1. Call to Order

Chairman Raymond Shaw called the meeting to order at 7:10 P.M at the Town Hall Auditorium. Present at the meeting were Vice Chairman James Carter, Clerk Michael Sitar, Chief Al Donovan, Chief Tom Ryan, Will Lambert, George Donovan, Doug Sears, Director of Community Development Steve Sadwick and Recording Secretary Dawn Cathcart. Steve Deackoff was not present.

2. Approval of Minutes – 01/13/04

MOTION - Mr. Sitar made a motion to approve the minutes of January 13, 2004 with the following change; on page 4, second to last paragraph, change “certain milestones are not bet” to “certain milestones are not met”. The motion was seconded by Mr. Sears and unanimously voted 8-0.

3. Wetland Peer Review Report – William Manuell

Mr. Shaw stated that Bill Manuell has been a consultant for the Tewksbury Conservation Commission for two years. He has provided a memo dated January 9, 2004. Mr. Manuell stated that he looked at the following properties, Map 114/Lots 1 & 2, Map 109/Lot 9, Map 115/Lot 2. A question was raised regarding the jurisdiction of the wetlands delineation on the large parcel that was done November 2002 through January 2003. The wetland flags done for the ANRAD that was done and it was filed with the Conservation Commission. The determination is good for three years. There were minor changes suggested and the applicant agreed with the changes. The first parcel was adjudicated in January 2003. The second parcel was a continuation of the first parcel and contains some changes. The Conservation Commission issued another formal determination. The wetlands boundaries are established. The Fish and Wildlife Service determines if there are vernal pools or if there are established habitats for rare wildlife. The other wetlands extend to Wilmington and those were not looked at. That would be the next step for Mills to look at. There are multiple steps that are required in addition to the wetlands determination. They consists of local, state and potentially federal guidelines and there will be Orders of Conditions issued.

Mr. Sears asked what percentage of the property is not considered buildable. Mr. Manuell replied 1/3 or less than ½. Mr. Sears asked what percentage of Map 114/Lot 2 is buildable. Mr. Manuell replied he was not sure. Mr. Manuell added that there is a new Supreme Court case dealing with isolated wetlands under Federal jurisdiction. Mr. Sears asked if there are vernal pools. Mr. Manuell replied that there are no certified vernal pools on site. Mr. Sears asked if there were vernal pools on the center piece property. Mr. Manuell replied he was not sure, but this application can proceed. If the wetlands fall under Federal guidelines, it could be replicated on another piece of the property. Mr. Sears asked how jurisdiction applies. Mr. Manuell replied the question of jurisdiction will be yes or no, a court case has eliminated wetlands from the Federal jurisdiction and it is on a case by case basis. Mr. Sears asked if any other agency would be involved, such as EPA, DEP or Army Corps of Engineers. Mr. Manuell replied it would be the Army Corps of Engineers.

Chief Donovan stated that this area was not originally wetlands, but the creation of the gravel pits makes it wetlands. Mr. Manuell replied that was correct. Chief Donovan asked if this area has been completely determined if it was entirely wetlands. Mr. Manuell replied that there are still questions and the Conservation Commission will be involved.

4. Civil Engineering Peer Review Report – Joseph Serwatka

Mr. Serwatka stated that he has worked for the Town of Tewksbury for over sixteen years with the Planning Board and over six years with the Conservation Commission. The applicant has submitted schematic plans to date with drainage concept, preliminary grading, parking, etc. Mills seem to have a general understanding of what will be required at the final stage. The detailed plans will have parking, lighting, utility plans, drainage, dumpster locations, landscaping, etc.

Mr. Shaw thanked Mr. Serwatka for his response.

Mr. Donovan asked if the final plans are going to be put forth if the zoning passes. Mr. Serwatka replied that is typically the process.

Mr. Sears stated that this report pulls the information that we already know. Mills is a destination mall and there is concern with parking. Mr. Serwatka stated that the preliminary plan is one space per 200 SF of GLA. There are questions regarding the uses in the mall. Mr. Serwatka asked if the ice rink is included in the GLA. Mr. Serwatka stated that the use should be different from retail. Mr. Sears asked if Mr. Serwatka looked at other destination malls. Mr. Serwatka replied he hadn’t but it could be looked at when the final plan is submitted, but we can only look at the bylaw and what was presented. There would be no reason to believe parking would be different.

