Public
Hearing & Regular Meeting
Wednesday, August
8, 2007
Members
Present: Robert Straubel, Chairman (RS), Larry Cuddire, Vice Chairman (LC), David Holscher
(DH), Lisa Lane (LL), Don Egan (DE), and Isa Cann, (IC) Alternate
Also
Present: Leah Hill, Assistant Planner, and Pat Banfield, Secretary
Chairman Opened Meeting at 6:30 P.M.
1.
Executive Session
a.
LC motions that the
board go into Executive Session to discuss two items:
LL Seconds
Clerk, David Holscher (DH) polls all members regarding going into Executive Session:
Isa Cann, votes yes, Don Egan votes yes,
Vote 6 - 0 unanimous
Clerk, David Holscher (DH) polls all members regarding leaving Executive Session and resuming
the Planning Board meeting.
Isa Cann, votes yes, Don Egan votes yes,
2.
New Business
a.
ACC –
LC motions planning
board recommends to ZBA, noting that the lot size is adequate, not detrimental
to the R2 neighborhood and the parking is adequate.
LL Seconds – Vote on motion 5 – 0
unanimous.
3.
Report on Committees
a.
Master Plan Update – RS reported The meeting
was held on Monday evening, August 6th, at the Upper Deck on
4.
Correspondence
DH Motions to accept the
Planning Board minutes of July 25, 2007 as written.
LC Seconds – Vote on motion 4 – 0 (LL & DE) abstention)
5.
7:30 p.m. Public Hearings
a.
Cont. Flexible Residential Design Special Permit Subdivision,
113
Applicant has
requested a continuance to August 22, 2007 at 7:30 p.m.
LC motions to continue as requested
DH Seconds – Vote on motion 5 – 0
unanimous
b.
Cont Definitive Subdivision (Form C) 113
Applicant has
requested a continuance to August 22, 2007 at 7:30 p.m.
LL motions to continue as requested
LC Seconds – Vote on motion 5 – 0
unanimous
c.
SPR for
Therefore,
the hearing is being continued until September 12th at 7:30,
and we will re-notice the hearing in the newspaper and notify all the abutters
again. Also, the luminary plan has not
been received by KGO, LLC as requested.
LL Motions to continue hearing until
September 12th.
DH Seconds – Vote on motion 5 – 0
unanimous
d.
Street Acceptance of
Don Levesque
has received numerous complaints regarding problems on these two streets. Issues as stated by the abutters present, along
with their concerns:
Abutters, Thomas
Mullen,
§
Open foundation
§
Drainage problems
§
Broken curbing and paving
Also Engineer’s
comments in letter to board on July 11, 2007 include:
§
Setting of stone bounds
§
Pedestrian access easement
§
Detention basin sizes and outlet structures conform
to approve plan
§
Water line and shut-offs on as-built.
§
Maintenance being performed on drainage system?
RS hopes to get all the issues
resolved in agreement with DPW in order for the board to make a proper
decision.
Open foundation:
Lot #14 has an open foundation,
Tom Mullen,
abutter, has a copy of covenant, he stated that the open foundation on lot 14
has been in existence for the past two years. The lot fills with water when it
rains, no mechanism for drainage. This
presents a safety hazard, with standing water for mosquitoes and disease. The Covenant states that construction on any
lot should be completed within one year. Abutters are concerned that this issue has not
been addressed. Number of young
children in the development and this condition is a safety concern, a number of
abutters have sent letters, e-mails to town officials and still noting has been
done. RS commented that Mr. Paonessa should exert his right under the
covenant to have the foundation removed.
Mr. Mullen
also stated that there is a drainage issue at the end of
Matt of
Millennium stated they will have a plan for action for resolution read by the
next public hearing on August 22nd at 7:30.
Allison
Salerno, abutter of
LC recommends Planning Department
send a letter to the code enforcement officer and town manager requesting
action be taken on this open foundation.
LC motions to continue
the street acceptance for the Meadowbrook Estates,
DH Seconds – Vote on motion 5 - 0
unanimous
e.
