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HomeMy WebLinkAbout2016-05-17 Planning Board Minutes Town of'North Andover PLANNING BOARD John Simons, Chairman y�� 1(i��10hi� "� David Kellogg Lynne Rudnicki Lora McSherry Peter Boynton Regina Kean (Associate) Txresday May 17, 2016 G 7 p.m. 566 Main Street-School Arinaiiiisti-atiorr Building,Nortli Andover,MA 01845 1 Present: J. Simons, L. Rudnicki,L. McSherry,D.Kellogg, P. Boynton, R. Kean 2 Absent: 3 Staff Present: J.Enright,R. Oldham, B. Wolstromer 4 5 J. Simons, Chairman: The Planning Board meeting for Tuesday,May 17,2016 was called to order at 7 p.m. 6 7 PUBLIC HEARINGS 8 CONTINUED PUBLIC HEARING: Verizon Christopher Swiniarski Cloud Radio Access Network Antennae on 9 24 Utility Poles Town Wide: Application for Wireless Facilities Special Permit. Proposal for attachment of 10 disguised Cloud Radio Access Network(C-RAN) antennae, a single 24.2"tall cylindrical canister weighing 11 approximately 22 pounds,mounted to 24 existing utility poles. 12 R. Oldham: At the last Public Hearing, the Board requested a direct response to the issues raised by the review 13 consultant and asked for a list of the poles with existing guy wires. The Applicant has provided both. Additionally, 14 the Board requested a determination by the Building Commissioner on zoning. He referred to his determination in 15 2008 stating,"the antennae was so placed on an existing structure and the existing structure was a non-conforming 16 structure and zoning will not apply". In this case the utility pole is the existing non-conforming structure. 17 Chris Swiniarski,Esq. Attorney Representing Verizon Wireless: The wireless review consultant requested that 18 we provide a radiation safety report for all the antennae located lower than ten meters on the poles. The report we 19 submitted concludes we are at 1% of the allowable emissions under the FCC regulations. The guy wire list shows 20 that there are 16 out of 24 poles with existing guy wires. We have no control over the existing guy wires. The 21 equipment we are placing on these poles is nominal, 22lbs. 22 L. Rudnicki: Do they make you get any structural engineering reports of these poles? 23 C. Swiniarski: The poles have been previously assessed and approved in-house by the utility company. 24 J. Simons: We'll keep this open and vote at the next meeting. 25 [Continued to next Planning Board meeting June 7,2016] 26 27 DISCUSSIONS 28 1636 Osgood Street, Ruff`n Tumble Playeare: Request for Waiver of Site Plan Review 29 R. Oldham: At the last meeting the Board requested ground photos vs. aerial views of Building 48. (Staff Planner 30 displayed new photos of the building front, exterior dog park area, lighting, fencing that needs attention, stairway 31 to the outside area and handicapped side entrance.) There is a project being proposed for this site that is going to 32 impact the proposed parking plan for this project. They will still have the same amount of parking spaces,yet they 33 have been relocated. 34 L. Rudnicki: It appears there is a handicapped parking space located in the fire lanes. I think we need the North 35 Andover Fire Department to review this so that it doesn't interfere with trucks. 36 Board: The Board reviewed the draft waiver provided by Planning Staff. 37 MOTION: D. Kellogg made a motion to waive Site Plan Review for Ruff`n"fumble Playcare, based on the 38 findings of fact and conditions attached to the draft; as amended,for 1636 Osgood Street. P. Boynton seconded the 39 motion. The vote was 5-0, unanimous in favor. 40 41 1755 Osgood Street,Kettle Pizza: Request for Waiver of Site Plan Review 42 R. Oldham: The Applicant came before the Board in April. They are proposing to reconnect the access from Route 43 125 and widen the access from Bradford Street, improving the loading dock area and removing paving and curbing 44 near the loading dock. The Board suggested the Applicant cut down on the width of the proposed entrance- 92 ft. 1 Town of North Andover PLANNING BOARD John Simons, Chairman ��� ���p�� /i;•, Daviil Kellogg Lynne Ru(Inicki ii Lora McSlreny Peter Boynton Regina Dean (Associate) Tuesday May 17,2016 ii) 7h.nt. 566 Main Street-School Administration Building,.North Aiadover,MA 01845 45 wide, by creatively moving some parking spaces and moving the entranceway. The Applicant has provided a new 46 proposal which eliminates two parking spaces,moving the entranceway 21 ft.; eliminating 15 ft. of the driveway 47 and increasing the width of the driveway by 6ft. as opposed to the original 32 ft. At the last meeting the Board 48 requested additional departmental reviews from the North Andover Fire Department(NAFD),North Andover 49 Police Department(NAPD)and DPW. NAPD stated any construction that would have an impact on the public 50 way would require police detail. The NAFD and DPW approved the proposal as submitted. At the request of the 51 Board, as a courtesy, we notified abutters both in North Andover and Haverhill. 