Planning Board Meeting
February 7, 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, Malcolm MacGregor, and Paul McAlduff.
Planning Board Alternate: William Keohan
Staff Members: Lee Hartmann and Valerie Massard
Recording Secretary: Eileen Hawthorne
Form A’s:
A4135 – Map 104, Lot 3C-18 – relocate a pedestrian easement
Malcolm MacGregor moved for the clerk to sign the plan; the vote was unanimous (5-0).
Workshop – Manomet Center for Conservation Sciences
Beth Brazil and Paul Cavanaugh presented an overview of services available through the Manomet Center for Conservation Sciences (formerly the Manomet Bird Observatory). Their goal is to conserve natural resources for the benefit of wildlife and humans. The organization serves sixty cities and towns in southeastern Massachusetts. Some of the tools they offer are as follows:
Conservation Mapper
Conserving Open Space
Planning for Wildlife
Natural Community Identification Workshops
Southeastern Massachusetts Natural Resource Atlas
Conservation Scorecard (focuses on ecological factors for a parcel)
Outreach/Technical Assistance
The Center would like to build a relationship with the Conservation Committee and Planning Board.
Administrative:
B-296 - Ponds At Plymouth
Atty. Robert Betters presented a request for a bond reduction for Pulte Homes. Atty. Betters also suggested that the road maintenance funds are intended to be utilized to restore the subdivision roads due to normal wear and tear.
Valerie Massard stated that the roads were conducted to standards of twenty years ago and that the DPW has reviewed the roads and determined that remediation is needed.
Paul McAlduff moved to have DPW utilize the road maintenance funds to brnig the roads in the subdivision up to standard; the vote was unanimous (5-0).
Nicholas Filla moved to reduce the bond amount to $1,750,000; the vote was unanimous (5-0).
Informal Site Plan Review
Kevin Craffey/10 Court Street
Kevin Craffey presented the renovation plans for 2-10 Court Street. The Historic District Commission has reviewed and approved the plans. The building will have three tenants, one of which will be Bangkok Thai Restaurant.
Nicholas Filla suggested continuing the architectural details across the entire façade.
Nicholas Filla moved to recommend approval of the site plan as presented to the Building Commissioner; the vote was unanimous (5-0).
BOA # 3276 (ZBA 2-16)
Kefalas – Special Permit to vary side setback requirements
Nicholas Filla recused himself from this hearing and left the room as the applicant was a former client.
Valerie Massard reviewed the application for a post facto special permit to vary the side setback requirements in order to reconstruct and enlarge a storm damaged deck. The property is located on Shore Drive. Ms. Massard read the following paragraph from the Building Commissioner:
The petitioner rebuilt a deck that was destroyed by a storm. A building permit was issued in 1983 for a 12’16’ open deck. A new 24’x24’ deck was constructed without permits. On September 4, 2001, the Zoning Agent inspected the property and noticed the deck. On November 8, 2001, the petitioner was notified that permits were required and a Zoning Permit application needed to be submitted. The petitioner did not comply. On October 3, 2003, a second notice was sent to the petitioner. On April 15, 2004, the Zoning Agent appeared in court. The court ordered the petitioner to get a plan by July 15, 2004. On July 12, 2004, the petitioner applied for a Zoning Permit and was denied because the deck did not meet the side setback requirements. On December 7, 2004, the
Zoning Agent called the petitioner and advised that if he did not apply to the ZBA he would go back to court. The Conservation Commission has no record of permits approving this 24’x24’ deck. Conservation Commission approval is required.
Ms. Massard further stated that the deck and stairs encroach on the neighbors property and that staff does not support the construction of the deck.
Malcolm MacGregor was concerned that the removal of the deck might destabilize the slope.
Paul McAlduff moved to recommend denial to the Zoning Board of Appeals for the following reasons:
The proposed use, a deck, is appropriate to the zone. A deck was previously located at this site, although it was 1/3 the size of the existing reconstructed deck. The deck is located on a coastal bluff, and was not permitted by the Conservation Commission which has purview over this location due to the sensitivity of the resource area (the bluff), and therefore although there was a deck previously located on this site, it is not clear that this reconstructed and larger-sized deck, at this location on this site, is appropriate. There does not appear to be any special circumstance which would prevent the petitioner from meeting the minimum side yard of 15’ when locating a deck on this site.
Adequate and appropriate facilities are in place to serve the deck, which does not need additional town services.
There will be no hazard to pedestrians or vehicles.
The deck extending onto the abutting property will be is a nuisance and does have an adverse effect upon the neighborhood. The intent of the zoning bylaw is to prevent the overcrowding of land.
The Board recommended that if the Board Of Appeals chooses to grant the petition:
Conservation Commission permits must be issued in order for this Special Permit to be valid. A filing with the Conservation Commission within 15 days of the end of the appeal period of the filing of this decision is required (or within 15 days of the settlement of any appeal of this decision), and notification to the Board of Appeals by the petitioner of the Conservation Commission decision is required within 15 days of said decision having been received by the petitioner. The Board of Appeals shall be notified of any appeal of the Conservation Commission decision, and shall be copied on any final decisions issued through the appeal process.
If Conservation Commission permits are not received, the deck shall be determined to be in violation of the side setbacks, and this Special Permit shall be null and void.
All fees and court costs associated with the Building Department notifications to the petitioner of the violation, and all fines applicable from the Building Department in association with the letter from the Building Inspector shall be paid in full within 30 days of receipt of notification of the amount from the Building Department of the Town of Plymouth to the petitioner via first class mail.
The vote was unanimous (4-0).
Public Hearing
B526, Fotiades, Alpine Road
Loring Tripp read the public hearing notice and opened the public hearing.