Chief Donovan asked if there are any uses that would require additional spaces. Mr. Serwatka stated that standard is one space for 200 SF GLA. Chief Donovan asked if Mr. Serwatka knows of any other destination malls. Mr. Serwatka replied he didn’t but he could do the research.

Mr. Carter asked if the one space for 200 SF GLA is for all retail. Mr. Serwatka stated that there are different standards for the different uses.

Chief Donovan asked Mr. Sadwick to look at this. Mr. Sadwick stated that this needs to be looked at for the Zoning Bylaw draft. Mr. Sadwick stated that he will get local and national standards.

MOTION - Mr. Sitar made a motion to refer the Zoning Bylaw recommendations from Mr. Manuell and Mr. Serwatka to the Zoning Bylaw Subcommittee. The motion was seconded by Mr. Carter and unanimously voted 8-0.

5. a) Traffic Peer Review Part 2 – Paul Hajec

Paul Hajec appeared for a traffic peer review. Mr. Hajec stated that there were three additional items on the January 27, 2004 memo. They were comparative ranking of the interchanges, the off-site traffic mitigation, and trip generation. Mr. Hajec stated that he continued to meet with Mr. Sadwick, Ms. DeMeo, and Attorney Bobrowski and Jim DeAngelo and Mark Pendelton from TEC.

Mr. Hajec stated the first issue is the ranking of the ramp. The following is the ranking, 1) the Loop, 2) the Trumpet, 3) West Alternative 2, 4) West Alternative 3, and 5) West Alternative 1.

Steve Deackoff joined the meeting at 7:43 PM.

Mr. Hajec stated that the loop alternative provides the easiest access to the dumpsite. Mr. Hajec stated that he based his ranking on eight criteria; 1) level of compliance with design regulations, 2) ability for operational efficiency and stability, 3) safety, 4) ability to provide services, 5) impact on local roads, 6) ability to provide interface with intermodel transportation options, 7) impact on environmental issues, and 8) costs.

The second item is off-site mitigation. There were four local areas that were designated to be impacted. They are; 1) East Street between Main Street and the Andover town line, 2) Shawsheen Street between Main Street and East Street, 3) Salem Street between Main Street and the Wilmington town line, and 4) South Street between the Andover town line and the Wilmington town line. Mr. Hajec stated that the proponents as part of the Development Agreement should provide off site mitigation, i.e., widening the road, signage, signals, and paving.

The third item is trip generation questions and comments. The first question was that the trip generation table was not in the TEC report and this needs to be provided. The second question was the type of trips. The new, pass by, diverted and linked. These figures are needed and the report needs the trip type breakdown.

Mr. Shaw asked if Mr. Hajec’s latest memo has gone to Mr. DeAngelo. Mr. DeAngelo joined the meeting. Mr. DeAngelo stated that he will provide the trip generation and types to Mr. Hajec. Mr. DeAngelo stated that the memo was prepared prior to working with the MVPC. They are also working with VHB to get a regional model. They are going through the trip generation for year 2008 with mall and interchange. This will be an independent source. This is expected in one to two weeks.

Attorney Bobrowski stated that he is looking toward the Development Agreement because it is the best tool that the Town has to get mitigation for the local roads. Mr. DeAngelo wants to confirm that the improvements on local road such as Shawsheen Street and Dascomb Road are definitely in need. Attorney Bobrowski stated that we need to get enough information and data now to get it incorporated. Mr. Hajec stated that he left out Rt. 38 because that is a State highway. Attorney Bobrowski stated that is not a zoning issue, but improvements to Rt. 38 could be part of the Development Agreement.

