1.        Call to Order of Regular Meeting. Chairman Stephen DeFeo called the meeting to order at 6:35 pm. 

2.     Roll Call. 

Stephen F. DeFeo, Jr., Present

Michael Comei                      Present

Edward A. Miller, Jr.            Absent

Adam Hamel                         Present

Charles F. Perrault                Present

Robert D. Redfern                Absent

James M. Hajjar                    Present 

Others in Attendance Kathleen Colwell, Assistant Director of Planning  Nancy Hudson, Community Development SecretaryMembers of the Audience, Petitioners, Representatives of Petitioners 

3.        Acceptance of the Minutes.a.        September 10, 2008 MOTION:  Charles Perrault moved to accept the minutes of September 10, 2008. SECOND:  James Hajjar DISCUSSION:  None VOTE:  UNANIMOUS b.       October 8, 2008 MOTION:  Charles Perrault moved to accept the minutes of October 8, 2008. SECOND:  James Hajjar DISCUSSION:  None VOTE:  UNANIMOUS 

4.        Consent Agenda. For the record there were no items on the Consent Agenda. 

5.        Zoning Issues. For the record there were no Zoning Issues before the Board.   

6.        Form A Plans. For the record there were no Form A Plans before the Board. 7.    

6:30 CONTINUED PUBLIC HEARING:                           

100A Haverhill St. (St. Anne’s School) Special Permit Personal; Wireless Service FacilityDeadline: January 5, 2009 Attorney Peter Morin, representative of the applicant, MetroPCS, explained that they were seeking to install three antennae in three stealth chimneys at Saint Ann’s School at 100 Haverhill Street.  This is the fifth location permitted by MetroPCS in Methuen, all of them co-located on existing structures.   Frantz Pierre, the radio frequency engineering for MetroPCS explained that this location was necessary to complete the network.  MetroPCS has a license by the FCC to provide seamless wireless coverage throughout New England, including the Methuen area.  Without this site there would be a gap in the coverage.  They have obtained several variances from the ZBA.   In response to questioning by Michael Comei Mr. Pierre explained that the network would be launched when the needed sites were permitted, possibly early 2009. Attorney Morin explained that the network is designed so that when they launch they will have adequate service. Bill McQuade of New England Network Solutions, a representative of the applicant, indicated that a copy of the license was included with the application**. 

Mr. McQuade went over the design of the three faux chimneys and discussed the elevations as shown on the plans**.  He noted that they have designed this to be as visually unobtrusive as possible.  A sound study is also included with the application**. Mr. Hajjar asked about back up power.  Mr. McQuade indicated that there is battery back up.  There will  not be generators. Mr. Comei asked if there were three chimneys because each is for a different direction for 360-degree coverage.  Mr. McQuade replied in the affirmative.  Mr. McQuade also clarified that two antennae would be located in each chimney.  Mr. Comei asked if there was any microwave planned.  Mr. McQuade indicated that it would be landlines.   In response to questions by Stephen DeFeo, Mr. McQuade noted that the chimneys would mimic the design of the the existing chimney on the building. Chairman Stephen DeFeo opened the floor for public participation. For the record no one spoke in favor or in opposition. Assistant Director of Planning, Kathleen Colwell recommended favorable action on this item.  All of the bylaws have been met and the design is such that it will not be noticeable. MOTION:   Michael Comei moved to close the public hearing. SECOND:   Adam Hamel DISCUSSION:  None VOTE:  UNANIMOUS MOTION:   Michael Comei moved to approve the Special Permit for the personal wireless facility. SECOND:   Charles Perrault DISCUSSION:  Michael Comei thanked that applicant for making the extra effort to install the antennae inside the stealth chimneys. VOTE:  UNANIMOUS 

Chairman Stephen DeFeo requested a roll call. Roll Call. 

