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HomeMy WebLinkAbout2002-12-03 Planning Board Minutes DRAFT Approved by Planning Board on PLANNING BOARD MEETING NOTES December 3,2002 ATTENDANCE: John Simons X Felipe Schwarz 7:55 Alberto Angles X George White X Richard Nardella 8:05 Jim Phinney X STAFF PRESENT: Kathy McKenna X (NATE: The associate member was not sworn in as of this meeting date.) DISCUSSION ITEMS: Meeting called to order at 7:11 p.m. Chairman Simons briefly described the procedural aspects of a Planning Board meeting for the benefit of the large audience. He also described the Planning Board's jurisdiction and went over the agenda. The Chairman expressed his desire to take Omnipoint and Verizon out of order due to the large abutter interest. The Board had to wait for 4 members before doing so and moved on to other business. 1. 135-147 Main Street Site Plan Review Waiver Ms. Shoba Donti explained that she would like to start a tutoring business for children in kindergarten to 12`}' grade on the second floor of an existing building at 135-147 Main Street. She would only need to move in desks to begin operation. When prompted by Mr. Angles she stated that the hours would be 3:30-6:30 p.m. two days a week. When enrollment increased she hoped that she would expand her operations to 7 days a week. A. Angles moved to waive site plan review for the operation described at 135-147 Main Street. All in favor, motion carries. 11. Bond Release Brooks School Dining Hall and Maintenance Buildin The Planner described that everything necessary for release of the bonds, including the production of as-built plans, had been completed and she recommend the bonds be released. Planning Board Minutes December 3, 2002 Page 1 of 1 DRAFT Approved by Planning Board on A. Angles moved to release the bond for the Dining Halt in the amount of$8,000 plus interest and for the Maintenance Building in the amount of$3,000 plus interest. G. White seconded. All in favor, motion carries. 111. Chatham Crossing—Lot Releases for Lots 5 & 6 Planner explained that the engineer for the developer had come up with a plan to remediate the problems associated with surface flow of water on the properties abutting lots 9 & 10. The plan had been reviewed by the Browns(157 Berkeley) and was satisfactory to them. The Planner also explained that the plan had been sent out to VHB for their comment but none had been received to date. She also stated that the issue of whether or not a modified site pian containing the installed drainage structures was necessary had not been decided by the Planning Board yet. Bobby Demeris, abutter, said he looked at the plan just prior to this discussion and he was happy with it. Dan Koravos, engineer, said construction could begin within the month, weather permitting. Mrs. Brown, abutter, said she was happy with the resolution but had concerns about her remedies if the plan didn't work. -She stated that the system won't be truly tested until the spring, what would happen if the plan didn't work. Mr. Brown Concurs. J. Phinney expressed the possibility of flooding to test the system. D. Koravos said if the ground wasn't frozen that might work. J. Simons stated that the Board still retained bond money for the subdivision to ensure that the proposal works. Mrs. Brown discussed landscaping, screening and the needs for trees to protect their property from headlights shining off the Chatham Crossing cul-de-sac. Engineer responded that landscaping wasn't within his mandate. Developer's counsel discussed the overall landscaping scheme didn't include buffer. But he will go back to his client with the abutter's concerns. I Simons stated generally that the "pieces were falling together" and he felt the Board could go ahead with lot releases when the construction was completed. A. Angles felt that a modification to the plan for the drainage changes was necessary. J. Simons felt a modification could proceed in concert with lot releases. IV. For etta Development 1 Endicott Plaza Special Permit Extension Bill Barrett spoke on behalf of the project. He is asking for an extension of the special permit due to difficulty with investors and the market. Construction is scheduled for the spring and the site is projected to be open by December. He will be bringing forth modifications to the Board shortly due to changes proposed by new tenants. Planning Board Minutes December 3, 2002 Page 2 of 2 DRAFT Approved by Planning Board on G. White moves to extend the Endicott Plaza Special Permit one year to expire December 7, 2003. A. Angles second, all in favor, motion carries. PUBLIC HEARINGS (7:30): Called