Mr. Deackoff stated that the loop would allow more development in Andover and Wilmington than the trumpet interchange. Mr. Hajec replied that was correct, the loop would have more highway traffic, but not connecting to local roads. The trumpet does not allow development to Tewksbury. Mr. Deackoff asked if the 2008 year study include the amount of traffic with all development in that area, not just the mall and will the traffic mitigation for Tewksbury take into account other developments. Mr. DeAngelo stated that the trumpet interchange is located on the Perkins and Kelly land and will impact developable land. There is potential development that will be the same with the trumpet and loop interchange. The traffic study was with or without the mall. VHB is looking at the zoning bylaw and looking at Mills and potential developments. Mr. Deackoff asked if there was a full build out, will the mitigation being done for the Mills traffic or all loop development. Mr. DeAngelo stated that even if Mills doesn’t happen, the loop alternative is a good option. Mr. Deackoff stated that if Mills goes away, there will still be an increase in traffic with no mitigation. Mr. Deackoff stated that this is the first step, the project will need state and local approval for any property which includes mitigation, and an Environmental Impact Report.

Mr. Sears stated that the mitigation should be put in the Development Agreement. Mr. Deackoff stated that he is not sure that can be added. Mr. Deackoff asked if Weyth expands would Tewksbury get money for road improvements. Mr. Sadwick stated that there is a MEPA process which includes indirect access. The Town would be notified and would be allowed to address our concerns on impact to local road. Mr. Sadwick stated that it is not a guarantee but this is a State process which will looks at municipalities.

Mr. Hajec stated that the only information provided by MVPC is for 2025 in all alternatives. The VHB should have an interim year analysis which would allow a more realistic picture.

Attorney Bobrowski stated that mitigation should be in the Development Agreement. There should be expectations on existing conditions with build vs. no build scenarios. There is a need for the numbers to run the models.

MOTION - Mr. Sears made a motion to include the traffic mitigation in the Development Agreement to the extent that the study determines it is required. The motion was seconded by Mr. Carter and voted 8-1. Mr. Donovan voting against.

Chief Donovan stated that three alternatives don’t have access to Tewksbury. Chief Donovan stated that the intersection of Dascomb Road and Shawsheen Street is in Andover.

MOTION - Chief Donovan made a motion to get access to property behind Perkins property in Development Agreement. The motion was seconded by Mr. Sears and unanimously voted 9-0.

Mr. Lambert stated that there was concern with backup on the ramp. Mr. Hajec stated that calculation is further down the road. They would have to be done, just not yet.

Mr. Sears stated that this is not your typical mall and should have stacking. Mr. Sears asked if this was a final report. Mr. Hajec replied this would be the last review of the interchange, but the mitigation is only a preliminary report because more information is needed. Mr. Sears asked if the cleanup at Rocco’s was included. Mr. Hajec stated that will be part of off-site mitigation. Mr. Sears stated that South Street is a county road because it goes through Middlesex and Essex counties.

Attorney Bobrowski stated that he would look into this. We could control movements with signals or signage. If a problem starts in another town there isn’t much we can do. Mr. Sears stated that if Mills doesn’t go in, then housing is an alternative.

Mr. Deackoff stated that we should prevent access to Andover from South Street. If the loop option is selected, then the Ween property could be developed. One option is to put a Conservation Restriction for public land with the Conservation Commission controlling it.

Chief Donovan stated that there is twenty six acres in Andover and a horse farm. Mr. Sadwick replied that was correct and the current owners would put a deed restriction if the loop is approved. Chief Donovan asked if the entire parcel is in Andover. Mr. Sadwick replied yes. Attorney Bobrowski stated that as more information comes available and this can be addressed at that point.

Mr. Deackoff asked why the environmental impacts and costs were the lowest criteria. Mr. Hajec stated that there will be no cost to Tewksbury and his area of expertise is not environmental. Mr. Deackoff stated that the loop costs $35 Million, but the trumpet only costs $5 Million. Mr. Hajec stated that the original four alternatives do not take into account the land taking, relocation of the power lines and are not real costs. The closest to real costs is West Alternative 3 at $26 Million.

Mr. Shaw stated that Perkins have indicated that they will deed their land as well as the RJ Kelly property at no costs.

Mr. DeAngelo stated that the loop alternative has advanced engineering with real costs. The most important thing is the improvements to Rt. 93 that will have four lanes. Also included in the loop alternative is costs to extend the 4^th lane to Dascomb Road which will cost between $5 - $7 Million. It also included improvements to Ballardvale grade extension.

Mr. Sears stated that if the other four alternatives don’t meet Federal guidelines for ramp spacing wouldn’t there be an exception if there was a railroad or a park and ride. Mr. Hajec stated that it helps in getting waivers.

