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Planning Board Minutes May 9, 2005
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Planning Board Meeting
May 9, 2005
Minutes
These minutes are not verbatim
Board Members: Loring Tripp, III, Nicholas Filla, Malcolm MacGregor, and Paul McAlduff.
Planning Board Alternate: William Keohan
Staff Members: Lee Hartmann and Valerie Massard
Recording Secretary: Eileen Hawthorne
Form A#4144 Paul McAlduff moved for the clerk to sign the plan; the vote was unanimous (4-0).
B518/VOSD/ANR Paul McAlduff moved for the clerk to sign the plan; the vote was unanimous (4-0).
#4145 Paul McAlduff moved for the clerk to sign the plan; the vote was unanimous (4-0).
Endorsements
B437 Malcolm MacGregor moved for the Board to endorse the definitive subdivision plan; the vote was unanimous (4-0).
Village at Sawmill Woods Malcolm MacGregor began the discussion on Town Meeting, Article 35, concerning the rezoning of Lots 4, 5, & 6 on Map 73. The developer has verbally agreed to develop 60 lots if the rezoning is approved at Town Meeting. Mr. MacGregor suggested recommending approval of the rezoning to Town Meeting subject to a Memorandum of Understanding (MOU) that the developer will develop 60 lots with 10 percent affordable housing.
Lee Hartmann suggested that if the MOU is not received by the beginning of Town Meeting on Monday May 16, 2005, the rezoning article could be delayed until the Fall Town Meeting.
Paul McAlduff felt that as the developer would be subject to the 10 percent inclusionary housing, it was a good idea to support the rezoning.
Loring Tripp was not in favor of changing the vote. Mr. Tripp suggested that the developer consider a Transfer of Development Rights for the property.
Malcolm MacGregor stated that he would prefer not to make a motion to support the rezoning until there was a full Board.
Paul McAlduff stated that the neighbors brought the petition to rezone, not the developer. The original plan was for 80 units but, now it has been decreased to 60 units with 10 percent affordable.
Loring Tripp felt that the neighbors petitioned for Town Meeting to consider the rezoning as an alternative to the proposed 240-unit Chapter 40B project.
Nicholas Filla stated that the project started at 80 units, increased to 240 units, and decreased to 60 units which was a good compromise. Mr. Filla suggested that the Board could consider an MOU relative to a recreational development of 60 units with a Special Permit in order to provide more open space and protection of the resources and wildlife.
Paul McAlduff moved to recommend support of the rezoning at Town Meeting; the vote was (2-1) with Loring Tripp in opposition and Nicholas Filla in abstention.
Public Hearing (cont.)
Fotiades/Alpine Road
William Keohan, Planning Board Alternate joined the Public Hearing as Mr. Rosenblum was absent.
Atty. Robert Betters reviewed the plans to create five residential lots out of 50 existing lots with improvements to Alpine Road and Upland Road. The applicant would improve the sight distances in the area, has agreed to pave a portion of the intersection, would contribute land donations to the Town, install speed limit signs, contribute $2,000 per lot (to be paid in a lump sum at the time of endorsement) to study the intersection improvements. The applicant is not in support of the roundabout suggested by the Town Engineer or paving of Alpine Road, he would prefer that the plan be denied if they are required. The applicant feels that paving would have a negative impact on the drainage for the area.
Lee Hartmann stated that the pavement of Alpine Road, the width of the roads and the roundabout are the outstanding issues. The Town Engineer felt that $2,000 per lot would not be sufficient for the study and that they are not equipped to do the work.
Nicholas Filla suggested making a four-way intersection with Little Sandy Pond Road, Upland Road, Alpine Road and the new road. This would make a right angle for turning.
Mark Flaherty stated that he took a look at the proposal to swing Little Sandy Pond Road into the new road, but that they have not contacted the people that have rights over Little Sandy Pond Road, which is a private road. He stated that the four homeowners that would be effected would have to agree with the road design.
Paul McAlduff felt that the engineering of the roundabout in this location was excessive. Mr. McAlduff suggested that one of the roads be closed.