to order at 7:35 p.m. L Filing Fee Increase The planner described the proposed increase in filing fees. Mr. Simons asked what percentage of fees were used to cover costs as opposed to revenue generating. He remembered Heidi Griffin explaining that the fees didn't cover costs. Mr. Angles agreed that the fee increase was also to get in line with fees charged by other towns as indicated by the fee comparison document. Bill Barrett stated that the subdivision fees are already very high. Further the building department just increased their fees making development very expensive. The high fees are contrary to the Town's current interest in affordable housing. An other citizen stated that high fees charged by other towns is not a justifiable reason to raise our fees—maybe other towns should lower their fees. Public hearing closed. The Board asked the Planner to report back on the following items: the amount of costs covered by the fees, and double check the subdivision fees in abutting towns. Action deferred to December 17, 2002. II. Wallace/Saville Subdivision Deferred to December 17, 2002 at the request of the applicant III. 10 Commerce Way Site Plan Special Permit The Board questioned why this item has lingered so long without a presentation to the Board. The Planner said that it finally appears as if the applicant is working on revising their plans and diligently proceed with the project. The Board warns that if the applicant is not at the next meeting they will disapprove the Permit for inaction. Deferred to December 17, 2002. P. Schwarz arrives. The Board has a four member quorum for special permits. IV. Verizon Wireless 1401 Andover Street Wireless and Site Plan Special Permit Planning Board Minutes December 3, 2002 Page 3 of 3 DRAFT Approved by Planning Board on Mr. Simons addressed the abutters and residents in the audience and explains the difference between the roles of the Planning Board and the Zoning Board. The Planning Board with respect to wireless communications has a very narrow site plan review which focuses mainly on design and siting. Michael Giaimo, representative for Verizon, asks for full board to be present before further consideration given to his application. Item deferred to later in the meeting. DISCUSSION ITEMS (Continued): Waiting for the Board's fifth member the Board takes up discussion items. V. Foxwood Attorney Letter/Bond Release The Planner informs the Board that Tom Urbelis, Town Counsel, has asked the Board to release Bond moneys in the amount of$46,025.52 per a settlement agreement reached with Foxwood and the Town. The amount represents back taxes owed on parcels of open space. The money is to be returned to the development corporation that in turn will pay the back taxes. The money is to be taken from bond moneys revoked by the Planning Board. P. Schwarz moves to release Foxwood bond funds in the amount of$46,025.52 for the Foxwood settlement as determined by the November 13, 2002 settlement agreement. G. White seconds, all in favor, motion carries. PUBLIC HEARINGS (Continued): Waiting for the full Board the members agree to take Carter Farm Subdivision out of order. V. Carter Farm Subdivision PRD Watershed Special Permit Tom Zahoruiko did an overall presentation of his project. Planner states that we are awaiting VHB's final review and final action by the state legislature regarding the Town boundary line change. Mr. Zahoruiko will file with Conservation Commission after the boundary change is final. In response to a question by Mr. Simons, Mr. Zahoruiko indicates that the Fields Committee knows about the project which contains three multi- use recreation fields for the Town and the fields will be properly facilitated. R. Nardella arrives at 8:05 p.m. Full Board seated, VI. Omnipoint/ 1 High Street Wireless and Site Plan Special Permit Paul Gascoigne refreshes the Board with a presentation of the wireless project. The planner discuss that the VHB review has minor comments that can be dealt with as waivers. Mr. Schwarz asks for more detail and Mr. Simons responds that full technical Planning Board Minutes December 3, 2002 Page 4 of 4 DRAFT Approved by Planning Board on review of the proposal has been performed by VHB. Mr. Nardella discussed the variance granted by the Zoning Board and asks the audience regarding the status of the abutter's appeal of the variance. Thea Fournier, abutter, replied that there was a motion to dismiss her appeal pending but she had hired an attorney and was confident that she would prevail. Mr. Simons opened the public discussion. Woman, 46 Water Street, asks where the project is in relation to her