52 Phil Christiansen,Project Engineer: We spoke to Gerry Brown regarding the use which he has determined to be 53 light industrial allowed by-right. There are occasional deliveries and shipments where tractor trailers will enter the 54 property. We have determined there is a curb cut on record within MassDOT District 4 that will allow access from 55 Route 125. Towns typically approve projects prior to the MassDOT"s review, so we are unable to receive their 56 confirmation until we receive the waiver. 57 D. Kellogg: Is there enough queuing room for the tractor trailers? 58 P. Christiansen: Yes. (Reviewed truck turning plans) 59 George Peters,Applicant: Deliveries will occur approximately twice a day, depending on the season. Deliveries 60 will not occur after 4:30 p.m. Hours for pick up will be 8-5 p.m. 61 Susan Carpenito,Abutter, 68 Bradford Street, Bradford,MA: We currently have traffic issues on Route 125 with 62 tractor trailers which are supposed to be using Route 133. We have young children on this street. I don't believe 63 your delivery estimate of 1-2 trucks per week. The size of tractor trailer trucks is excessive. Previously,L-Cam did 64 not use any tractor trailers. I have spoken to the police department several times about many issues on this street 65 and this will impact our neighborhood. 66 Sarah Brush Abutter, 2 Bradford Street Haverhill MA: I live at the corner of Bradford St. and Route 125 and 1 67 witness so many accidents that occur at this intersection.I believe a traffic study is imperative.People don't see 68 the stop sign at the bottom of the hill.Additionally,my concern is that a year from now they increase their truck 69 deliveries after approval.. I'm also concerned about delivery trucks backing up and hearing reverse"beeping" at all 70 hours. 71 R. Oldham: Displayed Google Earth photo of intersection. 72 J. Simons: The problem here is the"double out". From a planning perspective, we typically do studies when 73 volume is sufficient. 74 Susan Carpenito: You may want to contact the NAPD because they have done traffic studies of this location. 75 J. Simons: Suggested the Planning contact Lt. Gray at the NAPD and the DPW to ask if they are planning any 76 roadway improvement plans for this area. 77 Paula Macor Andreoli Abutter, 15 Bradford Street: I am the resident with the most longevity on Bradford Street. 78 My parents built in 1957.Firstly, I don't believe that Haverhill residents of Bradford Street were notified of this 79 meeting. Secondly, my main concern is traffic. In my opinion, Bradford Street isn't wide enough to accommodate 80 two lanes. There is gridlock when the tractor trailers back in and out and there will be a lot of congestion on Route 81 125. I'm also concerned this might encourage other tractor trailer trucks to drive "up"Bradford Street, These 82 gentlemen may expand and there could be more trucks.I have concerns for the noise and danger as well. Can't 83 you use smaller trucks or access a local distribution area? 84 Girra Giangregorio, Abutter 4 Bradford Street,Haverhill MA: My house shakes from the traffic on Route 125, I 85 am concerned for the children in the neighborhood.Malting a right onto Route 125 is very difficult. It is very 86 congested in the morning. 87 J. Simons: What would you say are the yak times for traffic at this intersection? 2 Town of North Andover PLANNING.BOARD John Simons, Chairman °, David Kellogg Lynne Rurinicki a �� '� Lora McSherr;h Peter Boynton Regina Kean (Associate) Tuesday May 17, 2016 & 7 p.m. 566 Main Street-School Adnrirristration Building,North Andover,MA 01845 88 Paula Macor Andreoli: I have missed so many head on collisions at this intersection every morning; it's very bad. 89 It's a busy intersection with traffic all day long. Even on Sundays there's traffic. It's a residential neighborhood; 90 we don't need any tractor trailers. 91 Derry Vasduezi,Abutter 62 Bradford Street,Haverhill MA: I have two young children who are not allowed to 92 play in the front yard because it is a very busy street. What is to prevent these tractor trailers from going"up" 93 Bradford Street? Can signage be put in place?Taking a left hand turn out of Bradford Street onto Route 125 is 94 very difficult and that's without tractor trailers coming and going.Perhaps they can be directed to make a right 95 onto Route 125. Snowy weather is another concern, as the base of this street gets very icy at the bottom of the hill 96 The queuing of tractor trailer trucks becomes another issue for people in front of their private residences. 