PLANNING BOARD
July 18, 2007
The meeting was called to order at 6:35 p.m.
Roll Call: Tim Moore, Chairman; Steven Ranlett, Vice-Chairman; Robert Zukas; Barry Weymouth and Michelle Curran, Selectmen Ex-Officio were present.
Also present: Leigh G. Komornick, Planning Coordinator; P. Michael Dorman, Code Enforcement Officer
Minutes of April 18 and June 20, 2007 Planning Board Meetings
« Michelle Curran moved, seconded by Robert Zukas, to approve the minutes of the
February 21, 2007, meeting. There was no discussion on the motion.
SO VOTED. The vote was 4-0-1 (B. Weymouth abstained)
Continuation of a Public Hearing on a Site Plan Review Application for the redevelopment of a site located at 79 Plaistow Road, Tax Map 26, Lot 67 located in the CI Zone. The purpose of the plan is to show the replacement of the existing building (Dandilyons Ice Cream and Flower Shop) with a new 1,800 square foot building to be used for a coffee shop. The total parcel acreage is +/- 35,500 square feet and has +/- 213 feet of frontage. The owner of record is Scamps, Inc.
David Jordan present for Starbuck’s. Change made to the site plan based on the last meeting. Two outbound exits and a barrier by the drive thru lane added.
CLD Comments discussed include:
Sign stating no tractor-trailers added; Sidewalk and curbing combined – sheet to be provided to CLD.
Traffic Movement onsite: David Jordan turned meeting over to Bob Bollinger, Traffic Engineer. He has new info on the Starbuck’s in Haverhill, i.e. his office conducted traffic counts at the site last week. The June 20th hearing generated lots of discussion especially the site in Haverhill. So they went out last week and counted peak hour traffic. They found that during morning peak hour, the trips were actually lower than they expected. The same during afternoon and Saturday. No queue lengths observed over 8 vehicles (morning peak). This is consistent with other sites as well.
Regarding parking, while there is a concern, when they were at Haverhill site there was sufficient parking. 3 staff people minimum, two drive-thru and one at counter
Regarding types of vehicles, no trucks observed at this location.
Overall, seems like the site works fine. Turnover higher in the morning.
Haverhill seems to be stabilizing in comparison to when it first opened.
David Jordan spoke again with regards to traffic concerns listed in CLD’s review letter. They feel they have optimized the site as best they can.
Michelle Curran spoke to the issue of snow storage and site distance. David Jordan indicated that this could be addressed by removing the area shown on plan by Garden Road.
Michelle Curran inquired about the 6-month follow-up study. Leigh Komornick informed the Board of a meeting held in her office with the engineer and property owner. Jonathan Cox (property owner) does not want to state in writing that they will remove the drive-thru if problems arise. He is willing to work with the town in any other way.
Michelle Curran wants to have a clause that will allow the Board to revoke it if problems arise.
Bob Zukas spoke to the issue of the physical location of the traffic signal, the alignment. Bob Zukas wanted to know if this issue was looked at. He is very concerned that there will be conflicts between the left turns out of Walmart and Starbucks.
Leigh Komornick and Bob Bollinger. discussed the signal timing and it causing a backup on the site. Bob Zukas thinks this situation occurring is very slight.
Discussion ensued regarding how this store compares with the one in Haverhill, i.e. size of building, number of tables, staff, etc…
It was noted that NHDOT is still reviewing this application. Bob Zukas stressed how much data they have compiled and analyzed and feel this was done methodically.
David Jordan noted that if the site is so bad congestion-wise it will be self regulating and nobody will want to go there.
Brand loyalty was noted by Michelle Curran.
Bob Zukas still concerned about cars being backed out onto Route 125. Perhaps a requirement that there will be a police officer called in to control traffic.
So, what could happen is that a note be added to the plan that there will be a traffic control officer brought on board at the expense of Starbuck’s. Michelle Curran reminded everybody that the charge of this Board is to decide if this use is appropriate at this site. It is a nonconforming lot that isn’t big enough.
