Planning Board Meeting
December 20, 2004
Minutes
These minutes are not verbatim – they are the secretary’s interpretation of what took place at the meeting. – Open Meeting Law – Section III.
Board Members: Loring Tripp, III, Nicholas Filla, Malcolm MacGregor and Paul McAlduff. Larry Rosenblum arrived at 7:15 p.m.
Planning Board Alternate: William Keohan
Staff Members: Lee Hartmann and Valerie Massard
Recording Secretary: Eileen Hawthorne
Form A’s:
A 4129 – Map 36, Combine a portion of lot 1-9C (2,000 sf) with lot 1A-C to create lot 1A-D, remainder of lot 1-9C to become 1-9D.
Paul McAlduff moved for the clerk to sign the plan; the vote was unanimous (4-0).
A 4130 – Map 56, Subdivide Lot 15 into lot 15-1 and 15-2.
Malcolm MacGregor moved for the clerk to sign the plan; the vote was unanimous (4-0).
Lee Hartmann presented a revised plan for B521, Twilight Hills for Pacor, Inc. The Board had previously seen a preliminary subdivision plan and an RDD plan for 10 lots on Map 60, Lot 6 and Map 64, Lot 16. The revised plans are conceptual special permit plans for an RDD and Transfer of Development Rights. The conceptual plans show three residential lots with 4.87 acres of open space at the rear of Map 60, Lot 6. The three lots would range in size from .76 acres to 1.16 acres and share a common driveway located off Mountain Hill Drive. A second conceptual plan for Lots 4N-17 and 4N-15 and 4N-26 on Map 51 was also submitted. Each of these lots would be subdivided into two lots for a total of six lots with two additional houses. These lots would be created by transferring the development rights from Lot
6 on Map 60 into these sites.
Loring Tripp. III questioned whether there is proper for emergency access for Lot 6, Map 60.
Atty. Robert Betters replied that there was and that it could be documented for the Board.
Loring Tripp, III stated that the Board is interested in reviewing the proposal, which would allow for the creation of certificates for the transfer of development rights.
Atty. Betters stated that the applicant would return at a future date for a public hearing.
Lot Release – Pulte Homes, Inc.
Atty. Robert Betters requested a release of the lots remaining in Phase 8 of the Ponds at Plymouth Subdivision. Staff has been working with Ted Gowdy, of Pulte Homes to resolve the remaining issues of the subdivision. The proposed terms are as follows:
Phases 1-4 Road Completion and Bond Release: These roadways were not built by Pulte. They are approximately eighteen (18) years old, and no one has maintained them since they were originally constructed. Pulte will manage at its expense the remedial work required to bring these roadways up to a standard acceptable to the DPW director and the Planning Board for road acceptance by the Town, including but not limited to cleaning, inspecting and repairing the drainage system. Pulte proposes that the Town pay for the actual cost of this work from the funds held in the Road Maintenance Fund, subject to applicable bid and expenditure procedures.
Recreational Fields – All Phases: Many of these fields were constructed, but have not been maintained since that time. There does not appear to be any interest by the residents to have the fields rebuilt in their existing locations. Conditional upon resolution of the outstanding issues, Pulte will pay to the Town the sum of Four Hundred Eighty Thousand ($480,000.00) Dollars for the Town’s use to construct recreational fields elsewhere in Town, which amount represents the cost to reconstruct the fields, as estimated by the Town’s consulting engineer. The payment will be apportioned amount the subdivision phases, and 50% of the apportioned amount will be paid upon release of each respective phase’s surety bond, and the remaining 50% paid upon acceptance of the roads as public ways by the Town of
Plymouth in each phase.
Phase 8 Lot Release: The Planning Board shall approve and execute the Instrument of Release of Covenant for the balance of the Phase 8 lots prior to December 31, 2004.
Surety Bond Reduction: The Planning Board shall approve the reduction of the surety bonds in all phases to the estimated value of the remaining road construction work, plus a standard contingency.
Phases 5, 6, and 7 Road Completion and Bond Release: Pulte has received a final punchlist from the Town for the roads in Phases 5, 6, and 7. Pulte intends to complete this punchlist in the Spring of 2005, and thereafter the Town shall proceed expeditiously to inspect and release the bonds for those phases.
