Review Special Permit under Article 8, Part 3
49 and Article 10 § 195-10.7 of the North Andover Zoning Bylaw. The Applicant proposes the creative reuse and
50 conversion of the Grange Hall in the Old Center to three residential units,construction ofretaining walls,
51 stormwater management,and creation of associated parking spaces. No exterior alterations are proposed. The
52 parcel is located within the Residential 3 zoning district. (K. Coi�nder 1-ecused)
53 J. Enright: We received a revised plan set at the last meeting which included waiver requests,a stormwater report
54 and a response to the town's engineer's comments. One remaining comment is to conduct necessary test pits prior
55 to receiving their building permit;this is conditioned in the draft decision. Conservation Commission reviewed the
56 application at their 5/26 meeting requesting more in-depth analysis of alternatives to locating the infiltration
57 chamber currently located within the 100 ft. buffer zoric and to do test pits prior to approving the project. Based on
58 this, tile Board may want to hold off,however the draft decision is in your packets. The only new evidence that has
59 come in is from all abutter over the weekend. Suggested this letter be read into the record.
60 E. Goldberg: (React abuffei,leltei,ftoni M. & L. Donovan, 10-12 Johnson 51t-eet into the i-(,coml) Concerns for alley
61 way becoming all unsafe pass thru, retaining wall,parking,trees and screening.
62 A. Caffrey,Atty.: Appeared before Conservation Commission last week. Two concerns they had were(1)the
63 interceptor location and whether it might be moved. The response I saw today was that because of elevations and
64 collection of stormwater, the location as provided is the only logical locus and(2)they want the test pits to be
65 done within the next week;we are attempting to,complete the test pits within that time frame. Abutter references
66 narrow alley between two homes; homeowners would have no rights to pass there. Retaining wall is 4 ft.
67 segmented stone-finish concrete block wall holds tip their ground. It is not visible nor an no eye sore. Only
68 diseased trees will be removed. Happy to provide screening to parking spaces. Prefers Board move forward with
69 decision.
70 E. Goldberg: Board is comfortable with going forward with the draft decision; realizing you run the potential risk
71 if something happens you will have to return to this Board to modify your plans.
72 Board: Reviewed draft Decision;conditioned adding screening plantings(2-4 arborvitaes),reference to historical
73 preservation as adaptive reuse.
74 MOTION: (K. Coiniiei-i-ecused) J. Simons made a motion to close the public hearing for 3 Great Pond Road,
75 Elaine Finbury. A. Preston seconded the motion.The vote was 4-0, unanimous in favor. Roll Call vote: P.
76 Boynton voted yes. A. Preston voted yes. J. Simons voted yes.E. Goldberg voted yes.
77 MOTION: J. Simons made a motion to approve the Site Plan Review Special Permit-Adaptive Reuse for 3 Great
78 Pond Road,Elaine Finbury, as amended. A. Preston seconded the motion. The vote was 4-0, unanimous in favor.
79 Roll Call vote: P. Boynton voted yes. A. Preston voted yes. J. Simons voted yes. E. Goldberg voted yes.
80
81 Annual Town Meeting Zonini!Bylaw Amendment Articles/Planning Boat'd Report:
82 * Article 27,Table 2: Summary of Dimensional Requirements, Corridor Development District 2 (CDD2):
83 Amend lot area minimum,street frontage, and to make them consistent with the text in Article 16,
84 Corridor Development District, 195-16.13 of the Zoning Bylaw.
85 a Article 28,Business 4 District: add Personal Service Establishments to Permitted Uses.
86 0 Article 29, Downtown Overlay District,Historic Mill Area: Subdistrict A: add Personal Set-vice
87 Establishments to Permitted Uses.
88 0 Article 30, Water Protection District: Make Boundaries and Zones text consistent dimensions in Table 1
89 and Table 2, amend cross-references and other minor edits.
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Town of North Andover
PLANNING BOARD
Tties,daV, Jime 1, 2021 Ri, 7p,qi., 120.E Myih Street NA Senior CeWer,North A11(lover,MA 01845
90 Article 31, Sisztl Bylaw: Amend the zoning bylaw to regulate the placement of signs on private property in
91 a content neutral manner.