Members were in agreement regarding the 6-month review to determine if a detail cop is needed.
Tim Moore asked for any other input. He noted there was a mention of waivers 230:23 b 2 landscaping for the buffer. Michelle Curran asked about landscaping and David Jordan referred her to sheet 11. They are actually adding quite a bit.
Motion by Steve Ranlett, second by Bob Zukas to grant waiver. Michelle Curran noted she wanted a reference to Sheet 11 in the motion and Steve Ranlett agreed.
SO VOTED. (All members in favor)
Next waiver is for a single light pole, specifically the section of the regulations listed as 230-22a. One light pole on the northerly boundary and the height is lower at one point. (A written request was provided)
Michelle made a motion, and Steve Ranlett seconded to approve the requested lighting regulation waiver.
SO VOTED. (All members in favor)
Bob Zukas made a motion, Steve Ranlett seconded to approve the Starbuck’s site plan with the following conditions:
1) Receipt of NHDOT Driveway Permit.
2) Remove note about snow storage on garden road site.
3) Provide detail of combined sidewalk and curbing.
4) Note added to the plan stating, “ After official opening, a six-month performance review to be held to determine how site flowing.”
5) Move catch basin number 2 per highway supervisor’s request.
6) Notes re: waivers received including regulation numbers.
SO VOTED. (All members in favor).
A Final Hearing on a commercial site plan for property located at 113 Plaistow Road, Tax Map 28, Lot 15, involving a proposed combination eat in/take out restaurant, and retail, office and storage space all totaling 20,100 +/- square feet. The land area totals 119,685 square feet and is located in the CI District. The owner of record is Aristotelis Danos.
Tim Moore noted the requirement that the plans be submitted to CLD for review. He read the letter from CLD indicating only change is the parcel number.
Jim Lavelle explained the change in the parcel number referring to the lot consolidation plan.
State permits all still in place and all traffic issues already looked at.
Jim Lavelle noted that the reason it is back is because of lack of financing before but now they are looking for reapproval.
Barry Weymouth recused himself.
Bob Zukas made a motion, Michelle Curran seconded to accept the site plan as complete. Mike Dorman noted that the 45 days would begin tomorrow. Telly Danos acknowledged for the record that he understood that the requirement is that he must post the bond within 45 days or else the plan will be revoked again as noted by Michelle Curran.
Next, Bob Zukas made a motion, Michelle seconded to approve the site plan.
SO VOTED. (Barry Weymouth abstained)
Record new mylar with note stating this plan supercedes plan number already recorded was discussed as a possible option.
A Preliminary Hearing on a site plan review application for a proposed building and associated parking at 27 Garden Road, Tax Map 26, Lot 53 located in the CI Zone. The total parcel size is 1.1922+/- acres and has 233 feet of frontage. The proposed building is a total of 7,144 square feet to be known as “Town Fair Tire” business, with 2,218 square feet for service area and 4,926 square feet of retail space. The owner of record is George M. Barcelos and Nancy T. Barcelos, Trustees of Jan Realty Trust.
Dan Blais of T.F. Moran introduced James Fuller, Regional Manager for Town Fair Tire
(See handout with explanation/presentation of business)
Following James Fuller’s presentation, Dan Blais explained the location and the details of existing conditions of the site.
There is an abutting property that the owner is unknown. It is floodplain. Removal of existing structures must occur in order to construct the new tire store.
Dan Blais noted that he met with Mike Dorman and Leigh Komornick and had been asked about having one driveway instead of two and that it must accommodate WB 50 trucks around the site. Cross-easements in the back were also asked about.
Dan Blais explained that they can’t have just one driveway because of circulation.
A chain link fence with privacy slats will be added to the plan. Lots of good landscaping. Locked cage area to screen the tires.
The question was asked about whether they would accept tires from residents if they were looking to dispose of personal tires. Dan Blais noted they are willing to give it a shot.
More interior green landscaping added since prior plans. Now also show 37 parking spaces versus the 29 on the prior site. They will be able to provide connectivity and still meet parking needs. 5-bay tire store – ITE trip generation figures were provided. Dan Blais noted these are low numbers.
