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HomeMy WebLinkAbout2013-09-03 Planning Board Meeting Minutes PLANNING BOARD Meeting Minutes Tuesday, September 3, 2013 Town Hall, 120 Main Street 7:00 PM Present: J. Simons, R. Rowen, M. Colantoni, D. Kellogg, L. Rudnicki 1 Absent: L. McSherry 2 Staff Present: J. Tymon, J. Enright 3 4 Meeting began at 7:05pm. 5 6 BOND RELEASE 7 498 Chickering Road: Lowell Five requests the release of a $15,000 performance bond. 8 J. Tymon: An as-built plan has been submitted and a site visit has been conducted. Recommend 9 full bond release. 10 MOTION 11 A motion was made by D. Kellogg to release all remaining bond funds for 498 Chickering Road. 12 The motion was seconded by R. Rowen. The vote was unanimous 5-0. 13 14 POSTPONEMENT 15 CONTINUED PUBLIC HEARING, 0 Great Pond Road (Map 35 Lot 4): Application for a 16 Watershed Special Permit. Applicant seeks to construct a single family dwelling with 17 appurtenances on a presently undeveloped, buildable lot. 18 19 PUBLIC HEARINGS 20 CONTINUED PUBLIC HEARING, 1077 Osgood Street: Application for a Watershed Special 21 Permit and Site Plan Review Special Permit. Applicant proposes to construct a 3,672 sq. ft. 22 single story retail bank, parking lot, and stormwater structures within the Non-Discharge Zone 23 and Non-Disturbance Zone of the Watershed Protection District. 24 J. Tymon: The Fire Department is reviewing the truck turning plan. There have been some 25 changes to the stormwater management plan that L. Eggleston still has to review. Her review 26 will be ready for the next meeting. 27 Michael Juliano, Eaglebrook Engineering & Survey, LLC: Reviewed the following plan 28 changes: the truck plan now includes the turning radius around the existing building, there are 29 existing bollards in front of the gas meters behind the building and a note has been added to the 30 plan, the entranceway to the bank has been widened to 24’, directional signage has been added, 31 and a cleanout prior to the two drywells have been added. 32 Lester Lloyd, Lloyd Architects: Reviewed the layout of the bank. A second entrance has been 33 added to the side of the building that faces the marketplace parking lot. 34 BOARD: Discussed concerns with the width of the sidewalk in front of the side entrance, safety 35 of pedestrian access to the side entrance from the marketplace parking lot, the side doorway 36 facing moving traffic as opposed to the parking lot without a clearly defined access route from 37 the marketplace. Requested that the applicant re-look at the layout and investigate possible 38 alternatives. 39 Jeffrey Dirk, Vanasse and Associates, Inc: Stated that he would not recommend a railing along 40 the sidewalk because it could create a hazard for a vehicle. The requirements for sidewalk width 41 should be double checked. A railing would constrain the width and there is a minimum width for 42 the sidewalk that is required to be met. Stated that the design should be geared toward the most 43 1 PLANNING BOARD Meeting Minutes Tuesday, September 3, 2013 Town Hall, 120 Main Street 7:00 PM vulnerable people who will use the sidewalk; such as people in wheelchairs and people with 44 baby carriages. Able bodied people will often take the most direct route. 45 L. Lloyd: Reviewed the proposed elevations, architectural design of the building, and lighting 46 plan. 47 J. Tymon: The walking access should be reviewed by the peer reviewer. The Fire Department 48 review of the truck turning plan should be complete for the next meeting and L. Eggleston’s 49 review of the latest comments and outstanding stormwater management issues should be 50 discussed at the next meeting. 51 Lauren Dubois, Maple Leaf Construction Company, Inc.: Reviewed the construction phasing 52 plan. The peak number of parking spaces lost in the existing parking lot during the construction 53 would be 35 during Phase 1. These spaces would be returned as the construction sequence 54 allows. The area where the spaces are lost will be sectioned off and the traffic will be directed 55 around this area. After approximately 27 working days the first phase will be complete and all 56 construction within the existing parking area should be complete and all additional work will be 57 to the right on the new entrance road where the bank is to be constructed. There will be a pre- 58 construction meeting with Town officials. There may be some modifications requested from one 59 of the officials but the plan as a whole is very thought out. There will be very little stock piling 60 on site. All required erosion control will be in place. In conjunction with the Phase 1 61 construction the retaining wall along the perimeter will be constructed. 62 Allan Yameen, Butcher Boy: Employee parking (approximately 40-50 spaces) will be moved to 63 off-site parking across the street as it is done yearly during the Christmas season. 