All Phases: Planning Staff and the Planning Board shall assist in proceeding with and promoting all steps necessary to have each phase’s roads accepted as public ways at Town Meeting in a timely fashion after the release of the surety bonds for each respective phase.
Lee Hartmann stated that a public hearing will be held at a future date to decide the expenditure of the $480,000 for the recreation fields.
Nicholas Filla moved to release the following lots subject to the above-mentioned conditions:
5-51, 5-57 through 5-70, 5-75 through 5-77, 980-984, 992, 993, 993A, 1002, 1003, and 1003A.
The vote was (4-0) with Larry Rosenblum in abstention as he arrived midway through the discussion.
Loring Tripp, III requested that the school department, police department and DPW also be notified of the public hearing.
Site Plan Review
Robert J Way
Don Bracken presented a site plan for the construction of an office/garage building on Robert J. Way.
Nicholas Filla moved to approve site plan subject to the following:
The applicant has agreed to add two (2) Norway Maples and four (4) Eastern White Pine to the landscape plan.
The applicant should install a berm within the landscape island at the front of the lot to create more visual interest. Cut-outs in the sidewalk to allow for plantings along the face of the building are recommended. Plantings and landscaping are recommended in the area abandoned by the paper street as a condition of this modification when it is requested. It may be necessary to abandon the paper cul-de-sac to incorporate a berm into the landscaping.
Prior to issuance of an occupancy permit a Registered Professional Engineer must certify that the drainage system, drive ways, curbing and parking areas have been installed according to accepted practices and in compliance with the Zoning By-law and the approved site plan.
Compliance with ADA requirements must be documented.
Lighting is to comply with the Light Pollution Bylaw. Light poles should not exceed twelve feet in height.
The vote was unanimous (5-0).
Public Hearing: B437, Pinehills LLC
Modification of Boulder Ridge/Great Kame
Loring Tripp, III read the public hearing notice and opened the public hearing.
Deborah Sedares presented the modification of the subdivision plan approved in 2003. The modification creates two additional residential lots.
Malcolm MacGregor moved to close the public hearing; the vote was unanimous (5-0).
Malcolm MacGregor moved to approve the modification subject to all conditions listed in the approval for the Master Plan Special Permit and the applicable Planning Board covenant with respect to this subdivision is extended for two (2) years.
The vote was unanimous (5-0).
Public Hearing (cont.): B516, Gunning Point Gunning Point Road/VOSD
Atty. Bill Landry reviewed the revised plan for eight lots off Gunning Point Road. The revised plan shows the extent of the wetlands, flood plains, easement areas and buildable areas. Atty. Landry stated that the applicant would be requesting an RDA from the Conservation Commission. Atty. Landry also stated that the road access issues will be addressed in the definitive plan.
Leonard Bradley, DiPrete Engineering stated that he has not yet reviewed Earth Tech’s comments.
Bill LaPierre informed the Board that the applicant has not addressed the neighborhood’s concerns. A VOSD is supposed to enhance the area. Mr. LaPierre feels that this plan would overtax the roads and stress the utilities in the area..
Jack Dill, 29 Gunning Point Road, was concerned whether the development meets the VOSD requirements.
Nicholas Filla moved to continue the public hearing to January 24, 2005 at 7:15 p.m.
Larry Rosenblum amended the motion to continue the public hearing to January 31, 2005 at 7:15 p.m. at the request of Mr. Dill to be present at the continued public hearing; the vote was unanimous (5-0).
Public Hearing (cont.): B505, Pickerel Cove
SP VOSD/Adequate Facilities/Off Persistence Cove
Atty. Edward Angley began the presentation of a revised plan for a 35 lot VOSD subdivision with 30 acres of open space off Persistence Cove. The applicant has been negotiating with Wildlands Trust to acquire the open space. The previous plan was for a 54 lot subdivision with access through Little Herring Pond Road.
Don Bracken, Bracken Engineering, reviewed the proposed access way off Persistence Cove. Mr. Bracken stated that the plans show typical layout for homes, driveway and on site septic systems; the utilities would be underground including drainage systems; and water would be provided by Plymouth Water Company. The landscaping plan provides for street trees every 50’ and landscaped cul de sacs. The applicant would also be willing to install landscaping on the Persistence Cove cul de sac. Emergency access would be between the proposed lots 1313 and 1314. A 20‘ buffer along existing cart path would be provided. Hydrants would be installed as required by regulations, and the applicant will incorporate Design Review Board’s comments into the plans.
