BOA 3310 Summer St/SP elderly housing/waive buffer/setbacks
Nicholas Filla recused himself from reviewing this petition and left the room.
Atty. Robert Betters began the presentation for a special permit in order to construct 125 units of age-restricted housing and clubhouse on property located at the intersection of Summer St. and Pilgrim Hill Rd. There are existing sidewalks along both streets. Atty. Betters stated that a traffic report has been submitted and is under peer review as well as review by the Town.
Bill Shaw, Associated Engineers, Inc., presented the topography of the site. The plan showed two pond areas being created by taking advantage of natural depressions on the site. There would be balanced cut and fill. The drainage has been designed to take advantage of the natural depressions on the site and utilize catch basins to the rear of the buildings. Swales would direct the water to the catch basins. Hammerhead turnarounds have been provided for an adequate turning radius for public safety vehicles. Sewerage would be provided either through a public sewer hookup or on site treatment plant. Mr. Shaw had some concerns with the safety of a suggested pedestrian access to the shopping area at the rear of the site. Currently there is a steep retaining wall along the rear that would have to be
breached and it would require permission of the shopping center owners.
Ryan Russell, Beals and Thomas, reviewed the landscaping for the site. Street trees and flowering bushes would line the boulevard entrance as well as, surrounding each unit. Integrated storm water systems would be landscaped with plants that would tolerate wet/dry conditions. The existing vegetation would be utilized as much as possible. Layering of plantings would provide screening along Summer Street.
Mr. Shaw presented the architectural elements for the units. The units would have the garage, living area and the master bedroom on the main level with a loft or second bedroom above. The units would be in single, double and triple configurations with each cluster having 10-12 units.
Larry Rosenblum questioned whether the age restriction would require both owners to be over 55.
Atty. Betters replied that the current bylaw states that both residents has to be over 55, but that Federal guidelines state that only one resident has to be over 55. The Town would have to modify the bylaw in order to reflect the Federal guidelines.
Larry Rosenblum was concerned with the long-term viability of age-restricted housing and how it would be policed.
Atty. Betters stated that the age restriction would included in the covenant restrictions and in title restrictions through the deeds for each unit. Atty. Betters stated that most age restricted communities are self-policing.
Lee Hartmann stated that it would take town meeting action to remove an age restriction. Mr. Hartmann stated that a TDR could be utilized to transfer some of the density from the project.
Atty. Betters informed the Board that he has met with the West Plymouth Steering Committee (WPSC) and will meet with the Design Review Board in the near future. He has reviewed the suggested conditions and they are acceptable. Each phase of the project would require a site plan review.
Valerie Massard reminded the Board that the density has been reduced from 200 units to 125 units. Ms. Massard stated that mitigation impacts would be addressed during the site plan review for each phase and that the traffic and pedestrian access should be addressed in the first phase. The WPSC requested buffers from the adjacent commercial projects and that the roadways be screened.
Paul McAlduff was concerned with the traffic coming out of Morton Park and inquired whether the applicant has considered a traffic light.
Mr. Shaw replied that the traffic report suggested utilizing left turn lanes as a traffic light would be too close to the light at Pilgrim Hill Road.
Malcolm MacGregor suggested installing a crosswalk from the site to Morton Park.
Lee Hartmann suggested that the construction of the community center be contingent upon a percentage of unit completion.
Valerie Massard requested a component for a review of the driveways by Earth Tech.
Atty. Betters stated that he would present the request to the applicant.
Paul McAlduff moved to recommend approval to the Zoning Board of Appeals subject to the following draft conditions:
THE PETITIONER HAS NOT HAD THE OPPORTUNITY TO RESPOND TO WHETHER THE PETITIONER WILL AGREE TO THE CONDITIONS THAT ARE ITALICIZED BELOW, AS THEY AROSE DURING THE PLANNING BOARD MEETING.
The petitioner has been asked to request a continuance of the public hearing and no action by the Board of Appeals until comment from the DPW and peer review of the traffic study is available.
