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HomeMy WebLinkAbout2013-09-17 Planning Board Minutes (2) PLANNING BOARD Meeting Minutes Tuesday, September 17, 2013 Town Hall, 120 Main Street 7:00 PM 1 Present: J. Simons, M. Colantoni, D. Kellogg, L. Rudnicki, L. McSherry, R. Rowen (arrived at 2 7:20) 3 Absent: 4 Staff Present: J. Tymon,J. Enright 5 6 Meeting began at 7:05pm. 7 8 LOT RELEASE 9 72 Great Pond Road, "Turkey Hill": T. Zahoruiko requests release of Lot 2 and Lot 3. 10 J. Tymon: This is a three Lot subdivision with an existing home. The Lot for the existing home 11 has been released. A covenant and a bond are in place. 12 T. Zahoruiko, Developer: None of the facilities that have been built are public facilities. They 13 are over the Right-Of-Way but they are individual services to individual homes. The bond 14 covers overall site conditions as opposed to specific infrastructure. 15 MOTION 16 A motion was made by D. Kellogg to release Lot 2 and Lot B of 72 Great Pond Road, "Turkey 17 Hill". The motion was seconded by L. Rudnicki. The vote was unanimous 5-0 (R. Rowen had 18 not arrived yet). 19 20 PUBLIC HEARINGS 21 CONTINUED PUBLIC HEARING, 0 Great Pond Road (Map 35 Lot 4): Application for a 22 Watershed Special Permit. Applicant seeks to construct a single family dwelling with 23 appurtenances on a presently undeveloped, buildable lot. 24 J. Tymon: This applicant has gone to the Zoning Board of Appeals for a Variance. The Lot is 25 similar to the Lot adjacent to it that recently was approved for a single family home. The 26 proposed driveway is within the Conservation Zone and the proposed house is within the Non- 27 Disturbance Zone. L. Eggleston has reviewed the project and all of her concerns have been 28 resolved. 29 Bill Holt, En ig neer: Provided a revised Landscape Plan to the Board and reviewed the changes. 30 L. Eggleston will have to review these revisions. Soil tests were conducted approximately three 31 weeks ago and the soil is better than the abutting Lot. The grading of the driveway has been 32 revised so that it slopes toward the detention trench. The water and sewer pipes have been 33 placed under the driveway, native plantings have been added to the Landscape Plan, the lawn 34 area has been reduced, and the house has been moved back four feet to pull it further away from 35 the 50' No-Build Zone. Reviewed the alternate locations for the house. The alternative 36 locations result in approximately 25K to 35K sq. ft. of disturbance verse fewer than 17K sq. ft. of 37 disturbance for the proposed house location. The Conservation Commission is also reviewing 38 the project. 39 L. Rudnicki: This Plan does not show the water stops for the trench drain. Requested the trench 40 drain be widened along the top part of the driveway and to make the distance between water 41 stops the same as designed for the abutting property. 42 J. Simons: The hearing will be kept open and a vote will be taken at the next meeting. 43 1 PLANNING BOARD Meeting Minutes Tuesday, September 17, 2013 Town Hall, 120 Main Street 7:00 PM 44 CONTINUED PUBLIC HEARING, 1077 Osgood Street: Application for a Watershed Special 45 Permit and Site Plan Review Special Permit. Applicant proposes to construct a 3,672 sq. ft. 46 single story retail bank, parking lot, and stormwater structures within the Non-Discharge Zone 47 and Non-Disturbance Zone of the Watershed Protection District. 48 J. Tymon: The applicant has provided a new building floor plan that shows the side door facing 49 the marketplace parking lot opening in. This allows for a more than adequate sidewalk width. L. 50 Eggleston's major stormwater concerns have been addressed. The Operations and Maintenance 51 Plan (O&M) was received today. The Stormtech's filters are very expensive to maintain. L. 52 Eggleston had some concern about this and the applicant should be aware of it. L. Eggleston still 53 needs to review the O& M Plan. The Board may want to condition the Decision to bond some 54 funds to make sure the maintenance is performed. 55 Richard Barthelmes, Lynnfield Engineering: Provided hard copy of the revised floor plan and 56 O&M Plan. The original cost projection for the storm filters included the cost of the filter. It has 57 since been determined that the whole filter is not replaced. The filters are on a service contract 58 and on a cartridge exchange program. Only the media of the filter is replaced. Quarterly costs 59 for the first year and annual costs thereafter were presented. After the second year the cost may 60 decrease as the filter maintenance may only be required every 2-3 years. 61 BOARD: General discussion around how the Town ensures compliance with the O& M Plan 62 and who in the Town would be responsible for enforcement, monitoring, and following up. 63 R. Barthelmes: We perform inspections for customers and provide inspection reports to the 64 Town. 65 J. Tymon: The Conservation Department and Planning Department should receive the reports. 