Atty. Betters stated that the roads are private ways and any changes would effect the residentNicholas Filla moved to close the public hearings for Alpine Road and Black Cat Estates; the vote was unanimous (5-0).
Nicholas Filla moved to approve the Modification of a Definitive Subdivision Plan and Adequate Facilities Special Permit subject to the following:
GRANTING OF WAIVERS
As part of the subdivision approval the Planning Board granted the following waivers.
Section 221 Street Layout Plans. Alpine Road is to remain private; layout plans will not be required; however, as-built plans are not waived.
Section 307.3 Minor Street. Alpine Road with its proposed eighteen (18Section 308.7 Private Streets Prohibited: Alpine Road will remain a private road.
Section 310: Grade: Alpine Road is to be re-shaped, but no change in grade is proposed.
Section 313 Drainage: There are several locations located in this area where snow removed from the roadway can be placed. The drainage has been designed to meet the Town Engineering standards for a gravel road. The Planning Board waives the need for a three-foot Section 316: Water Supply: There is no Town water in the area.
Section 405: Construction: The proposed improvements consist of an eight (8Section 406 Curbing: With Alpine Road being graveled there is no need to construct any berms or curbing.
Section 407 Sidewalks and Grass Plots: Sidewalks or grass strips are not required, as none are existing in the area.
Section 410 Street Lights: Street lights are not shown but photosensitive post lamps are to be provided. These shall be shown on a final landscape, signage and lamppost plan which will be submitted to the Planning Board for approval.
Section 411 Street Trees and Landscaping: The roadway and drainage system has been designed to minimize the disturbance of natural features and thus no further plantings are necessary. The site is already heavily forested.
Section 422 Fire Alarm Boxes: The fire alarm system does not extend to this section of Town.
APPROVAL OF THE SPECIAL PERMIT FOR ADEQUATE FACILITIES:
The granting of the Special Permit under Section 205-67B of the Bylaw for Adequate Facilities is based on the following reasons, and is subject to the conditions noted below:
Residential use is allowed by right in the R25 Zoning District.
Adequate and appropriate facilities will be provided for the proper operation of the subdivision. The site will be accessed off Alpine Road. Sufficient improvements are proposed to the roads within the subdivision. Sight distances will be adequate, and the increase in traffic at affected intersections and the resulting increase in delay are insignificant. The total volume of anticipated vehicles (existing and proposed) will not be greater than the capacity of the public ways in the area. Adequate water and wastewater are to be provided, as specified above.
GRANTING OF THE SPECIAL PERMIT AND REQUESTED WAIVERS from the CONDITIONS:
The Applicant agrees to waive his right to further subdivide the lots shown on the definitive subdivision plan, pursuant to the provisions of Massachusetts General Laws, Chapter 41, through a deed restriction on the lots, and this shall be noted on the plan. The term "subdivided" shall include the process of division of the lots into parcels by means of a plan not requiring approval under the subdivision control law. Notwithstanding this provision, the Planning Board may endorse the relocation of any lot lines when consistent with the intent and purpose of this restriction. Said restriction shall be in place prior to the issuance of building permits.
Conditional upon the payment of the back taxes, interest and fees owed to the Town for the land shown on the definitive subdivision plan. Verification of payment is to be provided to the Planning Board prior to endorsement of the definitive subdivision plan.
The minimum traveled way width shall be eighteen (18Prior to the issuance of a building permit, the Applicant has agreed to offer land to the Town of Plymouth at the intersection of Little Sandy Pond Road and Alpine Road for the purposes of improving that intersection, as shown on plans submitted to and approved by the Planning Board.
The Applicant has also agreed to donate to the Town of Plymouth the sum of $2,000.00 for each approved building lot shown on the definitive subdivision plan to be used for the study, design and implementation of roadway or other improvements to or in the vicinity of that intersection, such payment to be made in a lump-sum amount at or prior to endorsement of the definitive subdivision plan.