97 J. Simons: We will consult with the NAPD and DPW for review and will most likely need to visit the site. 98 P. Christiansen: Unfortunately, this residential neighborhood in Haverhill directly abuts an industrial zone in 99 North Andover. We are trying to improve the situation for the neighborhood vs. creating something they wouldn't 100 have otherwise. 101 G. Peters: We're hying to be proactive and we want to be good neighbors. Peak delivery months will be April, 102 May and June. It will slow down during July and August and then pick up again October throrrgh December. 1 103 predict most deliveries will be UPS and FedEx box type trucks. There would be no reason for these trucks to travel 104 up Bradford Street. We wouldn't accept deliveries prior to 8:30 a.m. 105 J. Simons: We'll meet with NAPD and the DPW on site. We may put our conditions in place and perhaps review 106 the site 3 months later. 107 J. Enright: A courtesy mailing was sent certified mail to abutting residents in both Haverhill and North Andover. 108 [Continued to next Planning Board meeting June 7, 2016] 109 110 1600 Osgood Solar,LLC,Dan Leary:Review of recently submitted application for Special Permit Site Plan 111 Review. 112 J. Enright: The application was submitted for Special Permit—Site Plan Review and time stamped on May 6, 113 2016. The scope of the project is for a 3.6 megawatt ground mounted solar system at 1600 Osgood Street. The 114 scope also includes demolition of out buildings and storage tanks on the property. The plan provided is conceptual 115 and supplemental filings will be required. We have provided the applicant a draft legal notice referencing Bylaw 116 section 8.3. The Applicant needs to approve the draft in order for the notice to be finalized submitted to the Eagle 1.17 Tribune by Thursday. The applicant has indicated that he does not believe that this application requires a special 118 permit. We had a TRC on May 11, 2016 and comments were supplied by Conservation,NAFD, Building and 119 Planning. 120 D. Learn: Presented the conceptual plan. We have a critical timeline; this project needs to be turned on by the end 121 of the year in order to obtain the financial gains. It is a 6 megawatt project, approximately 2.4 on the roof and tine 122 other 3.6 would be placed on the ground. We will need to demolish some existing out buildings and storage tanks. 123 Unlike the original plan, this plan has no carports. 124 J. Enrigh: The application for Site Plan Review is for ground mounted units only. The Applicant is proposing to 125 obtain a Building Permit for the roof units. 126 D. Leary: We have a number of questions of how to best navigate the permitting process. The roof mounts are a 127 non-issue from a site plan perspective. The ground mounts will be moveable,modular, ballasted,non-penetrating 128 and non-disturbing and waist high. The system was designed to be moved if a better use of the land becomes 129 available. The ground mount solar arrays are located on tine western side placed on the pavement. The other 130 location is placed to the north of the building oil pavement. This plan is what we believe is the easiest and most 131 expedient to permit.To the northwest there is a proposal for more panels that is a little more complex that we will 3 Town of'Nortlt Andover PLANNING BOARD John Simons, Chairman I /lull% o Davi(l Kellogg Lynne Rttdniclri �✓/�"`'� Lora McSherry Peter Boynton Regina Kean (Associate) Tuesday May 17, 2016(a), 7 p.m. 566 Main Street-Seltool Administration Building,North Andover,MA 01845 132 discuss later. The area in red is the area we are looking to demolish and relocate the tractor trailer school. Our first 133 question is regarding demolition to this area of the site. Does the structure in the photograph require Site flan 134 Review or just strictly a demolition permit? 135 J. Simons: The demolition component may not require a Site Plan Review, as long as it's less than an acre and 136 there are no hazardous materials or other stormwater/utility impacts. 137 J. Enright: I've spoken to the Building Inspector who believes the south side demolition can be managed through 138 the Building Department with the appropriate monitoring required for such work. The future development and use 139 of that area would trigger Site Plan Review. 140 D. Leary: The second area of interest is the water treatment area in the northwest, This whole block is mostly 141 unused and inactive. We would like to demolish this area and believe this would be a great area for solar. Our 142 question is whether we can demolish the existing tanks,permit the site and construct the site, by the end of this 143 year. We are interested in your feedback regarding demolition to this area of the site. 144 L. McSherrv: What was heated there? 