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HomeMy WebLinkAbout2011-07-05 Planning Board Meeting Minutes PLANNING BOARD Meeting Minutes l Tuesday,July 5, 2011 Town Hall, 120 Main Street 7:00 PM 1 Present: T.Seibert, R. Glover,J.Simons, C. LaVolpicelo 2 Absent: M. Colantoni, R. Rowen 3 Staff Present:J.Tymon,J. Enright 4 Meeting began at 7.03 5 POSTPONEMENT 6 CONTINUED PUBLIC HEARING: 288 Sutton Street,Frontage and Lot Width Exception Special 7 Permit through July 29,2011. 8 At the meeting John Smolak, attorney representing the applicant, requested the Board vote to accept a 9 withdrawal without prejudice for this application. 10 MOTION: 11 A motion was made by T. Seibert to accept the withdrawal without prejudice for 288 Sutton Street 12 Frontage and Lot Width Exception Special Permits. The motion was seconded by C. LaVolpicelo. The 13 vote was unanimous 3-0. 14 15 CONTINUED PUBLIC HEARING: 1679 Osgood Street, Definitive Subdivision for 9 single-family 16 residential lots,common driveway, and frontage exception special permits. 18 CONTINUED PUBLIC HEARING: 140 Academy Road,Application for a Land Disturbance Permit in { 19 connection with proposed construction of five detached single-family homes. 20 21 BOND RELEASE 22 109-123 Main Street Messina's Market): Requesting release of a Performance Bond in the amount of 23 $15,000. 24 J.Tycoon: Has visited the site and all conditions have been met from the site plan review done in 2007. 25 An as-built has been submitted. Gene Willis does not have any issues with the site. 26 MOTION: 27 A motion was made by T. Seibert to release all remaining bond finds held for 109-123 Main Street. The 28 motion was seconded by C. LaVolpicelo. The vote was unanimous 4-0. 29 30 PUBLIC HEARINGS 31 CONTINUED PUBLIC HEARING: 288 Sutton Street, "Mathews Way"Proposal of a Five(5)Lot 32 Definitive Subdivision. 33 J. T mon: A draft decision has been prepared, Stated that the Fire Department and DPW have reviewed 34 the design and approved the plan. The issues that L.Eggleston identified have been addressed. 35 MOTION: 36 A motion was made by T. Seibert to close the Public Hearing for 288 Sutton Street, "Mathews Way", 37 proposal of a Five(5)Lot Definitive Subdivision. The motion was seconded by C.LaVolpicelo. The 38 vote was unanimous 3-0 39 Draft of the Decision was reviewed and amended. 40 MOTION: 41 A motion Nvas made by T. Seibert to approve the Definitive Subdivision Plan for 288 Sutton Street, 42 "Mathews Way", as amended this evening. The motion was seconded by C. LaVolpicelo. The vote was 43 unanimous 3-0. 1 ..... .... ......... .. ..... .... ... ......... ......... ......... ........ . ....... ......... .... . ... ..... ..... ......... ._...... .... ... ....... ........ .. ..... . PLANNING BOARD Meeting Minutes Tuesday,July 5, 2011 Town Hall, 120 Main Street 7:00 PM 44 CONTINUED PUBLIC MEETING: 16 Beny Street, Proposal of an 1 i-lot Preliminary Subdivision Plan 45 on a 27.6 acre parcel. 46 MOTION: 47 A motion was made by T. Seibert to approve the eleven(11)lot Preliminary Subdivision Plan for 16 48 Berry Street. The motion was seconded by C. LaVolpicelo. The vote was unanimous 3-0. 49 50 CONTINUED PUBLIC HEARING: 0 Methuen Street, Single lot Definitive Subdivision 51 I. anion, This hearing is postponed until 7uly 19,2011. 52 53 CONTINUED PUBLIC HEARING: 0 Chestnut Street,Renewal for a Wireless Special Permit and 54 request to add three additional antennas and related equipment, 55 J.Tymon: Reviewed document requirements as they pertain to the Open Meeting Law and stated that 56 the Planning Board has complied with the Open Meeting Law with regard to this application. Stated she 57 received a structural report and copies were given to the Board. Recommended that completion of the 58 three specific requirements stated in the conclusion of the report be conditioned in the Decision. An 59 additional requirement should be that the applicant must submit an affidavit from a structural engineer 60 stating that the structure complies with these requirements. The structural report was the only open 61 item from the last meeting. 