66 There are very few sites that report to the Town once they are constructed. The Decision will 67 have to have conditions stating what action is to be taken for non-compliance. 68 BOARD: Recommended that Town Planner discuss the concern with Town Counsel and get a 69 recommendation on how to ensure compliance with the O&M Plan post construction. 70 R. Barthelmes: Jennifer Hughes, Conservation Administrator,raised a question about whether 71 there was an easement for the outfall and whether the outfall is included in the Town's MS-4 72 permit. There are no records related to an easement. Best case is there may have been a letter 73 given by Borden allowing them to install the piping on their property. The piping is a straight 74 run from Butcher Boy Marketplace, down Clark Street, turns right and runs parallel to a pipe that 75 also discharges onto the Borden property. The discharge is not on Town property. This project 76 will go before the Conservation Commission as well. 77 L. Rudnicki: If the pipes are run under the road there should be a Use and Maintenance 78 Agreement so that if that pipe brakes the Town is not responsible for fixing it. 79 Robert Reifeiss, Lloyd Architects: Reviewed the floor plan and revisions to the side door, 80 elevations, and building materials. 81 L. Rudnicki: Recommended L. Eggleston review and approve the proposed decorative metal 82 strip. 83 J. Simons: Requested the Board members forward thoughts on the Finding of Facts and 84 Conditions they would like included in the Notice of Decision. 85 2 PLANNING BOARD Meeting Minutes Tuesday, September 17, 2013 Town Hall, 120 Main Street 7:00 PM 86 CONTINUED PUBLIC HEARING, 102 Peters Street: Application for Special Permit-Site Plan 87 Review Modification. Applicant proposes Change of Use of a 2,745 sq. ft., single story 88 commercial building with an 11 parking space parking lot from previously approved office use to 89 day care use. 90 J. Tymon: The Town's peer reviewer submitted an additional report and he is of the opinion that 91 this site is not conducive to the operation of a daycare center. The report states that in reviewing 92 the traffic characteristics of an office or medical office use occupying the existing building such 93 uses would result in approximately 11 vehicle trips during the weekday morning and evening 94 peak hours. This level of activity would be equivalent to a daycare center serving 15 students. 95 The peer reviewer recommends that if approved a management plan for drop-off/pick-up be put 96 in place and that it be monitored by an independent company. He also agrees with the mitigation 97 measures proposed by the applicant. A site visit was conducted on Monday, September 16, 2013 98 at 8:00 am with J. Tymon, D. Kellogg, L. McSherry, Lt. Foulds, Bill Macleod, and Mark 99 Johnson. 100 Giles Ham, Vanasse & Associates: The evening peak hour is much busier than the morning peak 101 hour. This afternoon there was an arrival rate of approximately 17.5 cars coming up the hill to 102 the traffic light. For approximately one hour between 4:30 —6:00 pm the queue was about 20 103 cars, if not longer. The daycare is a more intensive use than the medical office/office use that 104 was approved. The mitigation recommendations will help a little bit, but the driveway is only 105 150' from the intersection and there is regularly a queue. Realistically, people will park their car 106 and walk the quickest route to the building. Stated he did not have a concern that there was not a 107 sidewalk. The turnover on the site and the queuing in the lot will be problematic. The queuing 108 on the main road will also be problematic. 109 Lieutenant Foulds, North Andover: At the site visit there was not a major issue with traffic 110 queuing because there were no cars taking a left turn into the site. The possibility is there, traffic 111 does build up at this intersection. Stated it has been one of the worst intersections in his twenty- 112 six years on the Police Department. There is no room for someone to pass on the right when a 113 car is waiting to take a left-hand turn into the site. The recommendation by L. McSherry to place 114 a"Right Hand Turn Only"restriction when coming out of the parking lot is a good 115 recommendation. This will minimize a queue inside the parking lot and free up parking spaces. 116 People will take the most direct route to the building from their car. They only way to make a 117 sidewalk work is if it is part of the drop-off procedure and enforced by the daycare center. Even 118 then, a sidewalk can only be put on one side of the lot. The "do not block driveway"will 119 probably work only about 50% of the time and it is not enforceable. The "right turn only" sign 120 could be made enforceable. It would have to be a Mass. DPW sign and voted in by the Board of 121 Selectmen. The size of the parking lot is a concern. There will parents with children walking 122 through the parking lot while cars are backing out of parking spaces. There is plenty of room to 123 back out, but the view can be blocked on the right or the left. The sidewalk idea is a good one 124 but it would have to be part of the drop-off plan and enforced by the daycare. Possibly make the 125 sidewalk side for the drop-off and the other side for the employees. 