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HomeMy WebLinkAbout2000-05-16 Planning Board Minutes Planning Board Meeting Date Approved By PB Department of Public Works' 'a 0 May 16, 2000 Members Present: Alison Lescarbeau, Chairman Alberto Angles Richard Rowen(7:45 p.m.) William Cunningham Others Present: Heidi Griffin, Town Planner Jim Rand, Director of Engineering, DPW DISCUSSION: Bond Release—Crossroads Plaza Ms. Griffin stated that all work has been completed and recommended releasing the remaining funds. Mr. Angles moved, seconded by Mr. Cunningham and VOTED 3-0: That the Planning Board vote to release all remaining funds for the Crossroads Plaza Project. Merrimack College—...R uest for Site Plan Waiver Patricia Grandieri, representative for Merrimack College, stated that Merrimack College is proposing an alteration to the existing Volpe Center. The purpose of this renovation is to provide additional locker rooms so as to bring the building into conformance with Title IX (gender equity) Regulations and the requirement of ADA accessibility. This renovation totals 7,500 square feet. Ms. Grandieri stated that she has supplied the Board with plans of the alteration, and a letter from the Building Commissioner stating that this qualifies as an alteration. Mr. Angles moved, seconded by Mr. Cunningham and VOTED 3-0: That the Planning Board vote to waive the process of site plan review for the proposed 7500 sq alteration to Volpe Center at Merrimack College. 68 Rid ewa —Request for Waiver to Place Retainin Wall in the PRD Buffer Zone ............ Mr. Patrick Whyte, owner of the home at 68 Ridgeway Road, stated that he is requesting permission from the Planning Board to place a 2-3' high retaining wall in the buffer zone in his PRD subdivision. Mr. Whyte stated that he does not have any wetlands on his son he would like to place the retaining wall is th property, and the reaat the rear area of his home is very wet and muddy and the placement of this retaining wall would increase the flat area for his children to play. Mr. Angles moved, seconded by Mr. Cunningham and VOTED 3-0: That the Planning Board vote to allow the homeowner build a retaining wall in the PRD Buffer Zone as explained and depicted on the plans presented tonight, subject to the applicant providing the Town Planner with an as-built drawing of the retaining wall once it is built. PUBLIC HEARINGS: 300 Chestnut Street—Sprint Wireless Facilit Peter Cook, representative of Sprint, stated that this proposal would involve the placement of nine antennas on an existing tower at 300 Chestnut Street. Nli•. Cook stated that these antennas will be placed at a height of approximately 130'. This proposal will not increase the height of the existing tower in any way. Mr. Cook stated that he has provided a report from an acoustical engineer, along with a radiofrequency report indicated the db levels on the site. Mr. Cook also stated that he has responded to VHB's concerns addressed in their report reviewing this site as of today. Mr. Angles asked why the applicant is asking for a waiver to locate all equivalent wireless service facilities by GPS by latitude and longitude. Mr. Cook responded that this requirement would more appropriately apply to a new tower, not antennas that are co-locating on an existing tower. Mr. Cook stated that in response to item 412 identified in VHB's report, they are willing to address maintenance issues, but there is only so much that they can do because they are not the actual owners of the property. Mr. Cook stated that Sprint would come to the property approximately 1-2 times per month to maintain their equipment. Mr. Henry Fink, abutter, asked if Sprint is planning on keeping their facility on Boston Hill? Mr. Cools replied that Spriht\&s intend on loping their existing facility at Boston Hill. Mr. Fink stated he is concerned with the television reception involved with the proposal of this wireless facility. Mr. Cook stated that the radiofrequency report expert is present tonight, but that he could attest that this proposal is not allowed to interfere with television reception. Additionally, this proposal is located far enough from television bans to cause any interference problems. Ms. Vicki Holmes, 396 Chestnut Street, asked if they will be replacing and expanding the existing fence? Mr. Cook replied that they will be replacing and expanding the existing fence, and it will be the same height. Mr. Edward Mara, 36 Holbrook Road, asked if the Planning Board had an overall plan in the community that addresses this and other wireless service facilities locating in town? Mr. Rowen responded that the Planning Board has a wireless service facility section of the zoning bylaw which contains rules and regulations an applicant must meet if they are to receive a special