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HomeMy WebLinkAbout2017-12-20 Zoning Board of Appeals Minutes I MEETING MINUTES TOWN OF NORTH ANDOVER �i B,oard/Committee Name: ZONING BOARD OF APPEALS Date: November 14, 2017. Time of Meeting: 7:30 PM 1 Location: Town Hall, 120 Main Street Signature Valerie Cinseruli Town Clerk Date Stamp f J AGENDA L Call to Order called at 7:30 1 Present: Ellen McIntyre, Allan.Cuscia, Doug Ludgin, D. Paul Koch,Nathaniel einreich, Ronn Faigen, Alexandria Jacobs j Absent: Albert Manzi, III Staff Present: Valerie Cinseruli (ravel given to Ellen.McIntyre Pledge of Allegiance Minutes Approval Motion: (The October 10, 2017 minutes were not approved) j 2. 234 Dale Street continued Public Hearing The Petition of David Cronin, for property address 234 Dale Street, North Andover, MA. 01845 (Map 064.0, Parcels 0019), North Andover, MA 01845 in the R1 Zoning District. (continued to the December 12, 2017 Zoning Board meeting) 3. 470 500 530 Boxford Street continued Public Hearin . The Petition of Michael, Thomas and Cornelius Donovan, for property located at 470, 500 and 530 Boxford Street (Map 105.0, Parcel 41, 42 & 43),North Andover, MA. 01845 in the Rl Zoning District. (continued to the December 12, 2017 Zoning Board meetings 4. 1503 Osgood Street Oen and continue Public Hearin The petition of Hera Development Corporation, party aggrieved, for property located at 1503 Osgood Street (Map 034.0,Parcel 007),North Andover,MA 01845 in the CDD3 Zoning District pursuant to MGL c. 40A, Section 8. (continued to the December 12, 2017 Zoning Board meeting) 122 Foster Street continued hearing The Petitioner is requesting 5 Variances in accordance with Sections of the Zoning bylaw to construct a 130' Monopole (135' to faux branches) in an R-I Zoning District: Notices and agendas are to be posted 48 hours in advance of the meeting excluding Saturdays,Sundays and legal holidays. Please keep in mind the'rown Clerk's hours of operation and make necessary arrangements to be sure your posting is made in an adequate amount of time. A listing of topics the chair reasonably anticipates will be discussed,at the meeting are to be listed,on the agenda. Note; (Matters may be called out of order and not as they appear in the agenda. MEETING MINUTES TOWN OF NOIRTIr1 ANDOVER r, w 8.9.3.c.v(1)'(Setbacks)Actual Right Side 135 feet, required 600 feet, Variance of 465 feet. 8.9.3.c.v(1)(Setbacks) Actual front 173 feet, required 600 feet, Variance of 427 feet. 8.9.3.c.v(1)(Fall Zone) Actual right side is 135 feet, required is 270 feet, Variance of 135 feet. 8.9.3.e.v(1)'(Fall Zone) Actual front is 173 feet, required is 270 feet Variance of 97 feet. 8.9.3.c(i)(Ileight General) Proposed 135 feet, allowed 45 feet, Variance required 90 feet. 8.9.3,c(ii)(Height Ground Mounted Facilities) Proposed 135 feet, allowed 45 feet, Variance required 90 feet. 8.9.4.a.ii (Camouflage by Vegetation) Required 50 feet, proposed interpretation by Board required. 8.9.4.a.iii(2) (Color of Facility) Proposed brown and green monopine, variance required from blue or gray. At the podium to speak is Attorney Brian Grossman and Attorney Chris Swiniarski representing Verizon Wireless. Discussing the revised height of the monopole at 115' The board briefly discussed the site visit that was held on Saturday, October 22, 2017. Paul D. Koch was dismayed that the site was not flagged. They decided to hold another site visit on November 18,2017 at which time Varsity Wireless will have the site flagged and all the trees marked that will be taken down. Ellen McIntyre attended the Planning Board meeting and discussed the tower being possible lower than the proposed 135 . David.Maxon from Isotrope said the tower had to be a minimum of 97' and the design had to be a viable height to add additional carriers. Brian Grossman discussed with the proposed height of 115' monopole, AT&T would be at 107' and Verizon would be at 97'. There would be no changes to the compound or the equipment. Ellen McIntyre asks why with a proposed monopole of 115' is a 4000 square foot compound needed to accommodate only 2 carriers. Brian Grossman. discusses if another carrier decides to join you need to have enough space on. the tower. He then shows a presentation of the new proposed height of the cell tower. The slides show a comparison of the balloon test being done at both 115 feet and 135 feet. Ellen McIntyre asks is the setback is to the pole or the structure. Notices and agendas are to be posted 48 hours in advance of the meeting excluding Saturdays,Sundays and legal holidays. Please keep in mind the Town Clerk's hours of operation and make necessary arrangements to be sure your posting is made in an adequate amount of time. A listing of topics the chair reasonably anticipates will be discussed at the meeting are to be listed on the agenda. Note: Matters May be called out of order and not as they appear in the agenda. MEETING MINUTES TOWN OF NORTH ANDOVER n i Brian. Grossman discusses the setback is the pole and the new height will reduce the overall setbacks. By reducing the tower to the 115 feet it will reduce the overall coverage but Varsity Wireless is willing to compromise. Pawl D Koch discussed that there is nota carrier for the 87' space on the tower. is that an effective spot for coverage? Brian Grossman responded is depends on where the network is. It will provide coverage but it would be not the most ideal. 