1/15/2008 - Meeting Minutes

1/15/2008 - Meeting Minutes

Postby Maria Lajoie » Thu May 08, 2008 8:18 am

The meeting of the Planning Board was called to order at 7:02 PM.

Present: Richard Vanden Berg (Chairman), Mark Mungeam, Linda Brown, Ernest Marks, Eben Chesebrough, David St. George, Roy Swenson, Stephen Zisk (Planning/Conservation Agent), William Cundiff (Town Engineer), Lisa Lannon (Recording Secretary).
Guests: Adelle Reynolds (Building Commissioner), Bryan Wilson (Northeast Wireless).

Mr. Cundiff reviewed with the Board the draft of the wording of conditions for the Special Permit for Northeast Wireless. The focus was on Section VII. Decision & Conditions.
Discussion held on 1. b. regarding the non transferability of the Special Permit. Mr. Wilson indicated that it is his feeling that the Special Permit runs with the land, not the applicant. Ms. Reynolds indicated that technically it does not go with the land like a variance would. With a Special Permit it does not automatically go with the change of ownership, however, that does not mean that you cannot put a condition in there stating that upon ownership change notification it transfers. She emphasized that something should be put in the conditions that would involve notification to the Town that the ownership has changed and that there be some type of verification.
It was noted that there should be a single point of contact that can be referenced if needed. Much discussion ensued. Mr. Wilson suggested that if any of the parties change in sections I through IV of the Special Permit then the appropriate change shall be posted with the Planning Agent prior to any such assignment or sale. Mr. Zisk suggested that the annual report be submitted with any changes and posted with the Town Clerk. Mr. Swenson felt that if there is a change it should come back to the Board for review. That way there would be a measure of control. Other members felt that was a lengthy process for a transfer of ownership.
Ms. Reynolds noted the importance of making sure any new owners would know what the conditions are; therefore, there should be some type of notification to the Board as well as Building Commissioner. Mr. Cundiff suggested eliminating the first sentence of 1. b. “This Special Permit is non-transferable” and replacing with “This Permit may transfer as authorized by the Planning Board”. Therefore, a Public Hearing would not be necessary, however, there would be a letter that is brought to the Board and that would involve discussion, authorization and documentation. Mr. Wilson felt that this would put the Board in a position of restricting the owner’s business activities. He felt that the Board should have the information they seek and that if he provides notice prior to transfer to the appropriate person/department, he felt this accomplishes the goal.
Much discussion held. Mr. Cundiff suggested the following amendment to 1. a. “If any of the parties listed in Section I – Section IV change, and then this Special Permit may transfer upon prior notification in writing to the Planning Board by the applicant of all changes within 30 days”. The consensus of the Board was that this is acceptable.
Regarding 1. c. “Inspection of the operation may be made at any reasonable hours by an Agent of the Board”. Members agreed to amend to “an Agent of the Planning Board”.
Regarding 1. g. “The Applicant shall ensure safe and convenient vehicular access to the project site during the entire duration of the project.” Ms. Reynolds indicated that she would like to see the wording changed to include beyond the duration of the project and perhaps the life of the tower. She noted the importance of public safety access. Ms. Brown suggested phrasing it “for the duration of the permit”. Members agreed.
Mr. Wilson suggested adding to 1. l. “as required by the Town for identification purposes”. Some discussion held.
With regard to 1. o. Mr. Cundiff read the following language proposed by Mr. Wilson: “Each year on the anniversary of the “In Service” data of the tower, the applicant shall file a report with the Town Clerk certifying that the tower does not exceed the Maximum Power Density for transmission as allowed by FCC and any other applicable Statutes”. Some discussion held. Mr. Mungeam suggested replacing the word “applicant” with “Special Permit holder”. Members agreed. Ms. Reynolds suggested adding that a copy of the report be submitted to the Building Department also. She also suggested that wording include that a qualified individual submit the report. Mr. Cundiff read the amended change as: “Each year on the anniversary of the “In-Service” data of the tower, the Special Permit holder shall file a report with the Town Clerk, the Planning Board and the Building Department prepared by a qualified individual of cell tower communications certifying that the tower does not exceed the Maximum Power Density for transmission as allowed by FCC and any other applicable Statutes”. Mr. Cundiff noted that he would replace the word “applicant” with “Special Permit holder” where appropriate throughout the document.