Lee Hartmann informed the Board that there have been some concerns regarding access through Persistence Cove. Mr. Hartmann suggested that the cul de sac plantings and proposed common driveways need to be reviewed. Mr. Hartmann also stated that the applicant will have to address the Fire Chief’s comments and provide a traffic study. The previous 51 lot development with through access to Little Herring Pond Road has been reduced to 35 lots.
John Witteson, representing the several neighbors on Persistence Cove, stated that they are opposed to access off their cul de sac. Mr. Witteson suggested that the applicant use Beatrice Avenue for access to the proposed subdivision and Persistence Cove for emergency access or a dual access through Persistence Cove and Beatrice Avenue.
Dennis White, 39 Little Herring Pond Road, stated that he is opposed to access through Little Herring Pond Road. Mr. White suggested that the applicant erect a stone wall at the end of the cul de sac to block access to Little Herring Pond Road. Mr. White suggested that the proposed 20’ buffer be extended along lot 1316 and that the emergency access be aligned with the existing emergency access for the Ponds At Plymouth.
Tim Hassett-Salley, Little Herring Pond Road, requested a permanent barrier along with improved vegetation along Little Herring Pond Road.
Don Bracken replied that stones or a barrier erected in a natural way could be installed to prevent use of the cart path. Mr. Bracken stated that the emergency access was located so it would not be more than 500’ from the end of the cul de sac.
Loring Tripp, III requested photos of the cart path area.
Nicholas Filla requested that the cul de sac be separated from the cart path by an open space buffer, that lots 326 and 327 filling plan show an S curve, and that the landscape area in the Persistence Cove cul de sac be shaped in an oval. Mr. Filla suggested that a common driveway could be used for lots 1306 and 1307 and that the applicant consider splitting the access between Persistence Cove and Beatrice Avenue.
Malcolm MacGregor suggested using a T configuration with some access off Beatrice Avenue.
Don Bracken stated that the applicant was trying to avoid access through the open space lot off Beatrice Avenue.
Loring Tripp, III suggested providing access for 13 to 14 lots off Persistence Cove and the remainder off Beatrice Avenue. This may eliminate the need to provide a separate emergency access.
Atty. Angley agreed to look at designing a dual access.
Larry Rosenblum suggested decreasing the density of the project.
Nicholas Filla moved to continue the public hearing to January 24, 2005 at 7:15 p.m.; the vote was unanimous (5-0).
The Board took a five minute recess.
Spring Annual Town Meeting Articles:
Nicholas Filla moved to continue the pubic hearings for all Spring Town Meeting articles for at least two more public hearings to allow for increased public input; the vote was unanimous (5-0).
Amend TDR/DDRA/RRRA
Loring Tripp, III read the public hearing notice and opened the public hearing.
Lee Hartmann stated that the article was drafted to expand the zones in which the bylaw would apply.
Atty. Richard Serkey summarized the previous Town Meeting approval of the TDR bylaw. The purpose of this article is to allow for residential receiving parcels to be located in zones other than the Rural Residential (RR) district and to allow for non-residential uses in certain parcels in the receiving districts.
Judith Kohn, A. D. Makepeace, reviewed the Makepeace land holdings in the Town of Plymouth. Their primary focus on development at this time is the Wareham Road core parcel. Another potential receiving area is the waterfront district - Cordage Park area. The first pilot residential project would transfer development rights in to the Wareham Road area. Makepeace is considering two locations, one off Sandy Pond Road on the Wareham border and one off Wareham Road, west of the power lines. Makepeace has hired traffic and wastewater treatment consultants prior to undertaking the MEPA filing early next year. Makepeace plans to present a commercial retail and multifamily residential use adjacent to Wareham Road and a potential connector road from Bourne Road to Wareham Road.
Lee Hartmann stated that the process would be three tiered. The first step is to begin the pilot TDR program; second to identify receiving areas beyond the Rural Residential district and to create new zoning for the rural village center.
