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Planning Board Minutes September 12, 2005
Planning Board Meeting
September 12, 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: Timothy Grandy
Staff Members: Lee Hartmann and Valerie Massard
Recording Secretary: Eileen Hawthorne

A.D. Makepeace MEPA Comment Letter
The Board reviewed a draft of the letter to be submitted to MEPA regarding the expanded ENF and Phase 1 Waiver Request for the Wareham Road Mixed Use Development.   The extended deadline to submit the letter is September 13, 2005, but A.D. Makepeace has asked for an additional extension of the deadline.  
Judy Kohn, A.D. Makepeace, informed the Board that although another extension has been requested, she was uncertain as to whether MEPA would grant the extension.
Loring Tripp felt that it was important for the Board to submit their comments in a timely fashion.
Paul McAlduff moved for the Board to submit a positive recommendation supporting the Phase 1 waiver as drafted.
Nicholas Filla stated that the Board reserves rights for further comment if the extension were granted.
Larry Rosenblum recused himself from voting, as he is an abutter to the project.
The vote was unanimous (4-0).

Larry Rosenblum moved to reappoint Loring Tripp as the Planning Board
Form A
A4154 (revised No. A4161) - Map 4, Lots 5 & 6 - Lot line adjustment to create lot 5-1 (30,038 sf.) and lot 6-3 (33,791 sf.)
Malcolm MacGregor moved for the clerk to sign the plan; the vote was (4-0-1) with Loring Tripp in abstention.

Camp Child Settlement                                           
Association Update
Atty. Robert Betters, representing Mulligan Homes, handed out a draft of
Ed Marks, representing the homeowners, asked if the six lots would be outside the Trust until they are completed, when the bonding of the road would be completed and when would the Trust funds be turned over to the Association.  Mr. Marks also inquired about the progress on the installation of the sign.  
Atty. Betters stated that the six lots and the completion of the road would remain outside the Trust until they were completed, but the funds would be turned over to the Trust within three days of the completion of the execution of the Trust.
Wayne Delpico stated that when the Trust is ready to be turned over, the Association would receive a timeline of the completion of the sign, road bonding, etc.

BOA 3314 -  Scott & Deborah Doonan                              
White Island Rd/SP Access
Atty. Ed Angley presented the application for a Special Permit for accessway to create a buildable lot on property located on Assessors Map 128, shown as lots B11-6, B11-7, and B11-8.  The property is off Bourne Rd adjacent to Route 25.  Atty. Angley stated that White Island Rd is an existing road that was an eight to twelve ft. road, which narrowed as it approached the Doonan property.  Atty. Angley also stated that the surrounding property is owned by Nstar and the Town of Plymouth.   He said that the bylaw change allows for accessway to be granted under a special permit instead of a variance as previously required.
Lee Hartmann informed the Board that accessway could be granted under a special permit or through the subdivision process.  Mr. Hartmann stated that the bylaw change was for older subdivisions approved prior to subdivision control law and that these improvements should go through subdivision control.
Larry Rosenblum moved to recommend denial to the Zoning Board of Appeals; the vote was (4-1), with Malcolm MacGregor in opposition.  

Conceptual Review                                                       
        Alden Pond Condos/Court Street
Atty. Edward Angley, began the presentation for Alden Pond Condos.  The Board has seen several plans for the property located on Court Street shown on Assessors Map 11 as Lot 16A-2 and new plans have been submitted.   
Jon Henson presented three scenarios for the site and a site analysis.  The site has an area at the rear that consists of peat layers several feet in thickness that makes that portion of the site difficult to develop.  Also, access for an adjoining property crosses the site.  The first scenario showed access through the existing shared driveway with six connected units and a two unit building separated by an open space area.  Each unit would have a one car garage and a parking space around the perimeter of the drive that would end in a hammerhead configuration.  The decks of the units would face the pond. Permeable pavers would be installed to help mitigate runoff, the water feature would be enlarged with a wetland replication area in the front of the site and a sitting area would be provided overlooking the pond.  The second scenario showed two three unit buildings and a two unit building.  The third option showed five attached units along one side of the pond with three units attached along the back of the pond.
Valerie Massard stated that the wetlands have been greatly impacted and the Conservation Commission supported the proposed improvements.
The Board was supportive of the shared driveway, and had several suggestions for the location of the units.  One suggestion was to move one or two units to the front of the site.  Other suggestions included adding units in order to  create an affordable housing unit or decreasing the units by one.   The Board encouraged the applicant to continue the process and provide elevations showing the decks over the pond when the plans have been finalized.  
 