64 65 CONTINUED PUBLIC HEARING, 102 Peters Street: Application for Special Permit-Site Plan 66 Review Modification. Applicant proposes Change of Use of a 2,745 sq. ft., single story 67 commercial building with an 11 parking space parking lot from previously approved office use to 68 day care use. 69 J. Tymon: The applicant’s traffic engineer, Dermot Kelly, has provided another report that 70 reflects a “worst case” scenario. He also provided a separate report for the on-site parking. The 71 11 parking spaces do not conform to what is required. Zoning requires 14 parking spaces. The 72 Planning Board can determine whether the number of parking spaces can be reduced during the 73 Site Plan Review process. A separate permit is not required. The Town’s peer reviewer for 74 traffic has reviewed the traffic reports submitted and has provided comments. The safety of 75 pedestrian access from the parking spaces to the building was not reviewed as part of the studies 76 provided for tonight. 77 Dermot Kelly, Traffic Engineer: Reviewed his traffic study and parking accumulation study and 78 suggested mitigation measures. The peak parking demand, based on the analysis, is seven 79 parking spaces. The data is derived based from time studies taken at a daycare operating in 80 Dracut (Robin’s Nest). The roadway in front of this daycare is not comparable to 102 Peters 81 Street. The intent of the analysis is to measure on-site parking requirements. The traffic analysis 82 is based on the same Dracut daycare’s sign in/check out data taken from a week in August of 83 2012 and traffic counts at the intersection of Rt. 114 and Peters Street. This is a conservative 84 analysis as it assumes no carpooling, no siblings, and 39 students. Suggested traffic mitigation 85 2 PLANNING BOARD Meeting Minutes Tuesday, September 3, 2013 Town Hall, 120 Main Street 7:00 PM proposals include: adjust the double yellow center line on the roadway to maximize the width, 86 “do no block” pavement marking, and/or “do not block driveway” sign. 87 Jeffrey Dirk, Vanasse and Associates (Town’s Peer Reviewer): Concurs with all of the technical 88 information provided by D. Kelly. The traffic analysis provided and data collection was all 89 standard. In the peer review, the two areas that were focused on for this project were the internal 90 circulation and number of parking spaces and the location of the driveway and how that relates to 91 the project site and the intersection of Rt. 114 and Peters Street. All of these are related and 92 cannot be looked at in isolation. Based on the review of the project the peer reviewer has 93 determined that the proximity of the project site driveway to the intersection of Turnpike Street 94 at Peters Street and the confining nature of the parking lot are not conductive to operation of the 95 project site as a day care center. The ability of the project site driveway and parking lot to 96 function in a safe and efficient manner with respect to drop-off/pick-up operations is directly 97 related to the efficiency for vehicles to enter and exit the project site, conditions which are 98 exacerbated by vehicle queuing from the Turnpike Street/Peters Street intersection and the 99 confined nature of the parking lot. 100 D. Kelly: Provided a written response to these peer review comments to the Board. 101 J. Simons: This stated is a lot of material to digest in a short period of time. Normally this is 102 reviewed between the meetings. Requested that hi-lights only be reviewed. 103 D. Kelley: Reviewed responses to comments #9 and #10 in detail related to the execution of the 104 drop-off/pick-up schedules and the potential number of cars that would actually make the 105 ‘double left’ turn from Rt. 114 and into the site. 106 R. Rowen: Raised concern of the traffic heading West on Peters Street that queues at the 107 intersection. This traffic accelerates on the green light and could encounter a car stopping to turn 108 left into the parking lot. If the car behind the car turning does not want to pass on the right the 109 line of cars will back up into the intersection. 110 D. Kelly: That concern can be addressed at the next meeting. 111 R. Rowen: Requested that the appropriateness of sidewalks in the parking lot is addressed at the 112 next meeting as well. 113 114 NEW PUBLIC HEARING, 158 Dale Street: Application for a Watershed Special Permit for the 115 construction of 1,407 sq. ft. of blue stone patio and extension of gas line from house to fire pit 116 area and cooking area, re-directing existing roof runoff to drywell, and gravel driveway 117 extension of 855 sq. ft. within the Non-Discharge Zone of the Watershed Protection District and 118 construction of a 1,375 sq. ft. of gravel driveway within the Non-Disturbance Zone of the 119 Watershed Protection District. 120 J. Tymon: The proposed patio and extension of the gravel driveway is within the Non-Discharge 121 Zone. The construction of a 1,375 sq. ft. gravel driveway is within the Non-Disturbance Zone. 122 L. Eggleston has reviewed the project. She recommended some grading at the driveway and a 123 swale be added, there was some soil testing done, and there are proposed drywells for roof runoff 124 to compensate if the patio proved to be impervious. 