house and indicates that she is the closest abutter and is not in favor of the project. Mr. Simons again explains that issues of distance to residences was a matter decided by the Zoning Board during the variance process. Mr. Varile (?), 69 Water street, pointed out that there was an existing satellite dish on the smokestack in question. Planning Board responded that all additional antennas require Planning Board and Zoning Board approval. Thea Fournier described the history of the area. There are lots of residential properties, worker housing, for the old mills. She wants a community where the ZBA and Planning Board act on behalf of the concerns of the people who do not want this installation. She also questions how the Board can go forward with the Special Permit when her appeal against the ZBA action was pending. Carter Halling (?), 65 Elm Street, also makes the same comment and speaks about lack of notice of the ZBA hearing. The Chair replies that if the ZBA action is overturned the Planning Board action would be moot. Mr. Schwarz asked the Planner about the time line of the application. The Planner states that the time in which to hold a public hearing and extensions granted by the applicant have expired. The Board must close the public hearing this evening and issue a final decision within 90 days. Mr. Simons reminds the audience that the Board jurisdiction on this application is design and structurally oriented. Cindy Allen, 45 Elm Street, makes the point that the address doesn't look like 1 High Street. Mr. Simons rebuts that the plan shows where the installation is proposed and the building location is a matter of public record. Thea Fournier alleges that Omnipoint falsified their application in Methuen. Applicant address the Board that she is falsely slandering and impugning the company. Mr. Simons says the Planner will comment on the address issue. Cindy Allen was on the committee that instituted the 600 foot setback and her expectations of its implementation have not been met. Mr. Schwarz reminds everyone of the variance procedure. Thea Fournier speaks about economic devaluation of property. Cindy Allen told the Board that she questioned cell phone users on the corner of High Street and they had no dropped calls,therefore there was no gap in coverage. Mr. Nardella describes the process of implementing the 600' setback and said that number was just pulled from the air. Cindy Allen was also on the committee and asks that Mr. Nardella retract that statement. The abutter from Water Street said he did not attend the ZBA meeting because he figured the variance wouldn't be granted because the houses were so close to the installation. Carter Halling asks if addressing makes a difference in the view shed. Mr. Simons asks the Planner to investigate the ambiguity as to address. Planning Board Minutes December 3, 2002 Page 5 of 5 DRAFT Approved by Planning Board on The woman from Water Street takes the floor again and states she doesn't want it so close. Walter Soule of the ZBA suggests resurrecting the Wireless Committee because there is so much interest. Mr. Nardella moves to close the public hearing for 1 High Street and direct staff to prepare a decision for next meeting. A. Angles seconds, all in favor, motion carries. IV. Verizon Wireless 1401 Andover Street Wireless and Site Plan Special Permit Mike Giaimo for Verizon describes the proposal. Construction Manager states that the antennas will be mounted outside the parapet with a pipe mount and bracket. It will stick out 6 inches. Everything will be painted white to match. Mr. Simons asks the applicant to take a photograph of a similar existing installation for the next meeting. An abutter asks why Pentucket Bank building cannot be used. Applicant responded that they were approached but there is no space for their installation there. Thea Fournier states that under the Telecommunications Act dropped calls are not a coverage. Unidentified abutter asks about ZBA notice. Mr. Simons states that these issues are not germane to the Planning Board's jurisdiction. Thea Fournier asks about the process for appealing the Planning Board decision. She also urges the Board to look down the road as to the moral and long term health impacts of this installation. The Board asks the applicant for design alternatives, like placing the antennas behind the parapets. The applicant is instructed to come back with a menu of alternatives. Abutter wants to see green tickets (return receipts) from ZBA notice. Board defers to December 17,2002 for design alternatives. Will close the Public Hearing then. VII. 180 Marblerid e Road Watershed Special