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HomeMy WebLinkAbout2013-08-06 Planning Board Meeting Minutes PLANNING BOARD Meeting Minutes Tuesday, August 6, 2013 Town Hall, 120 Main Street 7:00 PM PresentȀ 2Ǿ 2®¶¤­Ǿ -ȁ #®« ­³®­¨Ǿ $ȁ +¤««®¦¦Ǿ ,ȁ 2´£­¨¢ª¨ȁ ,ȁ -¢3§¤±±¸ Њ AbsentȀ *ȁ 3¨¬®­² Ћ 3³ ¥¥ 0±¤²¤­³Ȁ *ȁ 4¸¬®­Ǿ Jȁ %­±¨¦§³ Ќ Ѝ -¤¤³¨­¦ ¡¤¦ ­  ³ 7:00pm. Ў Џ POSTPONEMENTS А CONTINUED PUBLIC HEARING, 0 Great Pond Road (Map 35 Lot 4): Application for a Б Watershed Special Permit. Applicant seeks to construct a single family dwelling with В appurtenances on a presently undeveloped, buildable lot. ЊЉ ЊЊ CONTINUED PUBLIC HEARING, 1077 Osgood Street: Application for a Watershed Special ЊЋ Permit and Site Plan Review Special Permit. Applicant proposes to construct a 3,672 sq. ft. ЊЌ single story retail bank, parking lot, and stormwater structures within the Non-Discharge Zone ЊЍ and Non-Disturbance Zone of the Watershed Protection District. ЊЎ ЊЏ PUBLIC HEARINGS ЊА NEW PUBLIC HEARING, 102 Peters Street: Application for Special Permit-Site Plan Review ЊБ Modification. Applicant proposes Change of Use of a 2,745 sq. ft., single story commercial ЊВ building with an 11 parking space parking lot from previously approved office use to day care ЋЉ use. ЋЊ J. Tymon: This site was approved by Special Permit for offices. This site consists of the ЋЋ building, 11 parking spaces, and a small grass area behind the building. The property owner, ЋЌ Jeffrey Sheehy is requesting to change the use from office use to a daycare center. The primary ЋЍ issues with this change of use are traffic and parking. This site is located on a fairly high traffic ЋЎ street and very close to a signalized intersection at Rt. 114. Cars traveling toward Andover ЋЏ would take a left-hand turn into this site. There is concern that this turn would cause traffic to ЋА back up to the intersection. The proposed daycare would have a maximum capacity of 39 ЋБ students and have 4 staff members. The owner of the daycare currently operates a daycare in ЋВ Tewksbury, Ma. The daycare will have a policy that the parents of daycare students will have to ЌЉ sign up for specific drop-off and pick-up times. Dermot Kelly has updated the previous traffic ЌЊ study for this location for this change of use. Assumptions were made based on how the ЌЋ Tewksbury daycare operates. This is a conforming use in the Zoning District. ЌЌ Bill Macleod, Andover Consultants: There are 11 parking spaces on the site. A fence would be ЌЍ installed along the side and rear area of the lot. The State sets the standard for how much square ЌЎ feet of area is required per student. The required area can be met. The fence would be within the ЌЏ ЌА Town Staff says the project has to go to Conservation for a fence we will go before them. The ЌБ approved landscape plan will remain as is. ЌВ D. Kellogg: Questioned whether parents can consistently meet specific drop-off and pick-up ЍЉ schedules and expressed concern that he has had to wait a considerable amount of time to cross ЍЊ the intersection of Rt. 114 and Peters Street. ЍЋ Њ PLANNING BOARD Meeting Minutes Tuesday, August 6, 2013 Town Hall, 120 Main Street 7:00 PM Kerry Fantasia, Daycare Owner: Explained that this center will be open one hour later that the ЍЌ Tewksbury location to allow for more pick-up times. Reviewed the policy and procedures for ЍЍ the drop-off and pick-up plan. The intent of the plan is to alleviate a parking problem or a traffic ЍЎ jam. ЍЏ D. Kellogg: It is the turning left into the parking lot and turning left leaving the parking lot that ЍА could result in a traffic jam. ЍБ Dermot Kelly, Traffic Engineer: Data from the Tewksbury site was used to create the analysis ЍВ for the proposed location. Reviewed the methodology used to create the traffic report and the ЎЉ drop-off/pick-up procedures that will be in