Mark Flaherty, Flaherty & Stefani Inc., reviewed the proposed subdivision plan for 5 residential lots out of 50 existing lots with improvements to Alpine Road including the Upland Road intersection. Some of the remainder of the lots would be designated for open space, and the applicant proposes to offer two other lots to Habitat for Humanity or another charitable organization. Each of the five buildable lots would have access on Alpine Road, and have private well and septic systems. The applicant proposes to regrade the road and widen to eighteen feet. There will be two cachement areas for drainage.
Valerie Massard stated that she would like to have DPW review the traffic information and that Earth Tech has suggested utilizing a four-way intersection. Ms. Massard stated that adequate facilities exist for water and wastewater, but she would like to review the road improvements further.
Paul Pimental, 76 Alpine Road, requested that the Board conduct a site visit. He stated that he welcomes the development, but is concerned with public safety issues, especially after the last storm. The roads are impassible and emergency vehicles would not have adequate access. Richard Eastwood informed the Board that the roads are in poor condition.
Paul McAlduff visited the site and was surprised at how narrow the road is. Mr. McAlduff felt that the road improvements the developer proposes would provide better road conditions.
Larry Rosenblum would like to conduct a site visit with the Board and the neighbors.
Malcolm MacGregor questioned the disposition of the land at the Summit Road end of Alpine Road.
Mark Flaherty stated that that portion of the road is not improved and would not be improved.
Malcolm MacGregor suggested that the applicant consider swapping land with the Town and install a turn around at the intersection of Summit and Alpine Roads.
Loring Tripp questioned the percentage of grade on Alpine Road.
Mr. Flaherty replied that it is approximately 6-10 percent, with some erosion taking place.
Mr. Tripp suggested that improvements to the road would help with the drainage issue.
Mr. Filla suggested redesign Alpine Road to go around the drainage hole
Mr. Flaherty stated that the grade of the road would make that impractical.
Larry Rosenblum questioned the build out potential for the area.
Mr. Flaherty stated that there is a total of nine homes being proposed at this time with a potential for one additional house.
Nicholas Filla moved to continue the public hearing to March 21, 2005 at 7:15 p.m.; the vote was unanimous (5-0).
Public Hearing
B527, Fotiades, Black Cat Estates
Loring Tripp read the public hearing notice and opened the public hearing.
Mark Flaherty, reviewed the plan four house lots with 40 percent of the total acreage designated as open space. Access would be through a sixteen foot paved shared driveway with a turnaround and with one foot berms on either side. The driveway would be located across from Alpine Road. Each home would have private well and septic systems.
Larry Ruben, 2 Cleveland Road, was in favor of the road improvements.
Carol Wilder, was concerned that the traffic counts did not take into consideration the traffic from the golf course.
Michelle Cheeseman asked the Board to consider requiring a more substantial buffer area than the proposed 25 feet. Ms. Cheeseman was also concerned with the safety at the proposed Little Sandy Pond Road intersection.
Larry Rosenblum moved to continue the public hearing to March 21, 2005, 7:30 p.m.; the vote was unanimous (5-0).
Public Hearing (cont.)
B516, Gunning Point VOSD
Nicholas Filla removed himself from the public hearing as he was not present for the beginning of the public hearing; William Keohan, the Planning Board Alternate joined the Board.
Valerie Massard stated that the applicant has still not addressed the questions as to how the houses will be sited and the wetland issues, the road improvements need, the use of the open space, and the beach access. The Conservation Commission has not yet reviewed the wetland boundaries and a portion of the project is in natural habitat program. The abutters are concerned about buffering from existing dwellings, traffic estimates, emergency access, hydrants, flooding near Blueberry Road, utility easements, etc. Ms. Massard stated that she has reviewed the Master Plan for the Ponds at Plymouth and the site is listed as open space, was used to calculate the density for the Ponds at Plymouth, and has not been released from the covenants.
Loring Tripp stated that if this land was used in the calculations for the Ponds at Plymouth, it is unbuildable.
Len Bradley, Diprete Engineering, stated that Atty. Landry has researched the project and has found no formal information regarding the open space on the property.
Valerie Massard stated that the master plan shows that the lots are open space and that Bradford Saivetz listed the lot as open space when calculating the density of the project.
Malcolm MacGregor moved to continue the Public Hearing to April 11, 2005 at 7:15 p.m.; the vote was unanimous (5-0).
John Dill, an abutter, asked the Board to reconsider the continuance. He felt that it is the applicants responsibility to provide the requested information to the Board and as the information has not been forthcoming, the Board had been more than patient.
Mr. Tripp stated that when all the Board’s questions are addressed, they would make a decision.
The Board took a five-minute recess.
Public Hearing (cont.)
OSMUD
Atty. Robert Betters, stated that Pinehills has considered and accepted the Board’s condition to stage the phases for the implementation of the expanded bedroom count for LOC homes. The change, if approved at Town Meeting, would allow the Pinehills to construct the first five percent of the expanded LOC homes, but the second and third five percent would require a special permit.
Larry Rosenblum suggested adding language to have a certain percent of each five percent phase completed before the Pinehills could apply for the special permit for each subsequent phase. Mr. Rosenblum suggested that statistics on the additional bedroom counts and the traffic impacts should be submitted to the Board before any special permits are considered.
Dennis Crimmins questioned whether the existing homes would be able to take advantage of the increased bedroom count.
Mr. Tripp stated that the existing homes could be expanded but would have to meet the design review standards of the Pinehills.
Nicholas Filla moved to close the public hearing; the vote was unanimous. (5-0).