Site Plan Review                                                        
Carver St/Wax Museum
Lee Hartmann began the presentation to convert the vacant Plymouth Wax Museum to six residential condo units.  It is an allowed use in the zone and would have to be presented to the Historic District Commission.
Bob Wolner presented a tan color scheme for the clapboard with taupe as the trim color.  The existing brick would be maintained as is.    
Paul Blanchard presented the interior and exterior structural changes for the building.  Currently it is a two story with basement steel framed structure.  The basement would be converted to a garage area with eleven parking spaces with one parking space outside the structure provided for residents.  The first floor would remain the same, the second floor would be lowered to allow for a third floor.  Additional windows would be installed and the front entrance would be altered.  Each floor would house two condo units, with a central hallway leading to an elevator and staircase at the rear.
Larry Rosenblum questioned the economics of doing such extensive renovations rather than starting from scratch given that the building is not a historic structure.   
Nicholas Filla felt that the project was a great reuse of an existing building and encouraged the applicant to present the plans to the Plymouth Center Steering Committee.
Loring Tripp questioned whether a landscape plan had been designed yet and whether any excavation would be required.  
Mr. Blanchard replied that the landscaping has yet to be designed and that the basement floor would be raised to accommodate the parking.  The ramp area would need some excavation.   
Mr. Wolner stated that the existing shrubbery, which is quite old would be removed and replaced and they would like to add landscaping to the rear and side of the property to soften the lines of the building.
Paul McAlduff suggested adding brick to the front of the structure.
Mr. Blanchard stated that they would take the Board suggestions into consideration as they proceed through the permitting process.  

Public Hearings - Town Meeting Articles                 
        Wind Energy
Nicholas Filla read the public hearing notice and opened the public hearing.
James Sweeney presented the Wind Energy Committee
Lee Hartmann informed the Board that Town Counsel was concerned with creating a floating zone for wind turbines if the Town acquires additional land.  Mr. Hartmann stated that if the Board wishes to proceed with the article, staff and Counsel would review the proposed language.
Malcolm MacGregor supported the proposed article but suggested that the language should be amended to define an overlay district based on the efficiency of the machines and the wind speed of the area.
Loring Tripp was concerned that there has not been a thorough enough review of the proposed language by the Board, Staff, Town Counsel and the public.  Mr. Tripp suggested that the proposal needs more research; for the best locations and to create zoning in appropriate areas.
Paul McAlduff agreed with Mr. MacGregor that this article should move forward as the Town needs energy alternatives.
Larry Rosenblum was supportive of the concept, but requested more data points as the structures would have enormous impact on the community.
Mr. Sweeney stated that if the article passes at Town Meeting, any applications would have to go through the approval process.
Elspeth Frank was supportive of the concept, but felt that the Town should be very careful about where the turbines would be allowed. Ms. Franks suggested utilizing existing non-restricted open areas.
Steve Pitney, Alternate Energy Systems, made the following suggestions for changes to the proposed bylaw:  
Increase tower height to double that of standard building height limits before requiring a special permit.
Define wind facilities based upon the zoning of the site as well as turbine size.
Restrict the sale of significant amounts of excess electricity in a residential area.
Require a more streamlined permitting process for smaller turbines.  
Nicholas Filla suggested adding language to the proposed bylaw to exclude Town owned conservation land and that the permitting authority should be the Zoning Board of Appeals.   Mr. Filla also suggested that criteria needs to be outlined for the permitting board: filing and technical requirements as well as, a component for peer consultant review.  
Loring Tripp moved to close the public hearing; the vote was unanimous (5-0)
Malcolm MacGregor moved to recommend approval of the article to Town Meeting subject to a review of the language by Staff and Town Counsel.
Nicholas Filla moved to amend the motion to add language to the proposed article to exclude Town owned conservation land and to change the Special Permit Granting Authority from the Planning Board to the Zoning Board of Appeals.  
The vote to amend was (3-2) with Loring Tripp and Larry Rosenblum in opposition.
Mr. Hartmann suggested that the Board table the vote on the article until Staff and Counsel do a final review of the proposed language before next week
 Paul McAlduff moved to table the vote to Monday, September 19, 2005; the vote was (4-1) with Loring Tripp in opposition.

The Board took a five-minute recess.