92
93 DISCUSSION ITEMS
94 Planning Board Report: Revision to Article 31 Sign Bylaw and Final Draft for review and approval.
95 J. Enright: J. Smolak has submitted a letter identifying concerns with the warrant article this weekend. The warrant
96 article approved at the June of 2020 Annual Town Meeting was not updated in the zoning bylaw posted online. 1
97 trust what S.Egan did to start the amendment was to download the online version to use as a base for the proposed
98 amendments. The warrant has already been closed and sent to the printer. To complicate this,the draft as
99 presented proposed to eliminate off-prernisc signs,the definition was struck and any other reference to off-prernise
100 signs was struck, however,what was approved last year contemplated off-premise signs for the 1600 Osgood St.
101 redevelopment. The Amazon sign would be located on Lot A, as opposed to Lot B. Under further review of that,J.
102 Smolak submitted a letter that was emailed to you today and included in your packets suggesting other
103 amendments be included in the Planning Board report to account for this; one of which is to add the dcfinition
104 back. Tile second of which, was to modify language that would still make off-premise signs allowable in a very
105 limited manner; allowing Amazon to move forward under a Special Permit with the Planning Board for a Master
106 Plan Signage. The ANR plan that was approved and recorded shows the sign on Lot A. In the memo submitted,
107 under 195.6.2,there are suggested edits bolded on the screen tonight, (in addition to putting the definition back).
108 E. Goldberg: Wondering if there is a way to simplify this; not say"off premise"signage and give it a new name as
109 part of a Sign Master Plan.
110 J. Smolak,Atty.,Hillwood: Off premise signs would not otherwise be defined under the bylaw. How would you
III describe or define it2 By including it specifically,you are dealing with off prernisc signs in three circumstances
112 with respect to a Sign Master Plan Special Permit which not only applies to this circumstance for the 1-2 District,
113 but also applies to the Planned Development District(2009)and the Downtown Overlay District(2014).The idea
114 was to fix this specifically for the Amazon site because in the language under(D)there's a performance standard
115 that was approved at Town Meeting last year which provides that a Special Permit can be granted by this Board
116 provided the approval is consistent with the purpose and intent of the Sign Bylaw which now includes (D),which
117 means that you should not have off-premise signs. The additional language specifically provides that the signs
118 shall be oil the same lot except as otherwise provided under by the bylaw. The tweaks were meant to be easy fixes.
119 We have a problem with our north access road and will not get our off-premise signage there. This is really limited
120 to the 1-2 and parcels A&B.
121 E. Goldberg: I dislike having an off-preinisc sign definition, if we are saying we don't allow off-premises signs,
122 except where we allow off-premise signs. I don't know the answer to this,your point is well taken. We need to
123 change the language in#4.To make this work off- premises signage does not have a definition. Criteria for
124 allowing it is in the opinion of the Board which talks about not having off-premise signs. Suggests amending
125 (GA).
126 J. Enrk j : There is some time pressure. I need to go to print with the Planning Board Report;the Select Board
127 meets Monday and will want to see a clean article. They are the sponsor of the article and the motion meeting is
128 tomorrow. You could meet for a half hour before town meeting and if you don't come to agreement it could be an
129 amendment on the floor. What is proposed is not worst case; it is logical. The intent is to make it"content neutral"
130 and this more of a policy change.
131 E. Goldberg: I agree with Atty. Smolak, I want to think this through. We don't want to change it next year. Let us
132 vote on what we have now. We needed to revise the bylaw to be current with the law. We could always amend it
133 in the next two weeks if we need to.
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Town of North Andover
PLANNING BOARD
Tuenlay, June 1, 2021 c 7 Vxi., 120R Mifit Street-NA Senior Center,North Antlover, MA 01845
134 MOTION: J. Simons made a motion that the Planning Board's recommendations will be adapted to include the
135 language in Atty. Sinolak's memo dated 6.1.2021. A. Preston seconded the nlotion, The vote was 4-0, unanimous
136 in favor. Roll Call vote: A. Preston voted yes. J. Simons voted yes. E. Goldberg voted yes. P. Boynton voted yes.
