Condensed from approved minutes:
Andover Planning Board Minutes  January 30, 2018


Members Present: Nancy Teach, Chair; Randall Costa, Vice-Chair; Paul Currier’ Art Urie; Doug Phelps; and Dave Blinn, Ex-Officio

Also present for duration of appropriate items: Pat Moyer, Zoning & Planning Coordinator; Bill Bardsley; Victor Manougian; Tyler Haynes, McLane Middleton or Brian Ross, Structure Consulting Group; Keith Vallente, C2 Systems, LLC

Non-Binding Consultation: Bill Bardsley; Lot Line Adjustment, Elbow Pond Road; Tax Map 15, Lot 606,176 and Tax Map 18; Lot 834,578 owned by Steve Miano

Bardsley presented a tax map of the location explaining that Miano has offered him a small section of his property between the property line and a barbed-wire fence on the Miano property which Bardsley previously understood to be the property line. The lot is 1.30 acres.  The board advised that the adjustment would have to be recorded with the state; therefore a survey would be needed. A deed of transfer with  metes and bounds set out and an attorney agreement drawn up with the two parties agreeing on the new boundary.  The board also advised that both parties would need to be present for the hearing.

Non-Binding Consultation: Bell Atlantic Mobile Systems of Allentown, Inc. d/b/a Verizon Wireless – 640 Main Street, Tax Map 28, Lot 090,242R.
Teach initiated the discussion by noting that Verizon had been granted the variances sought for the cell tower by the Zoning Board of Adjustment, in addition to the Planning Board’s prior determination of site suitability. Costa then noted that the purpose of this phase, Site Plan Review, is to ensure that the project plans comply with all conditions of the approvals for the project, and with any other applicable provisions of the Zoning Ordinance. While the Planning Board’s focus now is on the documents and drawings, Site Plan Review may also extend to onsite verification. No building permit will be issued, and no site work may commence, before successful completion of Site Plan Review.
Costa then went on to say that the Board had reviewed the draft Site Plan Review materials provided by Verizon and determined that the draft materials are incomplete in certain areas, and that therefore the Planning Board was not yet in a position to schedule a Site Plan Review hearing.
The key open items were then outlined and next steps agreed as follows (it being noted other items may be identified based on future review of a complete application):
1. The Site Plan Review application as presented is the preliminary draft provided last July 21, plus a cover letter. While the additional new attached plans appeared up-to-date, the July application contains superseded, non-relevant, and inaccurate information and drawings, and the bundle as a whole may be missing changes that have been agreed or mandated since then. The concern is that this could create confusion if in the future there is a need to refer to the Site Plan review and decisions taken or requirements stipulated in that review. The Board asked that Verizon tender a new, updated Site Plan Review application that responds to each item on the checklist. Each checklist item should reference page and paragraph in the application.

2. Ordinance performance standards (Article X, Section B.4) require a 50’ buffer from any access clearing to the property boundary. The bottom portion of the proposed right of way cutting on the draft drawings is closer than 50’ to the property boundary. Verizon stated that it believed there was scope to reroute the road, and that the terrain should permit this. It was recognized that relocating the road would further accomplish the goal of minimizing the visual impact of the cutting from Route 11.
3. The draft forest buffer easement, while correctly identifying the full area of the buffer, contains material inaccuracies and gaps. The Board explained that it had consulted with Town Counsel, who agreed, and is reviewing the easement with the Select Board. It is planned that the Town of Andover will promptly send a revised form that should correct these gaps. Accordingly, the easement will not be executed until this new draft has been provided, and agreed with Verizon.
4. Other aspects of the access road were reviewed: It was noted that the land lease agreement entered into between the Town and Verizon does not contain authorization for any clearing or fill outside the 30’ right-of-way that may be required to grade the road and provide for drainage as currently depicted on Verizon’s draft drawings. It was agreed to be a shared goal to minimize clearing of the forest visual screen and disruption of the terrain, both to keep project costs down and to minimize visual and environmental impacts. Verizon committed, as part of its focus on routing and designing the access way per item 2 above, to see if the road, which is 12’ in cross section, and its associated cutting, embankment, and drainage, can be kept with the 30’ right of way. If in specific areas Verizon’s engineers believe it is necessary to go outside the right of way, they will seek to minimize any such disturbance, and will specify on the drawings precisely where such extension are required, why, and how these have been held to a minimum. The same discussion applies to the 50’x50’ tower enclosure and 25’x50’ turnaround area in front of the enclosure: Verizon will look to clear only for this 75’x50’ footprint and will minimize and explain the justification for any proposed disruption outside this footprint if it is viewed as necessary from an engineering perspective.
5. The packet does not include the Professional Engineer’s report on removal costs, and the form of security for these costs plus 15%, required under Ordinance Article XII, Section 9.3. Verizon stated that the PE’s report had been included in an earlier submission and will include it in the new draft Site Plan Review packet to be provided, and further committed to sending this report and its proposed form of security to Town Counsel for review and approval.
6. The Board noted that Verizon had in previous meetings indicated willingness to conducting the final design and construction process in a way that will minimize the cutting of mature trees in constructing the road and erecting its communications facilities. It was affirmed that Verizon and the Board shared the objectives of minimizing landscape disruption and visual impacts. It was agreed that the Site Plan Review application would set out a process to accomplish this, specifically: Assuming satisfactory completion of document and drawing review as part of Site Plan Review, the Board’s Site Plan approval would be contingent on an on-site review. For such on-site review, Verizon will stake out the boundaries and centerline of the access way, as well as the 50’x50’ tower enclosure and its 25’x50’ turnaround area, and mark the trees it expects to cut. The Board, the Select Board, the Conservation Commission and a forester designated by the Town would perform an onsite review. In a spirit of collaboration, the parties would then discuss whether any changes might be preferable, or other factors taken into consideration, to establish the final footprint of the clearing and construction.

Verizon and the Board agreed to schedule a follow-up non binding consultation at the next regular Board meeting, February 13, and Verizon agreed to provide the updated draft Site Plan Review application in the form requested in item 1 and with revised drawings and details addressing the other points discussed five days in advance of the consultation. Assuming the February 13 consultation establishes that the application is complete, the parties will look to schedule a public hearing at the next regularly scheduled Board meeting. The Board thanked Verizon for its constructive and collaborative response to the concerns raised.
Public Hearing – Proposed Warrant Articles to amend the Town’s Zoning Ordinance
Teach opened the public hearing at 8:00 p.m. There being no public present, the board reviewed the draft articles.

The public hearing was closed at 8:10 p.m.

Minutes of January 9, 2018
Unanimous vote, as amended, of January 9, 2018 minutes.
Adjournment: 8:35 PM.

Respectfully Submitted,

Lisa Meier, Recording Secretary