HomeMy WebLinkAbout2009-12-15 Planning Board Minutes PLANNING BOARD
Minutes of the Meeting
Tuesday, December 15, 2009
Town Hall, 120 Main Street
Top floor conference room
7:00 PM
1
z Members present: John Simons, Chairman
3_ Timothy Seibert, regular member r
4 Michael Walsh, regular member
s Courtney LaVolpicelo, regular member
6 Michael Colantoni, alternate
7
8 Member absent: Richard Rowan, regular'.member
9
10 Staff present: Judy Tymon, Town Planner
11 Mary Ippolito,Recording Secretary
12
13 Chair called the meeting to order at approximately 7:15 pm.
14
15 Chair announced the 0
win POSTPONEMENT. Public Hearing
16 Muffin Realty Trust, 3511Wi
'llovv Street;_Special Permit'-for a reduction in parking as a
17 result of converting 11,000 s.£ of warehouse:.to 11,000 s&of manufacturing within the I-
18 1 zoning district. Neve Morin Group submitted a waiver;of time constraints until the
19 February 2, 2010 PB meeting.
20
21
22 Chair called for the.--following DISCUSSI"ON .... , requcstinz a waiver
23 Richard Brunelle, requesting a Waiver of a SAA Plan SP to allow outdoor paintball games
24 at 1600,-0sgood;Street,North Adaver,
25
26 Judy,,'conducted a TRC meetfing:on December?2, 2009 w/Mr. Brunelle project isnot
27 located:u a residential neighborhood; Judy recommends a waiver of Site Plan Review
28 Special Penit.
29
30 Mr. Brunelle presented: (Scanned in document it may take 30 seconds to appear.}
1
i
ACTION ENTERPRISES OF WINDHAM,INC.
dba CANOBIE PAINTBALL GAMES e.
Action Enterprises is a New Hampshire Corporation that has been
conducting supervised paintball games in Windham, New
Hampshire for 23 years. We are one of the oldest paintball
companies in New England. Action Enterprises is fully insured
and over the years has successfully attracted individuals,
businesses, schools, fraternities and the life to the wonderful
enjoyment of paintball games.
After 23 years in one location,Action Enterprises is being forced
to search for a new site. The 1600 Osgood Street location is an
excellent choice as it is very accessible to the motoring public, and
the complex offers other recreational and amusement activities, all
of which would compliment each other. The fields and woods at
the south end of the property are somewhat isolated from the
remaining property as well as public roadways allowing a suitable
barrier from normal daily activity.
Som site work will be required to make the property"playable",
however there will be no permanent construction. Wetlands will
not be disturbed either during site work or during play. All
barricades erected for the games are portable and have no floors or
roofs. As is the case with our current site,when the games end,the
site is returned to its original state,
We firmly believe we will be a welcome addition to this
recreational complex and look forward to serving up adrenalin
Pumping excitement to local and regional residents.
31
2
i
CANOBIE PAINTBALL PARK
1600 OSGOOD STREET
NORTH ANDOVER,MA
Action Enterprises of Windham, Inc. intends to lease and develop
approximately 17 acres of land at the south end of 1600 Osgood
Street to conduct supervised outdoor paintball games.
Outdoor paintbail is a seasonal business running from mid March
through November. Hours of operation would be 8:00 am to 5:00
pm on Saturdays and Sundays, and by appointment during the
remaining week.
Water and Electricity will be delivered to the site by Ozzy
Properties. Portable toilets will be provided for sanitation, as well
as weekly waste removal.
i"he business will be conducted from a 60' x 36'portable building
which will be placed on the round cement pad adjacent to the
southwest parking area.
Six play fields will be developed. All play fields erected in open
areas will be surrounded by 20' safety netting. All play fields will
respect jurisdictional wetlands both during site work and during
actual play with protective boundary markers or fencing.
Temporary barricades may be erected from wood and/or plastic to
enhance the excitement and enjoyment of the games.
Parking will be provided for 80 cars and a 150' x 100' staging area
will be created for customers to gather and prepare for each game.
