Skip Navigation
This table is used for column layout.
Planning Board Minutes January 3, 2005
Planning Board Meeting
January 3, 2005
Minutes of the Meeting

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, Larry Rosenblum, and Paul McAlduff.
Planning Board Alternate: William Keohan
Staff Members: Lee Hartmann.  Valerie Massard was not present
Recording Secretary: Michelle Turner

Administrative:
B498 – Milt’s Way.  The applicant has requested a bond release for work completed in the Milt’s Way subdivision.  Mr. Hartmann suggested that the Board release $25,175 of the $27,875 currently being held in a passbook account and retain $2,700 plus interest until Spring in order to insure that the grass germinates.
Malcolm MacGregor moved to release $25,175; the vote was unanimous (5-0).

Form A’s:
A4131 – Map 101, Lot 53E, Armstrong Road Extension – Subdivide lot 53E into lots 53G (7.16 acres) and 53H (7.83 acres)
Paul McAlduff moved for the clerk to sign the plan; the vote was unanimous (5-0).

Minutes of December 20, 2004
Malcolm MacGregor moved to approve the minutes of December 20, 2004 as presented; the vote was unanimous (5-0).

 Mr. Hartmann informed the Board that the State is still offering the Challenge Grant to the Town.  The Selectmen are in support of applying the $1.8 million to the acquisition of A. D. Makepeace land.

Home Rule Petition
Mr. Hartmann reviewed the language for a Home Rule Petition regarding inclusionary housing.  The petition would allow for Town’s that adopt an inclusionary housing bylaw to be exempt from the requirements of Chapter 40B.
Nicholas Filla moved to recommend approval of the petition at Spring Town meeting; the vote was unanimous (5-0).

Mr. Hartmann reviewed the statistics regarding the building permits for the year.  The number of building permits is increasing each year mostly due to the construction in the Pinehills.  If the Pinehills is removed from the number of permits, the number of permits for single family homes issued actually has decreased.  

Spring Annual Town Meeting Articles:

Amend TDR/DDRA/RRRA
Paul McAlduff spoke with several developers who would like to be present for this discussion but were unable to attend this meeting.  They are in support of the amendment and would like to be present for discussion at the next meeting.
The Board discussed the merits of the transfer of development rights, the commercial mixed use development and the rural residential receiving areas.  
Larry Rosenblum requested that model scenarios for the impact on residential and commercial areas and access be developed.  
Nicholas Filla suggested that the commercial and residential areas need to be addressed separately.
Larry Rosenblum suggested that the Board look at the internal (the aesthetics and function) as well as, the external access impacts.

Atty. Richard Serkey stated that in helping to draft the bylaw, he would separate out TDR, CMUD and the residential component.  Atty. Serkey looked forward to meet with RKG and encouraged the Board to continue working with Makepeace.
Loring Tripp, III requested that staff compile an outline of the traffic, environmental, water, wastewater, etc. impacts for each proposed bylaw section.  

Nicholas Filla moved to continue the public hearings (with the exception of the OSMUD public hearing) to January 13, 2005 at 7:00 p.m.; the vote was unanimous (5-0).  

