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Planning Board Minutes . -... \ X SO, FI CE
March 14,2001 0' MAY 25 AM 10' 1 g
Present: Bernie Dolan, Acting Chair, Roger Achille, Acting Clerk~ Tliomas NItShane,
Kenneth Torman, Scott Frank Mark Cook HANSF
1. Minutes February 21,2001
Motion: To approve as submitted (Dolan-Cook) All in favor. PASSES
2. Castle Hill special permit to be signed. Mr. Burke explained the plan has changed
because another branch of the river was found~ several lot lines have been changed.
(Mr. French arrived) Mr. Burke explained the question is whether the special permit
can be issued with reference to the revised plan, or whether the plans should go
through public hearing again. He said nothing substantial had changed, so he did
not think another public hearing was necessary.
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Dr. Torman asked if anything else may have been missed that might cause problems
later. Mr. Burke said the banks and river area are well defined, so he did not think
there would be an issue.
Motion: The changes are not substantial enough the require a new public hearing,
but a new set of blue lines are required showing the revisions before signing
(Dolan-Cook) All in favor. PASSES
(Mr. McShane arrived at this time.)
3. Memo from Mike Ahern suggesting putting off street acceptance until the fall
because of the early date of spring Town Meeting.
Motion: To notify developers that the Planning Board will not recommend
acceptance of any streets at Spring Town Meeting, and request they withdraw
their petitions and resubmit for the Fall Town Meeting.
(Dolan-Achille) Six in favor. Frank abstained. PASSES
School Street - Springbrook Cemetary. The cemetery corporation will convey the house
lot on School Street to a private party. Mr. Burke explained the lot has sufficient
frontage and area~ they have also requested a fee waiver.
Motion: To sign the Form A (Torman-Cook) AlIi n favor. PASSES
Motion: To waive the filing fee (Dolan-Cook) One in favor. Six opposed. FAILS
The clerk read the public hearing notice.
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Planning Board Article I
4.4.4.9 Entrance/Exit Drive Widths and Location
[Original A deleted, subsequent paragraphs relettered]
A. The minimum distance between an entrance or exit drive at the street (right-
of-way) line and the curb line of an intersection street shall be fifty (50) feet in
all directions.
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B. The maximum width of an entrance or exit drive at the street (right-of-way)
line shall be twenty-four (24) feet in a Residential district and forty (40) feet in
any other district. If the driveway is divided to separate entrance and exit
movements, the combined width may be increased to sixty (60) feet.
C. The Planning Board may authorize departures from the above standards as
follows:
a. In Industrial, Business and Planned Business districts, the Board
may authorize more than two access driveways if it determines that
such additional driveways are necessary to provide adequate area for
safe vehicular turning movements and circulation. In any case, there
shall be no more than one additional access driveway for each one
hundred (100) feet of frontage, and all two-way access driveways on
a single lot shall be at least one hundred (100) feet apart measured
from the centerline of each access driveway.
b. In Industrial, Business and Planned Business districts, the Board
may authorize a driveway with a greater width than provided for
herein when the Planning Board finds that such width would
facilitate traffic flow and safety.
c. No increase in the number or width of driveways shall be
granted unless the Planning Board specifically finds that the
proposed design would provide a higher level of traffic safety than a
design conforming to the design standards set forth herein.
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Mr. French explained the Planning Board has recently seen several industrial plans with
driveway issues~ this amendment would give the board the authority to allow two
driveways where they are needed.
Public Comment
Karl Clemmey suggested the article refer to "radius" rather than "curb line" and said
"right of way" should be defined. He suggested allowing industrial zone driveways to
be wider to accommodate larger trucks. Mr. Clemmey was concerned this article would
give the Planning Board a lot of power, and asked if an applicant would still be able to
apply to the Zoning Board of Appeals for a special permit. Mr. French explained that if
the Planning Board did not find it necessary to waive the landscaping standards, an
applicant could still apply to the Zoning Board of Appeals for a variance, then return to
the Planning Board to complete the process.
