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Planning Board Meeting
June 13, 2005
Minutes
These minutes are not verbatim - they are the secretary's interpretation of what took place at the meeting. - Open Meeting Law - Section III.
Board Members: Loring Tripp, III, Nicholas Filla, Larry Rosenblum, and Malcolm MacGregor.
Planning Board Alternate: William Keohan
Staff Members: Valerie Massard
Recording Secretary: Peggy Fitzgibbons
Form A
Preliminary Subdivision
B530 - Nicks Rock Road
William Shaw, Associated Engineers, Inc., presented the preliminary subdivision plan for Map 102, Lots 13 and 14 off Nicks Rock Road. The plan would create four lots off William C. Gould, Jr. Way in Kingston.
Nicholas Filla questioned whether the road could be looped to connect with the Industrial Park.
Mr. Shaw replied that it was a possibility, but it would take the cooperation of the abutters. Mr. Shaw stated that the abutters are interested in pursuing this option.
Valerie Massard suggested that the Town of Kingston should be involved in the process when the definitive plan is submitted, as access to the property would be through Kingston. Ms. Massard suggested that the definitive subdivision plan should include the topography and grading of the site and also take into consideration the electric company easement, the 200 ft buffer from the Highway, dead end street regulations, the existing cart paths and who has rights over them.
Malcolm MacGregor moved to approve the preliminary plan as presented; the vote was unanimous (4-0).
BOA 3299 Meadow Park Road/SP LI zone Site Contracting
Valerie Massard stated that the Board recently reviewed and approved the site plan for this project.
William Shaw, Associated Engineers, Inc., presented the application for a special permit to operate a site contracting business in the Airport Zone.
Malcolm MacGregor moved to recommend approval of the special permit to the Zoning Board of Appeals; the vote was unanimous (4-0).
Public Hearing (cont.)
B521 - Orchard Hills/Billington Street
Loring Tripp moved to continue the Public Hearing to June 27, 2005 at 8:05 p.m.; the vote was unanimous (4-0).
Conceptual Review
Cherry Street
Loring Tripp recused himself from this review.
Mark Flaherty, Flaherty & Stefani, Inc., presented the review to subdivide Lot 6 on Map 4, Cherry Street. Lot 6-1 (21,813 sq. ft.) would contain the existing single family dwelling and Lot 6-2 (20,806 sq. ft.) would have access on a Larry Rosenblum questioned the ownership of the Mr. Flaherty replied that each abutter owns to the center of the private way.
Valerie Massard replied that there would be an existing right for abutters to pass and repass and to improve the The Board looks forward to further review of the plan.
Conceptual Review
Wamponoag Road
Don Bracken, Bracken Engineering, presented a review of a plan to subdivide lot 77-9 on Map 56, off Womponoag Road into five lots. The Board had previously reviewed a subdivision plan for the property and suggested that the applicant consider a Village Open Space Development (VOSD). The VOSD provided access off Womponoag Road and requested several waivers. The owner of lot 77-8 has worked with the owner of 77-9 to provide access off Valley Road and to possibly subdivide the two combined lots. A conventional subdivision plan would allow for 12 lots on the combined site. A VOSD for the combined properties would create 9 lots, with substantial open space.
Nicholas Filla questioned whether the applicant would be willing to include affordable housing on the site.
Mr. Bracken stated that he would have to contact the owners about including affordable housing as this would basically be a family compound.
Loring Tripp asked Mr. Bracken to review the drainage as the topography showed a steep grade and whether the proposed cul-de-sac would meet the fire safety standards. Mr. Tripp stated that the plan should include an affordable housing lot.
Mr. Bracken replied that he would like to put the road on the North side of the layout in order to provide a subsurface drainage area on the south side. The abutting lot has an existing easement and the easement may be relocated in order to provide utilities to the site. Mr. Bracken replied that the cul-de-sac would be 120 ft., which would provide adequate turning radius for emergency vehicles.
Mr. Filla suggested making the cul-de-sac pear or tear shaped. He also suggested that the applicant review the conceptual plan with the neighbors before filing a definitive plan with the Town.
Public Hearing (cont.)
B516 Loring Tripp moved to continue the public hearing to June 27, 2005 at 7:30 p.m.; the vote was unanimous (4-0). The continued public hearing will be held in conjunction with a new filing for a VOSD, to which the abutters have been sent notification.
Valerie Massard informed the Board that the Challenge Grant is proceeding and she will be meeting with the Selectmen next week regarding the conservation restrictions to be placed on Town owned land.
Ms. Massard presented a letter from the Environmental Affairs Office in respect to the proposed Commerce Park. They are requesting an expanded Environmental Notification Form.
Loring Tripp moved to approve the minutes of June 6, 2005, with one correction - Malcolm MacGregor was not present; the vote was (3-0) with Malcolm MacGregor in abstention.
Conceptual Subdivision
B529 - Chilton Park II
Don Bracken and Jon Henson presented conceptual plans for B529 abutting County land has been eliminated. Berms and vegetation will be used to buffer the noise from the adjacent highway. Subsurface drainage will be installed.
The Board was in support of the scenario favored by the developer and looks forward to the plan submission.
BOA 3297 - Robert Ankstitus
Taylor Ave/SP side setbacks, post facto
Valerie Massard reviewed the staff report for the Board. This is a post-facto filing for stairs and decks already constructed which encroach on the side yard setbacks, which vary from 1.6 ft. to 4.1 ft. A deck was constructed without permits in order to move the gas tanks away from a window and the front of the house and to comply with safety regulations.