In addition, the Applicant must design and pay for road improvement mitigation and related inspection costs and legal fees associated with said improvements, which will primarily focus on re-aligning Little Sandy Pond Road from the James Parcel (Lot 74A shown on the Plan) to the new intersection with Black Cat Lane and the installation of traffic related signage. The applicant agrees to pay the costs of the mailing and notification of the neighbors of the future Planning Board public meeting when said road improvements are to be reviewed.
Prior to issuance of a building permit, the Applicant has agreed to offer the following parcels of land shown on Plat 56 of the Plymouth AssessorsPrior to endorsement of the definitive subdivision plan, the plan will be revised to detail the conditions of the approval, as needed, and notes specifying the conditions will be incorporated into the plan or the decision will be recorded at the Plymouth County Registry of Deeds with the plan. The Applicant shall provide revised drainage calculations, drainage structure details, and shall address the concerns of the Town Engineer, Fire Chief and the Planning BoardPrior to issuance of a building permit the Applicant shall return to the Planning Board with an evaluation of a self-contained and reasonably priced residential sprinkler system for the dwelling units at this site, or an alternative recommendation, subject to approval by the Planning Board.
The Planning Board notes that the proposed roadway with waivers is not built to the standards of the Subdivision Rules and Regulations, and the Applicant therefore should not expect that the road will be accepted by the Town as constructed through this approval.
Prior to the issuance of an occupancy permit, the Applicant shall provide a final landscape, signage and lamppost plan which will be submitted to the Planning Board for approval.
Prior to the issuance of a building permit, evidence that the following have been recorded with the Plymouth County Registry of Deeds shall be provided:
The Subdivision Covenant for the definitive subdivision plan; and
The Special Permit decision.
CONDITIONS OF THE MODIFICATION AND APPROVAL OF THE DEFINITIVE PLAN:
The Applicant agrees to the endorsement of the plans and profiles within 120 days from the date of approval, or in the case of an appeal, endorsement of the plans and profiles within 120 days of the settlement of an appeal.
Conditional upon the provisions of a performance guarantee in the form of a covenant duly executed and approved, to be noted on the plans and recorded with the Plymouth County Registry of Deeds. Said form of guarantee may be varied from time to time by the Applicant with mutual agreement on the content of said guarantee by the Applicant and Planning Board without amendment or modification of this approval.
The Applicant agrees to complete all ways and the installation of all municipal services in accordance with the applicable rules and regulations of the Board within two years from the date of endorsement. Upon a finding by the Planning Board that the construction of all ways and the installation of all municipal services has not been completed with two years, the approval of the plan shall be automatically rescinded.
The Applicant agrees that he will guarantee to protect, repair, replace, and where necessary, and upon written acceptance by the Planning Board, redesign the works constructed and submit revised plans and profiles for the Planning Board's approval and for recording at the Plymouth County Registry of Deeds so that said works actually carry out the purposes for which they were intended. Said repair, replacement, or redesign will be based upon experience in the field, which demonstrates the existing construction and/or design to have been improperly installed or wholly inadequate.
The vote was 5-0.
Public Hearing (cont.)
Fotiades/Black Cat Estates
Nicholas Filla moved to approve (as mentioned above) the Definitive Subdivision Plan; Special Permit for Adequate Facilities and Village Open Space Development subject to the following:
Conditions of the Special Permit for Adequate Facilities:
Granting of Waivers
Due to the common driveway nature servicing these four (4) lots, the Planning Board grants the following waivers:
Section 221 Street Layout Plans. Black Cat Lane is to remain private; however, as-built plans are NOT waived.
Section 307.3 Minor Street. Black Cat Lane with its eighteen (18Section 308.7 Private Streets Prohibited: Black Cat Lane will be a private driveway and will not meet the public standards as part of the VOSD.
Section 310 Grade. To allow the grade of this common driveway to have a 12% slope rather than maximum allowed on a minor street of 10%. The grade will allow for fewer disturbances of natural features. Similarly, the vertical curves specified under the also requested to waive to allow for better blending into the natural contours.