place. Explained that at the peak parking time would ЎЊ be after 8:30am when the four staff members would be onsite. There could be 10 cars competing ЎЋ for 7 spaces (11 total spaces 4 staff spaces). One of the 7 is a handicap space. The owner ЎЌ could assign drop-off periods in five minute intervals to try to alleviate this situation. In ЎЍ addition, there are a percentage of students that will carpool, there is an absenteeism rate of ЎЎ approximately 10%, and there are often siblings at the center that will arrive in one car. Each of ЎЏ these will reduce the probability of having too few spaces. ЎА BOARD ЎБ ЎВ maintenance personnel, parents staying longer than expected, management visiting the site. ЏЉ D. Kelly: In the morning 10 cars in a half hour period or 20 in an hour would be worse case if ЏЊ there were one student per car and no absenteeism. There would also be two staff (for the 20 ЏЋ students) and possibly a couple of deliveries. ЏЌ K. Fantasia: Typically the parent just walks the child to the door, drops off, and leaves. It takes ЏЍ a few minutes. ЏЎ R. Rowen: Visitors and/or maintenance vendors would likely come to the site during mid-day ЏЏ and less likely to be during the rush hour. The key is the parents dropping off the children in the ЏА morning and picking up at night. ЏБ D. Kellogg: The drop-off time is likely more predictable than the pick-up time. Depending on ЏВ the occupation it is a little harder to predict when you are going to leave work. АЉ K. Fantasia: Explained the fine schedule late pick-ups. АЊ D. Kelly: Reviewed peak traffic data at the intersection. АЋ BOARD: The concern is not that it will drive incremental traffic onto Rt. 113 it is how difficult АЌ it will be to get back onto the road, particularly the left-hand turn out of the parking lot. Also, АЍ the left-hand turn into the parking lot could cause traffic issues. АЎ D. Kelly: Reviewed the traffic analysis provided for the original Site Plan review. Reviewed АЏ the width of Peters Street in front of the site. Stated there is ability to pass a car (on the right) АА that is waiting to turn left into the parking lot. АБ J. Tymon: There is a granite curb across from the site along Peters Street. There is also a АВ БЉ D. Kelly: The previous traffic study for an office building predicted 3 to 4 cars entering the site БЊ during a weekday morning peak hour. In total (in an out) 28-35 is predicted over 60 minutes. БЋ L. Rudnicki БЌ Mark Johnson, Attorney for owner: Unlike a business like CVS this business can control when БЍ the drop-off and pick-up is. If this business is going to be successful it cannot have people БЎ Ћ PLANNING BOARD Meeting Minutes Tuesday, August 6, 2013 Town Hall, 120 Main Street 7:00 PM coming to the front door furious. This business is able to self-adjust to make sure there is БЏ parking on-site when people are dropping off. БА R. Rowen: In regard to the request for Modification to the Site Plan Review w ББ charter in dealing with traffic? БВ J. Tymon: Read review criteria from the Bylaw. ВЉ Board: The general consensus of the Board is to have an independent third party reviewer ВЊ provide a traffic analysis for circulation and safety. ВЋ M. Johnson: Asked the Board what specifically they would like the peer review to do. ВЌ R. Rowen: ВЍ were made. The opinions of some of the Board members are that some of the assumptions may ВЎ be less conservative than somebody else may make. The peer reviewer will determine if these ВЏ are valid assumptions and will predict what the traffic counts may be in the worse periods. Also, ВА an analysis of the worst traffic situations will be done, likely taking a left into the parking lot in ВБ the morning or taking a left out of the parking lot at any time, to determine what the likely queue ВВ would be and if it would ever establish a queue that would back up into