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HomeMy WebLinkAbout2013-10-01 Planning Board Meeting Minutes PLANNING BOARD Meeting Minutes Tuesday, October 1, 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 7:10) 3 Absent: 4 Staff Present: J. Tymon,J. Enright 5 6 Meeting began at 7:03pm. 7 8 PUBLIC HEARINGS 9 CONTINUED PUBLIC HEARING, 0 Great Pond Road (Map 35 Lot 4): Application for a 10 Watershed Special Permit. Applicant seeks to construct a single family dwelling with 11 appurtenances on a presently undeveloped, buildable lot. 12 J. Tymon: The plans have been revised to make the water stops along the gravel edge of the 13 driveway consistent with the plans for the house on the abutting lot. L. Eggleston does not have 14 any outstanding concerns. 15 Bill Holt: The Conservation Commission requested a revision to the plans to depress the stone 16 entrance V-12"below road grade to create a temporary sediment sump during construction. The 17 Conservation Commission has approved the project. 18 MOTION 19 A motion was made by D. Kellogg to close the public hearing for 0 Great Pond Road. The 20 motion was seconded by M. Colantoni. The vote was 5-0 in favor. R. Rowen did not vote. 21 MOTION 22 A motion was made by D. Kellogg to approve the 0 Great Pond Road Watershed Special Permit 23 as amended this evening. The motion was seconded by M. Colantoni. The vote was 5-0 in 24 favor. R. Rowen did not vote. 25 26 CONTINUED PUBLIC HEARING, 1077 Osgood Street: Application for a Watershed Special 27 Permit and Site Plan Review Special Permit. Applicant proposes to construct a 3,672 sq. ft. 28 single story retail bank, parking lot, and stormwater structures within the Non-Discharge Zone 29 and Non-Disturbance Zone of the Watershed Protection District. 30 J. Tymon: The DPW has confirmed that Commerce Way is an accepted street and that the 31 existing stormwater pipe that runs down Commerce Way is owned by the Town and the Town is 32 responsible for the maintenance of that pipe. L. Eggleston has reviewed some of the conditions 33 in the draft Decisions and her comments have been included. The Town's traffic consultant has 34 made recommendations for conditions for monitoring and reporting on the traffic post opening. 35 MOTION 36 A motion was made by R. Rowen to close the public hearing for a Site Plan Review Special 37 Permit for 1077 Osgood Street. The motion was seconded by D. Kellogg. The vote was 38 unanimous, 6-0 in favor. 39 MOTION 40 A motion was made by R. Rowen to close the public hearing for a Watershed Special Permit for 41 1077 Osgood Street. The motion was seconded by D. Kellogg. The vote was unanimous, 6-0 in 42 favor. 43 1 PLANNING BOARD Meeting Minutes Tuesday, October 1, 2013 Town Hall, 120 Main Street 7:00 PM 44 MOTION 45 A motion was made by R. Rowen to approve the Watershed Special Permit for 1077 Osgood 46 Street, as amended this evening. The motion was seconded by M. Colantoni. The vote was 4-0 47 in favor. L. McSherry recused. 48 MOTION 49 A motion was made by D. Kellogg to approve the Site Plan Review Special Permit as amended 50 this evening. The motion was seconded by R. Rowen. The vote was 4-0 in favor. L. McSherry 51 recused. 52 53 CONTINUED PUBLIC HEARING, 102 Peters Street: Application for Special Permit-Site Plan 54 Review Modification. Applicant proposes Change of Use of a 2,745 sq. ft., single story 55 commercial building with an 11 parking space parking lot from previously approved office use to 56 daycare use. 57 J. Tymon: The applicant has submitted a sample of the drop-off/pick-up plan, a traffic 58 simulation report, and provided a video of the simulation. The Town's peer reviewer submitted 59 a memo in response to the simulation report. 60 Giles Ham,Traffic Consultant Vanasse & Associates: Conducted another site visit prior to the 61 meeting. Stated that given the traffic conditions around the site he does not think it is realistic 62 that two cars will come at 7:00 am, another at 7:05 am, and another at 7:10 am. The simulation 63 was provided for the morning and not for the afternoon, which is the worst time. Since the 64 driveway is blocked the majority of time in the afternoon he stated he did not believe the 65 recommended "Right Hand Turn Only" sign would be effective. The "Do Not Block Driveway" 66 pavement marking would help to allow for left hand turns into/out of the parking lot. The 67 proximity