MINUTES OF THE PLANNING BOARD MEETING
JULY 9, 2008
MEMBERS PRESENT: Chair Patricia Halpin, John Baker, Karen Paré, CityplaceLawrence Salate, Vincent Vignaly
MEMBERS ABSENT: None
OTHERS PRESENT: None
OMNIPOINT COMMUNICATIONS (T-MOBILE) SUBMITTAL OF APPLICATION FOR SPECIAL PERMIT AND SITE PLAN REVIEW
An application for a Special Permit and Site Plan Review was received from Omnipoint Communications (T-Mobile) to collocate on the cell tower on addressStreetLawrence Street. Appropriate filing fees and the requisite number of copies of the application were received. A public hearing was scheduled for August 14, 2008 at 7:30 p.m.
PROPOSED REVISIONS TO OPEN SPACE PLAN
Ms. Halpin congratulated Mr. Vignaly, who, as the Planning Board’s representative to the Open Space Committee, did a great job coordinating and contributing to the proposed revisions to the town’s Open Space Plan. Ms. Halpin inquired why there is no mention of the town pool in the Plan and Mr. Vignaly stated that the Park Commission is not prioritizing a pool at this time. The old town pool is not repairable and there is no money for a new pool. This is an item that can possibly be pursued through “shared services” with another town. Upon motion of Ms. Paré and second of Mr. Salate, it was unanimously voted to commend the Open Space Committee on their 2008 update to the town’s Open Space Plan and to endorse such plan. Ms. Halpin will send a
letter of endorsement to the Board of Selectmen.
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July 9, 2008 Page 2
DISCUSSION OF ROAD ACCEPTANCE PROCEDURES
Ms. Paré drafted proposed road acceptance procedures for discussion with the Planning Board, by combining ideas from the North Andover Subdivision Regulations and those of West Boylston. The Planning Board needs to decide whether to require metes and bounds to be included on the warrant article at Town Meeting, as requested by our Town Clerk. There is a danger that any mistake in the reproduction of the details of the metes and bounds, once voted, will legally delineate a road. The Town Clerk won’t need the metes and bounds in the warrant if sections of the placeNorth Andover document are borrowed. Ms. Paré noted that there needs to be a distinction made between the “Road Acceptance Plan” and “As-Built” plans. The procedure is for the
road layout (containing a signature block) to be sent to the Board of Selectmen, who must vote to lay out the road. This signed plan must reach the Town Clerk seven days prior to Town Meeting and should contain the metes and bounds. According to Town Counsel, when some Boards of Selectmen lay out a road, many towns require a public hearing, especially if the land was purchased or taken by the town. MGL does not require a public hearing. Mr. Vignaly inquired how the Planning Board could make the Board of Selectmen have a public hearing. Ms. Paré suggested that both Town Counsel and the Board of Selectmen review the proposed procedures before they are adopted. These days, it is common to acquire a road by easements, which are accepted and conveyed to the town; voted at Town Meeting and then registered. The town accepts the land as a “right-of-way” with the drainage, sewer, etc. Mr. Salate inquired whether it would be
possible to show the steps in the road acceptance process through a flow chart and Ms. Paré stated that she believes it would be feasible. She asked members to review the draft document for further discussion at the next meeting of the Planning Board.
REPORTS ON OTHER BOARDS
Open Space: On July 16th, members of the Open Space Committee will attend the meeting of the Selectmen in order to discuss their endorsement of the revisions to the “Open Space Plan”. Mr. Vignaly noted that, in researching data for the Plan, he discovered that the town receives $569,000 from the DCR in “pilot funds”. Ms. Halpin suggested that the committee needs to make a case for why the town needs to have open space, in light of the fact that there is already plenty of open space due to the reservoir.
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July 9, 2008 Page 3.
Earth Removal: Mr. Baker reported that soil testing continues at the site of the former Shell Oil tank farm at addressStreet137 Shrewsbury Street. There are plans to take 750 cubic yards of contaminated soil from the site to an asphalt plant for re-use. Ms. Paré stated that the Board signed an ANR plan creating two lots at the site and queried whether they would be considered brownfields, which can receive funding from the state for development. Mr. Vignaly stated that one lot is OK and the other is still being remediated.
Sidewalk Committee: Mr. Salate, as a member of the sidewalk committee, went on a site walk of the sidewalks in town in order to gain background for a needs assessment.
NEW BUSINESS
Because of a probable lack of quorem for the next meeting, it was unanimously voted (motion by Mr. Salate, second Mr. Baker) to move the date of the next Planning Board meeting from August 13th to Aug. 14th
MINUTES/BILLS
No bills were submitted for payment. On motion of Mr. Vignaly and second of Mr. Salate, it was unanimously voted to approve, as amended, the Minutes of the Meeting of June 25, 2008.
Date Accepted:_______ By______________________
Karen Paré, Clerk
Submitted By:_________________________
Susan Abramson
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