145 L. Rudnicki: I believe they contain sewerage. 146 J.Enright: Part of this area is still functioning. 147 D. Learn:Yes,the plant is 95% inactive and we would not touch the area that is still servicing the building. There 148 is opportunity to make better use of that land. However, we don't have a lot of confidence that we will be able to 149 get this done in the timeframe we have. 150 J. Simons: It seems non-essential to this project. Is this area considered flexibility for the future?When would you 151 know the carrying capacity of the area after demolition? 152 D. Leary: We would know well before we started. This is a question of special permit or not. If there is special 153 permit,then there would be a timing issue that would add 3 to 4 months to the schedule. 154 Rick Waite, Project Engineer:leer: This is why we are calling it Phase Il of this project because of these complexities. 155 Some of them are hundred year old utilities, piping, etc. If we file now, we don't know what those existing 156 conditions are,or how we'll treat them. What are the drainage considerations on the site?There are a dozen or 157 more manholes, etc.that drain to unknown areas. Also the blue area noted on the plans, is in wetland jurisdiction, 1.58 triggering a permitting process that'll likely take months. We would need 6 to 8 weeks in order to study the area 159 and know what type of capacity we have out there. 160 J.Enright: The ballasted system is easily relocatable and can be moved to that area in a phased approach as Phase 161 11. 162 J. Simons: Exactly, assume you're not going to do it initially and file a demolition permit for that area. If you're 163 concerned about time you don't want to tie the two project phases together. 164 J. Enright: Do you have any concerns about parking? 165 D. Leary:No, we don't. Because the ground mounts we are proposing are not disturbing the ground underneath 166 and can easily be removed. 167 D. Kelloa : What type of wind loads can these panels take? 1.68 D. Leary: They are engineered to withstand 105 mile per hour wind loads,multiplied by a 1,4 safety factor,they 169 are wind tunnel tested under Chapter 1.6 International Building code standards. They are designed to withstand 170 more than 150 miles per hour winds. 171 D.Learn: Does the repaving of the NETTS parking lot trigger Site Plan Review? 172 J. Simons: The demolition is fine. However, repaving the site, screening and relocating the tractor trailer school 173 will require Site Plan Review. 174 4 Town of North Aaadover- PLANNING BOARD q• John Simons, Chairman %f�llllll��1J� ,;". Davi(11(ellogg Lynne Raadnicki Lorca McSheray Peter Boynton Regina Kean (Associate) Titesday May l7, 2016((� 7 p.m. 566 Main Street-School Administration Building,North Andover,MA 01845 175 D. Leary: If we are relocating a tenant activity and doing construction on the north site,we've avoided 176 jurisdictional areas that would trigger stornnwater requirements, would we require anything more than a.building 177 permit? 178 J. Simons: For the ground mounts you need to complete a Site Plan Review. 179 D. Leary: We believe that we can address Site Plan Review through the design and not necessarily go through the 180 process. 181 J. Simons: We are willing to expedite this and be flexible, but we are not willing to waive Site Plan Review. 182 You've got a good proposal and it's clear. You outline what you are proposing to demolish and phase. It's not 183 complicated.Are you going to put a fence around this installation?Will they effect circulation ou the site? What is 184 the stornrwater and site drainage plan?These are all things that are discussed during the Site Plan Review process. 185 D. Leary: Should we submit this project as two different projects?Weeks really matter in this project and if there 1.86 is a way to get us to solar faster,we would welcome that. The Site Plan Review will take months and there are 187 appeal periods and things of that nature that will make the process longer. 188 J=Sirnons: :It'll get done quickly if you're prepared. 189 R. Waite: Solar Phase I on the west and north are not very complex projects and easy to permit. Regarding the 190 demolition for NETTS; we don't want to hold this solar piece up if it is part of a Site Plan Special Permit. 191 J. Simons: Just apply for a demolition permit for the demolition. As part of the Site Plan Review process we need 192 to know the scope of the project and currently you can't provide those details so we cannot tell you what may or 193 may not happen. 