Amend Inclusionary Housing and Home Rule Petition                       
The Board reviewed the following language for the proposed inclusionary bylaw:
The bylaw as revised now requires that 10% of the units in a development are affordable BUT the affordable units are added to the number of units that would normally be permitted.
The Board also asked staff to look into establishing a unit conversion based on bedrooms.  However, the current draft as well as the special permit process allows the Board to negotiate such changes.
PROPOSED AMENDMENT:
Insert the following text:
Section 205-71 Inclusionary Housing
A)      PURPOSE AND INTENT
B)      DEFINITIONS
C)      PROCEDURES
D)      ADMINISTRATION
Purpose and intent.
The purpose of this Section of the Bylaw is to promote the public welfare by promoting the development and availability of housing affordable to a broad range of households with varying income levels within the Town of Plymouth, and to outline and implement a coherent set of policies and objectives for the development of affordable housing which will satisfy the Town’s obligations under Massachusetts General Laws (M.G.L.) Chapter 40B Sections 20-24, its regulations, or any amendments thereto, and which will be consistent with the Refined Village Centers Plan, as well as any Affordable Housing Plan and/or Comprehensive Master Plan for the Town as may be adopted from time to time.
It is intended that the Affordable Units that result from this Section of the Bylaw be considered as Local Initiative Program (LIP) dwelling units in compliance with the requirements for the same as specified by the Massachusetts Department of Housing and Community Development (MHDC), and that said units count toward the Town’s requirements under Massachusetts General Law Chapter 40B, Sections 20-24, its regulations, or any amendments thereto.
B. Definitions.
Affordable Unit – A dwelling unit constructed per the requirements of Section 205-71 of the Bylaw which meets the following conditions:
1.      In a project in which Affordable Units will be rented, a unit shall be considered an Affordable Unit if:
a.      It is rented to an eligible LOW or MODERATE INCOME HOUSEHOLD; and
b.      It is made available at a cost including rent, insurance and tenant-paid utilities of no more than 30% of gross household income of households at LOW OR MODERATE HOUSEHOLD INCOME LEVELS.
c.      The Massachusetts Department of Housing and Community Development (DHCD) regulations and guidelines for qualification of the Affordable Units towards meeting the requirements under Chapter 40B of the Massachusetts General Laws, its regulations, or any amendments thereto, including maximum rents and sale price, will be followed in order to enable the Town to qualify the dwelling units created under Section 205-71 of the Bylaw towards the Town’s subsidized housing inventory.
2.      In a project in which Affordable Units will be sold, a unit shall be considered an Affordable Unit if:
a.      It is sold to an eligible LOW or MODERATE HOUSEHOLD INCOME; and
b.      It is made available at a cost including mortgage interest, principal, taxes, insurance and common charges of no more than 30% of gross household income of LOW OR MODERATE HOUSEHOLD INCOME LEVELS.
c.      The Massachusetts Department of Housing and Community Development (DHCD) regulations and guidelines for qualification of the Affordable Units towards meeting the requirements under Chapter 40B of the Massachusetts General Laws, its regulations, or any amendments thereto, including maximum rents and sale price, will be followed in order to enable the Town to qualify the dwelling units created under Section 205-71 of the Bylaw towards the Town’s subsidized housing inventory.
household Income, Low -- a combined household income which is less than or equal to 50% of MEDIAN HOUSEHOLD INCOME or any other limit established under Chapter 40B, its regulations or any amendment thereto.
household Income, median -- the median income, adjusted for household size, as reported by the most recent information from, or calculated from regulations promulgated by, the United States Department of Housing and Urban Development (HUD), pursuant to Section 8 of the Housing Act of 1937, as amended by the Housing and Community Development Act of 1974, and/or the Commonwealth’s Local Initiative Program and/or any successor federal or state program.
household Income, moderate -- a combined household income which is less than or equal to 80% of MEDIAN HOUSEHOLD INCOME or any other limit established under M.G.L. Chapter 40B, its regulations or any amendment thereto.

