Skip Navigation
This table is used for column layout.
Planning Board Minutes August 15, 2005
Planning Board Meeting
August 15, 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: Nicholas Filla, Larry Rosenblum, Malcolm MacGregor, and Paul McAlduff. Loring Tripp, III,
Planning Board Alternate: Timothy Grandy
Staff Members: Lee Hartmann and Valerie Massard
Recording Secretary: Eileen Hawthorne

Beaver Dam Ridge - Endorsement
Valerie Massard presented the covenant and plans for B520, Beaver Dam Ridge for endorsement.
Paul McAlduff moved for the Board to approve and endorse the covenant and endorse the plans; the vote was unanimous (4-0).

Form A's:
A4160 - Map 24, Lot 9A - Subdivide into lots 9B (.92 Acres) and Lot 9C (2.98 Acres)
Valerie Massard presented the ANR plan, which had been submitted by Webby Engineering.  The property on the plan was granted a Special Permit under the Zoning Board of Appeals case #3152.  Under the Special Permit a modification would be required to alter the parking in order to allow the subdivision of this property.  
Paul McAlduff moved for the Board
FURTHER, it was determined that the land is subject to a Special Permit dated April 14, 2004 (BOA Case No. 3152), and the frontage of Lot 9A is governed by said special permit.  The ANR plan would require a modification of the special permit in order to utilize any portion of the frontage in order to divide the land.
The vote was unanimous (4-0).

BOA 3309 - Richard Greenwood                                    
        Brewster Street/SP vary front, side setbacks, enlarge non-conforming
Lee Hartmann  presented revised information from last week
Larry Rosenblum moved to recommend approval to the Zoning Board of Appeals subject to the following conditions:
This property is located with the Historic District and work within the district requires the approval of the Historic District Commission.
Although, the abutting lot (Lot 151) is unbuildable for dwelling purposes, ownership could be transferred.  To avoid confusion in the future, the applicant is encouraged to adjust the common lot line and place the deck on one lot.
The vote was unanimous (4-0).  

Loring Tripp arrived at 7:08 p.m.