Nicholas Filla moved to amend the article to require that fifty percent of the first five percent of expanded LOC units must be occupied before a special permit is applied for and to recommend approval of the article as follows:
To amend certain sections of the Plymouth Zoning Bylaw in the following manner (crossed-out words are deleted, proposed additions are underlined):
Section 205-63D(1)(d):
(d) Nonresidential uses (hereinafter referred to as “NR Uses”), in keeping with the nature and intent of this section and the character of the open space mixed-use development, such as agricultural uses; open space; recreational uses, including passive recreation such as nature trails and active recreation facilities such as golf courses, tennis clubs, and sports fields; planned shopping centers; utilities, including but not limited to roadways and water supply and wastewater treatment facilities serving the OSMUD and other districts, including utility company facilities; and all commercial and residential allowed uses, special permit uses, and special permit uses subject to environmental design conditions under the General Commercial (GC) District (§ 205-49), except as expressly prohibited in this Subsection D, but without limit as to ground floor area coverage or total floor area or date of construction of a building except as provided in this section; and one filling or
service station (as defined in § 205-3B) subject to the following:
[1] Such use shall be subject to all applicable state and local laws, regulations and permits, including but not limited to the Commonwealth of Massachusetts Board of Fire Protection Regulations 527 CMR 9.00 governing the construction, installation, operation maintenance and repair of underground fuel storage tanks and systems;
[2[ Such use shall not be permitted within any Zone 2 public drinking water aquifer protection area;
[3] The scope of building permit review under § 205-5(B)(2)(c) shall include review by the Planning Board with respect to compliance with the requirements of the OSMUD bylaw, with recommendations from the Conservation Commission (if applicable), Fire Department and Department of Public Works;
[4] The scope of building permit review under § 205-5(B)(2)(c) shall include, but not be limited to environmental review of the impact of any such use with respect to ground water; and
[5] The scope of building permit review under § 205-5(B)(2)(c) shall also include traffic circulation, architectural design and landscape design, including certification by the applicant that such building is in compliance with the design and appearance criteria in § 205-12D and the design, scale, density, and character of the building shall strictly incorporate the intent of the OSMUD bylaw, including the following design criteria:
[a] All structures shall have red cedar or architectural asphalt roof shingles;
[b] All structures shall be constructed with traditional New England building materials in brick, cedar shingles or wood clapboard siding;
[c] Varied exterior details including; columns, roof soffits and trim details are encouraged;
[d] Exterior colors pallet must be pre-approved by the Planning Board;
[e] No plate-glass windows shall be allowed, and all windows shall have “true” mullions/grilles; and
[f] Structures shall exhibit historic or period-style architecture and appropriate materials shall be used to maintain the integrity of the style.
These elements should vary to enhance the sense of a village that has grown with the landscape and the neighborhood.
Section 205-63D(1)(f):
(f) Limited occupancy communities (LOC’s) designed for households of a limited number of members in which the following requirements apply:
[1] No dwelling unit shall contain more than three (3) bedrooms, except for the following: [a] five (5%) percent of the total number of LOC dwelling units permitted pursuant to any approved Master Plan Special Permit for Open Space Mixed Use Development issued before April ___, 2005 (insert the date of Town Meeting approval of this amendment to § 205-63) and/or permitted under any Development Plan for an Open Space Mixed Use Development approved and/or amended before April ___, 2005(insert the date of Town Meeting approval of this amendment to § 205-63) (the “Currently Permitted LOC Homes”), which may have more than three (3) bedrooms, provided that each such dwelling unit must contain a minimum of 3,000 square feet of living area; [b] after fifty
(50%) percent of such units described in subsection [a] hereof are constructed, if authorized by the Planning Board by Special Permit or permitted under any Development Plan or amendment(s) thereto, an additional five (5%) percent of the total number of Currently Permitted LOC Homes (above those authorized by subsection [a] hereof) may have more than three (3) bedrooms, provided that each such dwelling unit must contain a minimum of 3,000 square feet of living area; and [c] provided that authorization under subsection [b] has been secured, after fifty (50%) percent of such units described in subsections [a] and [b] hereof are constructed, if authorized by the Planning Board by Special Permit or permitted under any Development Plan or amendment(s) thereto, an additional five (5%) percent of the total number of Currently Permitted LOC Homes (above those authorized by subsections [a] and [b] hereof) may contain more than three (3) bedrooms, provided that each such dwelling unit must
contain a minimum of 3,000 square feet of living area;
[2] The master bedroom in each detached or townhouse dwelling unit shall be on the first floor and no more than one two additional bedrooms shall be on the first floor, except for dwelling units within the neighborhood green district that contain three (3) bedrooms or less, which need not have the master bedroom on the first floor;
[3] Recreational amenities provided for an LOC as part of the common open space or facilities shall be oriented toward an adult population and shall not include playgrounds.