Ms. Reynolds questioned 1. p. and if it means prior to issuance of Certificate Occupancy or within 30 days of issuance. She felt that the connotation of it could lead to possible discrepancy as to what is required by the Building Commissioner. Some discussion held. It was suggested that this issue be handled through the Building Department since it is a building permit issue. Therefore, it was agreed to eliminate 1. p.
Discussion held regarding 1. q. “This Special Permit is valid for a period of 2 years from the date of issuance. Operation beyond this date will require a subsequent Special Permit”. It was felt that it was unnecessary to warrant the process repeated in 2 years, however, it was noted that the Bylaw warrants this. Mr. Chesebrough read the bylaw “6.5.7 Term (1) - Special Permits authorized under this section shall be limited to an initial term of 2 years and shall be renewed every 2 years thereafter provided that the Special Permit holder has filed with the Board annual certification demonstrating continued compliance with the Special Permit and the applicable federal and state regulatory requirements”. It was felt that there is not a need to go through the entire Special Permitting process only a renewal. So in two years of the date of issuance the Board would review it and if the reports have been submitted as required then they will renew it. Mr. Cundiff suggested rewording 1. q. to reference renewal requirements as stipulated in Bylaw 6.5.7. Term (1) and (2). Ms. Reynolds suggested that if the Special Permit holder has to go to the Planning Board for this renewal process there should be some documentation of the renewal. Mr. Vanden Berg indicated that it would be an agenda item for the Planning Board and recorded at the meeting. The Planning Agent will bring this item to the Board every other year. Board members agreed.
Discussion held regarding 1. s. “Antenna arrays added to the Tower after the initial start of operation shall require Planning Board authorization”. Since the Special Permit allows for a maximum of 5 and in view of the fact that annual reports are required, it was felt that this is redundant. It was questioned if the annual reports will show that there are additional arrays. Mr. Wilson indicated that the density reports would show an increase. Members agreed to eliminate this item.
Discussion held regarding 1. t. “If operation of the wireless communication facility is abandoned for a continuous period of one year of more, all components of the facility shall be removed”. It was felt that this is covered already in the section referencing the Bylaw and that this can be eliminated.
It was questioned again if the Special Permit runs with the owner of the land or the applicant. It was agreed that the responsibilities of the Special Permit are with the holder of the Permit and not the landowner. The holder of the Permit has a lease with the owner of the land.
Special Conditions were discussed. Regarding 1. “White pine trees are to be planted on suitable spacing (10-Feet) along the side of the easement on the West Hartford Road side”. Mr. Cundiff recommended including the words “and maintained” with regard to the trees. Ms. Brown questioned if the size of the trees should be specified. Mr. Mungeam suggested 6’ trees in a 100’ space, which would be a total of 10 trees. Mr. Zisk suggested that there be wording to allow for inspection after the trees have been planted to assure proper spacing and adequate coverage. He also felt that a clause should allow for additional plantings if it is determined that there is not adequate coverage. Members agreed with all of this.
Discussion held regarding 2. and the contact information. It was noted that the contact information would be maintained with the file in addition to a sign on the fence.
Mr. Cundiff questioned if there should be some surety in the event that the Tower is abandoned to assure that it will be taken down. Mr. Chesebrough questioned Mr. Wilson if there is a clause in the lease to return the property to its original state should the Tower no longer be used and whether the applicant would be carrying an insurance policy. Mr. Wilson indicated the answer is yes to both concerns. Discussion held regarding the amount. Mr. Chesebrough noted that in the above already referenced Bylaw (2) notes that “the Permit Holder shall post a bond or other financial surety with the Town Treasurer in the amount to be deemed sufficient to cover the dismantle and removal of the Tower in the event of discontinued use”. It was agreed that this amount does not have to be determined tonight.
Much discussion ensued regarding the edits and signing the Special Permit. Mr. Cundiff will make the appropriate edits for the Board’s approval and signature at the next meeting on January 29, 2008.

The Public Hearing for the application for an Accessory Apartment Special Permit for Mr. Hue Tieu for 44 Downs Road was continued. Mr. Vanden Berg noted a Certification of Completion letter from the Building Commissioner regarding this permit. It was also noted that the issue with the Uxbridge District Court has been handled. Mr. St. George made a motion to endorse the application for the Accessory Apartment Special Permit for Mr. Hue Tieu. Mr. Marks seconded the motion. The vote was unanimous.

