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HomeMy WebLinkAboutPlanning Board Meeting Minutes 05.18.10 DRAFT PLANNING BOARD Minutes of the Meeting Tuesday, May 18, 2010 Town Hall, 120 Main Street Top floor conference room 7:00 PM 1 2 Members present: John Simons, Chairman 3 Richard Rowan, regular member 4 Timothy Seibert, regular member 5 Michael Walsh, regular member 6 Courtney LaVolpicelo, regular member 7 Michael Colantoni, alternate member 8 9 Staff present: Judy Tymon, Town Planner 10 Mary Ippolito, Recording Secretary 11 Acting Chair Rowan called meeting to order at approximately 7:20 pm. 12 13 Chair announced there were no POSTPONEMENTS: 14 None 15 16 17 Chair called for DISCUSSION: 18 REDGATE SUBDIVISION: Dean Chongris, developer should be present tonight. Drainage 19 issue. 20 Judy; has not received any report or any communication from Mr. Chongris. Judy; has a site 21 visit tomorrow at 3pm. Judy; took photos today at the site visit, granite curb was put in; more 22 vegetation growing on hill in back; sees signs of erosion on part of hill; detention pond has been 23 drained; erosion control measures are not in good shape; swale behind lot 2 looks like some work 24 was done there. 25 26 MW; the issue is behind lot 3? Judy; yes. Question about current owner or developer - which 27 one had changed the drainage? Ben Osgood, Jr., Engineer, has not submitted a plan as to how to 28 mitigate the situation. Judy; drainage pond is full of cat tales it looks pretty muddy. 29 30 Plse. note: John Simons is here now. 31 32 th MW; did we begin the process of taking bond money? Judy, no. The 4 lot is for sale. 33 Chair; PB has not been in this situation before where the last lot is being held and more work 34 needs to be done. Judy; drainage system would belong to Town but the lot wouldn’t. RR; wants 35 to see what tomorrow brings, if work required is much more than they are willing to do, etc, if 36 they can correct the problem let them do it. Keep this on PB agenda for next time. MW; get 37 back to the PB after tomorrow’s site visit. 38 39 1 May 18, 2010 Planning Board Minutes DRAFT Mat Levis; abutter, it’s going on 2 ½ months now and we’re only getting cosmetic fixes. Put a 40 rush on granite curb. He believes the developer and engineer aren’t taking this seriously. Put 41 more pressure on engineer. 42 43 th RR; the best pressure is the 4 lot! Developer can’t build on the lot until the PB releases it. Judy; 44 last certificate of occupancy was requested under Whispering Pines. Chair; the leverage we have 45 is the last lot. It isn’t released from a protected covenant. Mr. Levis; most of the damage is 46 coming from lot #3. 47 48 49 Plse. note, Michael Walsh recused himself from this petition. 50 Chair called for CONTINUED PUBLIC HEARING: 51 52 300 Chestnut Clear Wireless LLC, is requesting a Special Permit for the following premises. 53 Street , Special Permit for installation of a wireless service facility consisting of six antennas and 54 one equipment cabinet. 55 56 PB edited draft decisions. Chair; look in finding of fact - put the finding that they demonstrated 57 a gap in coverage. RR; page #2 in finding of fact - take out the word renewal. RR; less then 2 58 percent for total installation? Chair; Judy should clarify that. Judy; read she put 1.5 59 measurement anticipated maximum mpe. Courtney; #9 it’s relevant to renewal application take 60 that out. RR; #5 second line take word “however” or whatever take that word out. RR; is 13 61 accurate is this a camouflaged facility? Judy: no this isn’t camouflaged facility. RR; #3 under 62 discontinuance (be careful PB doesn’t want carrier to return whole area to its natural state). RR; 63 page #6 P3A, performance guarantee under A, the structure isn’t theirs.Chair; it doesn’t make 64 sense for applicant to have the insurance on tower. TS; Page 6 #2, should we make this clearer? 65 Chair; say any upgrades to equipment that’s located on the Tower itself. 66 67 Motion by RR to approve SP for 300 Chestnut Street for Clear Wireless per decision amended 68 nd this evening, 2 by TS, vote was unanimous. MW recused himself from voting. 69 70 Chair called for 203 Turnpike Street, Special Permit for installation of wireless service facility 71 . consisting of four antennas and one equipment cabinet 72 73 PB edited decisions.Chair; on cover page take out guide SPA take that out. Do the same thing in 74 gap in coverage. TS; comment do the same. TS; top of page #4 they have no coverage and do 75 that on Chestnut Street decision too. Chair; in finding of facts the same thing that Rowen said. 76 Chair; the camouflage one should stay. TS; #2 in finding of facts take out word renewal. 77 Section 9 take out word renewal. RR; #16 the plan - there isn’t a FDA tower take that out. TS; 78 page #12 you referenced them again take it out and 15 take it out FDA. Chair; #16 there is a 79 setback fix that. 80 81 nd Motion by TS to approve 203 Turnpike Street SP as amended, 2 by CL, vote was unanimous. 