Section 205-63D(5):
The following uses are prohibited in the open space mixed-use development: retail or wholesale sales or bulk storage (except for on-site use, and except for one filling or service station as set forth in § 205-63D(1)(d)) of petroleum-based fuels, including but not limited to home heating oil, diesel fuel, kerosene, or gasoline; sales, services, rentals, repairs, storage, or salvage of motor vehicles, recreational vehicles, or other gasoline- or diesel-powered engines, motors or generators; automotive service stations (except for one filling or service station as set forth in
§ 205-63D(1)(d)); drive-in movie theaters; exterior storage of products or merchandise in substantial quantities; exterior storage of junk, scrap, salvage, or any secondhand materials; major automotive garages; body shops; any garage which conducts repairs out of doors; tire recapping and retreading; storage of bulk petroleum products (except for on-site use, and except for one filling or service station as set forth in § 205-63D(1)(d)); any use which the Planning Board determines to be potentially dangerous or offensive to persons in the district or who pass on the public ways by reason of emission, odor, smoke, fumes, particulate matter, noise, vibration, glare, radiation, electrical interference, threat of fire or explosion, or disposal of solid waste; storage and/or transmission of refined petroleum products in
such a way that rupture of the storage tank will result in direct leakage into the ground; disposal of liquid or leachable wastes, including landfilling of sludge and septage; use of septic cleaners containing toxic organic chemicals; open and/or leachable storage of road salt or de-icing chemicals; use of sodium chloride for ice control; disposal or stockpiling of snow or ice from outside the district; storage, generation, treatment or disposal of hazardous wastes; production, manufacture or warehousing of hazardous or toxic substances; dumping, filling, excavation, grading, transferring or removing gravel, sand, loam, material, or rock, prior to obtaining all permits and approvals for final development; landfills or open dumps; storage of commercial fertilizers except in approved storage structure; storage of animal manure unless covered; any industrial uses unless specifically provided for in the zone; automobile salvage yards; and storage of any products, materials or vehicles
in connection with manufacturing or commercial uses outside the district; massage parlors; casinos; betting establishments, gaming establishments, and race tracks; trucking and freight terminals; freestanding laundromats; firing ranges; wrestling and boxing establishments; adult uses, including adult bookstores, adult motion picture theaters, adult dance clubs, adult paraphernalia stores, adult video stores and other such uses as provided by MGL c. 40A, § 9A, and adult dance clubs, including entertainment establishments which permit a person or persons to perform in a state of nudity as defined by MGL c. 272 and c. 31. Family-oriented entertainment shall be encouraged, but freestanding mechanical or video amusement centers, and freestanding pool or billiard parlors, and outdoor performance utilizing amplification equipment (except in a neighborhood green), are not encouraged.
Section 205-63J(8)(b)
A special permit for an OSMUD master plan or a master plan issued under any other section of this Zoning Bylaw may be amended by the Planning Board as requested by and with the consent of the landowner under this section as in effect as of the date of such amendment, provided that the requirements of this section are met by such special permit, as amended. In the case of any such amendment to a special permit for an OSMUD master plan or a master plan issued under any other section of this Zoning Bylaw, where such amendment includes the addition of a gross acre (or gross acres) above 3,000, the provisions of § 205-63(D)(1)(f) to the contrary notwithstanding, the applicant and the Planning Board shall determine whether any additional LOC dwelling unit or units permitted under such amendment may contain more than three (3)
bedrooms.
Section 205-63J(8)(d)
Notwithstanding any other provisions of this Section 205-63, by a two-thirds (2/3) vote of Town Meeting, the Town may approve a Development Plan for an Open Space Mixed Use Development under this Section 205-63 whether or not a Master Plan Special Permit for an Open Space Mixed Use Development has been granted. Upon such approval, all requirements of this Section 205-63 regarding a Master Plan Special Permit shall be considered with reference to such Development Plan, and no further or separate Master Plan Special Permit shall be required. Any Development Plan so approved may subsequently by modified either by two-thirds (2/3) vote of Town Meeting or by a Special Permit issued by the Planning Board, under the standards applicable to a modification of a Master Plan Special Permit, and in such event the requirements applicable to
the land shall be determined with reference to whichever provision is less restrictive. In the case of any such amendment to a Development Plan, where such amendment includes the addition of a gross acre (or gross acres) above 3,000, the provisions of § 205-63(D)(1)(f) to the contrary notwithstanding, the Town Meeting shall determine whether any additional LOC dwelling unit or units permitted under such amendment may contain more than three (3) bedrooms.
Section 205-63J(8)(f)
The provisions of this § 205-63, as amended on April ___, 2005 (insert the date of Town Meeting approval of this amendment to § 205-63), shall be applicable to a Master Plan Special Permit for an Open Space Mixed Use Development (or any modification or phase thereof) and any Development Plan for an Open Space Mixed Use Development (or any modification thereof), whether issued before or after April __, 2005 (insert the date of Town Meeting approval of this amendment to § 205-63).
The vote was (4-0) with Loring Tripp, III in abstention.
Public Hearing (cont.)
TDR
The Board reviewed the revised language for the proposed amendments to the TDR bylaw.
The changes include adding “municipal uses” to the village development site and a table for the conversion factor for bedroom counts. It further defines the standards and special permit process.
Loring Tripp stated that the State’s challenge grant is contingent upon having this bylaw implemented. Mr. Tripp is hoping to schedule meetings with the conservation groups to review the bylaw.
Nicholas Filla moved to close the public hearing; the vote was unanimous (5-0).
Nicholas Filla moved to approve the article as follows, subject to Town Councils review and any non-substantiative changes suggested by Council:
Article VII Section 205-72 Traditional Rural Village Development (TRVD)
A) Intent
The intent of Traditional Rural Village Development (TRVD) is to allow an alternative form of land use development consistent with the design principles of "traditional" neighborhoods and villages. These principles provide the design and development opportunities for diversification and integration of land for residential, retail, restaurant, office, services, community facilities, agricultural, and active and passive indoor and outdoor recreational uses with the protection of environmentally significant land, within close proximity to one another, thereby providing for many of the daily needs of the residents of the neighborhood and village as well as many of the daily needs of other residents living in nearby, established neighborhoods and village areas.
Establishment and Location
A TRVD is allowed by special permit subject to environmental design conditions in a Rural Residential Receiving Area (RRRA) (as described in Section 205.70) of a Rural Residential (RR) District. A TRVD, once established in the grant of a special permit, shall be deemed to overlay the underlying RR District, and the applicant shall have the option of applying the zoning controls set forth in this Section 205-72, notwithstanding any inconsistent controls applicable to the RR District, or complying with all zoning controls set forth in the underlying RR District.
C) Goals
1. To concentrate, to the extent practicable, most of the activities of daily living within a reasonable and enjoyable walking distance, so that everyone, especially the elderly and the young, will have safe and easy access to those activities.
2. To provide a full range of housing types and work places, so that people of varying ages and income levels may be integrated and an authentic village community is formed.