62 Susan Roberts Anderson& Kreiger, representing AT&T: Provided an overview of what was discussed at 63 the previous meeting. Reviewed the information contained in the structural report,which was prepared 64 on behalf of the tower owner,SBA Properties. The report was not based on an actual inspection at the 65 site. It was based on prior structural engineering reports. They did a modeling exercise. Described in 66 detail the three recommendations made in the report and stated they are prepared to have the work 67 done. 68 Steve Tryder 386 Chestnut Street: Asked if the applicant is getting a new special permit or is this 69 considered a modification. Read to the Board parts of Section 7 of the Wireless Bylaw, 70 J.Simons: Explained that they are requesting a modification of the special permit which is a special 71 permit in and of itself. 72 S Tryder: Asked if a Long Term Evolution Antenna is the same as a Coaxial Cable antenna. 73 S. Roberts: Stated the Long Term Evolution antennas are the antennas that will be added to the facility. 74 In addition to that will be coaxial cables which connect the equipment. 75 S,Tryder: Stated they were approved for 12 coaxial cable antennas on the special permit referred to at 76 the last meeting, not LTE antennas and that this is a completely different type of equipment. Did not 77 believe that it applied under a modification, 78 J.Simons: Stated that is does apply under a modification. 79 S.Tryder: Asked for an explanation of how there is a significant gap in coverage. 80 S. Roberts: There currently is no LTE coverage in North Andover so that is a gap, The addition of these 81 antennas will improve people's ability to navigate more quickly and more easily on the web and have 82 ability to use data services that AT&T offers. 83 Kristen Smith,SAI Communications: The LTE antennas will add geographical area coverage as well as 84 speed for data services. There is a gap because the antennas that were erected prior were focused 85 mainly on the voice calling rather that the data services. There is a gap in capacity for people to use the 86 data services. This will allow more people to use it at the same time without a delay or drop in the 87 access. 2 ...... ... PLANNING BOARD Meeting Minutes Tuesday,July 5, 2011 Town Hall, 120 Main Street 7:00 PM 88 J. Tymon: Provided a draft Decision for the Board to review. 89 MOTION: 90 A motion was made by T.Seibert to close the Public Hearing. The motion was seconded by R. Glover. 91 The vote was unanimous 4-0. 92 MOTION: 93 A motion was made by T.Seibert to approve the application of New Cingular Wireless PCS, LLC(AT&T)at 94 0 Chestnut Street(a/k/a 300 Chestnut Street)for the renewal for six(6) coaxial antennas and the 95 modification for three (3) new LTE antennas, as amended this evening.The motion was seconded by R. 96 Glover. The vote was unanimous 4-0 97 98 CONTINUED PUBLIC MEETING: 2009 Salem Street,Proposal for a 3-Lot Preliminary Subdivision 99 Plan, 100 J. Tymon: This is also a preliminary subdivision plan. They have provided a new plan showing the soil 101 testing that they have done. 102 J. Simons: Stated that he thought thus was a good plan. There will still be a little bit of a challenge 103 getting out to the street. 104 MOTION: 105 A motion was made by T. Seibert to approve the Preliminary Subdivision Plan for 2009 Salem Street, as 106 amended this evening. The(notion was seconded by C.LaVolpicelo.The vote was unanimous 3-0. 107 108 NEW PUBLIC HEARINGS: 40I.Andover Street and 5 Boston Hill a/k/a 5 Boston Streets Renewal for 109 a Wireless Special Permit at each of these two locations. 110 J. Tycoon: These are two separate public hearings with the same applicant. Verizon is the applicant and 111 they are being represented by Carl Gehring. Copies of all the information for each of the locations has 112 been provided. 113 C. Gehring, oil behalf of Verizon Wireless: Introduced his project team: Melinda Petit,Verizon Wireless 114 Real Estate Dept.,Dr.Don Haes, independent certified health physicist, and Doug Sheadel, acoustical 115 expert. Began with 401 Andover Street. Reviewed all contents of application package. Handed to the 116 Board a copy of the Final Judgment and Order for this location. A generator had been approved for 117 installation at this site in the original Decision and the renewal;however, one was never installed. 118 Requested to preserve the right to put one in at some point in the future. 119 T. Seibert: Noted for tine record that there are no structural issues. The installation is on top of a building. 