MOTION - Mr. Carter made a motion to table this issue until the final mitigation recommendation is presented on February 26, 2004. The motion was seconded by Mr. Donovan and unanimously voted 9-0.

5. b) Public Safety Officials – Discussion of Transportation

Chief Donovan stated that he received information from the Danvers, MA, Salem, NH, Nashua, NH, and Burlington, MA police stations regarding number of calls for malls in their towns. Based on the numbers received this project would required three additional officers on a swing shift from 2:00 PM to 10:00 PM at a cost of $55,000 each for a total of $165,000. Overtime figured in to cover off days would be $12,000. There would also be a new cruiser at a cost of $33,000. The total impact would be $210,000.

Mr. Shaw asked if there would be a community policing in that area. Chief Donovan stated that the majority of the calls are for shop lifting and minor accidents. The main access to the mall would be on Rt. 93 unless there was an emergency.

Mr. Deackoff stated that the mall is open more than eight hours a day. Chief Donovan stated that you need to look at the service of the calls. The three additional officers would cover eight hours a day, seven days a week. With the other malls, most calls happened between 2:00 PM and 10:00 PM. These additional officers would not just service the mall. Mr. Deackoff asked if the $55,000 would include salary and benefits. Mr. Shaw replied yes, all other items would be covered by Judy Barrett.

Chief Ryan stated that based on the information from other mall towns. There are between 200 to 400 ambulance calls a year and 50-100 fire calls. The previous request was to budget for eight additional people for the South Street Fire Station to cover additional ambulance and service calls. The biggest challenge will be the plan review and inspections. The peer review process should be by an independent Fire Protection Engineer that should be paid for by Mills but works for the Fire Department. The total needed would be $400,000 eight fire fighters, $150,000 for an ambulance, at two inspectors at $130,000.

Mr. Sears asked who is responsible for lockouts. Chief Ryan stated that they are factored into the number of service calls.

Mr. Lambert asked if Wilmington would handle any of the police or fire calls. Chief Ryan replied no, in the past Tewksbury has helped out Wilmington, not the other way around.

Chief Donovan also added that usually the mall will hire details from off duty or reserve police.

Mr. Shaw stated that it could be added to the Development Agreement that Mills only hires police details. Attorney Bobrowski replied that could be added.

Mr. Deackoff asked if the Board of Health issues have been discussed. Mr. Shaw replied that is a separate discussion with Mr. Carbone and Mr. Colantuoni. Mr. Deackoff stated that other towns have planners and large staff for the Community Development department. Mr. Sadwick will come back with costs. Mr. Shaw stated that the Planning Board has requested a full-time planner and this will be part of the discussion for the financial section. Mr. Deackoff stated that he received a flyer that stated that it would bring in about $3 Million in tax revenue. Attorney Bobrowski stated that a crucial amount is what the developer pays for above the projected revenue.

6. Infrastructure Review – Camp, Dresser & McKee

Mike Walsh and Ralph Souppa from CDM appeared for infrastructure review. Mr. Walsh stated that CDM has worked with the Town for 20 years on the sewer and water projects. Mr. Walsh stated that he would discuss sewer first.

Mr. Walsh stated that there is a major sewer expansion in process and the area that would affect the Mills project is in Phase VII which is going out to bid in July 2003 on Contract #25. Depending on the use of this site it would impact the size of the pipe and pump station. There are three options with costs associated with them. The use of residential would be $570,000 versus the option with the Mills development at a cost of $818,000. There is also an option with development of a hotel in Wilmington for a cost of $843,000. There is a time constraint with this phase. CDM will need to know by July if the larger option is needed and we’ll also need direction if this zoning passes at Town Meeting.

Mr. Sears asked how will wetland areas be crossed. Mr. Walsh stated that they will perform directional drillings below the water. This project will need to go before the Conservation Commission.

Mr. Walsh stated that regarding the waste water there is a town limit. Even with the entire build out, the capacity is not an issue.

Mr. Shaw asked what the drop dead date is to know which way to go. Mr. Walsh replied they could bid an alternative, but either way they need to know by the end of May.