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Planning Board Article II
4.3.5 Modification of Specific Standards
A. In the event an applicant desires to deviate from the specific standards for
landscaping and screening set forth in this section, the Planning Board may
approve alternative plans when it determines that the general purpose and
intent of the landscaping and screening requirements are met.
B. No such permission to modify landscaping and screening standards shall
be granted unless the Planning Board finds that the proposed landscaping
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arrangement meets the general purpose, intent and objectives of this section
and in addition makes one of the following findings:
a. The alternative landscaping arrangement proposed by the applicant is
clearly preferable for the site and surroundings than one strictly
conforming to the standards of this section.
b. It is impractical to provide the specified depth of landscaped areas due
to the size, shape or other characteristics of the parcel beyond the
control of the applicant, and the alternative arrangement proposed by
the applicant provides equivalent benefits to the site and surrounding
areas.
Mr. French explained this would allow the board some discretion with regard to the
landscaping standards, and would avoid having to send applicants back to the Zoning
Board of Appeals to waive those standards.
Public Comment
Mr. Clemmey asked if an applicant would still be able to apply for a special permit if
this were passed. Mr. French explained if the Planning Board did not find it necessary
to waive the landscaping standards, an applicant could still apply to the Zoning Board of
Appeals for a variance, then return to the Planning Board to complete the process.
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Planning Board Article m
4.3.11 Design for Pedestrian Circulation
A. Pedestrian Access Through Buffers and Screens
Landscaped buffers should, to the greatest extent possible, serve as usable open
space, providing an environment for pedestrian access between uses. Therefore,
buffers shall be designed to include appropriate means of pedestrian access and
crossing, both along the landscaped area (i.e., in a parallel direction with the
property line) and across the buffer (i.e., providing pedestrian access to the site,
separate from vehicular access points when the Planning Board finds such
access points to be safe, useful and beneficial to pedestrians). Buffers and
screens shall provide for appropriate hard-surfaced pedestrian access points and
walkways where property lines abut existing or planned public streets, whether or
not such streets have been constructed, unless the Planning Board finds such
access points unnecessary.
Mr. French explained this article is similar to Article II, which allows the board some
discretion to find where a pedestrian access is appropriate, and where it is not. Mr.
Frank suggested leaving the access "required" and the board can make a finding to
waive the requirement~ this way an applicant has to justify why such an access is not
needed. Consensus was to make that change, as reflected above.
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Planning Board Article IV
3.6.7A Exterior Wireless Communication Towers and 3.6.7B Interior Wireless
Communication Towers
3.6.7.1 Purpose
The purpose of these regulations include: minimizing adverse impacts of wireless
communications towers, and antennas on adjacent properties and residential
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neighborhoods; minimizing the overall number and height of such facilities to
only what is essential, and promoting shared use of existing facilities to reduce the
need for new facilities. This section does not apply to satellite dishes and
antennas for residential use.
For the purposes of this by-law, a wireless communication facility shall mean a
facility for the provision of wireless telecommunication services regulated by the
Federal Communications Commission (FCC) and described as "personal wireless
services" as defined in the Federal Telecommunicaitons Act of 1996 as amended,
and may be an internally or externally mounted repeater, antenna or array; or may
be a free-standing monopole for the provision of cellular telephone services,
personal communication services, paging services, and specialized mobile radio.
3.6.7.2 General Requirements
3.6.7.3 No wireless communications facility, which shall include monopoles, shall be
erected or installed except in compliance with the provisions of this Section. In
all cases, a Special Permit is required from the Planning Board (the "Board").
Section 5.5 Special Permits of these By-Laws shall apply to these applications.
Any proposed extension in the height, addition of cells, antenna or panels, or
construction of a new or replacement of a facility shall be subject to a new
application for a Special Permit.
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Notwithstanding the foregoing or any provision to the contrary in this section,
wireless communication antennas (including panels) may be mounted on or
attached to existing non-residential structures, including, but not limited to,
water towers, buildings, church steeples by right in the Reservoir District,
Planned Business District, and Industrial 1 District and by Special Permit in
the Industrial 2 and Industrial 3 Districts provided that they are properly
screened and conform to Section 3.6.7.4 Design Guidelines and provided that
the wireless communication antenna, including panels and supports are:
1) finished in a manner designed to be aesthetically consistent with the
exterior of the building or structure.