BOA 3307 - JCM Plymouth Acquisitions LLC                        
        John Alden Rd/SP 15,000 s.f. lots in a R20SL zone
Lee Hartmann presented the two options proposed for the property located on Assessors Map 44 shown as lots 6-392, 6-393, and 6-394.  The existing single family structure will be demolished.  A two family attached dwelling could be constructed by right, but the applicant prefers to construct two single family structures on separate lots of approximately 22,600 sq. ft. each.  The Special Permit for the two separate lots is subject to Environmental Design Conditions.  Single family structures are more consistent with the neighborhood.  A portion of property falls in the coastal bank.    
The Board was concerned with the size of the structures and the location of the structures on the site.  They suggested moving the structures further away from the coastal bank.  They also suggested considering a common driveway for the two structures.
Mr. Hartmann noted that the site is located on a coastal bank.~ This general area is experiencing a coastal erosion rate of 2 foot per year on average.~ However, a natural stone revetment does exists at the base of this bank that to some degree minimizes erosion.~
To minimize further development impacts on this resource, the Planning Board recommended maintaining a 100 foot setback between the top of the bluff and the proposed dwellings.~ This will also place the structures outside the area of jurisdiction of the Conservation Commission.
The Board also noted that a portion of this property is located at the bottom of the coastal bank, which significantly reduces the usable area of the property.~ The Planning Board was also concerned about the massing of the two buildings on this footprint.~ However, a two-family attached structure, which is allowed by right on this property would not blend in with the neighborhood.~
The Board supported the creation of two single-family dwellings, which are more characteristic of the surrounding area. To minimize the visual impacts on the neighborhood the Board recommended limiting the height of each dwellings to 30 feet.
Malcolm MacGregor moved to recommend approval to the Zoning Board of Appeals subject to following conditions:  
The height of the dwelling shall not exceed 30 feet.
Any horizontal or vertical expansion of the dwelling will require additional review and approval by the Zoning Board of Appeal.
Both lots must be accessed via a single curb cut.
To protect the coastal bank, an important and fragile coastal resource, a building setback of 100 feet from the top of the coastal bank must be maintained.
The vote was unanimous (5-0).
Nicholas Filla requested that a member of the Board should review the staff report before it is sent to the Zoning Board of Appeals.
BOA 3313 - Meharg Realty Trust                                  
Watercourse & Black Cat Rds/SP for gravel removal
Marc Garrett, Garrett Group, presented the request for a Special Permit subject to Environmental Design Conditions in order to remove sand and gravel of approximately 244,000 cubic yards from property shown on Assessors Map 90 as Lot 36A in order to construct/expand cranberry bogs by 5.6 acres.  The property would benefit from a shared Tailwater Recovery Program.   The Conservation Commission will also be reviewing the proposed project.   The truck route requires that Watercourse Road and Billington Street be utilized.
Valerie Massard reviewed the arial photos of the site, suggested imposing a condition that would require a bond to seed and loam the site if the land is idle for more than one year and a condition to preserve the land from development.   A recorded covenant could be placed on the property to restrict the land use to agriculture, which would run with the land.  
William Franks stated that other towns require a per yard charge for sand and gravel removal.  In such towns provisions relating to the sand and gravel removal have required a charge per yard and that the Town should monitor and enforce the special permit if granted.  
Loring Tripp moved to recommend approval to the Zoning Board of Appeals subject to the following conditions:
The petitioner must file an acceptable construction-phasing plan with the Zoning Board of Appeals prior to the issuance of a zoning permit and before the commencement of excavation.  The petitioner shall notify the Building Commissioner upon completion of each phase.
A limit of 35 truck trips per day will be the maximum allowed for all earth removal operations for this project.  Every effort shall be made to phase the truck trips with the other local projects as has been done to date.
The applicant agrees to phase the project.  The project shall be constructed in phases.  The proposed phases must be shown on a plan and approved by the Board of Appeals.  All work in a phase must be essentially completed before work on the next phase can begin.  At no time shall more than five acres of the site be exposed.
The excavation and trucking of material and/or noise generated by the excavation and trucking of material shall be limited to Monday through Friday.  The hours of operation shall be limited to 7:00 AM to 4:00 PM.  No excavation activities shall be permitted on holidays.
Integrated Pest Management Techniques, outlined in the Department of Agriculture
A plan for dust suppression measures shall be submitted to the Building Commissioner for final approval, and shall include the previously required minimum of 75 feet of bituminous asphalt material on the access road at the intersection with Watercourse Road, with 50 feet of coarse aggregate material beyond the asphalt on the access road, as well as watering of the roadway as a dust suppression measure.
Proposed side slopes shall be at a grade of 3:1 or 2:1 with erosion control measures in place.
Erosion control measures are to be detailed on a final plan to be submitted to the Building Commissioner.  Any exposed banks created by the excavation should be hydro-seeded and maintained for three years.
Conservation Commission approval is required for all work under its purview.
The petitioner shall post a performance guarantee to assure completion of the reservoir.  Funds are to be posted in a form acceptable to the Building Commissioner to cover the cost of loaming and seeding the exposed areas.
If the exposed land subject to this special permit remains idle (is un-vegetated, not planted for bog use) for more than one (1) calendar year, the petitioner must stabilize the area with either loam and seed or another acceptable alternative to the satisfaction of the Building Inspector.
The proponent should be required to post a bond sufficient to ensure that any damage caused to Town roadways will be repaired.  The performance guarantee is to be in a form acceptable to the Building Commissioner upon consulting with the Director of Public Works.  The Board of Appeals agrees to terminate the performance guarantee upon completion of earth removal activities if Town roadways have not been damaged thereby.
Signage designed to warn motorists that trucks are entering and exiting the site should be posted at appropriate locations on Watercourse Road.
The petitioner shall be responsible for the clearing of any sand that accumulates on the approved Truck Route as a result of the excavation of material on a daily basis.
Monthly statements are to be submitted to the Building Commissioner from a Registered Professional Engineer stating that the conditions of the Special Permit are being followed, and providing tallies of earth removal to accurately determine the amount of gravel being removed.
If all of the above noted conditions are not adhered to the Building Commissioner may cause all excavation work to cease until the problems identified are corrected.
The applicant agrees to a restriction on the approximately 10 acres of land described in the petition prohibiting the construction of residential dwellings provided that said restriction will not preclude construction or use for agricultural purposes, including but not limited to construction of the bogs, and pump houses, irrigation or drainage facilities, barns, or other such facilities for agricultural use, nor would any such restriction preclude access through this site or installation of utilities through the site for residential use on other land.  The applicant also agrees to record an executed copy of the attached Covenant and Restriction, subject to acceptance as to form of the document by Town Counsel.
Larry Rosenblum moved to amend the motion to include a six-cent charge per cubic yard of sand and gravel; the vote to amend was unanimous (5-0).  
The vote was unanimous (5-0).

BOA 3312 -  Augustino Diodato                                   
        Liberty St/SP for lots < 20,000 sf
Lee Hartmann presented the for a Special Permit subject to Environmental Design Conditions in order to create two lots of approximately 15,000 sq. ft.   A two family structure could be conducted on the property by right.  The existing house and garage would remain on one lot and the existing barn would remain on the other lot with a newly constructed single family dwelling.
Atty. Larry Winokur, representing the applicant, advised the Board that a shared driveway would be awkward on this site as the existing garage doors face Liberty Street.
Loring Tripp moved to recommend approval to the Zoning Board of Appeals; the vote was unanimous (5-0).  