Section 311.1 Dead End Street: Black Cat Lane has a length of approximately 615 feet. The topography and the siting of houses necessitate this length. Around the turnaround itself the grade will not be greater than 3%. To the extent that the emergency access proposed for the subdivision, as shown on the definitive plan, may be deemed not to conform to the requirements of Section 311 of the Subdivision Rules and Regulations, the applicable requirements of Section 311 are hereby waived.
Section 313 Drainage: There are several locations located throughout the VOSD where snow removed from the roadway can be placed. The Planning Board waives criteria of Paragraph 6 and 7 as strict adherence will reduce the effective open space and result in additional tree removal for this VOSD driveway/roadway.
Section 406 Curbing: To allow bituminous concrete Cape Cod berms of twelve (12Section 407.1 Sidewalks: No sidewalks are required. A four (4Section 408 Slopes and Walls: To allow 2:1 cut slopes and 3:1 fill slopes will reduce disturbance of natural features.
Section 410 Street Lights: Street lights are not shown but photosensitive post lamps are to be provided. These can be shown on a final landscape, signage and lamppost plan which will be submitted to the Planning Board for approval.
Section 411 Street Trees and Landscaping: The roadway and drainage system has been designed to minimize the disturbance of natural features and thus no further plantings are necessary. The site is already heavily forested.
Section 422 Fire Alarm Boxes: The fire alarm system does not extend to this section of Town.
APPROVAL OF THE SPECIAL PERMIT FOR ADEQUATE FACILITIES:
The granting of the Special Permit under Section 205-67B of the Bylaw for Adequate Facilities is based on the following reasons, and is subject to the conditions noted below:
Residential use is allowed by right in the R25 Zoning District.
Adequate and appropriate facilities will be provided for the proper operation of the subdivision. The site will be accessed off Little Sandy Pond Road. Sufficient improvements are proposed to the roads within the subdivision. Sight distances will be adequate, and the increase in traffic at affected intersections and the resulting increase in delay are insignificant. The total volume of anticipated vehicles (existing and proposed) will not be greater than the capacity of the public ways in the area. Adequate water and wastewater are to be provided, as specified above.
GRANT THE VOSD SPECIAL PERMIT BASED ON THE FOLLOWING REASONS:
The GRANTING of the Special Permit per Section 205-66 of the Bylaw for VOSD for a total of four (4) new single-family lots on the land in question is based on the following reasons, and is subject to the conditions set forth below:
The proposed use is appropriate in the R25 zone and site in question because the area is zoned for single-family dwellings. Single-family dwellings are proposed. There is adequate area and dimensions to construct dwellings.
There are or will be adequate and appropriate facilities in place for the proper operation and use of the lots for dwellings.
The new lots will not create a hazard for pedestrians or vehicles. The Applicant has offered to contribute $2,000.00 per lot for intersection improvements.
There will be no objective nuisance or adverse effect upon the neighborhood. The proposed development is consistent with the Bylaw.
The proposed VOSD plan is superior in design and land use to a conventional subdivision. In addition, 116,050 square feet of open space will be created. The proposed plan is superior to a standard subdivision, which is shown as potentially creating buildable lots with no open space. The open space will be permanently restricted through Protective Covenants and Restrictions imposed by Applicant limiting the use of such open space to conservation and recreational walking trails and footpaths.
The proposal meets the criteria in the Intent clause of the zone and is an appropriate location for the subdivision. The objectives of the VOSD zone are to permit residential development consistent with the TownAdequate and appropriate facilities will be provided for the proper operation of the use. The means of ingress and egress to the site will facilitate traffic circulation, there will be no adverse impact relative to drainage runoff or structures, and when the subdivision is completed, all necessary facilities will be provided.
There will be no hazard to pedestrians or vehicles and adequate facilities will be in place to serve the proposed development.
There will be no nuisance or adverse effect upon the neighborhood and there is substantial natural vegetation that will remain on the site, which will serve to buffer the subdivision from existing dwellings.