Mr. Deackoff asked what numbers are correct. Mr. Walsh stated that less than 1 mgd projected with full build out to 3.2 – 3.3. Mr. Deackoff asked if the NMCOG numbers are included because they are slightly higher. Mr. Walsh stated that the sewer expansion is a six phase project over eight years. Mr. Deackoff asked how long is the contract. Mr. Walsh replied that he believes it is twenty to thirty years.

David Cressman joined the meeting. Mr. Cressman stated that it is a twenty year contract based on flow in the mid 1980. These numbers were based on operating costs. The town needs to be aware of the capital costs. Tewksbury paid $4.2 Million. Mr. Cressman added that the town only deals with waste water.

Mr. Carter asked how big is the pump station. Mr. Walsh stated that a residential pump station would handle 260 gallons per million, where the pump station for the Mills project would be three times bigger. Mr. Souppa added that the residential pump would be eight feet and the commercial pump would be twelve to fourteen feet. The station would be underground so either option is not that big.

Mr. Shaw asked if the different size pipe would make the wetland crossings different. Mr. Walsh replied that they haven’t been before Conservation Commission yet so it doesn’t matter.

Mr. Walsh stated that the next issue is the water. Mr. Walsh stated that they are just starting to look at the water distribution. The Water Treatment Plan is in North Tewksbury and there are several storage tanks. The Mills project would require 210,000 gallons per day with the maximum use for the holiday would be 315,000 gpd. There is currently a twenty inch main. We need to do a hydraulic model and distribution study.

Mr. Sears asked if a $6 Million storage tank is needed. Mr. Walsh stated that regardless of the Mills project the Town needs more water storage. This study will be in process over the next six months. Mr. Walsh stated that the water storage is related to fire suppression needs. Mills could put a storage tank on their property or a tank could be put in South Tewksbury with both the Town and Mills sharing the storage. Mr. Sears asked if CDM has talked with Mills on what they are planning. Mr. Walsh replied that they haven’t yet, but will be working the issue in the next six months.

Mr. Cressman stated that Mills would need 250,000 gallons for Fire Protection and there is a figure associated with the storage gallons.

Mr. Donovan asked if the study could be completed before six months. Mr. Walsh stated that preliminary figures could be given by May.

Mr. Deackoff asked what the limit is for the DEP water withdrawal permit from the Merrimack River. Mr. Walsh stated that there is an annual limit. The current number is 2.96 Million gallons per day. In December this will increase to 3.08 gallons per day. The Town is nearing the stage to increase the limit regardless of the Mills project. This is a twenty year permit that is reviewed every five years for increases. Mr. Deackoff asked if this increase is guaranteed. Mr. Walsh replied that there is no guarantees but if the Town can prove a need than usually it is increased. Mr. Deackoff asked what the numbers are for a full build out. Mr. Walsh replied that the Town will be doing projections.

Chief Ryan asked what the relationship between daily use and storage. Mr. Walsh stated that the Water Treatment Plant will handle the maximum uses. The storage containers would cover high demand hours. There is not a direct relationship between use and storage. In 2002, the maximum day is 5.9 mgd. The Town should want 20% available in storage. There should be sufficient storage for fire demand and other emergency uses. There is a difference between total vs. active. For example, Ames Hill is active, but Astle Street is not.

Mr. Shaw asked if there was an intermunicipal agreement with Lowell and Andover. Mr. Cressman replied that there is an agreement with Lowell on an as needed basis for example when the Water Treatment Plant is shut down. We have never had a formal agreement with Andover, but have had a gentleman’s agreement. This hasn’t been used in the last few years. Mr. Shaw asked for the difference in the current zoning for 60 residential homes versus the Mills project. Mr. Walsh replied that Mills would handle 210,000 gallons per day and the residential development would be 1/3 of that.

7. Draft Zoning Article and Development Agreement – Mark Bobrowski

Attorney Bobrowski stated that he have met with the Zoning Bylaw Subcommittee. There is a first draft of the Town’s zoning article. There are procedural changes to simplify it. The focus has been on the west side of Rt. 93. The article now concentrates on a single structure mall. Mr. Serwatka’s comments should be submitted to the next Zoning Bylaw Subcommittee. These comments include frontage, building height, set backs, etc.

Mr. Sears asked if Attorney Bobrowski received the memo from Keith Raseuo. Attorney Bobrowski replied yes, and the comparison table was helpful.