97 feet is the lowest that AT&T will go. The 115 feet was a good { compromise. d I i Brian. Grossman presented a slide regarding small cells to discuss an itemthat came up at the Planning Board meeting. Small cells add capacity but not more coverage. David Maxon from Isotrope concluded there is no way of adding nodes to the tower. Ellen Mclntytre asked Brian Grossman to describe the difference between capacity and coverage. Brian Grossman responds with an example of going to a Patriots Game. You look at your phone and there is 5 bars which means you have full coverage and receiving a full strength signal. If you take a picture of kick off and try and upload the picture to you may have a capacity issue due too many people on the network. 1 Paul D Koch asks if the small nodes feed into the cell towers. Chris Swiniarski responds with cell nodes do not connect directly to the towers but able to handoff to the next fiber optic cable. Brian Grossman discusses nodes and how they do not provide coverage for a large area. They are mostly placed in small areas like intersections, sporting arenas. Chris Swiniarski discusses that it is better to do a macro facility because small nodes have back up for when power is loss therefore losing coverage. Paul Koch and Chris Swiniarski continue with a discussion of small cell nodes. 1 t Notices and agendas are to be posted 48 hours in advance of the meeting excludinpsaturdays,Sundays and legal holidays, Tease keep in mind the Town Clerk's hours of operation and make necessary arrangements to be sure your posting is made in an adequate amount of time. A listing of topics the chair reasonably anticipates will be discussed at the meeting are to be.listed on the agenda. ►Vote: Matters may be called out of order and not as they appear in the agenda. i I MEETING MINUTES TOWN OF NORTH ANDOVER ,t 1;,. Brian Grossman discusses that the infrastructure in North Andover and in the area of Foster Street is not ideal. Utility poles would need to be installed which involves digging trenches. David Maxon from Isotrope agreed that the coverage cannot be done by small cell nodes. Brian Grossman presents a slide Hills Northeast of Vest Way. He presents it because it was a question that came up from the Planning Board meeting and he thought it was beneficial to discuss it at the Zoning Board meeting. Ellen.McIntyre asked if the slide was in the packets they received prior to the meeting and. Attorney Urian Grossman said it was something he prepared the day of the meeting. Ellen McIntyre was not pleased with Brian Grossman presenting the slide and that it was not fair to the Zoning Board, At that point Ellen McIntyre stopped the meeting and opened it up for the abutters to discuss their concerns. Ellen Mclnytre discussed the Bylaw sections and the variances that the Zoning Board was there for. Attorney Andrew Caffrey, Jr. representing Ken.Elaine Finbury: He has concerns about the legal ramifications of the project. He wants to know what the hardships are that justify the variances being asked. Will the tower bring any other benefit to the neighborhood? There doesn't seem to be any complaints about coverage to the neighbors. He presented where the tower will be placed and he feels that the tower does not need to be jammed into a corner and cause all the setback variances. It is an awful burden to the neighborhood. Brian Grossman responds to Attorney Caffrey that he should have been at the first meeting to listen to the presentation presented by Steve Kelleher. It is the only feasible site to meet the coverage objectives that was provided in the spreadsheet. As you move to the middle of the property, the topography drops which would result in a higher tower and more reliefs would be needed. Paul D. Koch would like to review hardship because he feels it is a topic that will not go away. Brian Grossman discusses this in further detail with the 'fele Communications Act. Basically states that you cannot prohibit personal wireless services. David Maxon confirmed the need for the additional coverage. Noticesand agendas are to he posted 48 hours in advance of the meeting excluding Saturdays,Sundays and legal holidays. Please peep in mind the Town Clerk's hours of operation and make