125 Phil Christiansen, Christiansen & Sergi, Inc.: Provided an overview of the project, site plan, and 126 wetland distances. L. Eggleston suggested a swale by the driveway but because of the proximity 127 3 PLANNING BOARD Meeting Minutes Tuesday, September 3, 2013 Town Hall, 120 Main Street 7:00 PM to the wetland a sump has been added near the driveway. The gas line extension is underneath 128 the bluestone. The gas line is within the Non-Discharge Zone. 129 MOTION 130 A motion was made by D. Kellogg to close the public hearing for 158 Dale Street. The motion 131 was seconded by L. Rudnicki. The vote was unanimous, 5-0. 132 MOTION 133 A motion was made by R. Rowen to approve the Watershed Special Permit for 158 Dale Street, 134 as amended this evening. The motion was seconded by D. Kellogg. The vote was unanimous, 5- 135 0. 136 DISCUSSION 137 Jim Mealey, School Department: Request for a waiver of Site Plan Review for the Kittredge 138 School gymnasium. 139 J. Tymon: In the past there has been Site Plan Review for all of the school projects. L. 140 Eggleston has reviewed the scope of the project and believes it is a minimal project. 141 J. Simons: Waivers are not usually granted. Requested the context for why the waiver is being 142 requested. 143 J. Mealey: There have recently been two projects at Kittredge School. During the review process 144 it was stated that the project would have actually been exempt from the Site Plan Review. What 145 he recently found out is that the previous project was less than 5,000 sq. ft. in additional space 146 and this project just exceeds 5,000 sq. ft. and therefore does require Site Plan Review. The 147 construction company has been awarded the bid, the contract has been executed, and 148 construction is ready to start. The goal was to start by August 28, 2013 and be completed by 149 January/February of 2014. The review process will delay that. 150 BOARD: Consensus was that Site Plan Review should be required and the abutters should be 151 notified and informed of the project. 152 153 EXECUTIVE SESSION 154 80 Saile Way 155 MOTION 156 D. Kellogg: I move that the Board go into executive Session for confidential communications 157 with Town Counsel and to discuss potential litigation strategy and that the Chair declare that an 158 open session would be detrimental to the Town’s litigation strategy position, not to return to 159 open session. 160 J. Simons, Chairman, made the declaration that an open session would be detrimental to the 161 Town’s litigation strategy position, no to return to open session. 162 Roll Call: D. Kellogg voted to go into executive session. R. Rowen voted to go into executive 163 session. J. Simons voted to go into executive session. M. Colantoni voted to go into executive 164 session. L. Rudnicki voted to go into executive session. The vote was 5-0 in favor. 165 166 : MEETING MINUTES Approval of August 20, 2013 meeting minutes. 167 MOTION 168 A motion was made by L. Rudnicki to approve the August 20, 2013 meeting minutes. The 169 motion was seconded by D. Kellogg. The vote was unanimous, 5-0. 170 4 PLANNING BOARD Meeting Minutes Tuesday, September 3, 2013 Town Hall, 120 Main Street 7:00 PM 171 ADJOURNMENT 172 MOTION : 173 A motion was made by R. Rowen to adjourn the meeting. The motion was seconded by D. 174 Kellogg. The vote was unanimous, 5-0 in favor. 175 176 The meeting adjourned at 10:00 pm. 177 178 MEETING MATERIALS: Agenda, 498 Chickering Road: Post Response Action Outcome 179 Release Abatement Measure Completion Report dated February 2013 Project #120310, Mass 180 Department of Environmental Protection Release Abatement Measure Transmittal Form FMR 181 Mobil Service Station 01-420, 1077 Osgood Street, Butcher Boy Marketplace proposed 182 Pentucket Bank: Memo dated August 16, 2013 Planning Board meeting summary notes from 183 Judy Tymon, Letter dated September 3, 2013 from Hancock Associates RE: Peer Review 184 Summary Final, Pentucket Bank elevations A210 and A211, 102 Peters Street: Conceptual 185 Landscape Plan (L-1), Proposed Site Plan 102 Peters Street, Letter dated August 26, 2013 from 186 Joseph D. Peznola, P. E. RE: Traffic Engineering Peer Review, Letter dated August 22, 2013 187 from Dermot J. Kelly Associates, Inc. RE: parking Accumulation Study, Letter dated August 14, 188 2013 from Dermot J. Kelly Associates, Inc. RE: Response to Comment, Pictometry Online 189 pictures of Kinder Care and Meritor Academy, Response letter dated August 28, 2013 from 190 Dermot Kelly, 158 Dale Street: Draft Notice of Decision dated September 3, 2013, Watershed 191 Special Permit 158 Dale Street (2 sheets), Letter dated August 7, 2013 from Eggleston 192 Environments RE: Stormwater Review, Kittredge School: Site Layout Plan C-200, C-100, C- 193 300, C-400, C-500 prepared by Peterman Architects, Inc., 80 Saile Way: draft motion language 194 for entering executive session, Notice of Decision Lot 3 Saile Way dated 12/19/1997, Site Plan 195 proposed single family home, Notice of Decision 80 Saile Way dated 3/24/2004, Site Plan 196 proposed pool, pictometry photos 2012, 2007, 2005, 5 photos of property, 97-5.E. Large Wind 197 Energy Facilities, 97-10.E. Small Wind Energy Systems, 8/20/2013 draft meeting minutes. 198 5