120 C.C. Gehring, Regarding 5 Boston Hill----Re-introduced the project team as Melinda Petit,Verizon 121 Wireless Real Estate Dept., Dr.Don Haes, independent certified health physicist, and Doug Sheadel, 122 acoustical expert. Reviewed all contents of application packet. Submitted a letter from Benjamin G. 123 Farnum, RE: Evidence of Lease and Landowner's Consent to File for Renewal of Land Use Permits 124 granted to Bell Atlantic Mobile of Ma. Corp. Ltd. d/b/a Verizon Wireless concerning 5 Boston Street, 125 Assessor's Map 107C, Lot 11. 126 J, Simons: Asked J.Tymon to prepare draft Decisions for the August 2, 2011 meeting. 127 128 DISCUSSION 129 102 Peter's Street----Proposed office building 3 PLANNING BOARD Meeting Minutes Tuesday,July 5, 2011 Town Hall, 120 Main Street 7:00 PM 130 J.Tymon: This is a proposal for an office building on a site that currently has a residence on it. It is in 131 the B4 zoning district. The applicant has submitted a site plan and landscaping plan. 132 Dominic Scalise: Representing the applicant,Jeffry Sheehy. This is the last piece of property before the 133 Andover/North Andover line. Pictures of the existing house were given to the Board. The proposal is to 134 take down the house and construct a two story office building of approximately 3,600 sq.ft. The 135 parking would consist of 15 spaces in the front of the lot and the building would be placed towards the 136 back of the lot. A preliminary landscape plan has been prepared by Chris Huntress, Huntress Associates. 137 Pictures of New England, colonial type buildings were presented to the Board to show what the 138 architecture could look like. Will have to file with the Zoning Board as well. 139 J. Tymon: They would have to file with the Conservation Commission as well. 140 J.Simons: If each lot is developed separately they would each have separate curb cuts. Asked if any 141 consideration has been given to combining this lot with the one next to it and having a slightly bigger 142 project with a single entrance and exit,thus minimizing curb cuts. 143 D.Scalise: The problem is each individual wants to do something with their own lot. There is a driveway 144 currently. We intend to move that to the middle of the lot so there would still be just one curb cut. 145 R. Glover: Asked for clarification as to what is to the side and back of the property 146 J_Sheehv: There is a small amount of woods in the back and then the parking lot of the Bixby Building. 147 There is a road along the side which is believed to be owned by Merrimack College. 148 J.Simons: Asked if there was any thought to putting the parking in the back of the lot and building in 149 front. 150 D.Scalise: To maximize the use of the lot it worked out better to put the building in back. 151 R. Glover: Commented that a left hand turn out of this lot onto Rt. 133 could be very difficult. Asked if 152 there is any way to tie into the road Merrimack College owns. 153 D.Scalise: Did not believe Merrimack College would agree to increase traffic on that road. 154 J.Sheehy: Another benefit to have the building in the back of the lot and parking in the front is that it 155 makes for better site distances. Submitted pictures of other buildings with parking in the front and 156 landscaping between the parking and the street. 157 D.Scalise: The applicant will proceed with filing with the Zoning Board of Appeals and will forward 158 copies of plans to the Planning Department as they develop. 159 160 Boston Hill---Changes to CCRC Special Permit proposed by David Holland of The Shelter Group. 161 J.Tymon: There is a valid permit for a CCRC with 125 units all in one building that was voted on 162 4/6/2010. This approved permit has not been recorded yet, but was extended through to the Economic 163 Recovery Act. There was a prior plan, approximately five years ago,for a retirement center that had 164 multiple buildings and a fairly long road going up a steep hill. The Shelter Group, represented by David 165 Holland, is interested in acquiring the property. Meetings have been held with myself, Mr. Holland, his 166 architect,Jennifer Hughes from the Conservation Department and Gerald Brown, Building Inspector. A 167 number of changes to the exterior of the building were discussed. The applicant does not intend to 168 change the footprint of the building. 