necessary arrangements to be sure your posting is made in an adequate amount of time, A listing of topics the chair reasonably anticipates will be discussed at the meeting are to be listed on the agenda. Note: Matters may be called out of order and not as they appear in the agenda. MEETING MINUTES TOWN OF NORTH ANDOVER 1 « 1 Megan Auman 242 Foster Street Distributed copies of a report she prepared along with a Friends of Foster Farms petition with over 80 signatures for people against the cell tower. She believes better technology exists and it is the towns due diligence to research those options. As a statistician, Megan has access to Gold Standard Peer Review journals and in those it states that cell towers have a negative impact on j property values. Homes within a .7251cm radius impact home values negatively between 2. 16 and 9.78 percent. Refers to a slide that she drew a .725km radius around the cell tower and it represented the many homes that would be affected. Allan +Cuscia stated that in his package it shows that home values are not affected. Jared. Auman 242 Foster Street Refers to the RF Report done by Varsity Wireless. It is a map of the existing coverage in.North Andover and the proposed coverage. Feels as though he has enough coverage without the cell tower being placed there. If you need better connection he uses orifi in his home. Jared also referred to a topographical slide presented by Varsity Wireless that shows most cell towers in North Andover are placed on high hills where as the proposed tower is being placed in a bowl which is surrounded by 3 hills. This will be less coverage to other areas that need it. Mike Fox 45 Fridges Lane Prepared a report regarding coverage in the neighborhood. He had both a phone from AT&T and Verizon and stopped at various locations (Bridges Lane, Tiffany Lane, Vest Way) and make phone calls and spoke for approximately 30 seconds. He found the cell coverage was adequate. He also mentioned an app to use wifi for making calls. Tom Baird 75 Foster Street Read a section of the Bylaw that states you do not need to provide superior coverage. Adequate coverage is okay. He feels as though cell towers are dated technology and that DAS technology would be better for the town. There would be no variances required, no height issues and it would benefit both commercial and residential properties. You can custom design DAS and it would have no property value impact and no impact to the scenic value. Pam Rivet 67 Foster Street Asked the question if 61A designation has been addresses. Can you have a commercial lease on a residential property? In the Bylaw it states that there is a 600 foot setback required for public safety, How can a variance be granted? Would like to know why other sites have not been further explored. t Notices and agendas are to be posted nth hours in advance of the meeting excluding_Saturdays,Sundays and legal holidays. Please keep in mind the Town Clerk's hours of operation and snake necessary arrangements to be sure your posting is made in an adequate amount of time. A listing of topics the chair reasonably anticipates vvill be discussed at the meeting are to be listed on the agenda. Note. Matters may be called out of order and not as they appear in the agenda. I MEETING MINUTES TOWN 4F NORTH ANDOVER Rob Jones 643 South Bradford Street Discussed the hardship that the cell tower would have on the residents. There are other alternatives and feels as though we have adequate coverage. He has lived at this property since 2008 and has always had AT&T service. He walks Foster Farm and is on many trail boards and works very hard at preserving these scenic trails. He would be very upset to see an unsightly cell tower. Varsity Wireless is asking to violate these Bylaws. Ellen McIntyre responds with the 7BA is taking all information into account and come up with an informed decision. Thomas Edmunds 135 :Foster Street His home is closest to the tower. 1t will be placed across the street and up the hill. He is concerned about sound and chose to live there because currently the area is very quiet. He has 3 cell phones and has good coverage. He understands the need for technology but feels like there could be a less invasive plan placing it elsewhere. Lisa Roberts 131 Bridges Lane The tower will be placed 1200 feet from her home. She wrote a letter to many town officials and wants this to be pant of the Master flan. Also, requested another balloon test be performed with the new proposed height. Julie Doss 104 Bridges Lane She currently has 4 phones and works at home. She has terrible coverage and constantly drops phone calls. When traveling in her car from her home, she can't start Google Maps until there is coverage fiirther down the road. Ellen McIntyre read name of residents that submitted email to the 7BA Board. She