Mr. Donovan stated that he attended the Zoning Bylaw Subcommittee. Attorney Bobrowski and Ms. Barrett should define the bylaw. Attorney Bobrowski stated that they are concentrating on the mall only. The concept plan will be worked on after the zoning is approved.

Mr. Shaw stated that the next Zoning Bylaw Subcommittee is on January 29, 2004 at 8:00 PM at the Police Station.

8. Meeting Schedule and Peer Review

Mr. Shaw stated that the next Zoning Bylaw Subcommittee is on January 29, 2004 at 8:00 PM at the Police Station. The next Mills Study Committee will be on February 3, 2004 at 7:00 PM.

9. Reports

Mr. Sears stated that Mills has made promises on the Tewksbury Skating Authority website that there will be two rinks in the mall. They have also promise forty hours a week to the Tewksbury Skating Authority. Mr. Sears asked if this was true.

Attorney Richard O’Neill – Attorney O’Neill stated that Mills went to the Tewksbury Skating Authority to discuss the mall. They were informed that in the concept plan, there are two skating surfaces included. The current needs of the TSA is forty hours a week. Mills is committing to the TSA, forty hours a week of ice time at a reduction of cost of about 40%-50%. Currently the cost for ice time is $175-$225 an hour. So that would leave the cost for TSA at about $120 per hour. Mr. Sears asked if this was in the Development Agreement. Attorney Bobrowski replied that is exactly where this information would go. Attorney O’Neill added that TSA was told that they would get this offer whether or not they endorsed the project. Attorney O’Neill stated that he has worked in the past with local ice rinks to get ice time for Tewksbury. Mills has opened a mall in St. Louis with a rink for the local program there.

MOTION - Chief Donovan made a motion to include the ice rink discussion into the Development Agreement. The motion was seconded by Mr. Sears and unanimously voted 9-0.

Mr. Deackoff asked a wetland question. On page 2, 3^rd paragraph, wetland flags U1-U24 fall under Tewksbury regulations. These would be in the proposed parking area. Mr. Manuell replied that was correct. Mr. Deackoff stated that there is a 25’ no disturb zone so the wetlands cannot be touched or filled in. Mr. Manuell replied that is correct, but that is currently being worked on. Mr. Deackoff stated a wetland bylaw change would be needed. Mr. Manuell replied that was correct and it is currently in progress.

Mr. Shaw asked if he had any recommendations to the wetlands for this area. Mr. Manuell replied no.

Mr. Sadwick stated that the Conservation Commission will bring in Greggor and Associates to review the bylaw but he’s not sure if it will be ready for the Annual Town Meeting.

10. Public Input

10a. Susan Duffy – Traffic Study

Susan Duffy of 37 Catamount Road and Sean Saraky from 381 Whipple Road appeared to discuss the STOMP traffic study. Ms. Duffy stated that she handed out the traffic study on January 13, 2004. Mr. Saraky stated that there were four major contributors to this study, himself, Ms. Duffy, Robert Kelley, and Peter Guitette. Mr. Saraky stated that they have gathered information that has been previously presented. The Mills model numbers are fine, but the numbers can be slanted. The report summarizes the committee meetings, MVPC summary, Rt. 38 corridor study in process and the mall traffic information.

Mr. Sears stated that this is well put together.

Ms. Duffy stated that the trip generation numbers doesn’t look at the rink or movie theaters. Ms. Duffy stated that the federal regulations require access to local roads. Ms. Duffy added that the ramp is not a done deal.

Mr. Saraky asked if the STOMP traffic report could be posted on the Town’s website. Mr. Sadwick replied that he will post it if the committee approves it. Mr. Shaw stated that the consultant’s final reports will be posted on the website.