        Rezone - Downtown Harbor District
Nicholas Filla read the public hearing notice and opened the public hearing.
Lee Hartmann began the presentation for this public hearing which was advertised to include the parking lot (Map 19, Lot 7) as requested by the Board at the initial public hearing.   The petition would rezone the Courthouse and adjacent lots from R20SL to Downtown Harbor District.
Nicholas Filla stated that the Plymouth Center Steering Committee is in support of the proposed rezoning.
Malcolm MacGregor suggested that the green should be protected from residential use and that the Courthouse should be a museum.  
Loring Tripp stated that County has agreed to restrict the green as open space and that the CourtHouse would maintain its historic significance.
Paul McAlduff moved to close the public hearing; the vote was unanimous (5-0).
Paul McAlduff moved for the Board to recommend approval of the zoning change to Town Meeting as follows:
PROPOSED AMENDMENT:
To see if the Town will vote to change the official zoning map of the Town of Plymouth by changing the designation of Lots 1, 2, 3, 4, 5, 6, 7, 23, 24A, 24B, 25, 26, 27, 28, 29, 30, and to the center line of the right-of-way of the portions of Court Street and Russell Street abutting these parcels as shown on Plymouth Assessors
NEED & JUSTIFICATION:
The new courthouse facility on Obery Street is under construction.  Fortunately, with this move the Town will retain its position as the seat of county government.  However, the current downtown facility will be vacated in the near future.  In addition, the Registry of Deeds has already been relocated to Obery Street.  The result of these relocations will be a loss of patrons for downtown businesses, which will pose a significant challenge to a number of these businesses.
The area covered by this amendment includes the Courthouse, three privately owned dwellings, County Commissioners Offices, and the former Police Station.  The area is zoned for residential (R20-SL) and is located within the Plymouth Historic District.
The County is exploring options to re-use this property.  Unfortunately, under current zoning, the only allowed use is single-family dwellings on half acre lots.  The County is requesting that the Town re-zone this property to Downtown/Harbor District.
The Plymouth Center Steering Committee unanimously supported this petition.  The proposed change is consistent with zoning recommendations as outlined in the Downtown Village Center/Waterfront Area Master Plan, Zoning section, page 20, as follows:
        Goal I: Provide zoning changes to strengthen, improve, and enhance the sense of the Downtown Village Center/Waterfront Area by attracting and retaining viable commercial/retail entities to the area.
In 1991, the Town created the Downtown/Harbor District.  The district encourages a mix of commercial and residential uses on individual lots and throughout the District, that compliments the Town's rich historical background.  It is not clear why these parcels were excluded from the Downtown/Harbor District when it was originally created in 1991.
During the public hearing, concerns related to the Courthouse park facing Court Street were raised.  To address these concerns, the County Commissioners have agreed to place an open space restriction on the park.
EFFECT
The effect of this amendment will be to place the County property located on Russell Street within the Downtown Harbor District. The lots are already within the Historic District, and the Historic District Commission must approve any additions or changes to the building.  To secure the Commission's approval, site changes must be consistent with the appearance and character of the surrounding historic area.
INTENT:
The intent of this amendment is to encourage the redevelopment of the County property by expanding the uses allowed on it as well as on adjacent land.
The vote was unanimous (5-0).

Larry Rosenblum submitted to the Board copies of an editorial article that he wrote which was published in the Old Colony Memorial on September 7, 2005.  The article speaks to the possibility of the Town joining with the County to set developmental guidelines for the downtown area.    One of the issues that should be addressed is the parking issue in the downtown area.  
Larry Rosenblum moved to begin a discussion with the County about a joint development process that would result in the creation of our vision of what we would like to see there, which we would then use to jointly shop these properties nationally or if necessary, internationally.  
Nicholas Filla stated that the County Commissioner has set up an advisory committee.  An extensive outreach program has been outlined; Part of the process would be to define the RFP.  
Loring Tripp stated that the County has put out an RFP for a planner for the County lands and that the County was supportive of adding the parking lot to the rezoning article.
Nicholas Filla suggested having the County come to a meeting and make a presentation.