slammed up all the questions that the abutters had for Brian Grossman. Brian Grossman 61A is not a legal impediment to the Board in making a decision. The questions regarding noise from the compound,he refers to a test done by Varsity Wireless that shows they will be compliant. Ellen McIntyre asks what goes into a coverage map. Martin Lavin. Squared Systems Notices and agendas are to be posted 48 hours in advance of the meeting excluding Saturdays,Sundays and legal holidays. Please keen in mind the Town.Clerk's hours of operation and make necessary arrangements to be sure your posting is made in an adequate amount of time. A listing of topics the chair reasonably anticipates will be discussed at the meeting sire to be listed on the agenda. Note: Matters Day,be called out of order and not as they appear in the agenda. MEETING MINUTES TOWN OF NORTH ANDOVER w [ 1 I He discusses the frequency and criteria. Has been with the company over 30 years. The model takes into account the land use and clutter as a way of refining measurement and then makes predictions. Brian Grossman Pico cells are not a substitute to providing coverage. There is not adequate infrastructure in the town to support small nodes. Chris Swiniarski C-Ran or DAS cover small areas where there is more density. 1 Brian Grossman responds to the abutter at 242 Foster Street regarding the areas not getting the cell coverage. That area was not designated as an area needing coverage. Brian Grossman summarized why the open spaces in North Andover: do not work. Most have conservation issues and are in residential areas.. Alexandria.Jacobs Looking for a photograph from the front door of an abutter's home showing the cell tower and compound. Also asks about trees taken down around the compound. Steve Kelleher Open to the request of having another balloon test and taking photos from residents that request them. Alexandria Jacobs 1 She would like to see exactly where everything is being placed on the property. Steve Kelleher discussed that the generator will be enclosed by a 6 foot fence and plantings surrounding it. The board is discussing where the tree line is in the 4000 square foot radius. Brian Grossman responds with a presentation of a slide. The board agreed they would like the trees flagged that are being removed for the site visit. Lisa Roberts states that 122 foster is a historical area and that needs to be taken into consideration. Mark Corrente is a Certified Residential Appraiser. His study is site specific regarding home t values. He discusses that he observed and measured the value of the homes and agrees that Notices and agendas are to be posted 48 hours in advance of the meeting excluding Saturdays,Sundays and legal holidays. Please lleep in � mind the Town.Clerk's bourn or operation and make necessary arrangements to be sure your posting is made in an adequate amount of 1 time. A listing of topics the chair reasonably anticipates will be discussed at the meeting are to be listed on the agenda, Note: Matters may be called out of artier and not asthey appear in the agenda. r i MEETING MINUTES TOWN OF NORTH ANDOVER market makers define the market. He presents homes that have been on the market with a cell tower in the area. He shows the before and after values of these homes. Paul D. each feels as though this report does not show an accurate impact of the cell tower in the neighborhood. Alexandria Jacobs and Paul D. Koch further discuss the impact of home values with a cell tower. Brian Grossman and Ellen McIntyre discuss the number of days that a vote needs to happen. Under the Massachusetts 40A law, it is 100 days which means a December 22, 2017 deadline. If another meeting is required then it can be extended. The ZBA Board requested a peer review from David Maxon from Isotrope and Varsity Wireless agreed to it. Paul D. Koch made a motion to continue, Allan.Cuscia seconded the motion All in favor to continue to the December 12, 2017 ZBA Meeting Revised 12/12117 Allan Cusela asked Abutters hojv many cell phones they awned! Meeting Materials Memorandum from Anderson& lKreiger on the Variances that are being requested for 122 Foster Street ZBA Application for a Variance Time Stamped by Town Clerk 9113117 at 12:1 Spm Plot Plan Proposed RF Report by Verizon Photos of existing and proposed coverage Statement of Stephen.Kelleher Fnvirom- ental Sound Assessment Tree Cover Assessment pursuant of the Town of North Andover Zoning Bylaws Town of North Andover Zoning Map Antenna Structure Registration Radio Station Authorization for AT&T Radio Station Authorization for Cellco Partnership Notices and agendas are to he posted Ata hours in advance of the meeting excluding Saturdays,Sundays and legal holidays. Please keep in mind the'town Clerk's hours of operation and malcc necessary arrangements to be sure your posting is made in an adequate amount of time. A listing of topics the chair reasonably anticipates will be discussed at the meeting are to be listed on the agenda. Note: 'Matters may be called out of order and not as they appear in the agenda. MEETING MINUTES TOWN OF NORTH ANDOVER Radiation Safety Specialist Prepared by Donald L. Haes Jr, PH.D., CHP _Letter of Authorization Abutter List i i Zoning Bylaw Review Form Quitclaim.Deed North Andover Staff Planner:Rebecca Oldham Site Review Plan Photographic Simulation Package New proposal of a 115'Cell Tower Emails from abutters 3. 