Loring Tripp moved to recommend denial of the petition to the Zoning Board of Appeals; the vote was unanimous (4-0).
BOA 3298 - STS8 Realty Trust
Taylor Ave/SP convert non-conf. Commercial to Resdential
Randy Parker, Land Management Systems, Inc., presented the application for a modification of Special Permit granted under case # 3159. This application is a request to convert the convenience store to two dwelling units, creating a total of seven dwelling units on the site. Mr. Parker reviewed the architectural drawings for the proposed structure and several photographs of the site.
Loring Tripp suggested that the existing building be demolished and the two units be located elsewhere on the site.
The Board was support of the change of use, but wished to see alternatives that relocated the building and showed additional landscaping along Taylor Avenue.
The applicant agreed to return on June 27, 2005 with revised plans.
Administrative:
Hawley Avenue
Valerie Massard reviewed the history of the subdivision, which showed the original lot and drainage plan. The applicant has explored several drainage alternatives for the site.
Paul Iozzo presented a revised drainage plan for the site.
Valerie Massard suggested that the Town Engineers are willing to review the low impact drainage design once more.
Loring Tripp suggested a long trench along the side of the road to shed water off the gravel road.
Malcolm MacGregor felt that the applicant should be accessing the site through Holmes Ave instead of Hawley Ave.
Nicholas Filla preferred the design utilizing the swale with the riprap.
Mr. Iozzo agreed to have the Town Engineer review once more and return to the Board on June 27, 2005.
BOA 3278 SP for condo units on Court Street
Atty. Edward Angley began the presentation of revised plans for the proposed condos at 164 Court Street, Map 11, Lot 16A-2. The plan details eight two bedroom units.
Randy Parker, Land Management Systems, Inc., some parking spaces have been eliminated by putting a single car garage within each unit, which also allows for the units to be pulled away from the wetlands, a cul-de-sac has been changed to a hammerhead, and a larger pond is shown. The Conservation Commission will have to review the pond and wetlands to determine what is appropriate for the site. At the request of the Board, Mr. Parker reviewed the existing curb cuts on the site.
Nicholas Filla was concerned with the commercial buildings to the north of the site accessing the property through the curb cut shown on the plan. Mr. Filla was also concerned with the existing retaining wall on the site.
Atty. Angley stated that the commercial site has an easement for access, but was unsure of any easements for the retaining wall and parking on the subject site.
Loring Tripp questioned whether it was allowed for commercial and residential uses to utilize the same access.
Valerie Massard stated that you cannot go through a residential site for commercial access.
Nicholas Filla was concerned with a commercial and residential use sharing the same access. Mr. Filla suggested moving the access for this site and possibly installing an island. He also encouraged the applicant to present the plan to the Plymouth Center Steering Committee.
Loring Tripp suggested removing the retaining wall and providing a separate access for the commercial use.
Mr. Parker agreed to return on June 27, 2005 with a revised plan showing separate access.
Loring Tripp moved for the Board to adjourn to executive session pursuant to pending litigation. The Board would not return to regular session. A roll call vote was taken: Nicholas Filla
The Board returned from Executive Session and voted:
THE PONDS AT PLYMOUTH Phase 4, prepared by Bradford Saivetz & Associates, Inc. of Braintree, Massachusetts, dated May 31, 1987, Unregistered land filed with the Plymouth County Registered Land Office of the Plymouth County Registry of Deeds as Plan No. 456 of 1995 in Plan Book 37, Page 1121, and as to Registered Land subdivision plan #6931-20 filed in the Plymouth County Registry District of the Land Court with Certificate of Title No. 69892; and
THE PONDS AT PLYMOUTH Phase 5, prepared by Bradford Saivetz & Associates, Inc. of Braintree, Massachusetts, dated August 31, 1987 (revised July 27, 1988), and Sheet #13 showing detention basin with revisions on 2/6/96 and 3/20/96, Unregistered land recorded with the Plymouth County Registry of Deeds as Plan No. 25 of 1991 in Plan Book 33, Page 1123, and as to Registered Land subdivision plan #6931-15 filed in the Plymouth County Registry District of the Land Court with Certificate of Title No. 69892.
That open space requirements for all phases of the Ponds at Plymouth subdivision shall be met through the terms of the attached correspondence dated June 13, 2005 to Mr. Lee Hartmann, AICP, Director of Planning and Development for the Town of Plymouth from Mr. William R. Landry, Counselor at Law of Blish & Cavanagh representing the property owners: Plymouth Home Builders, Inc. (f.k.a. LeBlanc Homes of Massachusetts, Inc.) and S.P. Realty Investment Company; with the following change:
Items (1) and (4) are modified to allow the Town, as it determines suitable, to specify specific parcels from the properties listed in the attached June 13, 2005 correspondence to be considered for possible locations for construction of affordable housing, and the restrictive covenants on those parcels shall include language allowing construction of affordable housing and/or as described in the June 13, 2005 correspondence in Item (1) as permanent open space. These properties will be determined at a future time by the Planning Board.
This CLARIFICATION is to be recorded with the Plymouth County Registry of Deeds and the Plymouth County Registry District of the Land Court.
Land not listed in the attached June 13, 2005 correspondence is not specifically incorporated into this vote of clarification.
All prior conditions of approval shall remain in full force and effect.
Respectfully Submitted,
Peggy Fitzgibbons
Administrative Assistant Approved on: July 11, 2005
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