THE GRANTING OF THE SPECIAL PERMITS AND THE REQUESTED WAIVERS from the CONDITIONS:
The Applicant agrees to waive his right to further subdivide the lots shown on the definitive subdivision plan, pursuant to the provisions of Massachusetts General Laws, Chapter 41, through a deed restriction on the lots, and this shall be noted on the plan. The term "subdivided" shall include the process of division of the lots into parcels by means of a plan not requiring approval under the subdivision control law. Notwithstanding this provision, the Planning Board may endorse the relocation of any lot lines when consistent with the intent and purpose of this restriction. Said restriction shall be in place prior to the issuance of building permits.
The Applicant agrees to attend a pre-construction meeting, and to stake the open space in the vicinity of construction to the satisfaction of the Planning Board, prior to the start of any earth work at the site.
The minimum traveled way width shall be eighteen (18The subdivision name Prior to the issuance of a Building Permit, the Applicant has agreed to offer land to the Town of Plymouth at the intersection of Little Sandy Pond Road and Alpine Road for the purposes of improving that intersection, as shown on plans submitted to the Planning Board.
The Applicant has also agreed to donate to the Town of Plymouth the sum of $2,000.00 for each approved building lot shown on the definitive subdivision plan to be used for the study, design and/or implementation of roadway or other improvements to or in the vicinity of that intersection, such payment to be made in a lump-sum amount at or prior to endorsement of the definitive subdivision plan.
In addition, the Applicant must design and pay for road improvement mitigation and related inspection costs and legal fees associated with said improvements, which will primarily focus on re-aligning Little Sandy Pond Road from the James Parcel (Lot 74A shown on the Plan) to the new intersection with Black Cat Lane and the installation of traffic related signage. The applicant agrees to pay the costs of the mailing
and notification of the neighbors of the future Planning Board public meeting when said road improvements are to be reviewed.
Conditional upon the payment of the back taxes, interest and fees owed to the Town for the land shown on the definitive subdivision plan, if any. Verification of payment is to be provided to the Planning Board prior to endorsement of the definitive subdivision plan.
Prior to endorsement of the definitive subdivision plan, the plan will be revised to detail the conditions of the approval, as needed, and notes specifying the conditions will be incorporated into the plan or the decision will be recorded at the Plymouth County Registry of Deeds with the plan. The Applicant shall provide revised drainage calculations, drainage structure details, and shall address the concerns of the Town Engineer, Fire Chief and the Planning BoardPrior to issuance of a building permit:
The Applicant shall return to the Planning Board with an evaluation of a self-contained and reasonably priced residential sprinkler system for the dwelling units at this site, or an alternative recommendation, subject to approval by the Planning Board.
The Applicant agrees to record a Restrictive Covenant detailing the creation of a homeowner's association, and to provide by way of easement by deed or through a separate covenant the grant of any such land or easements conveying such required drainage facilities and appurtenances, drainage lots, open space and roadway areas to be maintained by the homeownerThe Applicant agrees to provide a maintenance program for stormwater facilities at the road, drainage lots, open space or roadway areas to be maintained by the homeownerThe Applicant has stated that the Open Space land is to remain private, and evidence that Restrictive Covenants on the land have been recorded must be presented to the Planning Board, which will include but not be limited to the following provisions:
The Applicant has agreed to waive his right to any further residential development of the premises that results in a more intense or dense use, regardless of any local, state or federal criteria to the contrary, pursuant to the provisions of Massachusetts General Laws, Chapters 40A and 41, and this shall be noted on the plan, as well as incorporated into the Restrictive Covenants.
The Restrictive Covenants will include language with respect to fire safety for each dwelling unit, which shall: prohibit wooden roofs and mandate fire resistant materials for construction as much as possible, use a fine mesh over any intakes into the home to minimize hot ash intrusion, use a wire mesh (or other suitable alternative) over roof gutters to minimize leaf and debris buildup, provide visible signage at the end of driveways that identifies the home accessed by referencing the street number, and which shall encourage landscaping around the house in a manner that would minimize the spread of fire.
The Planning Board notes that the proposed roadway with waivers is not built to the standards of the Subdivision Rules and Regulations, and the Applicant therefore should not expect that the road will be accepted by the Town as constructed through this approval.
Prior to the issuance of an occupancy permit, the Applicant shall provide a final landscape, signage and lamppost plan which will be submitted to the Planning Board for approval.