The petitioner has agreed that he must demonstrate adequate water pressure to deliver adequate fire flow protection and static pressure for the hook-up to the public water system, or demonstrate the capacity to supply water through a private well, or this permit shall be deemed null and void. No building permits or site clearing activities shall begin unless and until adequate water supply is verified to the satisfaction of the Water Department and the Board of Appeals.
Prior to the issuance of a building permit, the petitioner must clearly identify whether Town sewer will service the site, and if so, full comment from DPW concerning the proposed connection and requirements with detailed plans in response to those requirements is to be provided for review by the Planning Board and Town DPW subject to final approval by the Board of Appeals. In the event that on-site wastewater treatment shall be provided as an alternative or in an individual phase, the requirements of the Board of Health shall be met by the Petitioner.
An overall master pedestrian circulation plan shall be prepared and submitted with the first phase plans for the project.
Light poles shall not exceed twelve (12) feet in height, and are to be in accordance with the Dark Skies component of the Bylaw.
A detailed landscaping plan shall be provided and shall be submitted with the first phase plans for the project. 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 plans appear to incorporate these details at the conceptual level, although grading on the site will require removal of a majority of the existing trees on the site. Said plans shall include the following with respect to the waiver of buffers:
· Detail along the rear retaining wall with respect to provision of adequate buffers from noxious or disruptive effects such as visibility, noise and lighting from the AC zoning district uses to the north of the site. Said plan shall take into account the lighting on the adjacent property, and traffic patterns within the northerly commercial use to the extent that they would impact the subject property.
· A similar plan shall be prepared with respect to detail of the westerly lot line abutting commercial uses (the daycare facility).
All drainage shall be contained on site to meet the requirements of the Building Inspector and Town Engineer.
The petitioner has agreed to periodic inspections of infrastructure construction, including driveways, parking areas, sidewalks, water mains and sewer connections (if any), to be funded through the contingency account for the project with the Board of Appeals.
The petitioner has agreed that the proposed clubhouse must be either open or under construction at (suggested 60-75% occupancy, BOA to determine specific limit).
The petitioner shall meet the design recommendations of Earth Tech with respect to hammerhead turnarounds provided by VHB for the Pinehills Community in July of 2005, which have been found to be consistent with the requirements of the Fire Department for adequate emergency vehicle maneuverability.
The recommendations not yet received from the West Plymouth Steering Committee, Design Review Board, Town Engineer, Fire Chief and any consulting engineers with respect to the design of the project and traffic study recommendations shall be incorporated into the design of the project, subject to additional review by the Planning Board and final approval by the Board of Appeals.
All plantings shall be subject to a 2-year performance requirement after installation (which shall re-instate if replacement plantings are installed), and the Petitioner shall be responsible for any replacements needed in that 2-year time period.
A Condominium Association shall be created and incorporate annual assessment for roadway maintenance, snow plowing, landscaping, drainage, wastewater treatment and other areas of common interest and concern. The Condominium documents shall also incorporate provisions regarding the ownership and maintenance of the common landscaped/natural areas.
The roadway network, including drainage structures, located within the proposed project shall remain private.
Prior to issuance of an Occupancy Permit, a Registered Landscape Architect or other qualified licensed professional must certify to the Building Inspector that the required landscaping has been properly installed in accordance with the approved site plan, the Zoning Bylaw and acceptable landscape practices.
Prior to issuance of an Occupancy Permit, a Registered Professional Engineer must certify that the drainage system, driveways, curbing, and parking areas have been installed according to accepted practices and in compliance with the Zoning Bylaw.
PHASING
As agreed to by the Petitioner, the Petitioner must submit final phase site plans to the Zoning Board of Appeals for its approval as consistent with the special permit prior to applying for a building permit for, or proceeding with, each phase. Said plan shall also include a site-phasing schedule, which addresses: stormwater management, utility installation, off-site mitigation improvements (if any), emergency access, roadway construction and building construction within each phase.~ Each such site plan shall include drawings, details, text and/or specifications for drainage, utilities, roadways, landscaping, and walkways.