Loring Tripp, III agreed that it is important to define the details. Mr. Tripp questioned whether Makepeace has reviewed the impact the TDR would have on the Cordage area, what’s allowable on the waterfront district, and what type of housing and density is being considered.
Ms. Kohn replied that Makepeace will be working with the owners of Cordage to address the specific issues.
Nicholas Filla suggested that the Planning Board should define general standards for all areas and not address one specific area. This would allow for more flexibility. Mr. Filla was concerned with the traffic in the Cordage area. He suggested that it should exclude the R25 and R40 zones but include the commercial areas and the mixed commerce areas. Malcolm MacGregor agreed.
Larry Rosenblum suggested that a major opportunity for a receiving area could be the area closest to Kingston and the new intersection off Commerce Way. Currently no residential uses exist in that area and it has a great potential for growth. Mr. Rosenblum felt it would be prudent to initiate a dialogue with the Kingston Planning Board. Mr. Rosenblum also felt that the Board should consider the Rte 195 corridor.
Paul McAlduff was in favor of applying the TDR to the Cordage area, but had some concerns with using the Colony Place area.
Mr. Hartmann was concerned with the minor supply of commercial and industrial land in the Town. It is a precious commodity and changing it to residential may be detrimental.
Mr. Tripp, stated that the initial gain for commercial property is significant, but residential growth will increase simultaneously for the workers that want to live closer to their workplace.
The Board agreed to continue working with Makepeace and to have a workshop to continue working on the details of the proposed TDR.
Nicholas Filla moved to continue the public hearing to January 3, 2005 at 7:30 p.m.; the vote was unanimous (5-0).
Amend Inclusionary Housing and Home Rule Petition
Loring Tripp, III read the public hearing notice and opened the public hearing.
Lee Hartmann reminded the Board that the inclusionary bylaw was drafted prior to the October Town Meeting and withdrawn before Town Meeting began. Several developers were concerned with the mandatory requirements proposed. The developers were not opposed to adding one unit designated as affordable to the number of units that would normally be allowed. For example if ten lots were allowed, one unit would be added for affordable housing, making the project a total of eleven units. A revised c copy of the language was handed out to the Board. The revised language removes the minimum number of lots created.
Atty. Robert Betters stated that he has submitted additional language that would address off site affordable units. He suggests that it should be more discretionary. Atty. Betters suggested that it may be more appropriate as part of the special permit process. He also suggested that onsite and offsite requirements for affordable housing units should be the same. Atty. Betters requested that the definitions under section 205-3 be incorporated into section 205-71, Inclusionary Housing.
Nicholas Filla suggested making the definitions section B and moving each section back one letter.
Paul McAlduff asked if it would be possible for the developer to be reimbursed from the Community Preservation Act if the developer is losing money.
Nicholas Filla stated that the developer can apply to CPC now, but that is not under the purview of the Planning Board. Mr. Filla also suggested that the League of Women Voters and the Affordable Housing Committee should be invited to the next meeting for their input on the proposed inclusionary bylaw.
Loring Tripp, III suggested that the 10 percent may be excessive, it would be a drain on services. Mr. Tripp suggested that the language regarding the 10 percent should be changed from “shall” to “may”.
Nicholas Filla suggested that the proposed bylaw could be changed to read “shall include between 5 to 10 percent”.
Nicholas Filla moved to continue the public hearing to January 3, 2005 at 7:45 p.m.; the vote was unanimous (5-0).
Amend Building Permit Limitations
Loring Tripp, III read the public hearing notice and opened the public hearing.
Lee Hartmann stated that the sunset clause regarding building permit limitations is due to expire at the Spring Town Meeting. Mr. Hartmann informed the Board that in August of 2004, the Massachusetts Supreme Judicial Court ruled that Hadley's Building Limitation Bylaw is invalid because it did not include a sunset provision. The decision also includes two important points worth noting:
The Town of Hadley did not adopt many of the measures recommended in the various planning studies completed by the town.
Fifteen (15) years is "more than ample time" to adopt programs and other zoning measures to preserve its agricultural resources and character of the community.
It is important to note that this decision recognizes a community's need to provide "breathing room" for the purposes of growth planning and resource problem solving and to enact zoning bylaw changes.
