Planning Board Meeting
March 21, 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 arrived at 7:45 p.m.
Staff Members: Lee Hartmann and Valerie Massard
Recording Secretary: Eileen Hawthorne
B495 – Camelot Industrial Park – Section III
Larry Rosenblum moved for the Board to endorse the plan, sign the covenant, and approve A4140 (see below) for Mary B. Lane; the vote was unanimously (5-0).
Form A’s:
A4140 – Map 83, Lots 13-5 through 13-13 – Lot line adjustments to create lots 13-19 through 13-27.
Public Hearing
B437 – Pinehills Modification – Clam Pudding
Loring Tripp, III read the public hearing notice and opened the public hearing.
John Judge reviewed the proposed Modified Definitive Subdivision Clam Pudding at Pinehills. The plan details the proposed road and defined an easement for New Bedford Gas & Edison Light Company. The road would run parallel to the easement.
Nicholas Filla questioned the road name of “Clam Pudding” and whether it should have an addendum.
John Judge replied that many of the roads in Pinehills have no addendum and “Clam Pudding” is consistent with other road names.
Larry Rosenblum questioned what the constraints of the easement are for use and who would maintain and landscape.
John Judge stated that power line easement is used and maintained by the power company. They patrol and maintain and clear any brush or debris.
Malcolm MacGregor moved to close the public hearing; the vote was unanimous (5-0).
Paul McAlduff moved to approve the modified subdivision plan for Clam Pudding; the vote was unanimous (5-0).
Public Hearing
B437 - Pinehills Modification – Boulder Ridge
Loring Tripp, III read the public hearing notice and opened the public hearing.
John Judge reviewed the plan for Modified Definitive Subdivision Kettle View at Pinehills. Kettle View was originally designed with a turnaround at the end with a shared driveway to access three lots. The revised plan shows a 100-foot road off the turn around as access for the three lots.
Larry Rosenblum questioned whether the road compromises the turn around.
John Judge stated that the plan was reviewed by the Fire Chief and he was in support.
Nicholas Filla requested that the duplication of addendums to the road names be removed.
Nicholas Filla moved to close the public hearing; the vote was unanimous (5-0).
Paul McAlduff moved to approve the modified subdivision plan for Kettle View subject to the removal of the duplicate road designations on Boulder Ridge and Stonebridge Road; the vote was unanimous (5-0).
Public Hearing (cont.)
B526 – Fotiades – Alpine Road
Valerie Massard informed the Board that staff received additional information from DPW on Friday, March 18, 2005 and has not had sufficient time to review. The DPW is recommending improvements to Alpine Road to include paving and widening. DPW has also requested more information as to site distances at the intersection.
Mark Flaherty, Flaherty & Stefani, Inc., stated that several of the Board members had visited the site and reviewed the safety issues. The Board agreed that the road needs improvements. Mr. Flaherty has requested a meeting with the Town Engineer and George Crombie, the DPW director to review their concerns to no avail. Mr. Flaherty requested that staff coordinate a meeting with DPW and the Town Engineer.
Valerie Massard stated that Saeed Kashi and George Crombie have conducted site visits. The recommendations that staff received are somewhat vague.
Loring Tripp suggested sending a memo to Mr. Kashi and Mr. Crombie to inform them of the date and time certain for the continuance of this public hearing and the hearing for Black Cat Estates with a request for a resolution of the outstanding concerns of the Board.
Paul McAlduff stated that he has a meeting with Mr. Crombie on Thursday.
Larry Rosenblum asked if Mr. Flaherty had drawn any of the alternatives suggested by the Board. Mr. Rosenblum offered to participate in the discussions with DPW and the Engineers.
Mr. Flaherty was planning to meet with DPW and show them overlays of the current plan.
Nicholas Filla moved for a letter to be sent to Mr. Crombie and copied to the Town Manager regarding the Board’s need for information within the statutory time limits.
Paul McAlduff moved to continue the public hearing to April 11, 2005 at 7:00 p.m.; the vote was unanimous (5-0).
Public Hearing (cont.)
B527 – Fotiades – Black Cat Estates
Mark Flaherty requested that the Board continue this public hearing until after the meeting with DPW and the Engineers.
Paul McAlduff moved to continue the public hearing to April 11, 2005 at 7:00 p.m.; the vote was unanimous (5-0).
Lee Hartmann requested that the Chair sign a letter from the Board to the State delegation in support of the Chapter 40R Smart Growth Education Funding Supplement. The letter also requested that the delegation oppose the Governor’s proposal to shift $10 million from the Community Preservation Act to the Smart Growth Housing Trust fund. Mr. Hartmann also presented a letter to the Federal delegation to oppose the elimination of the Community Development Block Grant program.