permit from the planning board in order to co-locate or to propose a new wireless facility. Mr. Rowen stated that the Town does not have an overall plan which addresses the potential number of wireless facilities that could locate in this town. Ms. Vicki Holmes, 396 Chestnut Street, asked who the current owner of the tower is? Mr. Cook replied the owner is SBA Towers. Ms. Griffin stated that as the applicant has just responded to both her and VHB's comments tonight, she would recommend that the meeting be continued until June 6, 2000 so as to provide adequate time for these revisions to be reviewed. Mr. Rowen moved, seconded by Mr. Angles and VOTED 4-0: That the Planning Board vote to continue the public hearing for 300 Chestnut Street until the June 6, 2000 Planning Board meeting. Barker Farm— 1267 Osgood Street AT&T Wireless Facilit Mr. Steven Anderson, representative for AT&T Wireless Facility, stated he would like to request a continuance until the next Planning Board meeting in hopes that more members eting. Mr. Anderson stated that if any abutters had any would be present at that next me questions they would like answered tonight about this proposal, he would be more than happy to meet with them outside of the building and discuss the proposal. Mr. Rowen moved, seconded by Mr. Cunningham and VOTED 4-0: That the Planning Board vote to continue the public hearing for Barker Farm, 1267 Osgood Street, AT&T Wireless Facility, until the June 6, 2000 Planning Board meeting. CONTINUED PUBLIC HEARINGS: Lot 2 Milk Street—Frontage Ecce tion Lot Ms. Griffin stated that she supplied the Board members with a draft decision for Lot 2 Milk Street. Mr. Rowen moved, seconded by Mr. Angles and VOTED 4-0: To close the public hearing for Lot 2 Mille Street and approve the frontage exception special permit request and render the decision as drafted by the Town Planner. 492 Sutton Street—Site Plan Special.Permit Ms. Griffin stated that the applicant has finally received a finding relative to their variance request for parking and the applicant received favorable action from the Board of Appeals relative to this matter and they are back before the Planning Board tonight seeking final approval. Mr. Michael Arciti, representative of LWM Development Company, stated that he would like condition#8 on page 3 of the decision be amended to state "Gas, telephone cable and electrical utilities shall be installed as specified by the respective utility companies." The Planning Board agreed to this proposed amendment. Mr. Rowen moved, seconded by Mr. Cunningham and VOTED 4-0: That the Planning Board vote to close the public hearing for 492 Sutton Street and approve the site plan review request and render the decision as drafted by the Town Planner and amended by the Planning Board this evening. a �(J 1 Chatham Crossing, Pro e_ Subdivision Mr. Bill McLeod, representative of the applicant, stated that they have just received them MA State Permit tachy, and handed out copies to the Planning Board. Mr. McLeod stated that he has provided a supplemental drainage study to Jim Rand, Director of Engineering, and VHB, the Town's Outside Consultant to be reviewed. Mr. McLeod stated that he does not have a response from VHB as of yet, however a memorandum from Mr. Rand dated May 13, 2000 indicates that the study provided should be accepted and requests that the Planning Board allow the applicant to remove the proposed underground drainage retention structure. Mr. McLeod stated that removal of the underground retention structure would have to be approved by MA Highway first. Mr. Rand stated that he would like to state that he does not wish for Parcel A to become owned by the town. Ms. Griffin agreed with Mr. Rand, stating that the town does not want to maintain this parcel of land. Mr. Rowen asked Mr. McLeod if this Parcel A were merged with the adjacent lot would it be able to be re-subdivided in the future? Mr. McLeod replied that it would not because the adjacent lot was comprised of 14,550 square feet and Parcel A totaled 8,166 square feet. The zoning requirement for minimum lot size in this area if 12,500 square feet. Mr. McLeod stated he would like input from the Board as to whether or not they would allow him to keep this parcel separate and place the burden of maintaining this parcel as the responsibility of the homeowner's association. Mr. Rowen stated that the homeowner's association would have to be incorporated into the decision in order for this to happen, but stated he would prefer having the lot and Parcel A merged into one lot. Michael Scott, attorney for the abutters, stated that he is here tonight before the Board because some abutters believe that there are wetlands present on the property of the proposal. Mr. Rowen stated that this issue would need to be reviewed