3. To integrate the man-made environment into the fabric of the natural environment by preserving significant natural features, minimizing development envelopes, and providing proper disposal of surface water runoff and effluent discharges.
D) Definitions
Traditional Rural Village Development (TRVD): A mixed-use development consisting of one or more contiguous parcels used for limited commercial development in a residential setting, at a scale sufficiently large to accommodate many of the daily needs of the residents of the RRRA, but not so large as to attract substantial amounts of traffic from non-residents of the RRRA. Parcels within the hereinafter mentioned Master Concept Plan area which are separated by public or private open space and public or private roadways or walkways shall be deemed to be contiguous parcels.
A TRVD shall consist of four Use Areas: Conservancy Areas, Residential Areas, Village Residential Areas, and Village Mixed-Use Areas. These Use Areas are intended to provide the variety of uses necessary for traditional village life, maximizing the interactions among related uses, but minimizing adverse impacts of different uses upon each other. The location of the Use Areas shall be depicted on a Master Concept Plan. Each TRVD shall contain each of the four Use Areas in such locations and sizes as are shown on an approved Master Concept Plan.
E) Use Areas
This section describes the four Use Areas and uses allowed by right in each Use Area. In addition to the uses listed below, the following uses are permitted in all Use Areas: (i) roadways and walkways connecting Use Areas within a TRVD and the TRVD to adjacent land areas; and (ii) utility lines, poles, transformers, water supply and wastewater treatment facilities, and other appurtenances necessary to supply appropriate utility and emergency services to the TRVD and other districts in Plymouth. In addition, all allowed uses, special permit uses and special permit uses subject to environmental design conditions permitted in the Rural Residential (RR) District and under Recreational Development (RD) shall be allowed within a TRVD. The uses listed in Section (I) below are prohibited in all of the Use Areas.
Conservancy Area (CA): A Use Area which provides permanently protected open space and recreation areas, including greens, commons, fields, meadows, water bodies, wetlands, forests, trails, pathways and other parcels used for agriculture, nurseries, or tree farms. CA’s shall be located and integrated throughout the TRVD.
Allowed Uses:
a. Active and passive recreation connected to other areas of the TRVD with a pedestrian pathway system.
b. Open space and conservation land connected to other areas of the TRVD with a pedestrian pathway system.
c. Environmental education centers.
d. Agriculture.
e. Structures which are customarily associated with the above uses, such as greenhouses, clubhouses, maintenance facilities, boathouses, wildlife observation blinds, docks, stables, and uses accessory thereto.
f. Establishment and maintenance of wetlands, wetlands mitigation, and habitat restoration areas.
Residential Area (RA): A Use Area, which provides locations for a variety of housing types, including single-family detached and attached dwellings, located at a distance from the Village Mixed-Use Area.
Allowed Uses:
Residential dwellings, including single-family detached and attached dwellings, at an overall gross residential density of between 1 and 4 dwelling units per acre. Based on the characteristics of the specific Use Area, the Planning Board may increase or decrease the density by 50% (i.e., up to 6 dwelling units per acre).
Single-family dwelling lots.
Accessory residential uses and structures.
Active and passive recreation connected to other areas of the TRVD with a pedestrian pathway system.
Open space and conservation land connected to other areas of the TRVD with a pedestrian pathway system.
Agriculture.
Congregate care facilities, rest homes, convalescent homes, homes for the elderly, nursing homes, elderly housing, and independent living units.
Village Residential Area (VRA): A Use Area which provides locations for a variety of housing types, including single-family attached, townhouses, and multi-family dwellings located at a closer distance to the Village Mixed-Use Area.
Allowed Uses:
Residential dwellings, including single-family attached, townhouses, and multi-family dwellings, at an overall gross density of between 6 and 8 dwelling units per acre of the Use Area. Based on the characteristics of the specific Use Area, the Planning Board may increase or decrease the density by 50% (i.e., between 3 and 12 dwelling units per acre).
Accessory residential uses and structures.
Community gardens or agricultural plots.
Passive and active recreation facilities and community meeting facilities that shall be connected to other areas of the TRVD with a pedestrian pathway system.
Congregate care facilities, rest homes, convalescent homes, homes for the elderly, nursing homes, elderly housing, and independent living units.
Municipal uses and buildings.
Village Mixed-Use Area (VMA): A Use Area which provides for limited retail, service, office, and community meeting facilities customarily associated with traditional neighborhoods and villages. A VMA may also provide locations for a variety of housing types including townhouses, multi-family and second-floor residential uses.
Allowed Uses:
a. Residential dwellings, including townhouses, multi-family dwellings, and dwellings on upper floors of commercial buildings, at an overall gross density of between 6 and 10 dwelling units per acre of the Use Area. Based on the characteristics of the specific Use Area, the Planning Board may increase or decrease the density by 50% (i.e., between 3 and 15 dwelling units per acre).
b. Accessory residential uses and structures.
c. Community gardens or agricultural plots.
d. Passive and active recreation facilities and community meeting facilities that shall be connected to other areas of the TRVD with a pedestrian pathway system.
e. Day care centers, as defined in G.L. Chapter 28A, Section 9, nursery schools, and kindergarten schools.
f. Congregate care facilities, rest homes, convalescent homes, homes for the elderly, nursing homes, elderly housing, and independent living units.
g. Commercial recreation facilities, including theaters.
h. Churches and other places of worship.
i. Convenience retail establishments such as pharmacies with or without drive-through facilities, country stores, and variety stores.
j. Personal service establishments such as barber and beauty shops, laundry and dry-cleaning establishments, tailoring and garment repair shops, fitness centers, and health clubs.
k. Professional and business offices.
l. Restaurants and cafes.
m. Hotels, motels, and other lodging facilities.
n. Financial institutions, including drive-through facilities and automatic teller machines (ATMs).
o. Retail sale of petroleum based fuels, including gasoline, outside of any Department of Environmental Protection Approved Zone II Areas, provided no automotive servicing or repair work is conducted in connection therewith.
p. Municipal uses and buildings.