Housing Trust -- An account established by: (a) the Town for the specific purpose of creating affordable housing, or (b) a housing trust or community development corporation designated by the Town and created under the laws of the Commonwealth of Massachusetts; for the specific purpose of creating affordable housing, including use of the funds for the purchase of land or units, or the development of new or rehabilitation of existing dwelling units for low or moderate income housing occupants.
Market Rate Unit – a dwelling unit in a residential or mixed-use development that is not restricted in terms of price or rent.
Project – any residential development, including the subdivision of land, pursuant to M.G.L. Chapter 41 Section 81-U, which results in the construction of new dwelling units within the Town of Plymouth as defined in Paragraph B(1) of Section 205-71 of the Bylaw.
Rural Service Area – As defined in Section 205-37 of the Bylaw.
Village Service Area – As defined in Section 205-37 of the Bylaw.  
Procedures.
Applicability.  In all zoning districts, a special permit from the Special Permit Granting Authority pursuant to the provisions of this Section shall be required for the following uses:
any residential use  of land that requires a special permit and results in any net increase of six (6) or more dwelling units, whether on one or more contiguous parcels, and whether by new construction or by the alteration, expansion, reconstruction or change of existing residential or non-residential space; and
a residential subdivision of land into six (6) or more lots for residential use pursuant to M.G.L. Chapter 41 81-U; and
any development of less than six (6) dwelling units or less than six (6) lots is eligible for this Special Permit on a voluntary basis.
The requirements of this Section are applicable to lots within a tract of land in whole or in part.  For purposes of this section, a tract of land shall mean a single parcel or lot or a set of contiguous parcels or lots which were held in common ownership on (INSERT DATE OF TOWN MEETING ACTION), or on any date subsequent thereto.
Local Preference.  The Special Permit Granting Authority shall require the applicant to comply with local preference requirements, if any, as established by the Board of Selectmen.
Affordable Units Required.
Requirement. All Projects shall include the number of Affordable Units required under this Section of the Bylaw.  No application for uses noted in Section (C)(1) shall be approved, nor shall any such Project be constructed, without compliance with this Section of the Bylaw.
Exemptions. This Section of the Bylaw shall not apply to the reconstruction of any Dwelling Units that were destroyed by fire, flood, earthquake or other act of nature, or a project of less than six (6) dwelling units.
Information in Application. Applications for Projects shall include the following information, in addition to information otherwise required under the Bylaw:
The location, structure, proposed tenure (rental or ownership) and size of the proposed Market Rate and Affordable Units;
The calculations used to determine the number of required Affordable Units;
A floor plan or site plan depicting the location of the Affordable Units;
The income level targets for each Affordable Unit;
The mechanisms that will be used to assure that the Affordable Units remain affordable for the required term;
for phased developments, a phasing plan;
a description of any requested incentives as allowed in Paragraph C(9);
a marketing plan for the process by which qualified households will be reviewed and selected to either purchase or rent affordable units, consistent with the Local Initiative Plan requirements of the Massachusetts Department of Housing and Community Development; and
Any other information requested by the Special Permit Granting Authority.
Number of Affordable Units.
Basic Requirement. The required number of Affordable Units included in a Project shall depend upon the total number of Dwelling Units in the Project. The Developer of the Project may choose which type of Affordable Units to include.
Once the total number of Dwelling Units is established within a Project, based on the underlying zoning regulations and/or applicable subdivision rules and regulations (the “By-Right Dwelling Units”), there shall be added to and included within Rental Projects or Ownership Projects an additional number of Affordable Units consisting of not less than five (5) percent and not more than Ten (10) percent of the By-Right Dwelling Units  The Planning Board and the applicant can mutually agree upon a number that the Basic Requirement number.
The Special Permit Granting Authority shall have the authority as part of the Special Permit provided in this Section to waive the dimensional, intensity and other applicable regulations of the Zoning Bylaw to implement the creation of the Affordable Units required herein.
Fractional Units. When the application of the percentages specified above results in a number that includes a fraction, the fraction shall be rounded up to the next whole number if the fraction is 0.7 or more. If the result includes a fraction below 0.7, the Developer shall have the option of rounding up to the next whole number and providing the Affordable Unit on-site.  
Blended Targeted Income Levels. The Developer may request that the project include Affordable Units that are targeted to a mix of income levels (Moderate and Low) instead of just to one income level. The final decision regarding the mix of targeted income levels shall be made by the Special Permit Granting Authority pursuant to Paragraph D.
Unit Mix. The unit mix (i.e. the number of bedrooms per unit) of the Affordable Units shall be in the same proportion as the unit mix of the market rate units. For example, if a project has 10 two-bedroom units and 20 one-bedroom units and is required to include 3 Affordable Units, then the Affordable Units must consist of 1 two-bedroom unit and 2 one-bedroom units. If only one Affordable Unit is required and the other units in the project have various numbers of bedrooms, the Developer may select the number of bedrooms for that unit. If Affordable Units cannot mathematically be exactly proportioned in accordance with the Market Rate Units, the unit mix shall be determined by the Special Permit Granting Authority pursuant to Paragraph D.
Location of Affordable Units. Except as provided in Paragraph C(5) Alternatives, all Affordable Units shall be built on the same site as the remainder of the project.
Replacement Units. If a proposed residential project would result in the demolition or elimination of existing dwelling units that have (or within the twelve months prior to submittal of the application had) rent levels affordable to Low-Income Households, and these dwelling units were built less than 30 years ago, and these dwelling units did have an affordable deed-restriction, the affordable dwelling units must be replaced on a one-for-one basis affordable to Low-Income Households under the provisions of this Section of the Bylaw. If the number of required Affordable Units is less than the number of low-income units being eliminated, then Developer shall include a number of Affordable Units affordable to Low Income Households in an amount equal to the number of low-income units being eliminated.
Alternatives.
The Developer may propose an alternative means of compliance with this Section of the Bylaw instead of provision of on-site Affordable Units.