The Planning Board, Town Engineer, Fire Chief, Department of Public Works, and Design Review Board shall review and make written recommendations (if they so elect) to the Zoning Board of Appeals on the site plans for each phase prior to the Zoning Board of Appeals' final approval of each site plan phase.~ Site plan approval shall allow the Planning Board, Town Engineer, Fire Chief, Department of Public Works, and Design Review Board to review and comment on whether, and the Zoning Board of Appeals shall determine that, the site plans adequately address issues as may be specified in the special permit, including but not limited to the following:
(a) Public health, safety, and convenience;
(b) Aesthetics;
(c) Pedestrian circulation within the site;
(d) Traffic circulation within and outside the site; and
(e) Substantial use and construction to date.
The phasing schedule is an essential feature of the special permit, and the Petitioner may not modify the phasing schedule without the permission of the Zoning Board of Appeals. In each site plan review submittal, the Petitioner must identify any significant change to the original phasing schedule referred to in the special permit, provide an explanation of such changes, and obtain a finding by the Zoning Board of Appeals that there has not been undue delay in proceeding with construction or otherwise exercising the special permit.
The Petitioner shall notify the Building Commissioner and Planning Board upon completion of each phase.
The vote was unanimous (3-0).
Public Hearings: Town Meeting Articles (cont.)
Zoning 205-69, Age Restricted Developments Nicholas Filla stated that further revisions of the proposed article are necessary. The language should incorporate mobile homes, manufactured housing, PUD; stick built housing, and an increase in density as well as, the Transfer of Development Rights.
The public hearing was continued to August 29, 2005 at 7:30 pm.
Amend Zoning Table 5 Valerie Massard reviewed the changes that were requested during last weeks meeting and informed the Board that no other changes have been requested from the engineers that staff contacted.
Paul McAlduff moved to close the public hearing on the amendments to Table 5; the vote was unanimous (4-0).
The Board will vote on the proposed article after a summary has been provided.
Administrative:
B397 Valerie Massard informed the Board that a drainage design has been submitted, which has been approved by the Town Engineer.
Paul McAlduff moved to accept the drainage plan as presented; the vote was unanimous (4-0).
Pinehills: Kettle View
Valerie Massard presented the Kettle View plan for endorsement.
Paul McAlduff moved to endorse the plan; the vote was unanimous (4-0).
Pinehills: Bridge Gate
Valerie Massard presented the request for the release of the following lots in the Bridge Gate section of the Pinehills:
Lots 10-315 through 10-340 inclusive, Lot 10-400, and lots S-53 through S-57 inclusive.
Paul McAlduff moved to approve the release of the above-mentioned lots; the vote was unanimous (4-0).
B512 Valerie Massard presented a request for a bond release in the amount of $14,500 for work completed in the Cedarhill Park subdivision.
Paul McAlduff moved to reduce the bond in the amount of $14,500; the vote was unanimous (4-0).
B509 - The Trails
Valerie Massard informed the Board that the appeal for B509, The Trails has been settled and requested that the Board endorse the plans and sign the covenant.
Paul McAlduff moved to endorse the plans and sign the covenant; the vote was unanimous (4-0).
Paul McAlduff asked the Board to send a request to DPW that a left hand turning lane was needed at the Camelot Drive entrance onto Long Pond Rd. Mr. McAlduff was also concerned with public safety at the entrances and exits to the Medical Building and the Post Office on Long Pond Rd.
Malcolm MacGregor inquired as to the status of the circuit breaker on Old Sandwich Rd and the trails in the Pinehills.
Lee Hartmann stated that the Selectmen have to review the proposed circuit breaker.
Valerie Massard informed the Board that the Pinehills has provided documentation of the trails and the open space in the development.
Nicholas Filla suggested that staff schedule the Pinehills to come before the Board for an update of the subdivision.
Paul McAlduff moved to adjourn at 9:00 p.m.; the vote was unanimous (4-0).
Respectfully Submitted,
Eileen M. Hawthorne
Administrative Assistant Approved on: September 12, 2005