10b. Tewksbury Resident

Bob Kelley of 75 Mill Street – Mr. Kelley stated that Mr. Hajec stated that the four alternatives for MVPC does not meet Federal requirements, this is not true. The trumpet alternative provided the least impact to cost, environmental and infrastructure. The only purpose of this ramp is to relieve the traffic problems in Andover with Gillette and Wyeth, not for development of the mall. Even with four lanes on Rt. 93 it will provide low service. Mr. Kelley stated that in his opinion the trumpet design is the best option. This option will be 800’ from Jennie’s Way. The other alternatives are about 400’. The Mills option is only 170’. Mr. Kelley stated that Mr. Hajec’s study was self serving. The Federal guidelines look at social equity. Mr. Kelley stated that he would like to propose a 6^th alternative to put a trumpet interchange on the Weens property. Mr. Kelley stated that Tewksbury should have been involved with this study from the beginning. There was only one public meeting in Methuen for input and this is wrong.

Susan Duffy of 37 Catamount Road – Ms. Duffy asked if the skating rink traffic trips were looked at. Mr. Hajec stated that the decision is based on the ITE model for a mall, which doesn’t break out the uses. Each mall is unique. Ms. Duffy stated that there are sixteen hockey teams that would play and that would be an estimated five hundred car trips a day. Ms. Duffy asked if parking spaces will be reserved for the ice rinks. Ms. Duffy asked if the fire and safety reports considered calls for an ice rink. Chief Donovan stated that he looked at crimes and service calls only. Chief Ryan stated that the information he collected was for malls. Mr. Donovan stated that the Planning Board determines the number of spaces. Mr. Sadwick stated that we could look at dedicating parking spaces in the Development Agreement.

Larry Knight of 16 David Street – Mr. Knight asked what type of calls would an ice rink generate. Chief Ryan stated that they would be included in the ten to twenty calls a year. Mr. Knight stated that should be looked at. Chief Ryan stated that with or without a rink, the number of ambulance calls wouldn’t change. Mr. Knight stated that he is concerned with the factors of a mall. Mr. Knight asked if there would be a satellite police station in the mall. Chief Donovan replied no, most of the service calls were for shop lifting and minor accidents. There was some burglary. The large malls do have satellite stations, but not in a mall this size. There would be random patrols at the mall at all times. Chief Donovan added that there is a satellite office at the South Fire Station if needed. Mr. Knight stated that there would be increased drug activity with a mall. Chief Donovan disagreed, there is more drug activity with a hotel/motel than a mall. Mr. Knight stated that this is going on a fast track and there should be more time.

Sean Saracky of 381 Whipple Road – Mr. Saracky stated that the I93 study modeling goes out to 2025 and would like interim years looked at like 2008.

Attorney Richard O’Neill – Attorney O’Neill stated that last night the Planning Board held a public hearing for the Master Plan with regards to the North St/Rte. 133 area and the Perkins property area. The Master Plan met for two years and then the Land Use Study Committee met. This Mills Study Committee was told to wait until the decision was made for this area. This happened last night. The Planning Board voted 4-1 that this area with the ramp should have one of the three uses in no particular order, Office/Research, Conference Center and Commercial/Retail. If the ramp does not happen, then it should be residential with hopes of an open space residential model being approved. Attorney O’Neill congratulated the Master Plan Committee and the Planning Board for there hard work. This area should stay with the Master Plan. Attorney O’Neill stated that three of the alternatives from MVPC provide access to local streets. One to South Street, one to Salem Road, and one to Rte. 125. The trumpet alternative would only provide access to Andover. Attorney O’Neill requested that Mr. Sadwick forward the recommendations of the Master Plan Committee.

Mr. Deackoff stated that in his opinion the Land Use Study Committee did not forward the correct recommendations. Mr. Deackoff stated that he is ashamed with the Planning Board and Master Plan Committee. The concept of the Master Plan is not being met. There was a lot of input from citizens that was lost during the process and final vote and the recommendation brought forward in his opinion were not the ones that should have. This committee should wait until Ms. Barrett on what a mall will do for this community.

Judy Fittery of 19 Bemis Circle – Ms. Fittery stated that there is a Mills mall that has 36 theaters and has safety issues been addressed for this. Chief Ryan stated that there will be a fire protection engineer hired to review the plans that will be submitted. There will be smoke detectors and sprinkler systems. Chief Donovan stated that there are no plans that have been showed to us that shows that many cinemas. Ms. Fittery stated that the loop option only has one way in and one way out. Living in the post 9/11 world there should be evacuation plans in place. Chief Donovan stated that he is concerned with access when there is flooding and if there were ever terrorist attacks.