Cont. Definitive Subdivision (Form C)
Bill Sheehan,
Peabody Attorney for applicant is requesting a continuance for a period of 60
days. There has been a series of issues where both parties have been unable to
come to a resolution. Planning director
and applicant have been discussing waivers, sidewalks, rail trail issues, legal
issues, potential liabilities, very difficult, hope to have these issues
resolved by the first meeting in October.
RS this has been going on for
quite some time. No action for a number
of months, it appears that new issues keep cropping up; this activity here has
not been transparent to the public. Sixty
days seems like an awfully long time, we could consider 30 days.
DE questions could we do 60 days
with re-notice to the public?
DE motions that public hearing
be continued to October 10, 2007 at 7:30 and that the planning department
re-notice public hearing in newspaper and notify all abutters at applicant’s
expense, applicant agreed to this.
Leah
commented that we have not seen any new plans since April 2007. Also, an extension will need to be signed by applicant. RS We would want ample time for
counsel and the board to review any documents (two weeks) in advance of public
hearing.
LL Seconds – Vote on motion 4 - 1 (RS opposed)
f.
Cont. SPR, Special Permit – Tropic Star Development –
RS comments that Planning Board
members Lisa Lane & Don Egan have listen to the tapes of the minutes (7/11
& 7/25) for this applicant, therefore, meeting the requirement under the
Mullins Rule.
Applicant,
Scott Mitchell, Bob D. Atty. and Architect Shannon Alper, TMS Architects are
present. He stated that Don Levesque requested they identify drainage areas. The cameras were used to identify basins
between church property and they have located all sites and know where the
drainage system goes.
SPR changes
proposed, they recently found out that CVS has definite requirements as to
drive-through location at their sites. Wherever
front door is located, the drive-through has to be at the opposite end for
marketing reasons. Therefore, this will
result in a slight change (still within
the 20 foot setback) for the building location. The only change will be drive through in
front, allowing for cars to drive through during pick up of prescriptions. This
twelve foot wide drive through could be cobblestones, but will be between
They have met
with DPW, and developer is OK with shared parking lot between Town Hall and
CVS. Their Traffic Engineer has included
a slip lane for traffic going right onto
Shannon
Alper, TMS Architects of
RS is concerned about the change
of the building location. The artist
rendering looks OK, but the building location is not in the spirit of our
previous agreement, to have the building adjacent to
LC really has concerns about this
drive through, vehicles driving alongside sidewalks; this is an unsafe situation,
vehicle lights coming at people driving along
DE questions what formula CVS used
to decide how many parking spaces they needed.
ICSC parent
body of developers and retailers has a website “Rule of Thumb” for every 1000
sq ft. five spaces (5 –1 ratio).
Abutters present who spoke at Public
Hearing:
|
Chris &
Valerie Ryan |
|
|
Madelyn &
Edward Lynch |
|
|
Anthony Tuccelli |
|
|
Pat McGranaton |
|
|
Wendy Pike |
7 |
|
Candice Short |
|
|
Eric Stucker |
|
|
Trudy Berard |
|
|
Jenifer Scovill |
|
|
Jane Purinton |
|
|
Ernest A Fa JR. |
|
|
Vincent Mauti |
|
Mr. Mitchell
of Tropic Star Development commented that he could not come up with a
determination of what the board was suggesting for a design because the board
did not agree with one another on a design. IC replied that the CVS design he
presented at the August 8th meeting could not be compared to the
previous designs. She indicated that the
board needs to be able to compare “apples
to apples”.
DE suggests that maybe a gazebo
could be constructed alongside where the Welcome to
LC motions to continue
public hearing until August 22nd at 7:30. Five items to be address are listed below:
§
Parking Spaces
§
Architecture Size
§
§
Drive Through
§
Traffic Impact
DH Seconds – Vote on motion 5 – 0
6.
Adjournment
LC motions to adjourn meeting
at 10:10 p.m.
DH Seconds - Vote on motion 5 – 0
unanimous
Minutes Approved By:_____________________________ Date:___________