197 High Street The petition for Jeffeo, Inc. for property located at 197 High Street (Map 066.0, Parcel 0044),North Andover, MA. 01845 in the R-4 Zoning District. Legal notice read by Allan Cuscia I Brian Vaughan representing the applicant. Ellen McIntyre would like to know if this meeting should be heard because the property may be deemed as a historical site. If that is the case they cannot do anything with the property for 100 days. Brian Vaughan is seeking approval first for what they want to contruct. They are on the agenda J for the historical meeting on December 11th. The ZBA decides to hear the proposal for 197 High Street. Brian Vaughan discusses the applicant would like to convert the home from a single home to a 2 family home. He shows pictures of an existing dwelling at 252 Sutton Street which will be the same proposed plan for 197 High Street. Ellen McIntyre asks if the home is vacant Notices and agendas are to be posted 48 hours in advance of the meeting excludin. Saturdays„Sundays and legal holidays. Please keep in mind the Town Clerk's harms of operation and make necessary arrangements to be sure your posting is made in an adequate amount of time. A,listing of topics the chair reasonably anticipates will be discussed at the meeting are to be listed on the agenda. Note: Matter's a May be called out of order and not as they appear in the agenda.. i MEETING MINUTES TOWN OF NORTH ANDOVER Brian Vaughan responds with the home is being rented on a month to month 4iD basis. The home is under agreement pending approval of the variances. The existing home is in despair. It had been on the markets for many months with not one offer. Alexandria Jacobs asks if there is water and heat. There is water and heat but the heat is only on the first floor. Contractors have looked at the property and it is cost prohibitive to repair the existing home. Brian Vaughan and Ellen McIntyre are discussing the existing square footage of the home and what is allowed in the Bylaws. Ellen McIntyre states the garage is an issue and have they looked at other options? Dough Ahearn explains that they did explore other places for the garage but it would cause more variances. Placing the garage beneath the house would not allow enough of a turning radius. Alexandria Jacobs would like to know the size of each unit. Brian Vaughan responds roughly 2250 square feet for each unit. David]LaPorte 58 Brightwood Avenue He has lived at the property for 22 years and 197 High Street is directly behind them. He is opposed for a couple of reasons. He is concerned with a drop in property value and an increased noise level converting the home to a 2 family dwelling. He has an in ground pool and enjoys the quiet he currently has in his backyard. The one window they have in their.living room currently looks out at a red rustic barn. If the 2 family dwelling goes forward the view will be the entire back of the home. He submitted photos of the current view,. Paul D. Koch made a motion to continue the hearing to December 12, 2017. Ellen McIntyre seconded the motion. All in favor. Notices and agendas are to be posted 48 hours in advance of the meetingexclndine Saturdays,Sundays and legal holidays. Please keep in mind the Town Clerk's hours of operation and make necessary arrangements to be sure your posting is made in an adequate amount of time, A listing of topics the chair reasonably anticipates will be discussed at the meeting are to be listed on the agenda. Note: Matters may be called out of order and not as they appear in the agenda. MEETING MINUTES TOWN OF NORTH ANDOVER 4. Adjournment Motion: Ellen McIntyre made a motion to adjourn the �NhV� v meeting. The motion was seconded by Allan Cuseia. The vote was all in favor. Meeting adjourned at 11:00pm i a i s i i i I i I i i i i Notices and agendas are to be Posted 48 hours in advance or the meeting excluding Saturdays,Sundays and legal holidays. Please keep in mind the Town Clerk's hours of operation and make necessary arrangements to be sure your Posting is made in an adequate amount of time. A listing of topics the chair reasonably anticipates will be discussed at the meeting are to be listed on the agenda. Note: Matters May be called out of order and not as they appear in the agenda. i