Public Hearing                                                  
        B426 - Little Hios Hills Modification of Subdivision
Nicholas Filla read the public hearing notice and opened the public hearing.  
Thomas Fitzgerald began the presentation for a modification of an approved subdivision (1996) known as Little Hios Hills.  The modification requested is to eliminate sidewalks, curbing, reduced road width, and drainage.
Steven Desrocher, Neponset Valley Survey Association, Inc., reviewed the proposed modifications as follows:
Replace some of the granite curbing with cape cod berm (with the exception of the catch basin headers and any slopes of 6-7 ft.), eliminate the proposed sidewalk within the subdivision and along Ship Pond Road, and install an island at the entrance (approximately 400 ft).
Valerie Massard informed the Board that during the time the subdivision was under appeal, the DPW made improvements to Ship Pond Road that make the approved drainage and sidewalks not feasible
Loring Tripp asked if the cost of the waivers requested had been calculated yet.  Mr. Tripp also suggested that the drainage should be revised to reflect the reduction in pavement and that with the reduction in pavement an open space area could be created.    
Mr. Desrocher stated that about 2,700 ft. of the roadway has been cleared and the drainage has been installed up to the catchment area on one entrance to the subdivision.
Nicholas Filla was in support of the installation of the sidewalk on Ship Pond Road and also requested a cost savings estimate if the road width was reduced to 22 feet.
Valerie Massard asked the petitioner how long it would take for a revised layout and drainage plan to be submitted as well as the cost savings estimate.  
Mr. Desrochers stated that it would take approximately 4-6 weeks to revise the plans.
Bob Bumpus, an abutter, was concerned with the island at the entrance and how it would effect the drainage at his property.  
Donna Frail, 180 Ship Pond Rd, was concerned with the sidewalks and drainage on Ship Pond Road.  There is already silt clogging the existing catch basins, and puddling at some points in the road span the width of the road.
Jay Reardon, questioned whether a roadway would be constructed from this development to Captains Landing.
Tom Fitzgerald stated that there is a water easement and a road would not be constructed.  
Loring Tripp moved to continue the public hearing to October 31, 2005 at 7:15 p.m.; the vote was unanimous (5-0).   

BOA 3316 & 3317- White Cliffs LLC                                       
Modify Special Permit to add 8 units
Lee Hartmann began the presentation for a modification of a special permit for White Cliffs LLC to construct 12 additional units.   The developer is the Homeowners Association.  The existing two foundations on White Cliffs Drive would be removed.  Eight units would be constructed at "12th Hole" which would consist of two 4 unit, two bedroom, townhouse style buildings and four similar units would be constructed in one building at "Dog Patch".  
Jack Dawley, Northland Residential, informed the Board that his company has previously  constructed over 60 units at White Cliffs and  they have a purchase and sales agreement with the Homeowner
Loring Tripp moved to recommend approval of both petitions to the Zoning Board of Appeals subject to the following conditions:
All previous conditions of approval imposed under prior special permits remain in full force and effect, except as modified herein.
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.
The vote was unanimous (5-0).

Other Discussion:
                
Minutes:
August 15, 2005
Loring Tripp motioned to accept the minutes of August 15, 2005 as presented.  
Larry Rosenblum requested that the phrase "a larger area such as the old Methodist Church, the park and" be stricken from the discussion on the rezoning of the downtown parcels (page 4).
Loring Tripp motioned to amend the minutes as requested and approve; the vote was unanimous (5-0).  

August 22, 2005
Paul McAlduff motioned to accept the minutes of August 22, 2005 as presented.
Larry Rosenblum requested that the phrase "in the general area" be added to the vote on the Chapter 40R grant (page 2).
Paul McAlduff motioned to amend the minutes as requested and approve; the vote was (4-0) with Loring Tripp in abstention as he was not present.

August 29, 2005
Paul McAlduff motioned to approve the minutes of August 29, 2005 as presented; the vote was unanimous (5-0).

Administrative:
Valerie Massard presented the plans, covenant and phasing covenant for B505 Pickerel Cove for endorsement.
Loring Tripp motioned for the Board to endorse the plans, covenant and phasing covenant for B505 Pickerel Cove; the vote was unanimous (5-0).

Valerie Massard presented the plans for B437 Island Rock, Pinehills for endorsement.
Malcolm MacGregor motioned to endorse the plan for B437 Island Rock, Pinehills; the vote was unanimous (5-0).

Nicholas Filla requested that the town engineer address the board regarding the layout changes to Ship Pond Road.
Loring Tripp motioned for the Board to invite DPW to comment on the layout changes to Ship Pond Road; the vote was unanimous (5-0).  

Paul McAlduff and Loring Tripp motioned to adjourn at 10:25 p.m.; the vote was unanimous (5-0).

Respectfully Submitted,



Eileen M. Hawthorne
Administrative Assistant                        Approved on: September 19, 2005