the intersection. In ЊЉЉ addition, they will review the onsite parking layout and traffic to make sure it is safe, ЊЉЊ ЊЉЋ DISCUSSION ЊЉЌ 80 Saile Way: Discussion on violations of existing Watershed Special Permits. ЊЉЍ J. Tymon: We can discuss what the violations of the Decision are; however, Town Counsel ЊЉЎ advises that the remedy or any type of legal action the Board may want to take be discussed in ЊЉЏ Executive session with Town Counsel present. The Conservation Department has issued a letter ЊЉА to Mr. Russell and they are now fining at a rate of $100/day. A Planning Board Watershed ЊЉБ Special Permit was issued in 1997 for construction of the house. There was a very specific limit ЊЉВ of work described on the plan and language was put in the Decision relative to the limit of work. ЊЊЉ There was a subsequent Special Permit issued in 2004 for a pool. That Decision had the same ЊЊЊ language and the plan showed where the limit of work was to be and it stated that no lawn area ЊЊЋ was to be added. Reviewed aerial GIS photos of the property from 2005, 2007, and 2012 as well ЊЊЌ as photos taken from Rolling Ridge property. Lawn area has been planted, trees appear to have ЊЊЍ been limbed, shrubs/plantings have been added, and a walkway has been added that extends from ЊЊЎ ЊЊЏ Conservation Department has issued an Enforcement Order and they are requiring that the ЊЊА applicant bring an Existing Conditions Plan to one of their meetings. ЊЊБ BOARD: The consensus of the Board was to go into Executive Session during the September 3, ЊЊВ 2013 Planning Board meeting to discuss alternatives. ЊЋЉ R. Rowen: Requested the Town Planner provide some opinions/alternatives for remedy of the ЊЋЊ violations. ЊЋЋ ЊЋЌ 2014 Planning Board Meeting Schedule ЊЋЍ J. Tymon: September 16, 2014 may be a Primary election day and November 4, 2014 will be a ЊЋЎ State election day so no public hearings can be held on those dates. ЊЋЏ The Board approved the proposed schedule as presented. ЊЋА ЊЋБ Ќ PLANNING BOARD Meeting Minutes Tuesday, August 6, 2013 Town Hall, 120 Main Street 7:00 PM MISCELLANEOUS ЊЋВ L. Rudnicki: Requested adding a requirement that the applicant submit final project photos with ЊЌЉ the as-built plan to the Special Permit process. ЊЌЊ L. Rudnicki: Suggested that the process of drafting Bylaw language for Wind Turbines and ЊЌЋ Medical Marijuana Dispensary Facilities begin soon. ЊЌЌ ЊЌЍ : MEETING MINUTES Approval of July 16, 2013 meeting minutes. ЊЌЎ MOTION ЊЌЏ A motion was made by L. Rudnicki to approve the July 16, 2013 meeting minutes as amended. ЊЌА The motion was seconded by M. Colantoni. The vote was unanimous, 5-0 in favor. ЊЌБ ЊЌВ ADJOURNMENT ЊЍЉ MOTION : ЊЍЊ A motion was made by M. Colantoni to adjourn the meeting. The motion was seconded by L. ЊЍЋ Rudnicki. The vote was unanimous, 5-0 in favor. ЊЍЌ ЊЍЍ The meeting adjourned at 8:25 pm. ЊЍЎ ЊЍЏ MEETING MATERIALS: Agenda, 102 Peters Street: Peters Street Associates Site Plan ЊЍА Review application, Traffic Report by Dermot J. Kelly dated June 30, 2012, Conceptual ЊЍБ Landscape Plan by Huntress Associates, Inc., Proposed Site Plan dated June 24, 2011, 2 pictures ЊЍВ of across the street from 102 Peters St., Pictometry Online picture of Meritor Academy and ЊЎЉ - ЊЎЊ to Planning Board, 80 Saile Way: Letter dated June 24, 2013 from J. Tymon to Paul Russell re: ЊЎЋ Violation of Watershed Special Permit, Letter dated July 19, 2013 from J. Hughes to Paul and ЊЎЌ Shelley Russell re: Enforcement Order, MIMAP picture 80 Saile Way 2012, Notice of Decision ЊЎЍ dated Dec. 19, 1997 Lot 3 Saile Way, Site Plan Lot 3, Notice of Decision dated March 24, 2004 ЊЎЎ inground swimming pool, Proposed Pool Plan, Pictomety Online pictures dated 2005, 2007, ЊЎЏ 2012, five pictures of property, proposed 2014 Planning Board Meeting Schedule, 7/16/2013 ЊЎА draft meeting minutes. ЊЎБ Ѝ