to the traffic light and the confined parking lot are what makes this a difficult site. 68 Once there are two cars trying to get out of the parking lot maneuvering within the lot becomes 69 difficult. If the Modification is approved the traffice mitigation measures suggested should be 70 implemented, except the "Right Hand Turn Only" sign. 71 J. Simons: You cannot mitigate the small parking lot foot print size because there is no more 72 space. Hypothetically, if there were fewer students would the problem by less? 73 G. Ham: Yes, this is a more intensive use of the parking lot than an office use and it has higher 74 turnover. Stated he believes 15 students would be the equivalent of the office use. 75 R. Rowen: When the original Site Plan was approved the number of parking spaces was 76 adequate. The number of parking spaces for the proposed use for the daycare center is 77 inadequate per the zoning bylaw. How many students would be allowed, per the bylaw, given 78 the number of spaces they do have? 79 M. Colantoni: 31.8 students. 80 J. Tymon: The Planning Board does have the ability to waive parking requirements. 81 J. Simons: The presumption that the guidelines are in the bylaw for a reason. There has to be 82 compelling evidence that there is not going to be an issue for it to be waived. 83 Dermot Kelly, Traffic Engineer for Applicant: During the morning peak hour most of the 84 activity occurs over a two hour period (7:00-9:00). In the afternoon it is spread over a four hour 85 period (2:00-6:00). Reviewed traffic light cycle times, queuing data, wait times to leave the 86 parking lot, and other simulation video details. 2 PLANNING BOARD Meeting Minutes Tuesday, October 1, 2013 Town Hall, 120 Main Street 7:00 PM 87 L. Rudnicki: Commented on an incident in the video when a pedestrian was walking into the 88 parking lot from the daycare and had to yield to a car backing out of a parking space that did not 89 see the pedestrian approaching. 90 M. Colantoni: Expressed concern that the fine system for a parent being late could lead to 91 aggressive driving. 92 Mark Johnson, Attorney for Applicant: This site has been put under a tremendous microscope 93 over the past couple of meetings. The traffic issues have been address with reports and a site 94 visit. A simulation was requested and provided in good faith. It can be picked apart but it was 95 not scripted. An Operation Plan was requested and provided. The operator has an interest in 96 making sure it is safe. 97 Kerry Fantasia, Day Care Owner: Has been in business for ten years. The staffing is according 98 to numbers. The numbers are scheduled by 15 minute increments. The drop-off/pick-ups has to 99 be staggered. It has to work or clients will leave. 100 J. Tymon: A new Site Plan was submitted that shows the fenced play area to the rear of the 101 building. Expressed concern about a catch basin located in the play area. 102 Bill Macleod, Engineer: The cover can be changed. The catch basin is an inspection port for the 103 infiltration system. A filter fabric can be put under the grate or a solid cover could be put on it. 104 The bylaw requirement of.35 parking spaces per student takes into account the employees 105 because the more students you have the more employees you have. The formula does not take 106 into account the structured drop-off/pick-up scheduled proposed. Half the students could be 107 dropped off in the same 5 minute increment and the formula would still be .35. This is a logical 108 reason for a waiver. Additionally, the video shows that there were many excess parking spaces. 109 Thirty nine cars entered and exited the parking lot and there were sufficient parking spaces. 110 MOTION 111 A motion was made by D. Kellogg to close the public hearing for the Modification Site Plan 112 Special Permit for 102 Peters Street. The motion was seconded by L. McSherry. The vote was 113 6-0 in favor. 114 BOARD: Consensus of the Board was that the parking lot configuration and size was of more 115 concern than the traffic concern. General discussion surrounding possible options for structuring 116 and conditioning the Notice of Decision. Specific conditions discussed: limit the students to the 117 number supported by the zoning bylaw and to not grant a waiver, there will be an implemented 118 drop-off/pick-up management plan, the applicant will have to apply to the State for approval of 119 the "Do Not Block Driveway"pavement marking and implement the traffic mitigations 120 suggested by the applicant's consultant, a traffic monitoring report requirement, and replacement 121 of the catch basin cover with a solid cover. 