Prior to the issuance of a building permit, evidence that the following have been recorded with the Plymouth County Registry of Deeds shall be provided:
The Subdivision Covenant for the definitive subdivision plan; and
The Special Permit decision.
CONDITIONS OF THE MODIFICATION AND APPROVAL OF THE DEFINITIVE PLAN:
The Applicant agrees to the endorsement of the plans and profiles within 120 days from the date of approval, or in the case of an appeal, endorsement of the plans and profiles within 120 days of the settlement of an appeal.
Conditional upon the provisions of a performance guarantee in the form of a covenant duly executed and approved, to be noted on the plans and recorded with the Plymouth County Registry of Deeds. Said form of guarantee may be varied from time to time by the Applicant with mutual agreement on the content of said guarantee by the Applicant and Planning Board without amendment or modification of this approval.
The Applicant agrees to complete all ways and the installation of all municipal services in accordance with the applicable rules and regulations of the Board within two years from the date of endorsement. Upon a finding by the Planning Board that the construction of all ways and the installation of all municipal services has not been completed with two years, the approval of the plan shall be automatically rescinded.
The Applicant agrees that he will guarantee to protect, repair, replace, and where necessary, and upon written acceptance by the Planning Board, redesign the works constructed and submit revised plans and profiles for the Planning Board's approval and for recording at the Plymouth County Registry of Deeds so that said works actually carry out the purposes for which they were intended. Said repair, replacement, or redesign will be based upon experience in the field, which demonstrates the existing construction and/or design to have been improperly installed or wholly inadequate.
The vote was unanimous (5-0) (as mentioned above).
Access Improvements
Hawley Ave
This discussion was postponed to a future date as the applicant had not submitted any new information.
Site Review
East Bay Grille/Outside Bar
Paul Barbados, East Bay Grille, presented the site plan for the improvements to East Bay Grille. An 18Nicholas Filla moved to recommend approval of the site plan to the Building Commissioner; the vote was unanimous (4-0).
Site Plan Review
40 Industrial Park Road/Upland Realty
William Shaw, Associated Engineers, Inc., presented Phase 1 of the site plan review for 40 Industrial Park Road. A new 10,000-sq. ft. school for special needs students is proposed near the rear of the existing parking lot. There are no changes to the parking lot proposed at this time. The structure would have a similar brick exterior to the Registry of Motor Vehicles. Town water and sewer will be utilized for the structure.
Malcolm MacGregor moved to recommend approval of the site plan to the Building Commissioner subject to the following:
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; and a Registered Landscape Architect or other qualified licensed professional must certify that the required landscaping has been installed; all 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.
The Town Engineer must approve the proposed drainage design and calculations.
Conservation Commission permits are required for work under its purview.
The vote was unanimous (4-0).
BOA 3291 Osprey Lane/SP to waive side setbacks/enlarge a non-conf.
Lee Hartmann presented the request for a special permit to enlarge a non-conforming structure and use and vary the side setback requirements in order to construct an addition onto an existing garage. The addition would be 5Malcolm MacGregor moved to recommend approval to the Zoning Board of Appeal; the vote was unanimous (4-0).
BOA 3292 Court Street/SP to waive side setbacks
Atty. David Delaney presented the request for a special permit to vary the side setback requirements in order to demolish an existing structure and construct a new single family dwelling and shed on the property that formerly operated as the Plymouth Lollipop Company. A portion of the lot is zoned General Commercial and a portion of the lot is R20SL. The dwelling would be constructed to the rear of the property, in the residential area and would have similar setbacks to the current structure. The driveway would be widened to fifteen feet and maintain the current curb cut.
Loring Tripp inquired whether the applicant had considered moving the current structure back.
Atty. Delaney and Bill Johnson, the owner, stated that the structure would not survive the move and it would be cost prohibitive to bring the structure in compliance with current building standards.
Nicholas Filla moved to recommend approval to the Zoning Board of Appeals; the vote was unanimous (4-0).