Larry Rosenblum moved for the Chair to sign both letters; the vote was unanimous (5-0).
Mr. Hartmann informed the Board that the Town has received a $15, 000 grant to be matched by A.D. Makepeace to have Goody, Clancy Associates work with the Town on the implementation of the TDR and the receiving areas such as commercial zones, Cordage Park, etc.
BOA 3282 – Viking Acquisitions LLC
Long Pond Road/Special Permit for restaurant
Atty. Edward Angley, began the continued presentation for a special permit in order to construct a restaurant/retail building on Map 89, Lot 52. At a previous meeting, the Board requested that the applicant look into constructing a tiered wall instead of a vertical wall at the rear of the property. Atty. Angley submitted a letter from PaveStone stating that the vertical wall is preferable due to its superior strength.
Bob Sanda, BSC Group, reviewed plans for the three-tiered wall. The second tier would tie into the wall on the adjacent hotel site. The tiered system would encroach on the wetland area. Also, the cost of the tiered wall would be much more expensive than the vertical wall.
Ron Mueller, Traffic Engineer, stated that Saeed Kashi, Town Engineer, recommended that the site have a single driveway with right turn only and a dedicated right turn only lane into the site. Mr. Kashi also suggested a cross connection to the Olive Garden site. Mr. Mueller stated that the Olive Garden site had already been approved by the Zoning Board of Appeals and no cross connection was provided. Mr. Mueller also stated that limiting the site to right turn only access, would not work, as people would have to make U turns at the lights, which are prohibited. The traffic lights could be programmed to allow for left turn access and egress.
Nicholas Filla felt that to develop this site as planned would create a hazard.
Loring Tripp suggested that the applicant consider swapping land from the rear of the Home Depot site for this parcel and also suggested constructing the Friendly’s on the hotel site.
Paul McAlduff and Malcolm MacGregor agreed with the suggestion of adding Friendly’s to the Home Depot area.
Nicholas Filla moved to recommend to the Zoning Board of Appeals the following:
The requests for the following: (a) Special Permit for retaining walls per Section 205-18.D; (b) Special Permit for moving gravel from one lot to another per Section 205-56-2-(1) subject to Environmental Design Conditions (EDC); and (c) Variance of front yard setback per Section 205-56 and/or Special Permit subject to EDC per Section 205-9C(6), be DENIED for the following reasons:
The proposed use (restaurant/commercial) is appropriate in the Highway Commercial zone; however, the proposed use is over-burdening the site in question.
Adequate and appropriate access to the site will not be available for proper operation of said use, and there will be a hazard to vehicles and to pedestrians navigating the sidewalk on Long Pond Road at this location and within the site. The following issues have not been satisfactorily addressed:
The Town Engineer and Earth Tech are concerned about adequate capacity and sight distances on Long Pond Road especially with regards to left turns into and out of the site. The Town Engineer is recommending no left turns out of the site; no left turns into the site unless a left-turn lane is constructed on the northbound side of Long Pond Road to reduce the potential for vehicular accidents as north-bound vehicles attempt to make a left turn into the site within 500 feet of a signalized intersection, and construction of a dedicated right-turn lane for the site on the southbound side of Long Pond Road. None of these improvements are depicted on the site plans. The petitioner states that as proposed, left turns out of the site would be dependent on gaps in the flow patterns on Long Pond Road created by the signals at Home
Depot Drive and Shops at 5 Way intersections north and south of the site.
Earth Tech and the petitioner’s engineer are recommending one entrance/egress at the northerly end of the site and one separate right-turn-only egress from the site on the south end in order to facilitate vehicular and pedestrian flow within the site; however, the Town Engineer will allow only one driveway (curb cut), and only if the preceding conditions are met. The petitioner states that as proposed, left turns out of the site will at times be delayed longer during some peak periods due to the queue at the Long Pond Road and Shops at 5 Way intersection. Traffic flow within the site will not be adequate with only one curb cut and the proposed reduction in parking requirements for the proposed uses.
The retaining wall design was submitted on March 21, 2005 to the Planning Board, which does not allow for an opportunity for peer-review of the proposed structure or of the proposed guardrail/fence design to prevent vehicular accidents at the interface with the top of the wall on the site. The Planning Board finds that there is dangerous potential for accidents on the site with respect to the wall.
There will be a nuisance to the neighborhood. The Town Engineer states that the future roadway capacity of Long Pond Road will decrease due to the potential developments within the corridor, and a right-turn lane into the site is needed to offset impacts from this proposed use; however, none of the requested improvements in the Town Engineer’s correspondence are shown on the plans to address traffic safety and flow.