Off-Site Construction of Affordable Units. Affordable Units may be constructed off-site upon a determination by the Special Permit Granting Authority that on-site construction is infeasible, or that on-site construction is not in the best interests of the Town, or that off-site construction would be more advantageous, as demonstrated to the satisfaction of the Special Permit Granting Authority by the proponent. If this option is chosen, then the off-site Affordable Units must be constructed prior to or concurrently with construction of the on-site project. The Affordable Unit size must meet the same requirements as if the Affordable Units were constructed on-site.  No Certificate of Occupancy will be issued for any corresponding Market Rate Unit prior to Affordable Unit construction completion.
Land Dedication.
The Special Permit Granting Authority may, in its sole discretion, only upon a determination by the Special Permit Granting Authority that construction of the affordable units per Paragraph C(4) or Paragraph C(5)a is infeasible and/or is not in the best interest of the Town, determine that, in lieu of building Affordable Units, the Developer may offer to the Town of Plymouth land within the Town of Plymouth, and the Special Permit Granting Authority, in concert with the Board of Selectmen, may recommend to Town Meeting to accept, donations of land in fee simple, on or off-site, that the Special Permit Granting Authority determines is suitable for the construction of at least the number of Affordable Units otherwise required per Section C(4).  Providing that Town Meeting accepts said land, the developer will not have to build the Affordable Units otherwise required under this Section of the Bylaw.  
Credit for Additional Affordable Units.
If the Developer completes construction of a greater number of Affordable Units in the project than required by this Section of the Bylaw, the additional units may be credited toward meeting the requirements of this Section of the Bylaw by a future project. Upon completion of the additional Affordable Units, the Special Permit Granting Authority shall issue a Certificate of Affordable Unit Credit documenting the credits. The Developer may use the credits in a future project or transfer the credits in writing to another developer. Credits will only be counted toward required Affordable Units with the same bedroom count, the same tenure (rental or ownership), and equivalent affordability targets. The Credits must be used within ten (10) years of issuance. Projects which have obtained a Density Bonus or which are government-subsidized shall not be eligible for credits.
Affordable Unit Standards
Design. Affordable Units must be dispersed throughout a Project and be comparable in construction quality and exterior design to the Market Rate Units. The Affordable Units must have access to all on-site amenities.
Timing. All Affordable Units must be constructed and occupied concurrently with or prior to the construction and occupancy of Market Rate Units or development. In phased developments, Affordable Units may be constructed and occupied in proportion to the number of units in each phase of the Project.
Terms of Affordability. Rental Affordable Units must remain affordable in perpetuity, as documented through an affordable housing agreement recorded against the property per Paragraph C(8). Ownership Affordable Units must remain affordable  in perpetuity pursuant to an affordable housing agreement recorded against the property per Paragraph C(8).
Inclusionary Housing Agreement
Agreements Required. Applications for Projects shall be approved only concurrently with the approval of an Inclusionary Housing Agreement pursuant to this Section.
Approval. An Inclusionary Housing Agreement between the Developer and the Town of Plymouth in a form approved by the Special Permit Granting Authority shall be executed and recorded at the Plymouth County Registry of Deeds or Land Court Registry District of Plymouth County prior to issuance of a building permit. The Inclusionary Housing Agreement shall provide for the implementation of the requirements of this Section of the Zoning Bylaw. All Inclusionary Housing Agreements must include, at minimum, the following:
Description of the development, including whether the Affordable Units will be rented or owner-occupied;
The number, size and location of the Affordable Units, or any approved alternative;
Inclusionary incentives by the Town of Plymouth (if any);
Provisions and/or documents for resale restrictions, deeds of trust, rights of first refusal or rental restrictions that shall be recorded against the property;
Provisions for monitoring the ongoing affordability of the units, and the process for marketing units, and qualifying prospective residents household for income eligibility;
Deed Restriction acceptable to the Town of Plymouth.
Incentives.
In approving an Inclusionary Housing Agreement, the Special Permit Granting Authority may, in its sole discretion, include one or more of the following incentives:
Unit Size Reduction. The size of the Affordable Units may be smaller than the Market Rate Units, consistent with all other provisions herein.
Interior Finishes. Affordable Units may have different interior finishes and features than Market Rate Units so long as the interior features are durable, of good quality and consistent with current State building code standards for new housing.
Exemption available for Affordable Units.  Affordable Units created pursuant to this Section of the Bylaw shall be deemed exempt from the provisions of Section 207 (Building Permit Limitations) and Section 500-02 (Residential Development Phasing).
Projects located within the Rural Residential District are eligible for the same dimensional standards for individual lots as would be allowable under the RDD Special Permit per Section 205-62 of the Bylaw, provided that the minimum open space natural features protection requirements are met, subject to the right of the Special Permit Granting Authority to waive the dimensional, intensity and other applicable regulations of the Bylaw to implement the creation of the Affordable Units required herein, as provided in Section C.(4)a. above.
Projects located within the R20MF, R20SL, R20MD and R25 Districts are eligible for the same dimensional standards for individual lots as would be allowable under Section 205-66 Village Open Space Development, provided that the minimum open space and natural features protection requirements are met, subject to the right of the Special Permit Granting Authority to waive the dimensional, intensity and other applicable regulations of the Zoning Bylaw to implement the creation of the Affordable Units required herein, as provided in Section B.(4)a. above.
Administration
For the purposes of this Section, the designated Special Permit Granting Authority shall be (a) the Planning Board in the case of special permits issued by the Planning Board in accordance with the provisions of the Zoning Bylaw and for residential subdivisions, or (b) the Zoning Board of Appeals in the case of special permits issued by the Zoning Board of Appeals in accordance with the provisions of the Zoning Bylaw.  In reviewing an Inclusionary Zoning proposal, the Special Permit Granting Authority shall be governed by the special permit and environmental design procedures as specified in Section 205-9, and shall take advisory recommendations from the Town’s Affordable Housing Committee under consideration on all Projects regarding consistency with the Town’s Affordable Housing Plan.  The Special Permit Granting Authority may adopt regulations for carrying out its duties under this Bylaw.

