PLANNING BOARD MINUTES
April 15, 2009
Call to Order: 6:30 p.m.
ROLL CALL: Present were: Steven Ranlett, Chairman; Peter Bealo; Robert Gray, Selectmen Ex-Officio; and Charles Lanza, Alternate. Timothy E, Moore, Vice-Chairman; Larry Gil; and Neal Morin, Alternate were excused.
Also present was P. Michael Dorman, Building Inspector/Code Enforcement Officer.
Minutes of April 1, 2009, Planning Board Meeting
P. Bealo moved, second by R. Gray, to approve the minutes from the April 1, 2009, meeting. There was no discussion on the motion the vote was 4-0-0.
Continuation of a pubic hearing on a final site plan application by Fairway Oaks, LLC who proposes to combine Tax Map 58, Lots 4 and 6 and Tax Map 66, Lot 3 for the construction of a 36-unit Elderly Housing Project. Access to this complex will be through an extension of Hillcrest Avenue in Plaistow. The total acreage is 23.11 acres and the owner of record is Hillcrest Estates, LLC
S. Ranlett noted that a request for a continuance in this matter had been received, but, due to an issue with the initial legal notification process this matter was going to be re-noticed, therefore this matter was to be closed this evening.
P. Bealo moved, second by C. Lanza, to close the public hearing on the 36-unit Elderly Housing Project proposed by Fairway Oaks, LLC. There was no discussion on the motion. The vote was 4-0-0 U/A.
Discussion with Richard Bunker regarding a Hot Dog Cart at 70 Plaistow Road
Richard Bunker explained that he would like to open a hot dog cart at the Getty Station on 70 Plaistow Road. He noted there were three entrances/exits and that he would be towing his cart in and out of the site every day. R. Bunker added that his hours of operation would be 10:00 a.m. to 3:00 p.m., Monday through Friday mostly, and the cart would be parked in the northeast corner of the lot, near the clothing drop. He continued that he had the owner's permission and was not being charged rent as it was seen that he would be bringing additional business to the garage/gas station. Mr. Bunker noted that he would only be selling hot dogs, sausages, chips and soda.
C. Lanza asked if he would be operating five (5) or more days a week.
R. Bunker said that he would be operating five (5) days and perhaps some Saturdays.
S. Ranlett suggested that if Mr. Bunker intended to operate Saturdays at all he state it now so that it could be part of the Board's approval.
R. Gray reminded that Mr. Bunker would have to get a Peddlers' License.
M. Dorman added that he would also have to get a food service license from the Health Officer.
R. Gray asked if this would be a summer only business.
R. Bunker replied that it would be since he snowmobiles in the winter.
S. Ranlett offered that his concern was for increases in traffic on the site.
The Board discussed potential traffic issues. The Board discussed allowing Mr. Bunker to operate for sixty (60) days to see what issues arose; if there were none, he would allowed to continue operations without further approval of the Board. After additional discussion it was decided to allow ninety (90) days, which would be nearly the entire summer, and would allow the business to be established and most issues to come to light.
P. Bealo noted that other attempts were made to have hot dog carts at other commercial locations, such as Home Depot, and questioned why they weren't successful on other sites.
M. Dorman offered that the Home Depot site, in particular, was an issue of using parking spaces for the hot dog cart, and it was already a very tight site (for parking). He added that all these types of applications would need to be handled by the Board on a case by case basis.
R. Gray moved, second by C. Lanza, to allow a ninety (90) day trial, from the start date of the business, for the hot dog cart at 70 Plaistow Road, to be monitored by the Building Inspector. If there are no issues in that ninety (90) day period then the business would be allowed to continue in the future, provided there are no additional issues. There was no additional discussion on the motion. The vote was 4-0-0 U/A.
Other Business - Haseltine Street
M. Dorman updated the Board on the progress of the Haseltine Street expansion project, noting that it was closer to reality and he was mostly waiting for the language to be worked out on the construction easement that the property owners wanted for future connection to Haverhill (MA) water and sewer.
There was discussion on what was left to be done to begin construction on the widen project. It was noted that the Town was paying for the property owner's legal fees for the land transfer transaction, but not for the land, and would be giving them the easement as well. It was further noted that eventually there would be a stop sign on Main Street, northbound, at the intersection of Main and Haseltine Streets.
C. Lanza asked if an easement was even required for such a project.
M. Dorman replied that to cross a town-owned street, yes, to cross a state-owned road only a "cut permit" was required.
There was additional discussion of the construction details of the project and the stop sign switch. It was also noted that no tax dollars would be spent on this project and that all the money was coming for Route 125 Impact Fee monies, which needed to be spent soon or returned to the developers who paid the fees.
Other Business - ZBA Agenda
D. Voss noted that neither Snow's Brook (Hillcrest Estates, LLC 36-unit Elderly Housing Project) or Nicholas Pichowicz (Duston Avenue) had filed application for Zoning Board of Adjustment (ZBA) relief as had been anticipated.
R. Gray asked what was happening with the Ron Brown (Gunstock Road) matter.
D. Voss noted that the ZBA had been served with a Superior Court action.
Other Business - Ongoing Commercial Sites Status
S. Ranlett asked what the status was of the Jay Davey site (69-71 Plaistow Road).
M. Dorman noted that it was as is seen today. He added that Mr. Davey had been in to discuss possible other options for the site, including used car sales, and was told that anything other than what was on the Planning Board approved site plan would require additional Planning Board review.
R. Gray inquired as to the status of the Rite Aid project (31 Garden Road).
M. Dorman explained that the developer for Rite Aid was still trying to get financing for the project, which would then be leased to Rite Aid. He noted that Rite Aid, as a corporation, was struggling and it was difficult to get financing.
R. Gray offered that he sympathized with the plight of the property owner, but regardless of Rite Aid's situation the parking lot was in really bad condition and needed to be reclaimed.
M. Dorman agreed that the site needed to be cleaned up but offered that the property owner was facing financial issues himself due to the delays with the Rite Aid financing problems.
There were no additional matters before the Board and the meeting was adjourned at 6:52 p.m.
Respectfully Submitted as recorded by Dee Voss.
Approved by the Planning Board on _________________________
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Steven Ranlett, Chairman
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