The uses listed as items (i) through (p) immediately above shall be limited to an aggregate maximum of 60,000 square feet of net floor area, with no one use listed as items (i) through (p) to exceed 25,000 square feet of net floor area. The aggregate and specific maximum square footages set forth in the immediately preceding sentence may, in appropriate cases, be increased or decreased up to 50% by the Planning Board. For purposes of determining density changes, the Planning Board will review impacts on utilities, vehicular and pedestrian circulation, and open space.
F) Dimensional and Other Requirements
Except as specifically provided in this Section (F) or elsewhere in this Section 205-72, the bulk and dimensional requirements, including setbacks and height, for lots and buildings within each Use Area of a TRVD, and the location, size, and other features of parking spaces within a TRVD, shall be as shown or described in an approved Master Concept Plan, notwithstanding any inconsistent provisions of underlying zoning. The following specific dimensional requirements shall apply in all Use Areas:
Single-Family Detached Dwelling Dimensional Requirements (Square Feet) |
Minimum Lot Width |
Minimum Front Yard |
Minimum Side Yard |
Minimum Rear Yard |
50 |
20 |
10 |
25 |
|
|
|
Commercial Use Dimensional Requirements in the Village Mixed-Use Area (Feet) |
Minimum Lot Size |
Minimum Lot Width |
Minimum Front Yard |
Minimum Side Yard |
Minimum Rear Yard |
None |
None |
20 (0 if sprinklers exist) |
10 (0 if sprinklers exist) |
10 |
|
|
|
|
Conversion Factors 1, 2 One Single-Family Lot converts to the following in a TRVD |
One-Bedroom or Studio Attached Dwellings |
Two Bedroom Attached Dwellings |
Three Bedroom Attached Dwellings |
Four-Bedroom Attached Dwellings |
5 |
3 |
2 |
1 |
|
|
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1The provisions of Section 205-71 (Inclusionary Housing) shall apply to only those dwelling units in a TRVD created as a result of the transfer of development rights per Section 205-70.
2 The conversion factors set forth herein may be modified by the Planning Board in the case of dwelling units in which at least one permanent occupant is required to be 55 years of age or older.
G) Master Concept Plan
Each application for a special permit subject to environmental design conditions for a TRVD Master Concept Plan shall include a graphic and narrative description of the entire TRVD, delineating in a general manner the location, size, and boundaries of the entire TRVD. The boundaries of the TRVD shall be based on an analysis of the Natural Features, the Man-Made Features, and the Use Areas of the TRVD.
In reviewing an application for special permit approval of a TRVD Master Concept Plan, the Planning Board shall apply the criteria set forth in this Section 205-72, the special permit criteria set forth in Section 205-9 (B), and the environmental design conditions and standards set forth in Section 205-9 (C).
Natural Features:
The Master Concept Plan shall include a graphic and narrative analysis of the existing site conditions including ponds, streams, wetlands, cranberry bogs, mature forests, natural habitats and wildlife corridors, topography, soils, subsurface hydrology and other natural features. .
The analysis shall delineate land areas suitable for development and areas proposed for preservation and protection, including scenic views from existing traveled ways of natural and man-made features. A conceptual perimeter for the TRVD shall be described graphically and narratively in terms of natural features within the TRVD.
Man-Made Features:
The Master Concept Plan shall include a graphic and narrative analysis of existing man-made conditions including delineation and capacity analysis of roadways and intersections, location of utility lines, drainage easements, structures and any other man-made features, proximity to schools, police and fire stations, and existing commercial uses. The Plan must show existing open space, recreational facilities and pathways located adjacent to the development.
The report shall include a general analysis of the service capabilities of the existing infrastructure and the potential for improvement of same. Land with limited services, or with limited potential for improvement of same, shall not be included in areas identified for development.
Use Areas:
The Master Concept Plan shall delineate in a general manner the location, size, interrelationship and density of the four Use Areas.
Each Use Area shall be described graphically and narratively, depicting the proposed locations of natural areas, open space, roadway hierarchy, residential uses and density, non-residential uses and intensity, utilities, pathways and other information to adequately depict the character of the TRVD.
A TRVD may be developed in phases and may be developed under one or more building permits and occupancy permits. The Master Concept Plan shall include a general description of the anticipated phasing of the TRVD, subject to change as construction and market conditions necessitate. Any violation of the terms of a special permit granted under this Section 205-72 shall apply only to the lot, structure, or use to which such violation can be attributed, and shall not result in a violation by any other lot, structure, or use within the TRVD.
An applicant shall make substantial use of a special permit granted under this Section 205-72 within the later of (i) two (2) years after the grant of the special permit (i.e., filing of the special permit with the Town Clerk), or (ii) final resolution of any appeal of the special permit. It shall be deemed a “substantial use” of a special permit if such applicant obtains a building permit for any Use Area Plan (as defined below) under such special permit within said period.
H) Use Area Plans
Following the issuance of a special permit for a TRVD Master Concept Plan , individual Use Area Plans shall be submitted for site plan approval by the Planning Board. Such Use Area Plans shall show each Use Area, or such portion thereof as the applicant may submit to the Planning Board for review under this subsection (H) from time to time, and the proposed structures, streets, sidewalks, and other features of each Use Area or portion thereof. The Use Area Plans may include alternative plans to be implemented at the discretion of the applicant. The Planning Board shall approve such Use Area Plans provided they satisfy the objectives and standards set forth in this subsection (H) and are substantially in accordance with the Master Concept Plan.