Stephen F. DeFeo, Jr.            Yes

Michael Comei                      Yes

Edward A. Miller, Jr.           Absent

Adam Hamel                        Yes

Charles F. Perrault               Yes

Robert D. Redfern               Absent

James M. Hajjar                      Yes 

5 in Favor – Motion Carries 

7.        7:00 CONTINUED PUBLIC HEARING:                                           

Roma AveSpecial Permit Unimproved WayDeadline: January 5, 2009 The applicant, Joseph Pappalardo, gave a brief overview of the project.  He is looking for a permit to construct an unimproved road for access to two house lots.  He will install an eight inch water main from Palermo Street. Mr. Comei asked if the road would meet subdivision standards.  Kathleen Colwell indicated that the plan was approved by the Engineering Department. Chairman DeFeo noted that there were 37 signatures on a petition, which he read into the record*. Chairman DeFeo read a letter from the Engineering Department dated October 8, 2008 into the record*. Mr. Pappalardo stated that he would be providing a sewer easement as requested by the Engineering Department. Stephen DeFeo explained that an unimproved road is a road that is laid out but not improved. 

It can be accepted by the City of Methuen. Chairman Stephen DeFeo opened the floor for public participation. For the record the following people spoke in favor. Frank Dolan, 8 Russell Farm Drive:  Mr. Dolan noted that his name was on the petition.  He reiterated that he was in favor of the project. For the record no one else spoke in opposition. For the record no one spoke in opposition. Kathleen Colwell recommended favorable action on this plan. MOTION:   Michael Comei moved to close the public hearing. SECOND:   Adam Hamel DISCUSSION:  None VOTE:  UNANIMOUS MOTION:   Charles Perrault moved to approve the Special Permit for the Unimproved Way, Roma Avenue. SECOND:   James Hajjar DISCUSSION:  Charles Perrault amended his motion to require that an easement plan be reviewed and approved.  James Hajjar amended his second. VOTE:  UNANIMOUS 

Chairman Stephen DeFeo requested a roll call. 

Roll Call. 

Stephen F. DeFeo, Jr.           Yes

Michael Comei                      Yes

Edward A. Miller, Jr.           Absent

Adam Hamel                        Yes

Charles F. Perrault               Yes

Robert D. Redfern               Absent

James M. Hajjar                   Yes 

5 in Favor – Motion Carries 

8.        CONTINUED PUBLIC HEARING:                                           

 64 Swan St. (CVS and Bank) Special Permit Drive-through  & Site Plan ApprovalDeadline: December 8, 2008  Attorney Steven Baddour, representative of the applicant, introduced the team with him this evening.  The plans have been revised and the engineer will be present an overview the changes.  The abutters concerns have also been addressed.  Most of the outstanding issues have been resolved. Steve Stapinski of Merrimack Engineering stated that they have addressed all of the comments of the Engineering Department as well as the peer review engineer.  Final comments have been received from the Engineering Department including the recommendation that a drainpipe be added to the plan.  The plan has been revised to include the drainpipe and the plan has been submitted to the Conservation Commission for approval.  This pipe will help alleviate the flooding on Bicknell Avenue.  Also added is a new drain pipeline on Jackson Street.  This will act as a bypass so that all of the flooding that occurs at the intersection of Jackson and Swan Streets will now go into an interceptor on Conduit Street.  This will be a major benefit to the businesses in that area.  Pavement markings and signage recommended by TEC will be added to the plan.  Mr. Stapinski recommends that a pervious pavement be used in the snow storage area as a replacement for grass. 