The request for a Special Permit to modify the off-street parking requirements per Section 205-23-A-3 be DENIED for the following reasons:
The Town of Plymouth Zoning Bylaw (the “Bylaw”) requires 103 parking spaces for the proposed structures. The petitioner is proposing 68 spaces, a difference of 35 spaces, or a 34% reduction in required spaces. At this time, no proposal to mitigate for the parking, such as additional landscaping materials, nor any information regarding anticipated parking conditions (such as staggered hours of operation for the retail building vs. the restaurant) has been received from the petitioner.
Per Section 205-23-A-3, the Board of Appeals may, on reference from the Building Inspector, grant a special permit making such modifications in the off-street parking standards or prescribe safeguards and conditions as it shall warrant appropriate provided that it finds that it is impractical to meet the standards and that such modifications are appropriate by reason of the proposed use and will not result in or worsen parking or traffic problems in the district. The Board may also impose conditions of use or occupancy appropriate to such modifications. The petitioner has not provided adequate information to satisfy such a finding by the Board of Appeals.
The Planning Board encourages the petitioner to continue to examine alternatives to the proposed access, such as: shared access with either the Linchris Hotel (to be constructed on the easterly lot) or the Olive Garden site (to be constructed on the westerly lot); or master planning the Holman Road and Home Depot commercial subdivisions to allow for a possible loop road connector which would direct left-turns out of the two subdivisions via the Home Depot and Long Pond Road signalized intersection, including swapping use of land within the Home Depot subdivision and this parcel to allow for a more suitable location for the development.
The vote was (4-0) with Loring Tripp in abstention.
Presentation:
Jordan Hospital Master Plan
Atty. Alan Costa, representing Plymouth DOB LLC, began the presentation for a proposed medical office building on the Jordan Hospital site.
Alan Knight, reviewed the long term plans for the Hospital site. The new hospital wing is currently under construction and may be open in the fall. The 39 acre site will include the following: a new connector road to Obery Street, 500 new parking spaces, and a medical office building. Possible expansion may include an addition to the newest wing of the Hospital, a parking deck over the lower parking area and an addition to the medical office building.
The medical office building will be constructed on leased, land and the architecture and materials have yet to be approved by the Hospital. Construction may start in the fall and be completed in approximately one year.
Lee Hartmann and the Board were supportive of the Hospital’s expanding facility. It is a great asset to the Town.
The Board suggested that the Hospital maintain Fugazzi Field as open space and that more landscaping be added to buffer the lights and buildings from the adjacent neighborhoods.
Alan Knight stated that with the warm weather, more landscaping would be installed.
The Board took a five-minute recess.
Administrative:
Planning Website Presentation
Lee Hartmann gave a presentation of the Planning Department’s website. The site includes the mission statement, postings of the minutes and agendas, staff information, links to informational documents and forms, etc.
The Board suggested adding a tracking of how many hits on a particular piece of information, adding links to State and GIS information, Steering Committee information, information about open space that is available for use by the residents.
Fall Town Meeting Zoning Workshop
Lee Hartmann presented a list of items that have been suggested by the Board for Fall Town Meeting. Mr. Hartmann recommended that the Board pursue the Transfer of Development Rights including a Chapter 40R component, updating of the Aquifer Protection District, and age restricted development. Mr. Hartmann has been contacted by a resident to look at the rezoning of Obery Street and suggested that the Board reconstitute the Obery Street Master Planning Commmittee and authorize staff to advertise for committee members.
Nicholas Filla suggested that the Board define a mission statement and goals for the committee.
Paul McAlduff requested that the Board look at the Parking Fees.
Mr. Hartmann felt that a review of the parking fees would take a lot of research and may not be feasible for fall town meeting.
Loring Tripp suggested that one of the request for next spring’s town meeting should be to increase the staff in the Planning Department. The increased fees collected by the department should warrant an increase in staff.
Lee Hartmann stated that we did ask this year for a part-time clerical position and a planner, which were not funded. The department did receive $3,000 for consulting fees.
Valerie Massard informed the Board that Town Council has reviewed the request for the Ponds at Plymouth to use a portion of the gift funds for road repairs. Council has determined that a portion of the funds could be released in the form or a grant to Pulte Homes. The grant would require approval by the Board of Selectmen. The request is for approximately $130,000 to clean and flush the drainage system.
Nicholas Filla moved for the Board to present the request to the Board of Selectmen for approval; the vote was unanimous (5-0).
Minutes:
Minutes of March 14, 2005
The Board requested that action on the minutes be postponed until next week.
Paul McAlduff moved to adjourn at 8:50 p.m.; the vote was unanimous (5-0).
Respectfully Submitted,
Eileen M. Hawthorne
Administrative Assistant
| 