194 D. Leary: For us, it makes sense to put this into two separate projects. Even if we have to update the notice which 195 still needs to be submitted this week. 196 J. Simons: You can't"unfile"—you've already filed. If you want to file a separate application then you have to 197 start all over and file a separate application. 198 J.Em-ight: We have only received the 2 page application and the sketch site plan. The supplemental information 199 has yet to be provided and that would really provide the details of the project and the course of action. 200 J. Simons: From your perspective, when do you want to start? When would you start on the ground panels? 201 D. Leary: For the ground panels,we would start on July 1.5, 2016; and begin construction thereafter. Construction 202 has to be completed by Thanksgiving in order for National Grid to turn it on. 203 L.Rudnicki: You need to figure out your construction order of sequence. 204 D. Leary: Demo for the south parking lot—we have a contractor lined tip to start on that right away.NETTS move 205 will take a few days to move. Ideally they'll move at the end of July. We can't start building the west side until 206 NETTS moves. The north would be started as soon as it is permitted. 207 J. Simons: We're not going to plan this project for you. You know what you need to do and this meeting is a 208 discussion, In two weeks you need to come before the Board for your Public Hearing with all your materials. You 209 now have a better understanding of the questions we will ask and how we will proceed. We are not waiving Site 210 Flan Review for any part of the project. 211 [Continued to next Planning Board meeting June 7,2016] 212 213 Watershed Iinformational Mailer 214 Water Quality Research 215 Planning Board.Rules &Regulations 216 217 MINUTES APPROVAL 5 Town of North Andover PLANNING BOARD Jolzrr Simons, Chairman Davidl(ellogg iii, Lora McSlie Lynne Radrriclri �rry Peter Boynton Regina I(ean (Associate) Tuesday May 17, 2016 O 7p.m. 566 Main Street-School Adnrirristration Building,North Andover,MA 01845 218 MOTION: L. Rudnicki made a motion to approve both the May 3, 2016 &May 10, 2016 meeting minutes. D. 219 Kellogg seconded the motion. The vote was 5-0, unanimous in favor. 220 221 EXECUTIVE SESSION: Approval of Executive Session meeting minutes. 222 MOTION: L. McSheriy made a motion that the Board go into Executive Session for confidential communications 223 to discuss Executive Session meeting minutes only and not to discuss litigation and not to return to open session. 224 L. Rudnicki seconded the motion. Roll Call: Peter Boynton voted to go into Executive Session. Lora McSherry 225 voted to go into Executive Session. David Kellogg voted to go into Executive Session. John Simons voted to go 226 into Executive Session. Lynne Rudnicki voted to go into Executive Session. 227 228 MEETING MATERIALS: (REVISED)Planning Board Meeting Agenda May 17, 2016; DRAFT Planning Board 229 Meeting Minutes May 3 &May 10,2016; Verizo n Wireless (CRAM): Location Site Plans (24), 230 Application_160318, Building Commissioner_2008 Determination Letter, Building Permit Request 151116, 231 Existing List of Guy Wires,Isotrope Consultant Review 160422, Map of N. Andover Utility Poles, Response to 232 Isotrope Review 160509, Selectmen Comments_160125; 1636 Osgood Street, Ruff'nTumble Playcare: 1636 233 Osgood St. Site Plan Review Draft Decision_I60517,Building 48 Photo, Dog Park Outdoor Overview Photo, 234 Exhibit A+B+C-Parking,Traffic Flow&Fencing, G. Brown Bylaw Reference, G. Brown Use &Parking 235 Comments, Kennel Parking Concept,Lighting&Fence Photo, Locus Map, Outside Dog Park Detail,Parking Plan 236 Exhibit B Detail,Platform Staircase Photo, Side Entrance Photo, Waiver Request 160423; 1755 Osgood Street, 237 Kettle Pizza: T. Willett Comments 1.60322, Waiver Request 160401,DPW Comment 1.60513, DPW Revised 238 Comments 160517, Existing&Proposed.Conditions Draft 2-160401, Existing&Proposed Conditions Original 239 160301,Existing&Proposed Conditions Revised 160509,Existing Curb Cut Osgood Landing Photo,NAFD 240 Comment 160511, Loading Dock Across the Street Full View-Photo, Locus,NAPD Comment 1605 10, Truck 241 Turn Movements 160509, Google Map View of Bradford Street-125 Intersection;1600 Osgood Street-Osgood 242 Solar: Application 160506, Attorney email Correspondence, Submitted Plans 1.60506, Demolition Cooling 243 Towers-Tanks and Outbuildings Photo, Components of Treatment Facility&Tanks Photo,Panda Bear Ballasted 244 Ground Mount Solar Photo, Polar Bear 1115 Degree Flat Roof Mounting System Photo, 1600 Osgood St. (Route 245 125) Sketch Plan of Land Showing Proposed Ground Mount Locations-Roof Array's-Demolition Area-Solar 246 Project Phases, 1.600 Osgood St. (Route 125) Sketch Plan of Land Showing Proposed Repavement Areas- 247 Relocation of NETTS-Truck Access to Loading Dock;Executive Session Motion. 6