82 83 84 85 86 2 May 18, 2010 Planning Board Minutes DRAFT Chair called for PUBLIC HEARING: 87 North Andover School Department –project located at Kittredge School. Modification to a 88 Site Plan Review Special Permit – project includes the construction of a modular building 89 Option A containing three classrooms, one office, and bathrooms as required. would be 90 attached to the West of original building to replace the existing single modular classroom. If this 91 location is chosen, then both the new space and original building will have a sprinkler system 92 Option B installed. would be a stand-alone structure just south of the existing building on 93 unused lawn on the other side of the existing access road. 94 95 Judy; Mr. Mealey, Business Manager for Superintendant’s office, is here to modify a project, 96 because of a law to sprinkle classrooms. A couple of changes were done to the plan. Judy; did a 97 review. Gene Willis, DPW, Engineer, wants an inlet made into catch basin, sub pump should be 98 changed, and change location of where catch basins are. RR; how does change in law effect 99 st schools? Mr. Mealey; as of January 1 if you were going to add on to a building you didn’t have 100 to sprinkle - but if both contain 7500 s.f. you have to sprinkle both. Town Meeting voted to give 101 the School Department the funds so modular has shifted over about 10 feet to replace existing 102 modular classroom. Chair; pre-school turned out nicely. Judy; this is 3600 s.f. it’s a box Chair; 103 traffic or water flow shouldn’t have adverse effects? Gene Willis required a change on Main 104 Street because of this - wants catch basins instead of storm inlet etc. Chair; can we keep this 105 open but vote this at the next PB meeting? Mr. Mealey; wants to be able to make sure that a 106 th building permit will be issued by June 30, because on July new codes go into effect. Argued 107 that the time line is so tight the School wants this approved tonight…too much of a risk if project 108 is delayed. RR; doesn’t have issue, this is considered a minor modification. 109 110 Motion by RR to direct staff to use judgment to move forward w/permitting process per minor 111 Chair, advised PB to make a motion to changes presented tonight on already approved plan, 112 approve a modified pan and have Judy send PB decision but file it in 20 days….make sure 113 nd to incorporate Gene Willis comments…this is a small change. 2 by TS, vote was 114 unanimous. 115 116 Abutter; (didn’t give his name) requested the applicant put up a privacy fence - there is a 117 basketball court located near his residence and it’s noisy. Chair; work w/Judy on this. 118 119 Maureen Cushing, Main Street abutter; concerned about the drainage issue, if the drainage will 120 go to Main Street and then down Chickering Road. Chair; Town Engineer, Gene Willis, his 121 responsibility is to look at plans and make sure they don’t create a problem for the Town or 122 neighbors. We’re incorporating his comments and they will be incorporated into the decision. 123 RR; this project was reviewed in November and approved and an outside consultant review was 124 done on the drainage then. Ms Cushing; drains don’t work after 3 hours from a storm, water 125 comes up then. TS; Gene Willis, called for new catch basins, current catch basins need to be 126 relocated and there is storm drains that need to be changed to a sump drain. Judy; we’re getting 127 something in writing from Mr. Willis and will put them on a plan; engineers for the project will 128 put these comments on a plan. Chair; call Judy after she’s revised all of this. Ms Cushing; 129 that’s helpful, three neighbors will need that. Ms Cushing; underground pipes are all backed up. 130 RR; obligation is to make the project better and not worse. Ms Cushing’s phone #978-682-6257. 131 132 3 May 18, 2010 Planning Board Minutes DRAFT 133 Nomination: Nominate John Simons for another 3 year term to serve on CPC committee. 134 Motion by RR to nominate John Simons for another 3 year term to serve on CPC committee, 2nd 135 by MW, vote was unanimous 5-0. Simons abstained from voting. 136 137 138 Chair called for a WAIVER REQUEST. 139 Judy; Brendan Salach, 100 Bridle Path, has a deck on the back of his property wants to expand 140 the deck to 14’x17’ s.f. his property is in the non-discharge zone of the Watershed Protection 141 District. He’s filing w/ComCom. See packet information. Judy; discussed previously approved 142 waivers w/PB as an example of waivers approved. PB felt this was a diminutive size project and 143 nd agreed to waive a Watershed SP. Motion by RR, to waive a Watershed SP, 2 by MW, vote was 144 unanimous. 145 146 Mr. Salach’s phone: #978-884-3962. 147 148 149 May 4, 2010 “Minutes” 150 nd Motion by TS to approve May 4, 2010 Minutes, 2 by MW, vote was unanimous. 151 152 Motion to adjourn by TS, 2nd by MW vote was unanimous. 153 154 155 156 By order of the Planning Board 157 158 ________________________ 159 Approved 160 161 162 163 164 Plse. note: the Planning Board reserves the right to take items out of order and to discuss and/or 165 vote on items that are not listed on the agenda. 166 167 4 May 18, 2010 Planning Board Minutes