122 MOTION 123 A motion was made by R. Rowen to approve the 102 Peters Street Site Plan Review 124 Modification subject to conditions generated this evening and subject to getting the written 125 Decision back to the Board for final review and filed prior to the statutory date. The motion was 126 seconded by D. Kellogg. The vote was 6-0 in favor. 127 3 PLANNING BOARD Meeting Minutes Tuesday, October 1, 2013 Town Hall, 120 Main Street 7:00 PM 128 NEW PUBLIC HEARING, Kittredge School: Application for Special Permit-Site Plan Review. 129 Applicant proposes construction of a 5,538 sq. ft. addition of a gymnasium to the Kittredge 130 School in the Residential 4 (R-4) zoning district. 131 James Mealev, North Andover School Department: Provided an overview of the project, site 132 plan, elevations, building materials, and stormwater management plan. The construction will 133 begin in October and should be complete in March 2014. The Fire Department has reviewed and 134 approved the plans. 135 J. Tymon: L. Eggleston has reviewed the project. She had a couple of comments that have been 136 addressed. 137 Maureen Cushing, 524 Main Street: Will the traffic flow be as it exists today? Explained that 138 during drop off/pick-up times there is no preference given to the four residential homes across 139 the street. It is very difficult to get out of the driveways during these times. 140 J. Mealev: Yes, the traffic flow will be as it exists today. 141 M. Cushing: Explained that wires were torn down by a truck during the construction of the 142 modular addition for the Kindergarten and her electricity was out for three days. Requested that 143 the project manager make sure that the height of the delivery and construction vehicles is lower 144 than the wires. 145 J. Simons: Requested that the project managers take care of that request. 146 MOTION 147 A motion was made by D. Kellogg to close the public hearing for the Special Permit - Site Plan 148 Review for the Kittredge Elementary School, 601 Main Street. The motion was seconded by L. 149 McSherry. The vote was 6-0 in favor. 150 MOTION 151 A motion was made by D. Kellogg to approve the Site Plan Review Special Permit for the 152 Kittredge Elementary School, 601 Main Street as amended this evening. The motion was 153 seconded by R. Rowen. The vote was 6-0 in favor. 154 155 DISCUSSION 156 158 Dale Street: Watershed Special Permit requirements. 157 T mon: The applicant could not to attend the meeting. 158 159 160 MEETING MINUTES: Approval of September 17, 2013 meeting minutes. 161 MOTION 162 A motion was made by L. Rudnicki to approve the September 17, 2013 meeting minutes as 163 amended. The motion was seconded by M. Colantoni. The vote was unanimous, 6-0 in favor. 164 165 ADJOURNMENT 166 MOTION: 167 A motion was made by M. Colantoni to adjourn the meeting. The motion was seconded by D. 168 Kellogg. The vote was unanimous, 6-0 in favor. 169 170 The meeting adjourned at 9:35 pm. 4 PLANNING BOARD Meeting Minutes Tuesday, October 1, 2013 Town Hall, 120 Main Street 7:00 PM 171 172 MEETING MATERIALS: Agenda, 0 Great Pond Road: Draft Notice of Decision dated Oct. 1, 173 2013, Landscape Plan dated Sept. 12, 2012, Variance & Watershed Special Permit Site Plan 174 dated Sept. 18, 2013 3 pages, 1077 Osgood Street: Draft Notice of Decision Site Plan Review 175 dated Oct. 1, 2013, Draft Notice of Decision Watershed Special Permit dated Oct. 1, 2013, 102 176 Peters Street: Letter to Planning Board from J. Tymon dated Sept, 26, 2013, Memo from Dermot 177 J. Kelly to J. Tymon dated Sept. 26, 2013, Letter to J. Tymon from Mark B. Johnson, Johnson & 178 Borenstein, LLC dated Sept. 16, 2013, Letter to J. Tymon from Vanasse & Associates, Inc. dated 179 October 1, 2013, simulation video, Kittredge School: Draft Notice of Decision dated Oct. 1, 180 2013, Site Plans Kittredge Elementary School Gymnasium Addition dated July 3, 2013 5 pages, 181 Email from L. Eggleston to J. Tymon dated Sept. 17, 2013, Interoffice Memo from Gene Willis 182 to James Mealey dated Aug. 27, 2013, 158 Dale Street: Email from Kevin McLellan to J. Tymon 183 dated Sept. 10, 2013, 9/03/2013 draft meeting minutes. 5