This will be added to the plan. Stephen DeFeo inquired about a maintenance schedule for the pervious pavement.   Mr. Stapinski responded that in the Operations and Maintenance schedule which was submitted with the Order of Conditions, a vacuum truck will clean out the catch basins twice a year and a report will be sent to the Commission.  This is the same equipment used to vacuum the pervious pavement.  He stated that this would be part of the maintenance plan for the Order of Conditions.    Kathleen Colwell mentioned that the department’s concern was that this area would become a parking area.  It is too close to the entrance for safe parking.  A part of the reason for the suggestion by TEC to make this a grass area was to prevent parking.  She stated that she has no problem with porous pavement in this area provided that signage is included to prohibit parking.   Mr. Stapinski stated that striping or signage would be added to plan in the snow storage areas. Stephen DeFeo requested that Kathleen Colwell follow up with Conservation to make sure that vacuuming the pervious pavement be a part of the Operations and Maintenance schedule. Chairman Stephen DeFeo opened the floor for public participation. Chairman DeFeo read correspondence from abutters dated September 29, 2008 into the record*. Kathleen Colwell noted that all of the concerns stated in the letter have been addressed with the exception of the drive through hours and security cameras.  She pointed out that our regulations allow operation until midnight.   

For the record the following people spoke in favor. Veronica Campos, 18 Adelaide Avenue:  Ms. Campos thanked the Board and the developers for working with them on their concerns.  She stated that for the most part her concerns have been alleviated and they are looking forward to their new neighbors. For the record no one else spoke in favor. For the record no one spoke in opposition. MOTION:   Michael Comei made a motion to close the public hearing. SECOND:   Charles Perrault DISCUSSION:  None VOTE:  UNANIMOUS Kathleen Colwell suggested that the Board require submission and approval of architectural plans for the proposed bank.  She also noted that the CVS and the proposed bank would each have a drive through. 

MOTION: Michael Comei moved to approve the Special Permit for the drive through and the Site Plan with the following conditions:

1.        The applicants submit architectural drawings of the bank for review and approval by the Community Development Department.

2.        The snow areas be striped or signed for no parking.

3.        The hours of operation of the drive through window are reviewed in six months. SECOND:  Charles Perrault  DISCUSSION:  Charles Perrault asked for clarification on the location of the dumpsters.  Kathleen Colwell explained that they were not located at the rear of the property adjacent to the condominiums.   VOTE:  UNANIMOUS 

Chairman Stephen DeFeo requested a roll call. 

Roll Call. 

Stephen F. DeFeo, Jr.            Yes

Michael Comei                      Yes

Edward A. Miller, Jr.            Absent

Adam Hamel                         Yes

Charles F. Perrault                Yes

Robert D. Redfern                Absent

James M. Hajjar                   Yes 

5 in Favor – Motion Carries 

9.        New Business:

a.        Any new business For the record there was no new business before the Board. 

10.     Old Business

a.        Any old business

Kathleen Colwell noted that the Board had tentatively scheduled the public hearing for Regency at Methuen for the November meeting.  The application will not be ready for November but the applicant is aiming to be on the December agenda. Kathleen Colwell informed the Board that Target has completed all of the items on their punch list and they are requesting their $10,000.00 bond be released.  The parking lot and driveways have been restriped and some final signal timing issues have been worked out.  TEC has reviewed the final items and has found that all work has been completed.  Chairman DeFeo entertained a motion to release the surety bond. MOTION:   James Hajjar so moved.   SECOND:   Adam Hamel DISCUSSION:  None VOTE:  UNANIMOUS For the record there was no other old business. 

11.     Correspondence. For the record there was no correspondence other than what was in the packet. 

12.     Adjournment. There being no further business before the Board, Chairman Stephen DeFeo entertained a motion to adjourn. MOTION:  Michael Comei so moved. SECOND:  Charles Perrault DISCUSSION:  None VOTE:  UNANIMOUS Chairman Stephen DeFeo adjourned the meeting at 7:42 pm. 

Respectfully Submitted,   Nancy P. HudsonCommunity Development Secretary  *      Indicates a copy of document attached to the minutes of record on file in the Office of the City Clerk, 41 Pleasant St., Methuen, MA  01844 **    Indicates document available for review in the Office of Economic & Community Development, 41 Pleasant St., Methuen, MA  01844.       

NEXT REGULAR MEETING WILL BE NOVEMBER 12, 2008