Susan Duffy of 37 Catamount Road – Ms. Duffy asked if the Planning Board voted to accept the recommendations of the Land Use Study Committee. Mr. Sadwick stated that the action was to amend the Master Plan with the recommendations from the Land Use Study Committee. The Master Plan has an implementation phase. There is a draft article

10c. Wilmington/Andover Residents

Susan Sullivan, Wilmington Board of Selectmen – Ms. Sullivan thanked Chief Ryan for all the help that Tewksbury has given Wilmington. Ms. Sullivan asked what hat Mr. Hajec was wearing when he appeared before the Board of Selectmen. Mr. Hajec stated that he was there representing the MVPC as the Tewksbury traffic consultant. Ms. Sullivan asked why weren’t the cost analysis numbers given. Mr. Hajec replied he did not perform the numbers that they were from the VHB study. Ms. Sullivan stated that the Wilmington Board of Selectmen has no information. The Wilmington Planning Director will be commenting to the MVPC. Ms. Sullivan asked if this was a council or commission. Mr. Hajec stated that Wilmington is part of the Metro Area Planning Council and Andover is part of the MVPC. Mr. Hajec stated that the VHB report looked at four alternatives and Mills has requested that the Tewksbury Board of Selectmen vote to ask the MVPC to consider the 5^th alternative. Mr. Hajec stated that when he was introduced to the Wilmington Board of Selectmen he was introduced as the Tewksbury traffic consultant. The Wilmington Board of Selectmen asked the Merrimack Valley Economic Development Counsel (MVEDC) to attend their meeting to discuss the VHB study. They asked MVPC to appear, but no one could go, so Mr. Hajec went instead. Mr. Shaw asked if Mr. Hajec has done work with MVEDC before. Mr. Hajec replied no. Mr. Deackoff asked who has paid for Mr. Hajec’s services in front of the Wilmington Board of Selectmen. Mr. Hajec stated that he was told to submit his invoice to MVEC.

Michael Baker of Wilmington – Mr. Baker stated that he is a voting delegate to the Merrimack Valley Central Labor Group. Mr. Baker stated that he is concerned with the water quality and Rocco’s land fill. This mall is an opportunity to cap the landfill and this project would create jobs for three to four years for construction workers. There is currently 30% of the construction workers that are unemployed. Mr. Baker stated that he has talked to Tewksbury hockey parents and they would be thrilled with the prospect of ice surfaces that would be available. Mr. Baker stated that there will be jobs at the mall and the 5^th alternative is the best option because it doesn’t connect to local roads. Mr. Sears stated that Rocco’s land fill will not be capped as part of the mall project. Mr. Baker stated that he saw plans that showed a parking lot and ramp that would help in the mitigation for the land fill. Mr. Deackoff stated that teenagers typically do not work at the mall.

Susan Duffy of 37 Catamount Road – Ms. Duffy asked where these plans are because she would like a copy.

Jim Ecker of 1323 South Street – Mr. Ecker stated he lives on the Weens property. Mr. Ecker stated that he likes the loop alternative and he doesn’t see it affecting his quality of life. It is a good idea for an emergency access road in case of floods. Mr. Ecker stated that the 5^th alternative would alleviate traffic and with the ramp it would allow access for trucks to cap the land fill. Mr. Ecker stated that he is in favor of this.

Attorney Richard O’Neill – Attorney O’Neill stated that there are two separate parcels. There are no plans for Mills to develop the site for Rocco’s. Attorney O’Neill stated that he spoke with Mr. Baker and he was at a EPA meeting and there was some discussion of ramps and trucks to cap the land fill .

Al Fishlin of 120 Jennie’s Way – Mr. Fishlin stated that Representative Micelli is opposed to this. The towns of Weymouth and Air did not want this mall. Mr. Fishlin stated that they are still waiting on off-site traffic mitigation and we should wait for more information.

11. New Business

Mr. Shaw stated that there is no new business.

12. Old Business

13. Next Meeting

Mr. Shaw stated that the next meeting will be on February 3, 2004.

14. Adjournment

MOTION - Mr. Lambert made a motion to adjourn the meeting at 11:15 PM. The motion was seconded by Mr. Carter and unanimously voted 9-0.

Approved:

Michael Sitar, Clerk