137
138 Annual Town Meeting Zoning Bylaw Amendment Articles/Planning Board Report:
139 Article 32, Citizen Petition,Joe Finn and others: Multi-family housing moratorium.
140 J.J. EnrigLtd: Joe Finn is not present this,evening; no new information has been submitted. I have laid out the basis
141 for the Planning Board's unfavorable recommendation for Article 32 in the Planning Board Report. Would like
142 confirmation the Board's support for what is written so that I can finalize and post the report with the updates we
143 just discussed.
144 MOTION: J. Simons made a motion to allow Jean to publish the Planning Board Report, as amended per this
145 evening. A. Preston seconded the motion. The vote was 4-0,unanimous in favor. Roll Call vote: P. Boynton voted
146 yes, J. Simons voted yes. A. Preston voted yes. E. Goldberg voted yes.
147 (AlIpublic hearings related to the articles in the PIcaming Board Rej)ort will be continued until our Ineeling on
148 June 15, 2021 prior to Town meeting]
149
150 MassDOT Rt. 114 Improvement Project: Clarification submission,
151 J, Enright: Northmark Bank and MassDOT submitted clarification emails. I have explained to them that this
152 project is not before the Planning Board and noted they should keep talking with town staff,DPW Director and
153 Town Manager. They should coordinate a site with property owners.Northmark and MassDOT have scheduled a
154 meeting for this Thursday where they will meet together on site.
155 E. Goldberg: The Planning Board and town have worked diligently to achieve a continuous look and feel along Rt.
156 114.
157 J. Simons: Agreed that although the project is not in front of the Planning Board, it would be good to entertain a
158 site visit where we participate; I think there are 3-4 areas where conflict comes into play.
159 E. Goldberg: Suggests a sub-committee be formed to deal with this;don't believe we can do site visits without a
160 project,
161 J. Enright: Will discuss with Town Manager.
162
163 Royal Crest Estates (I & 28 Royal Crest Drive),Trinity Financial,Ain Keefe: Proposed Master
164 Redevelopment Plan for the property.
165 * Summary of general comments/fiscal impact comments—left off on#27 ML Schaalman(pg. 36)
166 0 Discussion related to May 25,2021 site visit for balloon Test
167 J. Enright: The site visit for the balloon test was held 5/25/2 1. Requested the Board share their thoughts on that as
168 well as review the remaining general comments which have not been addressed yet,.
169 E. Goldber : Asked Board members to share their thoughts and takeaways after the balloon test.
170 A. Preston: Never having toured the site, being there was very helpful. I started to envision the development's
171 mass and density and]low that interacts with the surroundings; my concern is not with height of buildings, What 1
172 found most helpful was the various staking of the corners which reiterated my concerns for proper buffering. I am
173 satisfied with what's in place for the Berkley Road and Quail Run neighborhoods. I still have a concern for the
174 dormitory closest to Rt. 114 which seciris very close to the street. Existing trees provide great cover there. I am
175 concerned for the view scape;would prefer to avoid seeing a wall of buildings. The visit was more confirming for
176 me; would like to hear more information about trees to remain and those to be replaced.
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Town of North Andover
PLANNING BOARD
A
Tyes(laE, Jtine 1, 2021( 7 p.im, 12OR Main Street-NA Senim- Ceitter,NoNh An(loven MA 01845
177 K. Cormier: Echoes Aaron's comments. Main consideration is given the 5 story buildings,the frontage along Rt.
178 114 being close to the roadway. A depiction of-what the corridor will truly look like along Rt. 114 is important. It
179 leaves you with a tunnel effect; mock-ups pictures will be helpful to truly see what the development looks like
180 showing the trees and the buildings.
181 P. Boynton: Similar takeaways. Buffering proximity to Rt.114, proximity of the dorms and parking lot to the
182 triangle of residences along 114. Came away with sense of heightened density,after looking at the map,the size,
183 scale and the proxinlities whether it's the town houses to the rear or the dormitories,the hotel,the buildings
184 fronting 114. It dramatically changes the look and feet of the area now to a near urban setting; the scale,number of
185 buildings, density. I am having a hard time seeing how it fits into a New England Town Common village. If you
186 look at the proposed buildings v. the current buildings there is a significant increase in the setback along a portion
187 of the rear of the property which was impressive. It is a large site but this will have a near urban feel if it's built
188 this way.