Permit Applicant engineer discusses the plan for an addition and terrace to an existing structure. Engineer shows runoff treatment. A. Angles moves to close the public hearing. F. Schwarz seconds, all in favor, motion carries. VIII. 383 Johnson Street Watershed S ecial Permit Lots 1 2 3 and 4. Merrimack Engineering describes the plan and infiltration for the four lots located near the wetland. He also describes the proposed development and impervious area increases. He further indicates that the driveway on lot 3 cannot be moved to the other side of the house to be further away from the wetlands due to the topography of the lot. If the driveway is moved there will be further grading and disturbance necessary. Mr. Schwarz questions why the house on lot 3 cannot be moved further back on the lot. Engineer says due to building setbacks this is the best and only place for the house. Planner indicates Planning Board Minutes December 3, 2002 Page 6 of 6 3 DRAFT Approved by Planning Board on that a final review from VHB is needed. Bili Barrett, applicant,tells the Board that he is trying to remodel the existing house but it is in bad shape. Deferred to December 17, 2002 for VHB review. Public hearing will be closed and Planner will have a decision drafted. IX. 7 Berrington Watershed Special Permit John Willis, attorney, and his brother engineer describe the location of the driveway. Driveway is proposed closer to the wetland to avoid cutting down an existing grove of trees. Wetlands were flagged by Conservation. A. Angles moves to close the public hearing and have a decision prepared for the next meeting, all in favor, motion carries. X. Peach Tree Farm Subdivision Tom Laudani introduces the cluster subdivision. Planner brings up the fact that this parcel is subject to a 60A right of first refusal by the Planning Board. Wendy Wakeman, selectmen, and Chair of Conservation commission, both in the audience, state that their respective Boards did not vote on this issue yet. T. Laudani continues that the Rea homestead will remain. There will be a 40' ROW, 22 feet of pavement, and 5 feet of sidewalks on the new subdivision road. The previous subdivision, Celtic Cross, was a conventional design. This design was chosen to keep development off the slopes and away from the wetlands. Chris Huntress discussed landscaping and design theme of the development. It was designed for a streetseape with houses close to the street, picket fence and a village green. Drainage was briefly discussed. He also indicated that open space provided was over 50% something like 59%. Andy Zalewski, MZO Group, described the different housing designs. Public hearing opened. Will Woodcock, 38 Rea, asked how townhouses maintained the character since there are no townhouses in the area. J. Simons said it was designed to keep the view shed. James Bejucas, representing his son an abutter discussed cul-de-sac waiver and his concern with safety and that this was bad planning. He also mentioned that there is no open space near Kara Drive. The Chairman describes the open space requirement for Planned Residential Developments. Mr. Schwarz points out that there is almost 60 foot of landscaped buffer between the Kara Drive properties. Pete Bennett, Kara Drive, didn't get an abutter notice and wanted to know the cost of the houses. High $600,000. Maria Swan, 95 Kara Drive, asked about the effect on schools, sewer, and other town services. Mr. Simons said water and sewer are reviewed by DPW and other services are protected by growth management. Applicant said they are preparing a traffic study. Wendy Gail, 3 Jay Road wants to see rear profiles of the houses. Mr. Schwarz agrees and asks for a 3-1)rendering of the view from Rea Street. Mr. Simons wants the ROW staked for the site walk. Rick Nardella asks if there will be a homeowners association that controls the design and use of the houses once occupied. Mr. Laudani says yes and that it will be similar to Phillips Common. Planning Board Minutes December 3, 2002 Page 7 of 7 � b DRAFT Approved by Planning Board on Deferred to December 17,2002; site walk scheduled for December 14, 2002. PLANNING BOARD BUSINESS T PlqpWqg Board Recommendations to Special Town Meeting A. Increase in time upon which the ZBA has to act on a variance to 100 days per state law. A. Angles moves for favorable recommendation, G. White seconds. All in favor, motion carries. B. Deletion of durational limits on temporary political signs. F. Schwarz moves for favorable recommendation, G. White seconds. All in favor motion carries. Adjourment at 12:20 a.m. Planning Board Minutes December 3, 2002 Page 8 of 8