J. Randolph Parker suggested that the Board make inclusionary housing voluntary.
Pat Mulligan also supported this article on a voluntary basis.
Peter Fantoni asked if the Town would be in a better position to deny a Chapter 40B if this was mandatory rather than voluntary.
Mr. Tripp noted that the State sets the mandates for Chapter 40B.  
Mr. Rosenblum and Loring Tripp, III were in support of a mandatory bylaw.
Malcolm MacGregor and Paul McAlduff were in support of a trying voluntary inclusionary bylaw for a period of one year and if the developers did not participate on a voluntary basis, making it mandatory.  
Roger Goguen, Chair of the Affordable Housing Committee, felt that the voluntary vs. mandatory issue is tough.  The Town is way behind the guidelines for affordable housing.
Nicholas Filla moved that if there was not 100 percent participation by the developers, the Board would go back to Town Meeting to make it mandatory; no action was taken on the motion.
The Board asked staff to amend the language to reflect a voluntary basis.  
Mr. Tripp suggested that the Home Rule Petition be withdrawn if the inclusionary bylaw is passed as voluntary.
As noted in the above motion, the public hearing will continue to January 13, 2005 at 7:00 p.m.

Amend Building Permit Limitations
J. Randolph Parker expressed his concern with continuing the sunset provision until 2011.  Mr. Parker suggested extending the provision for 3 years.
Paul McAlduff moved to close the public hearing; the vote was unanimous (5-0).
Paul McAlduff moved to approve the following amendment to be presented to Town Meeting:
PROPOSED AMENDMENT:
        Bracketed words deleted [          ]
        Bolded and underlined words added
§ 205-11.Building permit limitations. [Added 11-2-1999 STM by Art. 16]
A.      Limitations.
(1)     When the total number of building permits issued for new dwelling units located within the RR, R-40, R-25, R-20SL, R-20MD and R-20MF Zoning Districts exceeds 155 in any calendar year, excluding those building permits listed in Subsection B, no additional permits shall be issued within these districts for new dwelling units, except as provided in Subsection B. [Amended 4-6-2004 ATM by Art. 31]
(2)     No more than 30 such building permits shall be issued in any calendar year for new dwelling units either for land shown on a plan of record as of April 6, 1999, or for any land in the same ownership as of April 6, 1999, even though ownership may have been transferred subsequent to said date. [Amended 4-6-2004 ATM by Art. 31]
(3)     The Building Commissioner shall process applications for such building permits in chronological order determined by the date upon which the Commissioner receives each complete application. As each complete application is received, it shall be assigned a number in chronological order.
B.      Exempt units (units not counting toward limitations). Notwithstanding Subsection A, building permits for the following new dwelling units located within the foregoing districts shall not count toward the foregoing limitations:
(1)     Units defined in § 205-3 as elderly household;
(2)     Units within an open space mixed-use development (OSMUD);
(3)     Units on lots on a plan endorsed prior to April 6, 1999, by the Planning Board as "Approval Under the Subdivision Control Law Not Required" by virtue of MGL c. 40A, § 6 (sixth paragraph), for three years from the date of such endorsement;
(4)     Units within a rural-density development and/or village open space development (VOSD). [Amended 4-6-2004 ATM by Art. 31]
(5)     Units within a development ("low-density development"), defined as one in which:
(a)     The parcel on which such units are located is permanently restricted to a density of no more than 1/3 of the maximum density achievable under applicable bylaws and regulations; and
(b)     The applicant submits plans or other pertinent documentation to demonstrate the maximum number of units achievable on said lot.
C.      Protected units (units counting toward limitations). Building permits for the following new dwelling units located within the foregoing districts shall count toward the foregoing limitation:
(1)     Units on lots on a plan endorsed by the Planning Board as "Approval Under the Subdivision Control Law Required" if grandfathered from these limitations by virtue of MGL c. 40A, § 6 (seventh paragraph), for eight years from the date of such endorsement.
D.      Sunset provision. This section shall be effective as of April 10, 2002, and shall continue until the final adjournment of the 2005 2011 Annual Town Meeting, unless sooner extended or otherwise amended or a longer period is authorized by vote of Town Meeting. [Amended 4-10-2002 ATM by Art. 25]
NEED & JUSTIFICATION:
The Building Limitation zoning provision was added to the Zoning Bylaw in November of 1999. The bylaw included a sunset provision of 2002.  At the April 2002 Annual Town Meeting, the Town extended to effective date of the bylaw to the April 2005 Annual Town Meeting.  In April 2004 the bylaw was amended to among other things, reduce the number of permits available from 185 to 155.