Multiple games will be played during the course of each day,with
individual games lasting between 15 and 30 minutes.
32
33 Judy: if Mr. Brunelle plans to serve food the Health Department will work w/him, he has
34 no Conservation issues,he will have to work the w/Building Inspector for permits; buffer
35 zones are required in order to stay away from wetland areas.
36
37 TS: why no Site Plan Review Special Permit? Judy: 2,000 s.f triggers a Site Plan
38 Review.
3
r
39
40 MW: no excavation being done, nor are the buildings permanent? Mr. Burnelle: correct.
41
42 TS: concerned about ball hitting people in parking area? Mr, Burnelle: safety netting
43 should take care of that issue a ball doesn't penetrate. s
44
45 MW: what is usage daily, annually? Mr. Burnelle: 50 to 100 people per day. MW: do C
46 you have an air soft gun? Mr. Burnelle: no.
47
48 Chair: this doesn't require a Site Plan Review SP; there is existing parking less than
49 threshold anyway. What if a use generates a lot of activity but not a lot regarding
50 structures? PB needs to be thinking about this because the-use is separate from anything
51 in this area. Chair: Judy to write a letter to the Pile.Motionby MW to waive a Site Plan
52 Review SP, 2"d by TS, vote was unanimous.
53
54
55 DISCUSSION: telecommunications
56 Gin Vilante, representative; discuss the process-for renewal.=of Special Permits for the
57 following locations:
58 Judy; Gin is here to discuss the J items.
59 First Baptist Church, 586 Mass Ave
60 Johnson Street
61 723 Stevens Estate
62
63 Judy: Planning Dep.-din nent'sent letter sent on 2007, 2008:and Nov. 2, 2009. Letters were
64 to notify Omnipointthat their permits have expired on these`locations and to file a
65 renewal application. Renewal for 300 Chestnut St, (different carrier), was out of
66 compliance for a few years, however, a recent renewal was none in October.
67
68 Ms V116nte: Ommpoint.,lost sight of the datefor 3 years, most towns don't require a
69 renewal, they apologize because it's.lapsed, however, Omnipoint is willing to work
70 something out,maybe set,a date every.year for renewal so Omnipoint can keep track
71 better in the future. Renewals will not:iivolve any changes. Judy: we require noise and
72 RF annual reports; there is a fine within bylaw for not filing those reports.
73
74 Craig Tateronis, Prince Lobel, 100 Cambridge Street,Boston, MA is the Attorney
75 representing Omnipoint;:this was an oversight, it isn't excusable on the part of the
76 applicant. In talking with reps from Omnipoint today they were very apologetic, the best
77 way to go forward is to just set a date, if a date applied to all installations it would be
78 easier to track. Omnipoint has submitted RF reports in the past on the Calvary Baptist
79 Church site. Judy: yes we got one in 2007 for Johnson Street.
80
81 Atty. Tateronis: could assemble the kind of report they submitted for Calvary Baptist
82 Church. Omnipoint wants to fix things ASAP and work w/PB getting a process that
83 works for everyone, they aren't eager to pay fines.
84
4
85 MW: Omnipoint acknowledged there was a renewal process? Atty. Tateronis: yes.
86
87 Judy: There is a penalty associated w/not submitting RF and noise reports its $300.00 per
88 day. Section 8 monitoring and maintenance, fines; RF report at annual intervals, acoustic
89 noise reports at annual interval, $300 per day. Section 12 there is no fine in that section..
90 Judy: Town sent letters in 2007, 2008, and this past November. Judy: received an RF
91 report but not a renewal.
92
93 MW: no response in 2008? Judy: correct.
94
95 Atty. Tateronis: will look into whether they received the request for a renewal but didn't
96 respond.
97
98 Atty. Tateronis: this bylaw has evolved; provisionis rigorous under the bylaw relative to
99 fines. MW: is not buying that for 2007 or 2008 -o` you don'flike to pay fines,but
100 bylaw is there,reason for the penalty is that�this sort of thing won't Happen. MW:
101 whatever you sent in 2007 was fine! Why now,go forward asking PB.to give him an idea
102 what will work? MW: looking forward to seeing it/renewed.
