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Planning Board Minutes January 31, 2005
Planning Board Meeting
January 31, 2005
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, Larry Rosenblum, and Malcolm MacGregor.
Planning Board Alternate: William Keohan
Staff Members: Valerie Massard
Recording Secretary: Eileen Hawthorne

Form A’s:
A 4133 – Map 80, Lot 12 – Subdivide lot into Lot 12-1 (71,557.88 SF) and Lot 12-2
(40,944.88 SF)
Nicholas Filla moved for the clerk to sign the plan; the vote was unanimous (4-0).

A 4134 – Map 120, Lot 1-167 & 1-168 – Combine both lots to create Lot 1-283 (24,325 SF)
Larry Rosenblum moved for the clerk to sign the plan; the vote was unanimous (4-0).

Public Hearing (cont.) – B516, Gunning Point VOSD
        TO BE CONTINUED TO FEB 7 FOR FULL BOARD
Malcolm MacGregor moved to continue the public hearing to February 7, 2005 at 8:40 p.m.; the vote was (3-0) with Nicholas Filla in abstention.

BOA 3276                                                                
        Kefalas, SP vary side setback requirements      (ZBA 2-16)
Larry Rosenblum moved to continue the hearing to February 7, 2005 at 7:55 p.m.; the vote was unanimous (4-0).

Minutes:
January 10, 2005
January 13, 2005
Malcolm MacGregor moved to approve the minutes of January 10 and 13, 2005 as presented; the vote was unanimous (4-0).  

B430 Clark Estates –
Valerie Massard presented a request for a release of $109,900 from the tri-party agreement with S. A. Webby, Inc. for work completed.  
Nicholas Filla moved to reduce the amount held through the tri-party agreement to $50,000.00; the vote was unanimous (4-0).

Valerie Massard presented information from the Beacon Hill Report, which states that a recent poll shows many people are considering moving out of the State because of the lack of affordable housing and rising housing costs.
Loring Tripp, III stated that Governor Romney is trying to enact legislation that would give towns that build housing a stipend of three to four thousand dollars per house.  Mr. Tripp stated that the expenses that would be incurred by the towns would far outweigh the benefit of the funding.  The funding for the stipend could come from the Community Preservation funds, which is contrary to the intent of the Community Preservation Act.
Larry Rosenblum informed the Board that the legislation that is being proposed is regarding Chapter 40R development.  Chapter 40R development encourages denser development around transportation centers. This legislation would create overlay districts in communities, which would allow for higher density, involves payment of three to four thousand dollars per unit and would allow for additional subsidies for the school systems.  Mr. Rosenblum offered to coordinate a presentation on the proposed Chapter 40R legislation for the Board.  The Board agreed to host a presentation.

Loring Tripp, III stated that the Town is looking at additional cuts in State aid for the schools, yet the Federal Government is mandating a “No Child Left Behind” program with no funding provided to the Towns.

Site Plan Review                                                
Trade Bays with Office Bldg., South Meadow Road
Randy Parker, Land Management Systems Inc., presented a site plan review for a 70’x140’ building with four unit trade bays and an office unit.
Ms. Massard suggested that the applicant submit a detailed landscaping plan prior to the issuance of a building permit.
Malcolm MacGregor moved to recommended approval of the site plan to the Building Commissioner subject to the following:
The applicant shall return to the Planning Board with a more detailed landscaping plan prior to issuance of a Building Permit.
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.
A Registered Landscape Architect or other qualified licensed professional must certify to the Building Commissioner prior to the issuance of a final occupancy permit that the required landscaping has been installed in accordance with an approved site plan, the Zoning Bylaw, and acceptable landscape practices.
The Town Engineer must approve the proposed drainage design and calculations.
The vote was unanimous (4-0).