126 J. Simons: Reality is that the natural tendency will be to take the direct route. 127 B. Macleod, Andover Consultants: The parking lot is built to the Town's zoning requirement 128 dimensions for parking spaces and maneuverability aisles. A sidewalk can be put on the East 3 PLANNING BOARD Meeting Minutes Tuesday, September 17, 2013 Town Hall, 120 Main Street 7:00 PM 129 side of the parking lot. The parking lot is sufficient for the number of cars projected in D. 130 Kelly's analysis. 131 J. Simons: Yes, it is an 11 space parking lot and it was designed at the time the use was to be 132 different but the standard for a daycare center is a parking lot that allows for circular traffic, one- 133 way in and one way out. This parking lot is not optimal for the use that is proposed. 134 B. Macleod: The layout of the parking lot works for the school that is proposed. The "Right 135 Turn Only Sign" could be put up. 136 Dermot Kelly: Reviewed the number and rate/hour of potential left-hand turns into the parking 137 lot and the total number of cars entering the site during peak hours. 138 L. McSherry: There is no way for the Town to enforce the pick-up/drop-off schedule. 139 L. Rudnicki: We do not even know if we can put the "Do Not Block Driveway"pavement 140 marking in the Decision because it has to go to Mass. Highway. The "Right Hand Turn Only" 141 sign has to go to the Selectmen. 142 J. Tymon: The peer reviewer recommended a management plan and there could be a condition 143 to have it monitored by an independent person. 144 Mark. Johnson, Attorney: The afternoon pick-up is spread over three hours. The business 145 operator has an incentive to police the traffic. If people cannot get on and off the site then she is 146 not going to have clients. 147 J. Simons: Asked the Board members to give their non-committal opinion on where they stand 148 on the project. This will be voted at the next meeting. 149 M. Johnson: An outline of how the site will operate will be provided for the next meeting. 150 J. Simons: Requested the traffic peer reviewer provide any comments he feels necessary based 151 on tonight's discussion. 152 153 MEETING MINUTES: Approval of September 3, 2013 meeting minutes. 154 MOTION 155 A motion was made by L. Rudnicki to approve the September 3, 2013 meeting minutes as 156 presented. The motion was seconded by M. Colantoni. The vote was unanimous, 6-0 in favor. 157 158 ADJOURNMENT 159 MOTION: 160 A motion was made by R. Rowen to adjourn the meeting. The motion was seconded by D. 161 Kellogg. The vote was unanimous, 6-0 in favor. 162 163 The meeting adjourned at 8:55 pm. 164 165 MEETING MATERIALS: Agenda, 0 Great Pond Road: Variance & Watershed Special Permit 166 Site Plan (sheet 1 of 3), Lot 41 Great Pond Road Map 35 Parcel 4 Special Permit-Watershed 167 Application, Landscape Plan Special Permit Site Plan (sheet 1 of 1), Lot 1 Great Pond Road 168 stormwater response letter dated 8/29/2013, Form 11-Soil Suitability Assessment for On-Site 169 Sewage Disposal, Variance and Watershed Special Permit Site Plan (sheet 1 of 2), Stormwater 170 review letter dated 9/11/2013 from Eggleston Environmental, Stormwater review letter dated 171 7/22/2013 from Eggleston Environmental, Landscape Plan, Landscape Plan dated 9/12/13, 4 PLANNING BOARD Meeting Minutes Tuesday, September 17, 2013 Town Hall, 120 Main Street 7:00 PM 172 Butcher Boy Marketplace proposed Pentucket Bank: Response to Comments letter dated 173 8/29/2013 from Lynnfield Engineering to stormwater review, Peer Review Summary comments 174 from Lynnfield Engineering in response to Hancock Associates dated 8/29/2013, Response to 175 Comments Letter dated September 3, 2013 from Lynnfield Engineering to Hancock Associates 176 comments, Elevations (A211 & A210), Landscape Plan, Lighting Plan,(E-1 & E2), Peer Review 177 Summary Final letter dated 9/2/2013 from Hancock Associates, Plot Plan of Land, Existing 178 Conditions Plan, Erosion and Sedimentation Control Plan, Overall Site Improvement Plan, Site 179 Layout Plan, Site Grading, Drainage, and Utility Plan, Fire Department review comments dated 180 9/13/2013, Stormwater review comments letter from Eggleston Environmental dated 9/12/2013, 181 Pentucket Bank Layout Plan, Inspection and Maintenance Plan Stormwater Management System 182 dated 9/16/2013, 102 Peters Street: Alternative Mitigation Measures Plan (sheet 1 of 1), 183 Response letter to traffic peer review comments dated 8/28/2013 from Dermot Kelly, Conceptual 184 Landscape Plan (L-1), Proposed Site Plan 102 Peters Street, Supplemental Traffic Engineering 185 Peer Review letter dated 9/10/2013 from Vanasse @ Associates, Inc., 72 Great Pond Road: 186 Decision-Definitive Subdivision Plan 72 Great Pond Road dated 12/18/20129/03/2013 draft 187 meeting minutes. 5