2) and affixed to said building or structure in a manner that does not:
a) obscure any window or exterior architectural feature~
b) extend above the highest point of the structure by more than
twelve (12) feet in height~
3) and the surface area, individually or in the aggregate, of the antennas
or panels facing streets or adjacent properties does not exceed fifty
(50) square feet.
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3.6.7.3.1 Interior mounted wireless communication facilities are allowed by right
in all Industrial, Business, Planned Business Districts, and the Reservoir
District if such facility and all equipment is located entirely within an
existing building or structure and entirely concealed from view from the
exterior of the building or structure. In Residential Districts, interior
mounted wireless communication facilities may be allowed by special
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limited to, steeples, bell towers, cupolas, and spires of non-resident
buildings or structures existing before January 1, 2001. Provided,
however, all equipment is located entirely within an existing building or
structure and entirely concealed from view from the exterior of the
building or structure.
3.6.7.2.3 Only free-standing monopoles, with associated antenna and/or panels are
allowed as specified in Section 3.6.7.4 below. Lattice style towers and similar
facilities requiring three or more legs and/or guy wires for support are not
allowed.
3.6.7.2.4 Wireless communications facilities located in the Reservoir District, Planned
Business District, and the Industrial 1 zoning district shall be suitably screened
from abutters and residential neighborhoods.
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3.6.7.2.5 Where approval involves a free-standing monopole owned or controlled by
the applicant, approval of radiolink equipment shall be conditioned upon the
agreement of the applicant to reasonably cooperate with other wireless
communications services providers in permitting collocation of antennas on
such structure on commercially reasonable terms, unless: (a) there are
structural or other limitations which make it unfeasible to accommodate the
proposed facility: or (b) the proposed facility would interfere with the
wireless communications of one or more existing occupants at the site,
including the applicant.
3.6.7.2.5 Structures shall be removed within one (1) year of cessation of use. Annual
certification demonstrating continuing compliance with the standards of the
Federal Communications Commission, Federal Aviation Administration and
the American National Standards Institute and required maintenance shall be
filed with the Inspector of Buildings by the Special Permit holder.
SCHEDULE OF PRINCIPAL USE REGULATIONS
RESIDENTIAL
DISTRICTS
1 2 3 ]
BUSINESS
DISTRICTS
1 2 3 P 1
B
D
INDUSTRIAL
DISTRICTS
2 3 A SPA
3.6
INDUSTRIAL USES
3.6.7a Exterior Wireless
Communication
Facility
NNNY
NNNYYSSNY
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3.6.7b Interior Wireless
Communication
Facility
~ ~ ~ Y
YYY Y YYYNY
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3.6.7c Free-Standing
Wireless Communication
Facility N N N ~
N N N ~
~NNNY
[The balance of the Schedule of Principal Use Regulations, Industrial Uses, is
unchanged]
Mr. Burke explained this would allow wireless communications facilities, fully enclosed,
by right in the RD and PBD~ and fully enclosed, by special permit in existing, non-
residential structures in residential districts. The intention of the by-law is to avoid the
need for wireless companies to build new towers~ this way, they could install new
antennae in church steeples or similar structures.
Dr. Torman asked why an antenna couldn't be installed someplace like the top floor of
the Millhaus apartment complex. Mr. Burke said the by-law would be limited to existing,
non-residential structures~ this way the number and location can be limited.
Mr. McShane asked whether any new information is available regarding the effects of
electromagnetic fields. He also asked why the facilities were being allowed in the RD by
right~ Mr. Burke explained the RD is a small parcel of land between industrially-zoned
parcels, and other than its proximity to the water, isn't any more special than its
neighbors.
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Mr. McShane was concerned with an applicant filing a multi-story project on the land
known as the Point, then installing antennae on top of that. He said he would be more
comfortable with special permit in that zone.
Mr. Frank suggested coming up with a better definition of "wireless communication
facility"~ he added he wasn't sure whether interior mounted antennae could be regulated
on private property at all.