Public Hearing (cont.)                                                  
        OSMUD Change
Atty. Robert Betters presented the proposed changes to the amendment for the Open Space Mixed Use Development (OSMUD) zoning bylaw.  The changes include: a reduction in the percent of LOC units with additional bedrooms to 15 percent or 309 homes, that each home with bedrooms in excess of three are required to contain a minimum of 3,000 square feet, and that the Pinehills would submit an annual report to the Planning Board which specifies the number of building permits issued during the twelve month reporting period for Planned Retirement Units, Limited Occupancy Community Units and Limited Occupancy Community Units with more than three bedrooms.  Atty. Betters also stated that any land that is added to the OSMUD subsequent to this amendment would have to be reviewed by the Planning Board and the applicant to determine whether any additional LOC dwelling units or units permitted under such amendment may contain more than three bedrooms.
Nicholas Filla asked the Pinehills to address the concerns of several residents in the Great Kame neighborhood.  
John Judge addressed each concern as follows:
There would be a limited number of four or more bedroom LOC units – 309 units and that limitation will be specified in the bylaw.
The four+ bedroom homes would not be located in a specific area of the development, but that the Great Island neighborhood would not be affected, because those homes are deed restricted.  
Existing homeowners would need to seek approval to add a fourth bedroom.
If Pinehills were allowed to construct homes at the higher end of the market, everyone’s property values would increase.  
David Quigley, a resident of the Pinehills Development, questioned whether current residents would meet the criteria to qualify for the fourth bedroom and how the 309 permits would be assigned.  Mr. Quigley was in support of the additional bedroom being allowed.  
John Judge answered that the Pinehills would work to include existing homeowners, with the required square footage of living space and appropriate lot size, to be considered for the additional bedrooms.   The additional bedroom count would have to be reviewed through the Pinehills design review process, which would consider the parcel and the abutting parcels.
Nicholas Filla requested that the Pinehills map every ten building permits for the four bedroom homes and submit the map to the Planning Board so they could track the patterns in relation to the overall Pinehills Community.  
Larry Rosenblum questioned the language that would allow for bedroom counts of more than three, but less than ten.
John Judge stated that they would like to be allowed to construct larger custom homes.
Malcolm MacGregor inquired whether the larger homes could be used as a Bed & Breakfast.
John Judge answered that specific locations have already been identified for Bed & Breakfast or Inns to be constructed.
Larry Rosenblum questioned whether homeowners have been included in the discussions about the proposed amendments.  
John Judge replied that a letter was sent to owners and those that have homes under construction regarding a meeting that was held last week to discuss the proposed amendments and that the proposed bylaw changes have also been posted on the Pinehill’s website.
Nicholas Filla suggested that the amendment allow five percent of the LOC units to have the additional bedroom counts and then increase incrementally by five percent according to the market statistics to a maximum of fifteen percent, based on review by the Planning Board for each incremental increase.
Loring Tripp, III was not supportive of the amendment as presented.  Mr. Tripp felt that the concept of the project was a LOC empty nester development and that was how it should remain.   He was concerned with traffic impacts on the area, the potential impact on the school system, and the negative impact on the affordable housing requirements of the Town.  Mr. Tripp suggested that the Board review all the pros and cons of the proposed amendment to the bylaw.
Malcolm MacGregor was in support of the proposed changes.
William and Elspeth Franks were in support of the proposed amendment.
Larry Rosenblum felt that this change would allow for unlimited occupancy, which would be a substantial change from the intent of the OSMUD.  Mr. Rosenblum stated that the Board should monitor the impacts and require controls. He also objected to use of the term “LOC” for these units.
Nicholas Filla moved to continue the public hearing to Monday, February 7, 2005, at 9:00 p.m. in order to allow the Pinehills time to consider the impacts of a five percent incremental increase of LOC units with four or more bedrooms, up to a fifteen percent maximum; the vote was unanimous (4-0).  

Informal Site Plan Review                                               
Medical Office Bldg./Jordan Hospital
Atty. Allan Costa began the presentation for a proposed 45,000 square foot medical office building on property owned by Jordan Hospital.
Wayne Pelletier, DiGiorgio Associates, Inc., reviewed the site plan.  The access to the site would be from the existing roadway that travels past the Emergency Room entrance and the heliport and continues out to Obery Street.  The building would have its own parking area and storm water management area.  Landscaping would be installed to mitigate views from the existing residential area.  The three-story building would be below grade on the street side, with the main entrance on the lower level, away from the hospital entrance.  The exterior is proposed with a brick and glass façade.
Nicholas Filla suggested connecting the upper parking lot with the second floor of the building and that the drainage area be designed in a more natural state.    
Malcolm MacGregor questioned what the view of the building from the abutting residences would be.  
Mr. Pelletier replied that the residences would see the top portion of the building on the north side and that the building would be about 600 ft away from the adjacent home.
Nicholas Filla suggested that the applicant install a pole the height of the proposed structure at the corner of the proposed building, prior to the Zoning Board of Appeals hearing so residents can see where and how high the building will be constructed. Mr. Filla also suggested that the applicant provide a more detailed site plan and include a drop off point and canopy in the front of the structure.    
Malcolm MacGregor requested that the applicant add some architectural detail to the back and end of the building which could be viewed by the residences.   
Larry Rosenblum suggested that the entire site should have a master plan and asked staff and the applicant to invite Jordan Hospital to present its master plan to the Planning Board.
The Board looks forward to further review of the project.  