4 PLANNING BOARD Meeting Minutes { Tuesday,July 5, 2011 Town Hall, 120 Main Street 7:00 PM 169 David Holland,The Shelter Group: Provided an overview of the company.They currently have 22 170 communities of this type of senior living which include congregate care, assisted living, and care for 171 people who have cognitive impairment. Four of these communities are in the greater Boston area. 172 Would like to explain the changes that they believe are relatively administrative and to seek the Board's 173 guidance as to whether these changes are truly administrative and do not require a public hearing for a 174 modification. Introduced Erik Anderson,architect from ProCon, Paul Marchionda, civil engineer,and 175 John Smolak, attorney. 176 Development Team: Explained and discussed with the Board the proposed changes which include: a 177 single building entrance, expansion of subterranean common areas, moving exterior walls in and out 178 slightly to create better in-unit living spaces, maintaining building height but altering slope to allow for 179 higher interior ceiling heights, stepping back the elevated floors to shorten length of hallways and 180 improve building aesthetics, change of unit mix(Independent Living vs.Assisted Living), potentially 181 changing total unit count (plus 5-10 units)to avoid significant number of 1 bedroom or shared units, 182 HVAC design, and parking. There would not be a change in the building footprint. Submitted first floor 183 and second floor site plans. Submitted revised building footprint vs. previous site plan. 184 J.Tymon: Jennifer Hughes did not have any concerns with the proposed changes. She would have been 185 concerned if there were any changes that required changes to the stormwater management,the 186 wetlands,or the defined open space. 187 D. Holland: Anticipates being able to come back to the Board by end of August to review a visual design 188 and elevations. 189 MOTION 190 A motion was made by T. Seibert that these modifications,as presented tonight, are immaterial and 191 relatively administrative and do not require a public hearing. The motion was seconded by R. Glover. 192 The vote was unanimous 4-0. 193 194 MEETING MINUTES: 195 MOTION 196 A motion was made by T.Seibert to approve the June 21, 2011 meeting minutes. The motion was 197 seconded by C. LaVolpicelo. The vote was unanimous 4-0. 198 199 J._Tymon: The Housing Partnership Committee is trying to define their membership list. They typically 200 meet Wednesday mornings at 8:30. if anyone is interested they should let Judy know. 201 202 ADJOURNMENT 203 MOTION 204 A motion was made by R. Glover to adjourn the meeting. The motion was seconded by T.Seibert. The 205 vote was unanimous 4-0. 206 207 Meeting adjourned at 9:13pm 208 209 Meeting Materials: 7/5/2011 Agenda, 288 Sutton St. Form 11 Soil Evaluator Form, 288 Sutton St. 210 Determination for Seasonal High Water Table, 288 Sutton St.draft Decision, 16 Berry St.draft Decision, t 211 0 Chestnut St. draft Decision, Environmental Sound Assessment 0 Chestnut St.dated Oct 13, 2010, 5 PLANNING BOARD Meeting Minutes Tuesday,July 5, 2011 Town Hall, 120 Main Street 7:00 PM 212 Letter from D. Haes,Jr., Ph.D,,CHP Radiation Safety Specialist dated September 28, 2010, FDH 213 Engineering Structural Analysis for SBA Network Services, Inc. dated June 30, 2011 for 0 Chestnut St., 214 2009 Salem St. draft Decision, Evidence of Lease for 5 Boston Street(Boston Hill) letter from B. Farnum 215 dated May 10, 2011, Final Judgment and Order Exhibit 1 for 401 Andover St., Narratives submitted by 216 Gehring&Assoc., LLC dated May 10, 2011 for both 401 Andover St. and 5 Boston Hill Rd (Boston Street), 217 proposed site plan for 102 Peters St. dated June 24, 2011, 102 Peters St. conceptual landscaping design 218 plan submitted by Huntress Associates dated June 2011, MIMAP aerial 102 Peters Street, pictures of 219 existing house 102 Peters Street, pictures of sample architectural designs and landscaping designs for 220 102 Peters Street,Aerial view of 102 Peters St., Boston Hill (1275 Turnpike St.) CCRC layout plan,first& 221 second floor plans, list of proposed changes/reasons/purposes, plans for revised building footprint vs. 222 previous plan, Pro Con proposed first and second floor plans, conceptual rendering: assisted porte 223 cochere by God &Assoc. architects, notice of Decision dated 4/6, 2010 Boston Hill Continued Care, 1275 224 Turnpike St., NA, Ma 01845, letter dated June 30, 2011 submitted by David Holland,The Shelter Group, 225 RE: CCRC at 1275 Turnpike St.,Open Meeting Law effective July 1, 2010,Section 8.9.7 of wireless 226 bylaw—Modifications, meeting minutes June 21, 2011 r t 6