Stormwater. Swales and infiltration basins to be provided. Test pits have been done.
Wetland area is 20 feet lower and so swales should be good.
Michelle Curran noted it was an excellent presentation by both men.
Tim advised that no construction could occur in the 50-foot wetland setback. Perforating catch basin in this area was discussed.
Leigh Komornick needs to check the Westville Road project to see how the wetland setback was handled at that site and also Tim Moore noted they needed to go to the Conservation Commission. (Get their comments prior to coming back for a Final Planning Board Public Hearing.)
Tim Moore asked for abutter input and there was none so he closed the Preliminary Public Hearing.
(A 10 MINUTE BREAK WAS CALLED BY TIM MOORE)
A Preliminary Hearing on a site plan review application for the proposed expansion of vehicle sales at 89 Newton Road, Tax Map 68, Lot 9 and Tax Map 69, Lot 56 totaling 12+/- acres and 813 feet of frontage located in the ICR District. The owner of record is Maureen N. Leandro.
Dan Johnson, local surveyor, noted that they would only be utilizing a small portion of Tax Map 69, Lot 56. He noted there are still property line issues with the entire site. Just trying to get initial input about paving the area in front of the store to allow for additional cars to be displayed for sale. 10 permitted spaces are there now. Just want to neaten up the site with some paving. The property owner has really been working to clean up the site.
Dan Johnson noted he has to go to NHDOT to get the driveway situation straightened out. Closing them up mostly.
Michelle Curran asked for further clarification as to what the purpose of the site plan is.
Bob Zukas noted for the record he was recusing himself as he was an abutter, however in the audience he asked about the fence. It was explained that this was needed for security purposes.
Mike Dorman specified for Michelle Curran the purpose of the site plan is because he doesn’t have permission to use the building (previously a convenience store) and wants to pave an additional area. And add a chain link.
Tim Moore suggested that the reference be to a fence but not necessarily specifically a chain link fence.
Lighting was discussed. Tim Moore asked for any other questions from the Board and then from abutters.
George Melvin of 55A Kingston Road, Plaistow spoke. He is representing the Connells (an abutter located at 87 Newton Road).
George Melvin noted there is a property line dispute and the property line is not located where the Cornell’s thought it would be. George realizes this is a civil issue but thinks there could be a lot line adjustment and an equitable waiver to allow the building to be closer than 50 feet.
Frank Leandro of 472 Central Street, Lowell, MA spoke as to what happened with regard to the property line dispute. He claims they have changed their minds since negotiating before.
Dan Johnson and George Melvin further expounded on the discrepancy.
It appears that there needs to be another lot line adjustment and a variance obtained to straighten this out.
Tina Connell of 87 Newton Road spoke to the issue of water runoff from the additional pavement being proposed by Brandy Brow.
Dan Johnson and George Melvin noted that they can’t increase runoff so this would have to be addressed as part of the site plan.
Michelle Curran asked for clarification on the number of spaces and the front buffer. It could be that a landscape buffer could be provided. Low shrubs perhaps.
Maureen Russell, an abutter located at 100 Newton Road spoke about her concerns about this area increasing in activities due to the traffic conditions. She does not want to see the expansion of the parking for more cars. If to clean up and landscape better that is okay.
Tim Moore noted that Brandy Brow already has permission to sell 10 cars, and that this plan is just to adjust the area of parking. So it isn’t really to expand.
Michelle Curran noted that the Board of Selectmen would be the venue for application by the property owner to seek the sale of additional cars (over the 10 they have a permit for through the Board of Selectmen).
George Melvin asked if they could receive a copy of the plan that is before the Board. Dan Johnson noted he would be happy to provide it when it is done. He hasn’t completed the drainage calcs yet, etc…
Tim Moore noted that the Preliminary Hearing will be closed tonight and they would come back for a Final with renotification to the abutters.
Michelle Curran expressed her desire to see the whole site on the plan including the assigned spaces for parking for the whole site. There is no site plan on file now as so this is an opportunity to get a complete site plan. The process of doing this piecemeal is not acceptable to her.