by the Conservation Commission. u Ms. Griffrn stated that she was in receipt of correspondence from the Conservation Administrator to Mr. Neil Murphy which indicated that a negative determination of applicability was issued by the North Andover Conservation Commission on October 21, 1999. i 4 Mr. Scott asked if the Planning Board would mind hearing a brief presentation from the wetland consultant hired by the abutters, Mr. John Richardson. Ms. Lesearbeau asked when Mr. Richardson had been retained by the abutters? Ms. Carol Proulx, abutter,responded that he was retained on May 2, 2000. The Board agreed to allow Mr. Richardson to do a brief presentation. Mr. Richardson stated that he performed a soil boring at a location adjacent to the property line of the proposed subdivision where he found hydric soils to be present. Mr. Richardson stated that he believes that there appears to be potential for an intermittent stream on the property. Mr. Richardson stated that he observed an herbaceous layer of tree cover on the property also. Ms. Lescarbeau stated that this issue would need to be reviewed with the Conservation Commission as they are the legal authority in charge of determining wetlands. Mr. Scott stated that they planned on filing a request for determination of applicability for the abutting property owners to determine if wetlands were present. Ms. Griffin asked if the abutters are already scheduled to be on an upcoming Conservation Commission agenda? Mr. Scott replied that they were not. Ms. Griffin stated that the applicant and/or their representative must keep them apprised of when they will be on an upcoming Conservation Commission agenda because the Planning Board needs to issue a decision on this subdivision application within the time constraints mandated by M.G.L. 41, 81 and if a decision is not rendered it will be automatically approved. Mr. Scott stated he will keep Ms. Griffin abreast of any activity. Ms. Joanne Brown, abutter, stated that she would like to receive copies of information contained in the Planning Department files and that she called Town Hall and was told that she could not receive copies. Ms. Griffin asked Ms. Brown who she asked for these copies? Ms. Brown stated that she asked Ms. Griffin for these copies and Ms. Griffin told her no. Ms. Griffin replied that was absolutely untrue, that Ms. Brown did not ask for copies to be made in the Planning Department files. Ms. Griffin continued, stating that is ridiculous because there are other abutters who are present tonight who have requested copies, in person and by facsimile and were all given copies when they were requested. � �d Mr. Cunningham stated that he feels the abutters should treat Ms. Griffin with utmost respect as she puts many hours of work into this town and she deserves that. Ms. Lescarbeau stated that she echoed Mr. Cunningham's comments regarding treating town staff with respect. Ms. Lescarbeau stated that the Planning Department is understaffed as it is and Ms. Griffin deserves respect from people when they need information or questions answered. Ms. Joanne Brown, abutter, stated that she was informed that her request made in writing to the Planning Board at their April 18 meeting to have the meeting c intoned was denied. Ms. Lescarbeau confirmed that, and explained that the Planning Bad meets regularly the 1"and 3rd meeting of every month, and that it would not have been fair to other 25 people who showed up to the meeting that Ms. Brown was unable to attend to have continued it. Mr. Rowen stated that the Planning Board purposely continued the April 18 meeting that Ms. Brown was unable to attend so that she would be able to attend a future meeting and bring her comments to the Board. Mr. Sandy Brown, abutter, stated that the abutters have hired their own outside engineering consultant because they would like to double-check the drainage issues relative to this proposal. Mr. Rowen explained that the abutters were more than welcome to do that. Mr. Rowen then stated that the town hires their own engineering consultant, at the cost of the applicant, who reviews all of the information submitted by the applicant's engineer. Mr. Rand stated that both the engineer for the proposal is a Professional Engineer and Professional Registered Land Surveyor, and the town's outside engineering consultant is a Professional Engineer and a Professional Registered Land Surveyor. Mr. Rand stated that these professional qualifications are a warranty to the Town and the abutters that the work presented and reviewed will be top-notch. Mr. An moved, seconded by Mr. Rowen and VOTED 4-0: o That the Planning Board vote to continue the public hearing for Chatham Crossing until June 6, 2000. 1 u ADJOURNMENT 9:45 P.M. Respectfully submitted, Alberto Angles, Planning Board Clerk i