103
104 Chair: format that we had before is,'fine, you will be coming back for the renewals,
105 understand administrative issue is to pili things on a stable,clock, you do know it will be a
106 public process, quite a few people will be present at the public hearing.
107
108 Atty. Tateronis: he's not tt�ying to s irkrespons�bilzt�, acoustic reporting wasn't required
1 o9 at the time of the pexait. Omnipoint is apologetic:
110
111 TS: each location has a:different renewal process? Judy: Mass Avenue is July of this
112 year. Stevens Estate also`this dear Johnson Street granted in 2000 and hasn't been
113 renewed since thcn.-.
114
115 TS uiarrears for 4y ears? Judy: 7ohnson Street went into litigation 2001. TS: you
116 knew what was going on:aiid you didn't come in. Atty. Tateronis: Johnson Street
117 doesn't require acoustic testing bylaw didn't require it at the time.
118
119 Chair: surmising that in a large company somebody might have spread sheets of towers
120 in 20 towns, a new:person takes over the job things fall thru the gap.
121
122 MC: this is critical to their business would think they would want to keep on track.
123
124 CL: were the letters sent certified? Judy: letters this year were not certified.
125
126 TS: we want to make sure all abutters get certified legal noticing.
127
128 Chair: lawyer will complete reports and file applications.
129
130
5
131
132 Chair called for DISCUSSION: telecommunications
133 Jackie Slaga, representative for T. Mobile regarding installation on Boxford Street.
134 Judy: this is a pre-application discussion in order to place a wireless facility on a utility
135 pole.
136
137 Ms Slaga: Proposing basic canister mount, easement runs thru this area on Boxford St.,
138 crossroads located at Sherwood Drive. Canister will be 7 feet above existing pole,pole 96
139 feet in height. 3 antenna housed inside canister, painted brown, 20'x20' stockade fence,
140 w/vegetative landscaping will range 12 feet in height. Located within R-1 zoning district,
141 will need a SP from PB. Canister will measure 7 feet above ekisting pole. T. Mobile has
142 a relationship w/utility company, and they are on utilitypgles throughout many areas.
143 All 3 antennas are T. Mobile.
144
145 Any potential for co-location? Ms Slaga: No; She will file application for a Special
146 Permit ASAP, probably next week. Total height will be 103feet. Judy: When you get a
147 good site plan be sure to check that the cabaret is 30 feet from the setback requirement.
148 This filing will be to fill the gap on Boxford Street.
149
150 MC: how far away is second pole? Ms Slaga: she didn't give dimensions,just"showed
151 closest residence on a site plan,
152
153 Chair: we've had this thing about pre bxlstrng sites.: If it's anew site you have to be 600
154 feet away from theproper ty gine. Chari:believes this i5 a pr a misting structure.
155
156 Ms Slaga: needs to:'see the Building Inspector.before going further w/project.
157
158 Chair: see you next month
159
160
161
162 Chair called for PUBLIC,HEARING:
163 Elm Development Services, .275 Turnpike Street, Site Plan Special Permit and
164 Continuing Care Retirement Center Special Permit to construct a 125-unit apartment
165 CCRC within the V-R zoning:district.
166
167 Judy: there is a SP on s te,"a 2008 modification to a SP to allow for a modification, a
168 prior subdivision approved in 1987, and a SP site plan in 2002 for construction of town
169 homes age restricted. This Public Hearing application is now a completely different
170 proposal. Judy: sent application to VHB for zoning and traffic, and sent application to
171 Lisa Eggleston for storm water management review. There were not any big issues
172 regarding zoning review. Proposes we have a conference call wNHB to answer a few
173 questions, overall no big issues. Issues w/wetland on that side of Rte. #114 and across,
174 culverts are running toward Johnson Street, asked for some waivers,phase development
175 has expired; CCRC requires one space per unit, looking for 96 parking spaces. Issue
176 w/landscaping and w/parking area. Judy: PB will want to see more landscaping of
6
177 parking area. Perimeter setback in CCRC provide greenbelt perimeter, need to talk about
178 all of that.