B529, Preliminary Subdivision
Chilton Park II
Lee Hartmann began the presentation for a preliminary subdivision plan that was filed prior to the last Town Meeting in order to preserve zoning requirements. The Board reviewed the conceptual plans in December of 2002. The preliminary subdivision plan shows a road that would extend approximately 900 ft into a cul-de-sac off of Harborlight Drive and service 11 lots. The applicant has submitted alternatives to a definitive subdivision plan, which include a fifteen-lot cluster VOSD subdivision with open space or a twenty-four-unit condo plan with open space.
Jon Henson, reviewed the alternatives already submitted and gave the Board a handout of one additional option. The handout detailed a 24-unit condo option with the buildings more staggered than the other condo option. The applicant desires to preserve as much vegetation as possible and preserving and protecting the existing kettle holes. The applicant has considered making the condos age restricted with two units set aside as affordable housing.
Nicholas Filla questioned whether the VOSD with the 8000 +/- sq. ft. lots would be marketable. He also suggested that if the clusters of condo units could be reduced to single or two unit buildings.
Jon Henson replied that they had originally considered smaller lots for the VOSD, but increased the size to fit the unit types and that they could explore smaller condo clusters.
Malcolm MacGregor thought that both concepts were approved, but he preferred the 15 unit VOSD. He felt it was more in keeping with the adjacent neighborhood and where it is further from services would be more appropriate.
Paul McAlduff was concerned with noise from the traffic on Plimoth Plantation Highway and maintaining an adequate buffer from the highway if the State should widen the highway. .
Mr. Henson stated that they have taken the noise and traffic into consideration and would consider installing a berm along the portion of the site that abuts the highway.
Bob Gosselin stated that he had notified the abutters of tonightJeff Welch, Plymouth County Commissioner, wanted to insure that there would be no access provided or potential run off to the adjacent County land.
Loring Tripp suggested that the applicant meet with staff to further develop the proposed plans.
Nicholas Filla and Loring Tripp supported the age-restricted housing.
Malcolm MacGregor moved to approve the preliminary subdivision plan as complete and accurate subject to the following comments, which should be addressed at the definitive plan stage:
To hook-up to the municipal water system, the applicant must demonstrate that the water system can deliver adequate fire flow protection and static pressure.
The concerns of the Town Engineer and Utility Manager shall be addressed.
The applicant is encouraged to buffer the proposed dwellings from noise from Route 3, with landscaping which can also provide privacy.
The applicant is encouraged to meet with the Plymouth Center Steering Committee.
The applicant is encouraged to provide details for the emergency access improvements at the time of the definitive filing.
The applicant is advised that he/she will be subject to the new inclusionary zoning adopted at April Town Meeting (2005).
The future filing of a special permit or subdivision should include more specific information regarding the proposed types of units, age restrictions (if any), and management plans for common areas.
The applicant is encouraged to create meaningful circulation within the development, with green spaces and focal points, and consideration for privacy, through careful landscaping at this scale and density. Tree preservation and plantings are strongly encouraged, as is maintaining some of the rolling topography on the site.
The applicant should add a buffer along the portion of the property that abuts the highway.
The property abuts a Plymouth County Correctional facility. Issues related to access between the two uses should be carefully considered. The applicant is encouraged to contact the County Commissioners prior to filing a definitive plan.
The vote was unanimous (4-0).
Conceptual Review
B515, Nestle Down VOSD
Loring Tripp asked that William Keohan, the Planning Board Alternate join the Board for the conceptual review.
Randy Parker, Land Mangagment Systems, Inc., handed to the Board plans for a VOSD on Map 46, Lots 39-3, 39-2, 21, & 22. The site has already been approved for a thirteen-lot subdivision. The VOSD would allow for smaller lot sizes with more open space, 50 to 100 ft no cut buffers and less road construction. The plan shows a 20-ft. road layout ending in a cul-de-sac with three common drives off the cul-de-sac. Mr. Parker asked if the Board would consider waiving the filing fees as the applicant has already paid for the definitive plan fees.
Malcolm MacGregor preferred the plan with the common drives, but stated that the applicant should have an agreement with the abutters.