Minutes of the October 23, 2007 Board Meeting were reviewed. Motion made by Ms. Brown to approve the minutes of the October 23, 2007 Meeting as amended. Seconded by Mr. Swenson. Unanimously voted.
Minutes of the November 13, 2007 Board Meeting were reviewed. Motion made by Ms. Brown to approve the minutes of the November 13, 2007 Meeting as amended. Motion seconded by Mr. Marks. Unanimously voted.
Minutes of the December 11, 2007 Board Meeting were reviewed. Mr. St. George motioned to approve the minutes of the December 11, 2007 Meeting as amended. Seconded by Mr. Marks. Voted unanimously.
It was agreed to review the November 13, 2007 Executive Session at another time.

The fiscal year 2009 Budget Request Packet was reviewed and discussed. It was agreed to raise advertising to $1000 from $925.
Mr. Cundiff noted that over the years, a significant amount has been held in the Professional/Technical line for the GIS Mapping and the majority of it has not been used. He questioned if the zoning map will be pursued next year and should something be held in there for that. Discussion held regarding some of the discrepancies in the map. It was questioned what the next step would be with this. Mr. Cundiff noted that the Board could work on coming up with what the discrepancies are, however, that would be extremely cumbersome. Another option would be to advertise for people to come in to the Community Development Office and review and comment on the map. Mr. Vanden Berg suggested having an informational meeting with the public regarding this issue. He suggested that he make a presentation at the Town Meeting regarding this issue. Mr. Cundiff indicated that Warrant Articles are due by March 28th and that he will draft something up for Mr. Vanden Berg’s review. Mr. Cundiff will then carry the $5,280 for the Professional/Technical.
It was agreed to lower Other Supplies to $100. Dues/Memberships increase to $1,700. Training/Education lowered to $300. The other items would be left at level funded. The use of Town Counsel was questioned. Mr. Chesebrough suggested tracking what the Board spends on this item. Mr. Cundiff will look into this.

The proposed outline for the Route 16 Corridor Study submitted by Stephen Wallace from Central Massachusetts Regional Planning Commission (CMRPC) was reviewed. Mr. Cundiff noted that there is also a final invoice to be signed from them. He noted that the Board might want to hold off on the invoice until the final report comes in. Board agreed to let CMRPC know the outline is fine.

Mr. Marks reviewed the Zoning Board Application for 318 North West Main Street; applicant’s name is Sherlock. The request is for a Special Permit to demolish an existing non conforming cottage and replace it with a year round home that will exceed the original foot print on property located on a RA Zone District. It was felt that information was lacking. Upon review, the Board recommends denial due to increase of non-conformity.

Mr. Vanden Berg noted some items from past discussions that the Board has not as yet agreed upon included the detail of the preliminary plan, the length of cul-de-sacs, and plan with no waivers.
Discussion held on the Rules & Regulations Governing the Subdivision of Land beginning with 4.2 Definitive Plan.
Section 4.2.2. 1. amended to “Two full sized (24” by 36”) and Twenty-two reduced size (12” by 18” ) individually bound copies of the following:”.
Section 4.2.2. 1 (h) the word “National” changed to “Natural”.
Application fees were discussed. Mr. Cundiff noted that $5.00 per abutter is being charge at the present time; however, it now costs more than that to notify abutters. Fees must be changed at a Public Hearing.
Some discussion held regarding 1 (j) and amending it to duplicate section 4.1.4 (s).
Discussion held regarding 4.2.2. 3 amended to “Two full size sets of engineering drawings and twenty-two reduced size (12” by 18”) individually bound….”
Discussion held regarding 4.2.2. 4 amended to “…dated Stormwater Management Calculations from section 4.2.3. i) m).
Regarding the last paragraph in section 4.3.3 referencing the Town Clerk, Mr. Chesebrough noted the Chapter 169 Public Acts of 1994 General Massachusetts Law indicates you can no longer give anything to the Town Clerk.
Mr. Vanden Berg that the next time they will resume with page 12 from the top 4.2.3 (a) Cover Sheet.

Mr. Cundiff noted that the covenant for Evergreen Estates was not signed. The Town Counsel has some issues with some of the language in some of the easements.

There being no further business, Mr. Marks made a motion to adjourn the meeting. Motion seconded by Mr. St. George. Meeting adjourned at 9:55 PM.

Respectfully submitted,

Lisa Lannon
Recording Secretary
Maria Lajoie
Maria Lajoie
Posts: 1468
Joined: Thu May 26, 2005 11:09 am
Location: Community Development Department

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