Informal Site Plan Review                                               
Industrial Bldg., Robert J. Way
William Shaw, Associated Engineers Inc., presented a proposed warehouse and auto parts store to be located on Robert J. Way.
Nicholas Filla questioned whether the parking shown on the plan met the requirements.
Mr. Shaw replied that there were four more parking spaces than required.  
Mr. Filla suggested eliminating a couple of spaces at each end of the building and providing landscaping areas instead.
Nicholas Filla moved to recommend approval to the to Building Commissioner subject to the following:
Four (4) parking spaces shall be eliminated as depicted on the attached drawing, and replaced with landscaped areas.
The applicant shall provide the Planning Board a more detailed landscaping plan for review prior to issuance of a Building Permit.
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.
A Registered Landscape Architect or other qualified licensed professional must certify to the Building Commissioner prior to the issuance of a final occupancy permit that the required landscaping has been installed in accordance with an approved site plan, the Zoning Bylaw, and acceptable landscape practices.
The Town Engineer must approve the proposed drainage design and calculations.
The vote was unanimous (4-0).  

Public Hearing (cont.)                                                  
TDR
Valerie Massard informed the Board that staff would meet with A.D. Makepeace on Tuesday, February 1, 2005 and that she would update the Board on Thursday, February 3, 2005.   
Judy Kohn, A. D. Makepeace, informed the Board that they are working on an update of traffic management.  Makepeace has hired Goody, Clancy Associates as consultants and they will be present at the Planning Board meeting on Monday, February 7, 2005.
Curtis Quitzau, VHB, Inc., gave an update on analysis for traffic-related impacts and village planning.  If the development were strictly residential, the residents would have to travel outside the development for all services.  If the development has a commercial component, the number of trips outside the development would be significantly reduced.  Convenience based businesses would also draw from the surrounding area.  The market would determine the size and type of commercial development.  
Nicholas Filla requested that different capture rates be studied and presented.    
Loring Tripp requested more information as to the number and type of houses that would be generating the traffic.
Malcolm MacGregor suggested that in this case, as the roads are so sparse, the traffic consultant might want to look at travel time as well as the potential number of trips.  
Randall Hart, VHB Inc., stated that a population based gravity model takes into consideration travel routes and convenience, as well as, travel time.  
Judy Kohn informed the Board that ongoing discussions are being conducted with a conservation partnership regarding the purchase of land in the Agawam River corridor.  MA Audubon is also looking into obtaining some of the land to construct a facility in the area.     
Mr. Filla stated that when the TDR was drafted, the Board limited the RRA to parcels of 500 acres.   There is only one other RRA in the Town where the TDR could be applied.  The applicants will still have to go through the special permit process for a master plan.   
Loring Tripp, III requested that Makepeace provide a scenario of a small neighborhood as a sample working of the TDR concept.  Mr. Tripp stated that other towns are waiting to see how this plays out and what the Board decides.  
 Nicholas Filla stated that the Board needs to define the essential characteristics and goals.  One goal is to keep this as rural a development as possible.
Larry Rosenblum felt the challenge is how to connect the least accessible area of Plymouth and turn it into a rural center; what does the Town need to do to build in the infrastructure to provide the necessary services.  
Nicholas Filla moved to continue the public hearing to Thursday, February 3, 2005 at 9:00 p.m.; the vote was unanimous (4-0).

Nicholas Filla moved to adjourn at 10:05 p.m.; the vote was unanimous (4-0).


Respectfully Submitted,



Eileen M. Hawthorne
Administrative Assistant                                        Approved on:________________