179
180 Paul Marchionda, Engineer, Marchionda and Associates stated that Jason Robertson
181 (didn't give his title) &Dernnott Kelly, Traffic Engineer; as well as Ernie Gralia,
182 developer/owner, are here tonight. Is parking classified as a structure? The parking was
183 ok. He went to the ZBA for a variance to allow for 73 feet back on frontage and it was
184 approved. Changed the design of the roof and asked for a roof height variance thru ZBA.
185 There are three different types of care in this facility. Proposes 97 parking spaces.
186 Probably looking at 10 or 15 less parking spaces. No major.-concern w/VHB review, he
187 responded to their comments in writing. Ms Eggleston's xeview is typical. Underground
188 drainage as opposed to surface drainage. Maintenance schedule is set up to address a
189 problem regarding drainage.
190
191 Dermott Kelly: Traffic Engineer, did traffic study in 2001 and it was reviewed by VHB.
192 Comment about Saturday traffic. (Scanned in:document it may take 30 seconds to
193 appear).
7
I-}
DJK
gsrrml J.Kelly Assnniatas,inc.
I rabic Engtheering t ransparw6on Manrliit
.a C1�rnde[.Park;Suite 301
1 dos wr,
NIA 01 al U-8725
ics
9-1@474-1t)94
W -4674-1778
Ret: 415
5eptsmbs:t 17,2001
Mr,Keri Gmhdslaff
Mesio Development Corporation
101)Andover By Pass,Suite 300
Morth Andover, is A 01645
RE: Response to Comments
Proposed Sosl6n.Hill Condominium
North Andover,Massachusetts
Dear Ken,
The following is the t7JK Associates,Inc.response to VH13 Peer.Review comments received on
September 4,2001 relative to the Traffic Impact and Access Study prepared for the proposed
Briton Fttlt Condominium deve16prddrri pro e VH
BrS coMment Memorandum is mpraduced
in the appendix of this Traifir.lmpact!s Access Study(TIAS),
Comment Na. 1 _
Saturday Traffic—The report shouk5afurday traria estimates,both daily and peak hour.
The report focuses exriusivs4y on the luaditional weekday conditions. While It appears from a
first glance that Saturday traffic vo[urnes along r:nu#e 114 would he less than during the typical
weekday, ;without any data to support this assumption, i€.is difficult to definitively mace this
stalement-
Fesoonse
Typically, Saturday peak hour traffic analyses are not required for residential developtnents of
this sort. Nevertheless, Route 114 carried 14,258 vehicle-trips per day (vpd) can Saturday,.
February 2, 1999 wilh a peak hour count of 1,292 vehicles per horn(vph}observed between
2.30 and 3:30 PNM. Weekday volumes were repodt-d as 20,554 vpd with 1.834 vph observed
during the moming peak hour and 1,715 vph observed during the evening peak hour. Although
194
195
8
berme-,J.KvIly Associzier,Inn.
W Grandstaff
September t7,2001
Page 2.
this site may perieratt slighffy MON--traffic an Saturday mlllPafed to weekday,C-ondWorts,the
wmposil*'s higher traffic volume conditiOnS WGIAT during the,wmekdaY PeOk commuting hours.
Profesnional Registration—We recommend:fhat, egisfered profeaslortatengineer cfrts'tied to
practice transportation engineering in the COmIllOnwealth of Mas5ach6setts stamp tba fmai
traffic,impact study.
Res p—m a
This dDwrileV,has been stamped On the title page of the Traffic;lml)a�and Access Study Slid
on the stgnature page of the Response to Comment letter-
Cpmrnerii No. 3
T Traft Generation — -t'V� caFnmend the.90,1sultant for using emoiricia5 rates fo,, the
tWjr
garle;-ation estimates. Rc�centiy,-lir released a memo relating to aver-55 communities And
traffm generation that 11,ldh the-findings Present in the trAffir,report,
ResDonva
No additional response required.
Thig-oompletes oil<responses to VHIB's comr-nents. Please do not
hesitate tO,Call me vAth eny
questions,comments andlor if you reL-ire any-ddlborial infuqr.at-jon.