The only purpose of this article is to see if the Town will extend the effective date of the building limitation bylaw.
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.
Over the past several years, Plymouth has continued to grow at an explosive rate.  The trend is expected to continue into the foreseeable future. During the past few years, the Town has also undertaken a number of steps to better manage this growth including:
Adoption of the revised Master Plan (slated for this Town Meeting)
Adoption of the Downtown Village Center/Waterfront Area Master Plan
Adoption of the Affordable Housing Plan
Adoption of the Open Space and Recreation Plan
Adoption of the Community Preservation Act
Unfortunately, our work is far from complete.  Several major additional long term planning tasks are planned or underway including:
Preparation of a Town wide transportation plan
Completion of the up-date of the Municipal Water Supply Master Plan
Gravel Road Plan
School Facility Plan
EFFECT & INTENT:
The intent of the Building Limitation Bylaw is not to stop residential development, but to recognize the cyclical nature of the real estate market and seeks to limits the high up-swings in development associated with a booming real estate market.  
At this stage, it is critical that the Town continue to impose the existing limits on residential growth to allow time to complete the planning studies underway and to implement the recommendations outlined in these studies.
These plans include or will include a number of recommendations that must be implemented to insure that Plymouth continues to grow in an orderly and responsible manner.  Over the next few years the Planning Board and other Town departments and Boards look forward to presenting a number of initiatives to Town Meeting such as:
Affordable housing initiatives
Refinements to the Transfer of Development Rights Bylaw
Up-date Plymouth's 30 year old zoning bylaw
Aquifer protection mapping
Impact Fee Bylaw implementation
New school construction
Road/pedestrian enhancement programs
The vote was unanimous (5-0).