189 J. Simons: Agrees with Peter's points, There is an almost bucolic element to the property today. What struck me
190 was how open and in scale with everything else the existing property was. It is cleat,to me that when this property
19,1 is built other than the outside buffering,every tree needs to be removed changing the scale and perspective of the
192 property frorn what it is today. Tile Applicant did a good job staking the corners of the lot. Other visuals will be
193 helpful,the density will totally overwhelm what is there today; it is inconsistentwith anything else in town.
194 E. Goldber : The dormitory closest to 1]4 is too close to the roadway and needs to move further inward. The
195 building heights didn't bother me,the townhouses are similar in scale.The drone was the most helpful tool v.the
196 balloon test; stakes were helpful. The proximity to Rt. 1]4 is too close. I would like to see the landscape plan that
197 shows what trees will be removed, compared to what will be put back. This proposal really does change Royal
198 Crest, but isn't that the purpose of this?It's different and will be close to being considered urban yet will have a
199 college campus feel. The retail and buildings will be a smaller scale than Assembly Square. I cannot describe the
200 feel of it yet. This project differs from anything in town. It addresses our 40B issue, not just for our town but for
201 the Merrimack Valley and state.If we are going to build a project Such as this, there are fewer places to do this.
202 People seeking to live here will be looking for this type of lifestyle; I agree it is a little scaly, and it's a little
203 different, it doesn't necessarily go with the rest of our town, it's okay as long as the traffic and wetlands meet our
204 criteria. My issue is with the proximity of buildings along to Rt 114 and to maintain the buffers around the
205 property. I would like to see plans that address the inside of the property,but I came away feeling better about this
206 project, even if it is a little different,
207 P. Boynto : There are appealing aspects of design distraction which will fit in somewhere; Somerville or
208 Cambridge. There is a need for housing, but this suburban town has paid its dues with regard to multi-family
209 housing; we have done a lot. This project is overwhelmingly different for this town.
210 E. Goldber :! That is a fair assessment and ultimately the question becomes: How willing are we to depart from the
211 town,what we have now,how much impact this will have. That is the issue before us based on the potential range
212 of numbers. How important is it that we increase our 40B numbers?How receptive is the town to making
213 significant changes to an area of the town? How risk averse and willing to make these adaptations is the town?
214 J. Keefe,Trinity Financial, Thanked Board for their efforts,we are listening to the comments,there are numerous
215 things we can do with our architects, Elkus Manfredi, to break down the"wall"of buildings along Rt, 114. We are
216 hearing residents and will respond to the Board's considerations. There is approximately fifty years of tree growth
217 on the site and we will work hard to retain the character,obviously sorne will have to be removed and many of tile
218 trees are dying. We will do all analysis of the existing trees to preserve as many as possible;we continue to
219 respond to your concerns and questions. This will be a fantastic development that will work well in the town of
5
Town of North Andover
PLANNING BOARD
TuestlaS June 1, 2021 7V.in., 120R Merin Sheet NA Senior Center,North Amlovei-,ALA 01845
220 North Andover,we have a long way to go and our team is committed to turning this into something special that
221 people will be proud of
222 E. Goldberg: This will potentially corne before Special Town Meeting late fall and there is a lot of work to
223 accomplish. If this goes to a Master Plan,Town Meeting will be the place where it will be voted on in its entirety.
224 Things will need to be locked down likely by the beginning of September, when we will have public hearings
225 regarding the overall numbers, plans,view corridors, paths,fences,trees being removed v. new plantings, how
226 many school aged children generated,will all need to be tied down by the end of the summer.
227 E. Goldberg: Continued with non-fiscal comments(Reach Geiiei-cilCoi)ii)ieiitsaiidTi-iitio 's response coiiinieyits
228 into the record, #27pg. 36) M & D Schaah-nan,J. Ceraso, L. Rudnicki, Dr. K. Lauro, K. Dube, and L.Jackobek:
229 References to Legacy Place suggest an inappropriate standard, buffers, building heights,existing Royal Crest are
230 3-story apartments;fewer in number than proposed and do not look into other residences but rather sit at an angle
231 to the lot lines, concern for density of residents not including Students, office personnel,custorners or hotel guests,
232 5 story buildings out of scale abutting residential area, strain on fire, police and safety,drainage,numerous ponds,
233 density of residences, light and noise pollution,food odors from restaurants, existing left turn onto Hillside
234 currently hazardous, other similar privately owned projects considered or built in the state, current 40B percentage
235 v. development fully built out, Merrimack's use of office space and whether the development agreement would
236 withstand the Dovcr Amendment challenge should Merrimack expand, purchase or lease additional parts of the
237 development, case law restricting a private party or third party non-profit for Merrimack College from leasing
238 units or offices,pedestrian and motor traffic and the pending moratorium.