Since rely,
DERMOT J.KELLY ASSOCIATES,W W-
,x'Z
Dermot j-Kelly,PE,PTOE fi F4,
President
Enclosures
cc: Re
aiwuoe
W DJfr Arc IV'IN InMed
196
197 Chair: show situation on ground. Morning peck hour total of 1,934 per hour. Saturday
198 in 2001 peak hour it was 1,292. VHB wanted Mr. Kelly to stamp traffic study he will do
199 so. VHB comment trip generation, 2001 used trip generation data. He met w/Mass High
200 in January.
201
L02 Judy: address issue w/regard to critical gap and land-use question. Question about Fresh
203 City doesn't apply as that project is no-where near this project.
204
205 Chair: under old project number of congregate homes generates number of trips? Judy:
206 Mr. Kelly chose congregate care; 268 daily trips, 346 daily trips 55 and over, look at
207 morning peak hour 8 trips would be 29. Thisproject is 21 evening trips; critical issue site
208 distance is no impact.
209
210 Chair: this is an ugly intersection; why not put a traffic Iight there?
211
212 Mr. Kelly: stated he thinks eventually there will be a traffic light there. To put a traffic
213 light there you need to rebuild Rte. #114 in order to accommodate. Town would have to
214 apply for a light but the developer pays to have it put in
215
216 MW: Brooks Street is closed so there is substantial change in Johnson St. doesn't see a
217 resolution any time soon, accessing to Rte#114 has made an uglier intersection even
218 worse. Mr. Kelly: more traffic on Johnson Street causes delays which will get longer and
219 longer, he's surprised there were only 3 accidents per year
220
221 Chair: in report you will have level of trips per day verses the last time, demonstrate you
222 don't meet the warrant level for a light` Mr. Kelly: can do that! Mr. Kelly: make it one
223 big traffic analysis.
224
225 MW: 23 is a nux.-.ber that is a reasonable RuMbe� for peak hour tine? Mr. Kelly this is
226 morning peak, count.traffic in front of site in 15 minutes intervals. MW: elderly people
227 living there? Mr.Kelly: portion are employees peak hours are lam to Sam or Sam to
228 9am.
229
230 Mr. Marehiond'a a designed diversion'swale.that brings uncontaminated water comes
231 dawn Bill but causesa,lot less-hater to comedown the hill. Chair; PB to make a site
232 visa Chair;mark where the entrance way is, note a few of the building corners and part
233 closest to.the hill.
234
235 Chair; do site walk on this Saturday, ok w/PB members at 9am.
236
237 Henry Fink: is an abutter on Turnpike St, he thinks Mr. Kelly is on the right track, they
238 need an intersection to be,reconfigured like in Methuen, MA at east end Fire Station.
239 East Street Methuen terminates as one street which is Rte#110 Methuen there's a fire
240 station there. They made traffic come out at 90 degrees at Rte#110. This is less expense
241 than traffic signals. A traffic light isn't needed at all.
242
243 MW: would it be good for the DPW to comment on that Johnson Street is narrow any
244 plans for widening Johnson St.? If Brooks Street is closed forever then Johnson Street is
245 the most used street.
246
10
F
L4-7- Chair: complex project, but a good project, thank you for getting site visit ready for PB
248 for this Saturday, also do topo, as well.
249
250 Mr. Marchionda is gone from Dec. 29 the January 19`x'.
251
252 Judy; forwarded to the Planning Board the MVPC courses offered, right now we have
253 funds,
254
255 Motion by MW to approve"Minutes"of December 1, 2009, 2°d by TS, vote was
256 unanimous.
257
258 Motion to adjourn by TS, 2`1 by MW, vote was unanimo-Us Meeting adjourned at
259 approximately Spm
260
261.
262 By order of the Planning Board
263
264
265 Approved
266
267
268
269
270
271
272
273
274
275
276 Please note: The Punning Board reserves the right to take items out of order and to
277 disensslor vote on items thatafire dot listed on the agenda:
278
B
E.
11