All Use Area Plans shall, as determined by the Planning Board in its review, be encouraged to meet, to the extent feasible, the following objectives:
Planning and Design Objectives
a. To create a distinct physical 'place' surrounded by a greenbelt used for agricultural, recreational, educational, and environmental preservation purposes.
b. To develop a physical 'place' of modest and sustainable size and scale that accommodates and promotes pedestrian travel.
c. To promote traditional village building and site development patterns with an interconnected and broadly rectilinear pattern of streets, alleys and blocks, providing for a balanced mix of pedestrians and automobiles.
d. To provide for the use of housing types of varying density and proximity to the village center for all age and lifestyle groups.
e. To employ architectural and landscape design that results in residentially scaled buildings fronting on and generally aligned with streets.
f. To encourage the creation of a functionally diverse, but visually unified, community focused on a central commons or public space.
g. To promote the use of neighborhood greens, landscaped streets, and boulevards woven into street and block patterns to provide space for social and recreation activities and visual enjoyment.
h. To provide buildings for community, cultural and religious assembly that act as visual landmarks and symbols of identity.
i. To promote the location of dwellings, stores, and other workplaces in close proximity to each other, the scale of which accommodates and promotes pedestrian travel for trips within the community.
j. To seek to reduce the number and length of automobile trips, thereby minimizing traffic congestion, limiting the expenses of road construction, and reducing air pollution.
k. To preserve open space, scenic vistas, agricultural and forest lands, and natural areas.
l. To preserve the quality of all groundwater, surface water and drinking water and to safely dispose of all wastewater.
Overall Design Standards
A hierarchical road system shall connect the RA's, VMA’s and VRA’s. Significant open space features shall be preserved and integrated into the RA’s and CA’s.
In residential areas, building orientation, layout and shapes shall take into account adequate light and air for the building and surrounding buildings; and building design shall provide consideration for adequate privacy by reducing traffic flow through street layouts such as cul-de-sacs, or by screening or planting, or by orienting the structure toward open space or a pedestrian way, or through the arrangement of rooms and design of the front of the building.
Pathways and walkways shall be placed away from roadways to provide safe and adequate passage distinctly separate from the roadway network where suitable, and shall be non-linear in layout where feasible and practical. Links to parking lots, parks, recreation facilities, open space, school, church and commercial developments should be provided. Bicycle lanes are encouraged.
Variations in front yard setbacks are encouraged.
Access Standards
Where the opportunity exists to provide site access by more than one road, the first priority should go to the lesser-capacity roadway to help alleviate traffic congestion and enhance safety, with exceptions made when the Planning Board determines that direct access onto the higher-capacity roadway would promote traffic safety.
More than one direct access approach onto a Major Road may be provided to any individual parcel of record if the Planning Board (a) deems the additional access is significantly beneficial to the safety and operation of the roadway and will reduce traffic safety hazards; or (b) if the topography of the site is such that a portion of the site would otherwise be rendered inaccessible without additional road access.
Access shall be consolidated wherever possible.
Buffer Standards:
a. Where appropriate, natural buffer areas shall be maintained to enhance views, privacy and a rural experience.
b. If no such natural buffer exists or has been removed, then a mounded and landscaped buffer plan may be submitted to the Planning Board for approval.
Utility Standards:
All utilities (except water and wastewater treatment structures and facilities) shall be installed underground.
Road Standards:
Roads are to be designed and located in such a manner as to maintain and preserve natural topography, vegetation, significant landmarks, and trees; to minimize cut and fill; and to preserve and enhance views and vistas on or off the street. Street widths and alignments shall be scaled to neighborhood size and be patterned after the character of traditional rural communities in Southeastern Massachusetts. Streets shall make direct links to existing development to enhance and emphasize the connections between existing and new development.
Surface runoff is to be directed into infiltration-based systems. The use of Low Impact Design standards is encouraged for storm water management.
Bicycle lanes are encouraged.
In reviewing an application for site plan approval of a Use Area Plan, the Planning Board shall apply the criteria set forth in Section 205-32, with the exception that the time period for Planning Board response to the Building Inspector shall be increased from 21 days to 45 days
I) Village Mixed-Use Area Standards:
In addition to the foregoing, all Village Mixed-Use Area Plans shall be encouraged, to the extent feasible, to conform to the following standards:
Architectural Standards
a. Structures shall be a variety of one, one and one-half, two, and two and one-half story buildings. Roof dormers with both shed and gabled elevations shall be used to break down any large continuous expanses of roof surface.
b. All structures shall be constructed with traditional New England building materials, such as brick, cedar shingles, stone, or wood clapboard siding, or Planning Board approved facsimiles thereof.
c. Varied exterior details including, columns, roof soffits, porches, and trim details are required.
d. Exterior colors palette must be pre-approved by the Planning Board.
e. No plate-glass windows shall be allowed, unless combined with mullioned windows.
f. Structures shall exhibit historic, period-style, or otherwise aesthetically pleasing architecture and appropriate materials shall be used to maintain the integrity of the style. These elements shall vary to enhance the sense of a village that has grown with the landscape and the neighborhood.
Landscaping Standards:
a. Every structure shall have a minimum of one large tree (4" caliper) for every 1000 square feet of building area. Trees should be adjacent to the structure.
b. Appropriate under-story plantings and/or lawn areas must be designed by a registered landscape architect.
c. All landscaped areas shall be designed to be drought-tolerant.