Plymouth has adopted many measures to address smart growth: a revised master plan, Downtown Village Center/Waterfront Area Master Plan, affordable housing plan, and the open space and recreation plan. Additional long term planning tasks that are planned or underway include preparation of a Town wide transportation plan, completion of the up-date of the Municipal Water Supply Master Plan, Gravel Road Plan, and a School Facility Plan. The Planning Board and other Town departments will be presenting a number of initiatives to future Town Meetings, i.e. affordable housing initiatives, refinements to the Transfer of Development Rights Bylaw, up-date Plymouth’s 20 year old zoning bylaw, aquifer protection mapping, impact fee bylaw implementation, new school construction, and road/pedestrian enhancement programs.
Loring Tripp, III stated that Hadley, MA did not have the number of exemptions that the Town of Plymouth has. The majority of our development is through smart growth initiative. The number of building permits was reduced at a previous Town Meeting from 180 to 155. Mr. Tripp suggested extending the sunset provision for a five-year period.
Nicholas Filla requested a chart of how many building permits have been issued this year for the next meeting.
Mr. Filla moved to continue the public hearing to January 3, 2004 at 8:00 p.m.; the vote was unanimous (5-0).
Amend OSMUD
Loring Tripp, III read the public hearing notice and opened the public hearing.
Atty. Robert Betters informed the Board that he has petitioned Town meeting to present the following two amendments to the OSMUD: to allow for one service station in the commercial section of the development subject to all applicable state and local permits and bylaws and to amend Section 205-63 - Limited Occupancy Communities (LOC) to allow for 20 percent of the total number of LOC dwelling units to have more than three bedrooms.
Malcolm MacGregor questioned where the service station would be located.
Atty. Betters replied that it would be near the Fire Station.
Mr. MacGregor requested the pumps be located behind the service station building instead of in front.
Tony Green stated that Pinehills LLC would be willing to consider Mr. MacGregor’s suggestion and that they will create a sensitive design, but would like to keep the design options open.
Lee Hartmann stated that the service station would require a special permit from the Zoning Board of Appeals and he questioned the size of the station.
Larry Rosenblum suggested that the applicant consider the growth of the entire project and design the service station accordingly.
Nicholas Filla preferred to see the design done in stages starting small and amending later if necessary.
Paul McAlduff was concerned that the design meet all fire safety and State regulations.
Loring Tripp, III stated that the service station would be subject to a special permit.
Atty. Betters was concerned that a special permit can be appealed. He suggested submitting a site plan with more restrictions than normally required.
Lee Hartmann began the discussion regarding the increase in bedrooms for the LOC stating that there is a need for larger units and the Board may want to redefine the number of bedrooms allowed. The proposed change ties the increase to a percentage of total units and would allow dwelling units within the neighborhood green district that contain three bedrooms or less, not to require the master bedroom on the first floor.
Tony Green stated that a number of potential buyers not being accommodated with the current bedroom restrictions. Some buyers want all bedrooms on one level and some want more than three bedrooms. Mr. Green also informed the Board that of the twenty children currently residing in the Pinehills Development, only two attend Plymouth schools
Michael Goodman, has found that there is little correlation with the size of house and number of children. Most of his clients are requesting five bedrooms
Loring Tripp, III felt that allowing 20 percent to have increased bedroom counts might be excessive. He was concerned with the rate of growth of the Pinehills Development and the affect it will have on the Town’s ability to meet the growth of affordable housing.
Malcolm MacGregor suggested phasing in the 20 percent.
Nihcolas Filla moved to continue the public hearing to January 3, 2004, at 8:15 p.m.; the vote was unanimous (5-0).
Amend General Commercial
Loring Tripp, III read the public hearing notice and opened the public hearing.
Atty. Robert Betters presented a petitioned article on behalf of Commerce Park LLC to allow a special permit for multi family housing within a planned shopping center. The site is in the West Plymouth General Commercial District. The housing would not exceed 20 % of the total gross floor area allowed for any planned shopping center. Current requirements allow for multi-family housing to be included in an existing commercial building. Atty. Betters stated that he has not met with the West Plymouth Steering Committee yet, he wanted to get feedback from the Board first.
Nicholas Filla suggested allowing this type of special permit in all village centers.
Loring Tripp, III questioned what would be the allowable density as it stands now and what would be the allowable density under a special permit.