Amend OSMUD
Mr. Hartmann reviewed the proposed changes to the OSMUD that would allow for one gasoline station and change the limitation on number of bedrooms allowed.
John Judge addressed the Board’s prior concerns regarding the effect the gasoline station would have on the groundwater mapping and the water supply.  A map was presented delineating the Zone 1 and Zone 2 areas.  
Larry Rosenblum was concerned with the groundwater protection and felt that restrictions and parameters needed to be set as to the construction of the gasoline station.  
Malcolm MacGregor asked whether the gasoline station would be a draw for highway travelers.
Mr. Judge felt that it would not.
Elspeth Franks was in support of the filling station with strict design standards and parameters set.  Mrs. Franks suggested that a maximum of 4 pumps be allowed.  Mrs. Franks recommended separating the gasoline station and the bedroom count change into two articles.
Loring Tripp, III felt this could be addressed under a special permit process, which may allow for negotiations for road improvements.  
Mr. Filla was opposed to the special permit process.
Number of Bedroom Issue:
Mrs. Franks supported the change in number of bedrooms allowed.
Loring Tripp, III suggested allowing a finite number of units with increased bedroom counts instead of using a percentage.
Nicholas Filla suggested that a percentage of the existing units allowed by the OSMUD could have an increased bedroom count and that if any parcels were added to the OSMUD, the developer would have to apply for an increase based on the additional units.  
Nicholas Filla moved to continue the public hearing to January 13, 2005 at 7:00 p.m.; the vote was unanimous (5-0).
        
Amend General Commercial                
This article was continued to January 13, 2005 at 7:00 p.m. as motioned above.