239 E. Goldber : We have reviewed fiscal impact comments; numbers will change; encouraged residents continue to
240 continue to submit their comments.
241 P. Boynto : Commented oil heavy traffic after 4 p.m. oil Rt. 114 off Mill Road(heading toward Stop 'n Shop).
242 This development introduces 4x traffic which occurs at one of the most critical choke points;the intersection of
243 Rt. 114 and 125.
244 J. Enright: One comment was received this evening related to the MassDOT project and takings to the residential
245 properties along Rt. 114. Where it is not a project before the Board, Jean to share the comment with Town
246 Manager.
247
248 MEETING NUNUTES:
249 MOTION: J. Simons made a motion to approve the May 4, 2021 Meeting minutes. A. Preston seconded. Tile vote
250 was 4-0, unanimous in favor. Roll Call vote: P. Boynton voted yes. A. Preston voted yes. J. Simons voted yes. E.
251 Goldberg voted yes.
252
253 ADJOURNMENT
254 MOTION: J. Simons made a motion to adjourn the meeting. Motion was seconded by A. Preston. The vote was
255 4-0, unanimous in favor. Meeting adjourned @ 9:03 p.m. Roll Call vote: P, Boynton voted yes.A. Preston voted
256 yes. J. Simons voted yes. E. Goldberg voted yes.
257
258 MEETING MATERIALS:Planning Board Meeting Agenda June 1,2021,DRAFT Planning Board Meeting Minutes May
259 4,May 18&May 25,2021;Staff Report:210601 Staff Report;21 High Street,East Mill Def Subdivision:202003161
260 Time Stamped Def Subdvision Decision—21 High Street,Form J—Lot Release(East Mill)(00196710);3 Great Pond Road,
261 Elaine Finbur- : Storinwater: SWMR-3 Great Pond Road 210427,3 Great Pond Watershed Map;Plans:210504 REV
262 SP—GreatPond#3r-COVER,210427 3 Great Pond Road Site Plan;Department Review: 210520 DPW Engineering final
263 comment,210429 Resp to Borgesi 3 Great Pond,210325 Health—Final Comment;Abutter Comment: 210531 Donovan—
264 LettertoPlanningBoard,210601 Draft Decision 3 GPR SPR Special Permit;Annual Town Meeting Zoning Bylaw
6
Town of North Andover
PLANNING BOARD
00!..........
Tuesday, June 1, 2021 7p.m., 120R Main Street NA Senior Center,North Andover M,4 01845
265 Amendment Articles/111anning Board Repor :J. Smolak-Letter:lAr. Planning Director 6.1..21 (010196648xBC4F6),APR
266 Plan-918134(0018258220006);210601 Planning Board Report,210406 Draft Sign Bylaw Wart-ant Article;Article 32,
267 Citizen Petition,Joe Finn and others: Opinion-Letter-re-Citizen.-Petition-Article - Building_Moratorium,Existing 195-
268 10.2 zoning bylaw,Comprehensive Planning School Capacity Public Forums,Citizen Petition Housing Moratorium,210517
269 Finn-Public Comments on Moratorium,210328 Review Calendar-Citizen Petition Article;Planning Board Report.
270 210601 Planning Board Report; MassDOT Rt. 114 Improvement Pro"ect:Planning Board Letter 5.20.21 (Final),MassDOT
271 Follow Up from the 5-18 Planning Board Meeting,210519 Northmark front door;Royal Crest Estates(I &28 Royal Crest
272 Drive),Trinity Financial,Jim Keefe:Balloon Test: REV 14283.00-Balloon Test Locations-Graphic-PR[2021-05-18],
273 142.83.00-Bal loon Test l.ocations-Graphic-EX,Program Summary 9.9.20,050518 Summary General Public Comments
274 Trinity Resp,for 5 18 21 meeting.
275
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