Lee Hartmann replied that if the structure exists, the second and third floor can be used for residential purposes and that very few existing buildings would qualify. Mr. Hartmann was concerned with depleting the limited amount of commercial land in Plymouth.
Loring Tripp, III stated that transferring density from a rural area into a project of multifamily units looks attractive.
Nicholas Filla suggested requiring that 50 percent of the units within a planned shopping center have to be from a TDR, with 25% designated as affordable housing.
Loring Tripp, III suggested that he applicant submit density calculations for different scenarios.
Atty. Edward Angley suggested restricting the units to two bedrooms. This would create a market for young adults that are moving out of Town because they can’t find affordable housing. Atty. Angley was concerned with mandating TDR’s.
The Board was interested in reviewing the concept further.
Nicholas Filla moved to continue to January 3, 2004, at 8:30 p.m.; the vote was unanimous (5-0).
Amend Vehicular Related Uses
Loring Tripp, III read the public hearing notice and opened the public hearing.
Atty. Edward Angley presented a petitioned article to amend Section 205-55 Mixed Commercial in the Zoning Bylaws to include the following under Special Permit Uses Subject to Environmental Design Conditions by adding a new #9:
9. Vehicular-related uses, including new and used automobile sales and auto rentals provided that any outdoor service or repair areas shall be screened from public ways by walls, fences, and/or evergreen vegetation and further provided that such use be located on a lot containing at least three acres of land and 400 feet of frontage.
The proposed use car lot is in a mixed commercial area, on a three-acre site with 400 feet of frontage on an approved road on the Kingston/Plymouth line. No services would be required by the Town of Plymouth.
Lee Hartmann stated that through the years, a number of different proposals have been submitted for this site and that this was a reasonable use for this site.
Malcolm MacGregor requested that a substantial buffer (200 feet) from the highway be provided.
Atty. Angley stated that this site needs to be visible to the highway.
Lee Hartmann suggested that the Board could require extensive landscaping.
Paul McAlduff felt that this was a proper use for this land.
Loring Tripp, III was concerned with differentiating this site from the Kingston look. Mr. Tripp felt that the Board should require high design, landscaping, signage and lighting standards needed.
Atty. Angley agreed.
Nicholas Filla moved to continue the public hearing to January 3, 2004 at 8:45 p.m.; the vote was unanimous (5-0).
Rezone Map 76, Lot 10C
Loring Tripp, III read the public hearing notice and opened the public hearing.
Randy Parker presented a petitioned article to rezone a portion of Map 76, Lot 10C from Rural Residential to R-25. Pinehills Village on Beaver Dam Road consists of 156 units on 22.5 acres. The rezoning of this portion would allow the applicants to add 24 units, build a sewage treatment plant, replace retaining walls, repave parking lots, and rehab existing buildings. Any land unused would be deeded to the Town.
Lee Hartmann stated that the VOSD bylaw could be applicable for this site but that a special permit from the Zoning Board of Appeals may be applicable as it is currently a nonconforming use.
Loring Tripp, III suggested deed restricting some of the new units as affordable housing.
Randy Parker suggested continuing the dialogue.
Nicholas Filla moved to continue the public hearing to January 3, 2004, at 9:00 p.m.; the vote was unanimous (5-0).
Paul McAlduff moved to reorganize the Board; the vote was (1-4) with Paul McAlduff in favor.
Minutes:
Minutes of November 22, 2004
Minutes of December 6, 2004
Nicholas Filla moved to approve the minutes of November 22, 2004 and December 6, 2004 (with the addition of William Keohan to those in attendance); the vote was (4-0) with Malcolm MacGregor in abstention as he was not present.
Administrative:
B304 - Chilton Park Lot Release
Nicholas Filla moved to release lots 11-23,11-24, and 11-25; the vote was unanimous (5-0).
Malcolm MacGregor moved to nominate Loring Tripp, III as the Planning Board’s representative to the Community Preservation Committee; the vote was unanimous (5-0). The vacancy was created by the resignation of Rebecca Hall. The Board wished Ms. Hall well in her new endeavors and thanked her for her dedication and hard work on behalf of the Town.
The Board adjourned at 11:50 p.m.
Respectfully Submitted,
Eileen M. Hawthorne
Administrative Assistant Approved:_______________
| 