Mr. Achille was concerned that the way the article is written makes it sound like they
would only be allowed in churches and nowhere else. Mr. Burke said he would add
"included but not limited to" in order to clarify that.
Consensus was to add a new definition of "wireless communication facility" to the
article, to leave it by right in the RD, and change it to by right in the PBD, since it was by
right when that was zoned 11. These changes are reflected in the above article.
Public Comment
There was no public comment on this article.
Planning Board Article V
r 3.4.9 Aviation: Activities including and related to the operation of a general
aviation airport for the operation, fueling, maintenance and storage of aircraft.
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Mr. Burke explained Mass Aeronautics is concerned about the creation of the PBD, and
the fact that it does not allow aviation. He said it appears Mass Aeronautics has the legal
ability to reject the Zoning By-Law because of that fact. When the Airport district was
created under the Master Plan, aviation was precluded in all zones except the Airport
zone. Mr. Burke explained to Wayne Kerchner of Mass Aeronautics that aviation would
be allowed as an accessory use; for example if a company has a helicopter pad on its roof
However, if aviation were the primary use, it would have to be conducted in the Airport
zone. The new Aviation definition specifies "general aviation airport".
Motion: To close the public hearing (Torman-Cook) All in favor. PASSES
Mr. Trowbridge explained he had previously done a Form A plan, breaking out one lot on
East Street. He showed the board a sketch of a conventional subdivision with two lots
and a 300-foot cul-de-sac roadway, explaining he has applied to the Zoning Board of
Appeals for a variance from lot size requirements, since under a residential compound,
each lot has to have 80,000 square feet. Mr. Trowbridge explained the hardship is the
shape of the site.
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The town owns land abutting this site for the Dustin Well~ the owner still owns the Form
A lot on East Street, and will convey some land so the new lots meet frontage
requirements. Mr. Trowbridge said if he did a traditional subdivision, the town would
end up with another road to maintain. Mr. Burke said the 80,000 square foot requirement
was put into the residential compound regulations as a quid pro quo; the developer saves
money on the roadway, and the town gets some open space and larger lots.
Mr. Burke asked why, if the Form A lot has not been conveyed, why didn't the developer
include it on this plan? Mr. Trowbridge explained the owner wanted to begin building on
that lot. Mr. Frank said if the applicant is granted a variance, he would rather see a
compound than a traditional subdivision~ Mr. Cook agreed.
Zoning Board of Appeals Request for Variance: The applicant is requesting a variance
under 5.7.2.1, less than required tract size in a residential compound. The lots are
approximately 2,012 square feet short.
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Mr. Dolan said if the variance were not granted, the applicant would have to do a
traditional subdivision, which he has demonstrated he can do, and which would not be in
the best interest of the town.
Motion: To send the Zoning Board of Appeals a positive recommendation because a
residential compound is a better option than a traditional subdivision.
(Dolan-McShane)
Mr. McShane said a residential compound is a good idea, but he believes it has been
misused by applicants who cannot make a traditional subdivision work. He said while it
might not apply to this particular site, no matter how small the site it, these applicants try
to fit in a residential compound in places where houses should not be built. He suggested
eliminating the regulation entirely.
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Mr. Dolan said he thought this was a good location for a residential compound.
Mr. Frank said he could not support a variance because he does not see a demonstrated
hardship. Mr. Burke suggested a negative recommendation because there is no hardship.
Six in favor. Frank opposed. PASSES
Mr. Frank asked about the Sweetlands revision. Mr. Burke said revised plans have been
submitted, and Town Counsel's opinion says the 75 foot setback does not apply to this
property .
Mr. McShane asked if the Zoning Board of Appeals had been notified regarding the
board's zoning amendments. Mr. Burke said they had been, along with the IDC, but
neither board had responded. The board discussed whether one member should attend
the next Zoning Board of Appeals meeting, in case of any questions.
Motion: To adjourn at 9:45 p.m. (Torman-McShane) All in favor. PASSES
Date of next meeting: March 21,2001 at 7:30 p.m.
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