Amend Vehicular Related Uses
Bill Shaw, Associated Engineers, presented the changes to the proposed article.                 
Nicholas Filla moved to close the public hearing; the vote was unanimous (5-0).
Nicholas Filla moved to approve the following amendment language to be presented to Town Meeting:
PROPOSED AMENDMENT:
                Underlined words added
§ 205-55.Mixed Commerce (MC). [Added 4-12-1995 STM by Art. 11]
Intent. The intent of the Mixed Commerce District is to provide for a mix of retail and industrial uses in an area geographically suited to commerce activities. The district encourages a mix of low-intensity industrial uses as well as larger retail uses.
Allowed uses.
(1)     Office buildings, laboratory, research facilities, and other campus-type office structures or groups of structures less than 10,000 square feet in size on adequately buffered sites.
(2)     Hotels and motels less than 10,000 square feet in size.
(3)     Wholesaling, warehousing, and distribution facilities less than 10,000 square feet in size.
C.      Special permit uses.
(1)     Technical schools or other training facilities on spacious, adequately buffered sites.
(2)     Contract construction, utilities contractors, building supply and lumber yards, but not to include junkyards, saw mills, concrete or cement mixing plants, asphalt plants and the like.
(3)     Retail uses under 10,000 square feet in size.
(4)     Commercial recreation uses such as theaters, bowling alleys, swimming pools, and gymnasiums.
(5)     Office buildings, laboratory, research facilities, and other campus-type office structures or groups of structures greater than 10,000 square feet in size on adequately buffered sites.
(6)     Hotels and motels greater than 10,000 square feet in size.
(7)     Wholesaling, warehousing, and distribution facilities greater than 10,000 square feet in size.
D.      Special permit uses subject to environmental design conditions.
(1)     Planned shopping centers.
(2)     Planned office parks and major office buildings, over 10,000 square feet in size.
(3)     Hospitals, sanitariums, rest homes, halfway houses, convalescent homes, orphanages, homes for the aged, and other such institutions.
(4)     Restaurants.
(5)     Child-care facilities.
(6)     Retail uses greater than 10,000 square feet in size.
(7)     Passenger terminals for buses and railroads.
Automotive service stations. [Amended 11-20-1996 STM by Art. 12]
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 that contains a minimum of three acres of land, has a minimum of 400 feet of frontage, and is not located within a Primary Recharge Area to Existing or Proven Future Municipal Wells, including all Department of Environmental Protection approved Zone II areas shown on Zoning Map No. 4, Aquifer Protection District.
E.      Prohibited uses.
(1)     Any use which emits strong odors, dust particles, or smoke, or poses danger, such as gases, fertilizers, glue, petroleum refining, or reduction of animal matter.
(2)     Any other use dangerous to persons within or outside the district by reason of emission of odor, fumes, gases, particulate matter, smoke, noise, vibration, glare, radiation, electrical interference, or threat of fire or explosion.
F.      Dimensional and intensity requirements.
(1)     Minimum requirements are as follows: [Amended 11-20-1996 STM by Art. 12]
(a)     Lot size: 40,000.
(b)     Lot width: 200 feet.
(c)     Lot depth: 150 feet.
(d)     Side yard setback: 40 feet (except planned shopping centers).
(e)     Front yard setback: 40 feet (except for automotive service station canopies which may be 10 feet).
(f)     Rear yard setback: 50 feet.
(g)     Maximum lot coverage: 30% or 0.75 FAR.
(h)     Maximum height: 35 feet.
(2)     A two-hundred-foot natural buffer is required on numbered routes or highways.
NEED & JUSTIFICATION:
The owner of property located within the Mixed Commerce District has petitioned the town to allow vehicular related uses (automotive sales) within the Mixed Commerce Zoning District.  The Mixed Commerce District is located adjacent to Route 3 and the new Route 44 in the northern portion of Town.  
Because of groundwater protection concerns, those portions of the Mixed Commerce District located within the Aquifer Protection District have been excluded from this amendment.  Therefore, the change only applies to that portion of the Mixed Commerce District located between Cherry Street (north of Commerce Way, Route 3 and the Kingston Town line).
The change recognizes that this area is evolving due to the completion of the New Route 44 and the desire of vehicular oriented businesses to locate in this portion of Town.  
EFFECT
The effect of this amendment will be to allow vehicular related uses, which are "new and used automobile sales and auto rentals, provided that any outdoor service or repair areas shall be screened from public ways and abutting properties…" in a 90 acre portion of the Mixed Commerce District.
INTENT:
The intent of this amendment is to expand the uses allowed in the Mixed Commerce District to include automobile sales and auto rentals uses.
The vote was unanimous (5-0).

Malcolm MacGregor moved for the Board to submit a letter to the State Legislature to request the installation of decent vegetation along the Commerce Way project; the vote was unanimous (5-0).  

Rezone Map 76, Lot 10C          
Randy Parker was present and asked the Board to take no action on the request.
Nicholas Filla moved to close the public hearing; the vote was unanimous (5-0).   
Nicholas Filla moved to recommend no action be taken on this article at Town Meeting; the vote was unanimous (5-0).
 
Mr. Filla motioned to recommend the Article to town meeting.  Unanimous.

The Board adjourned at 10:40 p.m.        

 Respectfully Submitted,



Michelle A. Turner
Administrative Assistant                                        Approved on:________________