Nicholas Filla suggested extending the cul- de- sacs to create more open space or creating a boulevard with more open space. Mr. Filla also suggested adding one more lot to the plan for affordable housing. He also asked the applicant to consider smaller lot sizes and increasing the buffer along the house on the left of the plan.
Paul McAlduff asked if the applicant had approached the abutters.
Karl Anderson stated that he had previously offered to decrease the plan to ten lots and they were not supportive.
Loring Tripp asked that the applicant consider the hammerheads and buffering that were shown on the plan in the BoardMr. Parker agreed to look at the hammerheads and take all the Board
Administrative:
MEPA Recommendation: Vogel (due 5/23 to EOEA)
Lee Hartmann reviewed the draft response to the EOEA for the MEPA filing for Commerce Park LLC for 300,000 sq. ft. of retail space, 50,000 sq. ft. of office space, 100 units of elderly housing and a 100 unit hotel on 53.6 acres of land in West Plymouth. There is an approved Master Plan for the site and the applicant would have to file a Definitive Subdivision plan. The letter asked that the following items be considered during the review process:
Connection the existing West Plymouth Plaza to this project,
Installing traffic calming measures on abutting residential roads, and
Improving pedestrian access to the site, along Plympton Road (Route 80) and Carver Road (Route 44).
The Board recommended that the letter be sent as presented.
B512 Lee Hartmann informed the Board that Pacor Inc. has requested a bond reduction for $39,500 for work completed.
Malcolm MacGregor moved to reduce the bond by $39,500; the vote was unanimous (4-0).
Mary B. Lane and Robert J. Way.
Malcolm MacGregor moved for the Board to sign the passbook agreements for Camelot Industrial Park
Malcolm MacGregor moved for the Board to send a letter to the State Delegates regarding the lack of landscaping along the recently completed new Route 44. This area is a primary entrance to the Town; the vote was unanimous (4-0).
Paul McAlduff informed the Board that he had recently attended a seminar for the preservation of lighthouses. He suggested that Community Preservation funds could be utilized for the preservation.
Paul McAlduff informed the Board that the DPW is presenting a Capital Outlay project to extend the sewer lines along Long Pond Road.
Malcolm MacGregor asked if the sewer lines could be run along the highway instead
Mr. McAlduff stated that DPW has determined that Long Pond Road provides the best option and that Town water and effluent water for the fields and golf courses could also be provided
Loring Tripp felt that further study was necessary as extending the sewer line increases the potential for further development. He also suggested that Town Counsel should review for the long-term implications concerning development and potential Chapter 40B projects and Mr. Crombie should make a presentation to the Planning Board. He also mentioned that the sewer treatment plant has the capacity to be doubled in size, which could further expand development.
Nicholas Filla suggested that the opportunity to create a central high school and tie into sewer would be more appropriate. Mr. Filla suggested that a condition be added that restricts the uses to municipal and existing commercial uses in appropriate zones.
Nicholas Filla moved to recommend approval of the Capital Outlay improvement for the sewer line for municipal uses, industrial uses, and commercial uses in existing zones.
Malcolm MacGregor felt that more information was needed. He requested a map of the potential areas of development along with the zoning for the area.
Mr. Tripp was concerned that with public sewer available the prospect of Chapter 40B units with 20 units per acre increases.
Paul McAlduff informed the Board that the Building, Planning & Construction Committee was in support of the project
Lee Hartmann stated that he would create a map with the requested details on areas for development and zoning.
The vote was (2-2) with no action taken by the Board.
Loring Tripp suggested meeting Monday, May 16, 2005, prior to Town Meeting to review any new information received on the proposed Capital Outlay expenditure.
Minutes:
April 25, 2005
May 2, 2005
Paul McAlduff moved to approve the minutes of April 25, 2005 and May 2, 2005 as presented; the vote was unanimous (4-0).
Paul McAlduff moved to adjourn at 9:30 p.m.; the vote was unanimous (4-0).
Respectfully Submitted,
Eileen M. Hawthorne
Administrative Assistant Approved on: June 6, 2005
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