Building Standards:
a. Buildings shall have no more than 30% of the total square footage on the second floor.
b. A total maximum square footage for any single structure shall be 20,000 square feet. The Planning Board may approve a structure above the maximum square footage, if the building footprint and exterior elevations are designed to minimize and break down the overall visual mass of the structure and give the appearance of a group of attached smaller scale buildings.
c. Variation in the architecture, front elevations, building setbacks and the exterior details (roofing, siding and trim details) shall be part of the design program to promote a village setting.
d. No building shall exceed 35 feet in height from the average grade to the ridge.
e. Building orientation, layout and shapes shall shall be designed to provide adequate light and air for the building and surrounding buildings.
Sign standards:
a. All Signs, as defined in Section 205-19 (“signs”), shall consist of carved wooden signs or approved facsimiles.
b. Maximum free-standing sign height shall be 8 feet above the driveway and maximum sign area shall be 12 square feet per side (2 side maximum).
c. Maximum size for signs on commercial or retail buildings shall be no more than 5% of the area of the side of the building on which the sign is located.
d. Internally lit or neon signs are not permitted.
e. Sign colors shall be appropriate to the structure and submitted to the Planning Board.
Parking and customer access standards:
a. All parking areas shall be screened from the primary street by mounding and/or landscaping.
b. Parking may also be accommodated on streets and in courtyards in the rear of the shops.
c. No more than 12 parking spaces shall be laid out in a continuous row unless interrupted by an 8 foot wide landscaped island or equivalent landscaping divider approved by the Planning Board.
d. Customer access areas must include a combination of walkways and landscaping. The walkway and landscaping shall be designed to encourage the use of the walkways.
e. The number of parking spaces required may be reduced up to 50% by the Planning Board.
f. Off-street parking spaces may be perpendicular, parallel or angled.
g. Parking areas may consist of pervious or impervious surfaces.
h. Parking spaces shall not be less than 8 feet by 17 feet in size.
i. Multiple, shared driveways are encouraged.
Deliveries and Trash Removal Standards:
a. All delivery and loading areas and all trash receptacles shall be screened from view of the primary street and any dwellings.
Creation of Lots; Subdivision
Notwithstanding anything to the contrary in the Zoning Bylaw, lots within a TRVD may include more than one building. As part of (or prior to) the Master Concept Plan filing, an applicant for a special permit under this Section 205-72 shall submit to the Planning Board proposed Subdivision Rules and Regulations that will apply to and govern development in the TRVD (and may vary existing Rules and Regulations that would otherwise be applicable), for review, approval, and enactment by the Planning Board. Such proposed Subdivision Rules and Regulations shall be consistent with the intent and goals of this Section 205-72.
Residential dwelling units created in a TRVD shall be exempt from the limitations set forth in Section 205-11 and Section 205-68 of the Zoning Bylaw.
The original party to which a TRVD special permit is granted, its successors and assigns, may petition the Planning Board for amendments to the special permit from time to time notwithstanding separate ownership of any portion of the area covered by the special permit, and the special permit shall recite this provision as well as related procedural matters.
K) Waivers
Waivers with respect to the standards set forth above, or in any other section of the Zoning Bylaw which may be incorporated by reference into this Section 205-72, may be authorized by the Planning Board in the special permit approval of the TRVD, or in the site plan approval of any Use Area, upon a demonstration that the proposed waiver(s) are of high standards and that any departure from the general criteria will not violate the intent of the Zoning Bylaw.
L) Prohibited Uses
The following uses are prohibited in a TRVD:
a. Wholesale sales or bulk storage of petroleum based fuels, including but not limited to home heating oil, diesel fuel, kerosene or gasoline; sales, services, rentals, repairs, storage or salvage of motor vehicles, recreational vehicles, or other gasoline or diesel powered engines, motors, or generators major automotive garages, body shops, any garage conducting repairs out of doors, tire recapping and retreading; automobile salvage yards; trucking and freight terminals;
b. Exterior storage of products or merchandise in substantial quantities; exterior storage of junk, scrap, salvage, any secondhand materials; exterior storage of bulk petroleum products; interior storage or transmission of refined petroleum products in such a way that rupture of the storage tank will result in direct leakage into the ground; disposal of liquid or leachable wastes, including land filling of sludge and septage; use of septic cleaners containing toxic organic chemicals; open or leachable storage of road salt or deicing chemicals; use of sodium chloride for ice control; disposal or stockpiling of snow or ice from outside the property; storage, generation, treatment or disposal of hazardous wastes; production, manufacture, or warehousing of hazardous or toxic substances;
landfills or open dumps; storage of commercial fertilizers except in an approved storage structure; storage of animal manure unless contained; storage of any products, materials, or vehicles in connection with manufacturing or commercial uses not on the property;
c. Drive-in movie theaters; massage parlors; casinos; betting establishments, gaming establishments (except for the sale of government sponsored lottery or gaming programs) and racetracks and firing ranges;
d. Adult uses, including adult book stores, adult motion picture theaters, adult dance clubs, adult paraphernalia stores, adult video stores and other such uses under G.L. c. 40A § 9A; adult dance clubs, including entertainment establishments allowing one or more individuals to perform the state of nudity, as defined under G.L. c. 272 §31
The vote was unanimous (5-0).
Loring Tripp informed the Board that the appraisal has been completed on the County Wood lot. The Board would like to schedule an informal discussion with the County Commissioners regarding their holdings in the Town.
Minutes:
January 31, 2005
Larry Rosenblum moved to approve the minutes of January 31, 2005 as presented; the vote was (4-0) with Paul McAlduff in abstention as he was not present at the meeting.
Administrative:
B437 - Pinehills
Larry Rosenblum moved to release lot 10-393; the vote was unanimous (5-0).
Larry Rosenblum informed the Board that there will be a presentation on March 14, 2005 of the Chapter 40R legislation.
Malcolm MacGregor moved to adjourn at 10:40 p.m.; the vote was unanimous (5-0).
Respectfully Submitted,
Eileen M. Hawthorne
Administrative Assistant Approved on:________________
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