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HomeMy WebLinkAbout03.08.11 41)10�110 Town of North Andover 12 2e ZONING BOARD OFAPPEALS tIORTH Albert P. Manzi 111, Esq. Chairman Associate Members Ellen P. McIntyre, Vice-Chairman 0 Thomas D. Ippolito Richard J. Byers, Esq. Clerk Michael P. Liporto Zoning Enforcement Officer Richar M V u daillancort Daniel S. Braese, Esq. Arto Gerald.A. Brown SS RCMUS DRAFT MINUTES Tuesday,March 8,2011 at 7:30 p.m. Senior Center 1208 Main Street,North Andover, Massachusetts Members present: Ellen McIntyre, Richard Byers, Thomas Ippolito, and Michael P. Liporto Excused absence: Albeit Manzi, Richard Vaillancourt, and Daniel Braese. Ellen McIntyre called the meeting to order at 7:40 APPROVAL OF MINUTES February 8, 2011 Byers made a motion to approve minutes. Liporto second the motion. Those voting in favor to approve the minutes were: Ellen McIntyre,Richard Byers, Thomas Ippolito, and Michael P. Liporto 4-0 Ellen wanted to make a request to the Board for a hearing that she chaired for the 125 Flagship Drive wireless application, she was asking the Board to vote on having her signature be the only one necessary on this specific Mylar. Byers made a motion to approve and have only McIntyre's signature on the Mylar. Liporto second the motion. Those voting in favor: Ellen McIntyre, Richard Byers, Thomas Ippolito, and Michael P. Liporto. 4-0 COMMITTEE REPORTS Housing Partnership Report,McIntyre stated that she did not attend the Housing Partnership Meeting in February but informed the Board that the Chairman, George Koehler, and the rest of the committee are working very hard to get the"Down Payment Home Assistant Program"in place. McIntyre said the next Housing Partnership meeting will be on April 20th, and that the public is welcome to attend. Continued Public Hearing, Special Permit for Doug Ahern (JeffCo Inc),250 Sutton Street (Map 39 Parcel 19),they signed a "Time Waive Form"and are requesting to the Board that they be heard at the next ZBA Meeting scheduled for April 12"'. Byers made a motion to approve the request to be heard at the next meeting on April the 12"'. Liporto second the motion. Page 1 of 4 March 8, 2011 Tom? of North Andover ZONING BOARD OF APPEALS tk0RT#1 Albert P. Manzi III, Esq. Chairman Associate Members Ellen P. McIntyre, Vice-Chairman Thomas D. Ippolito Richard J. Byers, Esq. Clerk Michael P. Liporto Richard M. Vailiancowl Zoning Enforcement Officer Daniel S. Braese, Esq. Gerald A. Brown S CHUS Those voting in favor to approve the request were: Ellen McIntyre, Richard Byers, Thomas Ippolito, and Michael P. Lipoito. 4-0 Miscellaneous Correspondence The Board reviewed the Correspondence that was in front of them. McIntyre as well as the rest of the Board looked at the miscellaneous correspondences and they all discussed the contents of each letter briefly. McIntyre requested a 5 minute break at 7:45, so she could call a member of the Board who possibly may be running late. At this moment we have just a 4-member Board. The Board returned from their break, and McIntyre continued with a 4 member Board, since the 5th Board member did not arrive. McIntyre explained to the applicants that were representing Metro PCS, if they still would like to go forward with a four-Member Board. The representatives for the applicant, Metro PCS stated that they wanted to go forward tonight,but not to have a decision made at this meeting, but only to present the information to the Board on what they were proposing to do. New Public Hearings Variances, R1 and R2 District, (Petition of Metro PCS) Town of North Andover, Stevens 723 Osgood Street (Map 35 Parcel 23). Byers read the legal notice regarding the new public hearing for Metro PCS. Peter Morin walked over to the podium when Byers was done reading the Legal notice and introduced himself as the representative for Metro PCS. Morin also stated that the Radio Frequency Engineer for Metro PCS, Rakesh Goel and also the Agent for Metro PCS,Bill McQuade are present tonight. Morin stated that this proposal has been kicking around for a few years. Morin also told the Board he will be efficient and brief in covering what they are seeking. McIntyre had questioned the applicant on why they chose to submit the report prepared in 2009 by Marl-, Hutchins (Radio Frequency Engineer) for the Trinitarian Congressional church on Elm Street. Morin explained why they included the report that was in the Board's package. Morin stated that at the time that the Trinitarian Church was being considered, Steven Estates would not have worked, since the tower was fall and was also owned by another carrier,but now a new carrier owns this tower and they will be extending it. This existing tower will be increased by 10% and that is where Metro PCS proposes to go. Morin stated that it will fill the remaining gap for the 125 area.' Morin explained to the Board that it makes more sense to add to this existing tower than to have a new tower erected. Morin stated that this way it was the least intrusive. Page 2 of 4 March 8, 2011 Town of North Andover ZONING BOARD OFAPPEALS V%ORT II Albert P. Manzi III, Esq. Chairman Associate Members Ellen P. McIntyre, Vice-Chairman 0 Thomas D. Ippolito Richard J #_ Michael P. Liporto Byers, Esq. Clerk * Richard M Vaillancozirt Zoning Enforcement Officer Daniel S. Braese, Esq. AV*90 Gerald A. Brown A Morin then asked the Board if they have any questions. McIntyre asked of the "color"Variance request of the applicant, Metro PCS. Morin explained that it had to be an orange and white tower rather than all gray due to the FAA regulations, because of the nearby Lawrence Airport. McIntyre asked if they had anything from the FAA. Morin stated he will have it for the Board at the next meeting in April. Lipoito asked questions of the antennas to Morin. Morin explained how each carrier had to have separation because it could create interference. McIntyre asked how many carriers were on this particular(tower) monopole, Morin said it will be four counting Metro PCS, and the last. McIntyre asked if there would be a crane test done for the Planning Board on this site. Bill McQuade spoke up and talked of the photo shop pictures of the extended proposed tower on this particular site. Morin mentioned to the Board that they will do anything that the Planning Board request of them, such as a crane test or what ever else they request of them. Byers asked Morin of the extra equipment and structures that will be on the ground. Morin explained the need. McIntyre asked of the coverage. Morin talked of the coverage from the church to the proposed area at Steven's Estates and also the gaps in coverage. Goel, Radio Frequency Engineer spoke and talked of the map he presented to the Board regarding the coverage and gaps. Morin stated that the Hutchin's report is still just as valid as it was back than. Morin asked the Board to refer to page 7 paragraph 5G of the Hutchin's reports that was included in the Board's package to prove his point. McIntyre questioned the validity of the Hutchins's report today, because the facts in front of them are not specific to what is in front of them now. Morin stated that Mark,Hutchins will amend the report to satisfy the specifies to this application. McIntyre reminded the applicant that at the next meeting in April they want to see a document of approval for the extension from the FAA and the Amendment to the Hutchin's Report. McQuade wanted the Board to know that they had a preliminary meeting,regarding this application with the Planning Board that he was not in attendance at. Page 3 of 4 March 8, 2011 Town of North Andover ZONING BOARD OFAPPEALS tAORTH Albert P. Manzi III, Esq. Chairman -0 Associate Members Ellen P. McIntyre, Vice-Chairman 0 z_ Thomas D. Ippolito Richard J. Byers, Esq. Clerk Michael P. Liporto * '40 Richard M. Vaillancourt * 0 Zoning Enforcement Officer Daniel S. Braese, Esq. Gerald A. Brown Liporto asked Morin of the lightning rod on the tower, and if that was also included in the height variance. Morin stated yes. Byers made a motion to continue this hearing till the next ZBA Board meeting on April 12t". Liporto second the motion. Those voting in favor to continue this hearing till the April 12th meeting: Ellen McIntyre, Richard Byers, Thomas Ippolito, and Michael P. Liporto. 4-0 McIntyre asked Morin to sign the "Time Waive Form"with the Zoning Assistant. Byers made a motion to Adjourn at 8:27 Ippolito second the motion. Those voting in favor: Ellen McIntyre, Richard Byers, Thomas Ippolito, and Michael P. Liporto. 4-0 Page 4 of 4 March 8, 2011