Public Hearings: Town Meeting Articles                          
        Amend Zoning on Plat 19, Rezone former County parcel, R20SL to D/H
Nicholas Filla read the Public Hearing notice and opened the public hearing.
Lee Hartmann presented the proposed Town Meeting article to rezone the land between South and Russell Streets, which include the County Courthouse and the structures behind it, the old Police Station, three residential structures and land adjacent to the Town Cemetery from R-20SL to Downtown Harbor (DH).  The entire area is in the Historic District. The intent is to encourage economic development in the Town.
Jeffrey Welch, representing the County Commissioner, stated that the County supports the rezoning to DH.  
Nicholas Filla stated that the original proposal presented by the Plymouth Center Steering Committee (PCSC) also included the cemetery, the parking lot at the top of Russell Street and land behind the churches in Town Square.
Lee Hartmann stated that the PCSC will be holding an informational session for the abutters.  
Larry Rosenblum suggested that the parking lot at the top of the hill should be included in the rezoning.
Lee Hartmann stated that the parking lot is beyond the scope of what was advertised.
Loring Tripp suggested that the Board place a restriction on the Green that it remain unbuildable.
Larry Rosenblum suggested that the Board readvertise to include the Town owned parking lot.
The Board felt that the parking lot should be included in the rezoning petition.  Mr. McAlduff felt that the parking lot might be an appropriate site for a parking garage.  
Loring Tripp moved to continue the public hearing to September 12, 2005 at 8:00 p.m. in order to advertise the parking lot as part of the rezoning article; the vote was unanimous (5-0).

        Zoning 205-69, Age Restricted Developments
Nicholas Filla read the public hearing notice and opened the public hearing.
Lee Hartmann informed the Board that staff is waiting for Town Counsel
The language as proposed allows for age restricted development in the following districts:
ü       Medium Lot Residential (R-25)
ü       Small Lot Residential (R-20SL)
ü       Mixed Density Development (R-20MD)
ü       Multifamily Residential (R-20MF)
ü       Waterfront (WF)
ü       Transitional Commercial (TC)
ü       Light Industrial/Waterfront (LI/WF)
ü       Downtown/Harbor District (DH)
Age-restricted developments would not be allowed in:
Ö       Rural Residential (RR)
Ö       Large Lot Residential (R-40)
Ö       Neighborhood Commercial (NC)
Ö       General Commercial (GC)
Ö       Arterial Commercial (AC)
Ö       Light Industrial (LI)
Ö       Airport (AP)
Ö       Mixed Commerce (MC)
Ö       Highway Commercial (HC)
The Special Permit Granting Authority shifts from the Board of Appeals to the Planning Board.
Mr. Hartmann also asked the Board to review the revised development density which is proposed at six dwelling units per acre with a possible increase to 8 units per acre when utilizing Transfer of Development Right Certificates.
Malcolm MacGregor was concerned with allowing this type of development in the RR zone without any restrictions on it.  
Loring Tripp suggested that a bedroom limitation could be added.
Nicholas Filla suggested restricting this type of development from the R40 and RR zones.
Lee Hartmann suggested that the General Commercial District could be excluded.
Loring Tripp moved to continue the public hearing to August 22, 2005 at 8:00 p.m.; the vote was unanimous (5-0).

        Amend Zoning Table 5
Nicholas Filla read the public hearing notice and opened the public hearing.
Valerie Massard presented the amendment for Table 5 that would clarify the Table, add DH, HC, RD, RDD, TDR, TRVD and VOSD to the Table and clean up the formatting of the Table.    
Nicholas Filla suggested adding a reference to the Retirement Mobile Home Park.
Loring Tripp moved to continue the public hearing to August 22, 2005 at 8:00 p.m.; the vote was unanimous (5-0).

Discussion of Other Proposed Articles:
        Wind Energy Facilities
James Sweeney, Chair of the Town
The Board felt that the proposal was premature and suggested the Energy Committee hold a workshop with Planning Board, the Board of Selectmen,  Entergy, and the public to create a strategic plan to implement a bylaw that would allow for wind energy.   
Loring Tripp offered to be a liaison to the Committee to put together the workshop.  

Minutes:
Minutes of July 25, 2005
Paul McAlduff moved to approve the minutes of July 25, 2005 as presented; the vote was unanimous (5-0).
Minutes of August 8, 2005
Paul McAlduff moved to approve the minutes of August 8, 2005 as presented; the vote was (4-0) with Loring Tripp in abstention as he was not present.  


Administrative:
Valerie Massard presented a request for a forty-five day extension of the endorsement timelines for B526
Loring Tripp moved to approve the above-mentioned request; the vote was unanimous (5-0).

B296 - Ponds at Plymouth
Valerie Massard reviewed the progress that Pulte Homes has made on the completion of the punch list that remained for the Ponds at Plymouth subdivision.  The drainage cleanouts for the older phases has been completed.  Safety issues that need to be addressed include the intersection of Lunn
Paul McAlduff moved to adjourn at 10:15 p.m.; the vote was unanimous (5-0).

Respectfully Submitted,



Eileen M. Hawthorne
Administrative Assistant                                Approved on: September 12, 2005