Dan Johnson explained that he has greater plans and doesn’t want to spend the client’s money when it could change.
Continued discussion took place on the need to provide a site plan for the entire site. Roads and location of all cars, etc…
Steve Ranlett asked why this was necessary. Michelle Curran feels this is a perfect opportunity to get the site in order.
Mike Dorman agreed to provide a pictometry of the site so that all can look at existing conditions sometime between now and the next meeting.
Steve Ranlett left the meeting at 9:15 p.m.
There was continued debate about the need to show the entire site versus just the little area they want to pave. Dan Johnson states this can’t be done as there are property line issues and the land in Haverhill, MA should be delineated as part of the site plan.
Maureen Russell of 100 Newton Road spoke to the issue of who would respond to a fire if the access is via Plaistow but the fire in Haverhill. Tim Moore noted that there would be a cooperative effort to put out the fire.
Extensive discussion regarding the requirement to prepare a site plan for the entire property. The following were noted by Dan Johnson for the record to come back with:
ü Cornell issue resolved
ü Proposed striping for the public parking
ü Drainage
ü Show gravel roads and fire lanes
ü Setbacks and buffers delineated
ü Landscaping along Route 108
ü NHDOT Driveway Permit
Other Workshop Items/Business
1) Request by CVS for a “Minute Clinic”
The Board reviewed the request including written information provided by CVS to have this area within the new CVS store. Leigh Komornick confirmed that this was not a 150 square foot addition, just spaced to be utilized within the store. The concensus of the Board is that it is okay. Michelle Curran is not sure and needs more info.
2) Proposed Day Care Facility at 16 Danville Road
Existing use is office space; Michelle Curran noted her concern about the car lot next door. Mike Dorman noted this will all be addressed as part of the site plan.
3) Follow-up on Planet Fitness
The metered water printouts are needed to see if they are going over and if so, they need to go back to the dry system. The Board instructed Leigh Komornick to write a letter from the Planning Board to Planet Fitness and Joe Scott telling them that because agreements have not been met with the Planning Board, the showers must be shut off. Otherwise, their whole operation will be shut down.
4) Additional Paving at the Baptist Church on Main Street
The proposal is to pave an area for parking. The church owns both lots, one with the church on it, another with the house. Michelle Curran asked about how to handle this for a residential use. It was noted it would be paved with reclaimed material. The Board agreed it was okay. Michelle is concerned that this is two separate lots. The Board went on record that if the lots are sold separately, easements would need to be obtained or the pavement torn up. They instructed Leigh Komornick to write them a letter.
Notices, Letters, Correspondence from the Dept of Building Safety, Planning and ZBA.
The Board discussed the real estate sign ordinance and the letter in the packet from Mike Dorman. Michelle Curran expressed appreciation for the letter. The green stickers are not always being put on the signs. Mike Dorman noted that letters went out to the realtors just a week ago and the realtors need to be trained. Discussion ensued regarding how to enforce, setting a deadline, etc…Mike Dorman noted it is the toughest ordinance he has had to enforce.
« Special Issue Raised - Fundraiser at Walmart
Michelle Curran expressed her disappointment in witnessing an event over the weekend that had not been reviewed or approved by the Planning Board. The Board instructed Leigh Komornick to write a letter to them with a cc to the Town explaining that they were supposed to notify the Planning Board and they must get permission.
This discussion further evolved into a discussion of the need to develop an event checklist and send it around. Make a checklist to clarify this in writing who the process is.
Michelle Curran announced that she had received a letter from an abutter regarding Mr. Stanley off Garden Road. She wanted to know what is going on. Mike Dorman needs to call him and follow-up.
«
Bob Zukas inquired about if a car wash at Sovereign bank by the Girl Scouts and whether they needed permission from the Planning Board. It was indicated that it would be necessary.
Adjournment
« Tim adjourned the meeting at 10:28 p.m.
Respectfully Submitted,
Leigh G. Komornick
Planning Coordinator
Acting Recording Secretary
| 
