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Planning Board Minutes September 26, 2005
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Planning Board Meeting
September 26, 2005
Minutes
These minutes are not verbatim
Board Members: Malcolm MacGregor, Larry Rosenblum, and Paul McAlduff.
Planning Board Alternate: Timothy Grandy
Staff Members: Lee Hartmann and Valerie Massard
Recording Secretary: Eileen Hawthorne
Form A
Conceptual Review
Pixley Richards/Collins Rd & Form A Endorsement
William Shaw, Associated Engineering, Inc., presented a conceptual review that retains an existing 36,000 sq. ft. office building; constructs a 20,000 sq. ft. manufacturing addition to an existing manufacturing building; to construct a 10,000 sq. ft. manufacturing building; and constructs a 30,000 sq. ft. office building on property located off Collins Ave. The plan encompasses Lots 37-1G, 34A, 32H, and 52 on Map 101. The applicant may submit a Form A plan to create four lots after the site plan review process.
Lee Hartmann stated that the project does not require a special permit. The bylaw allows for multiple buildings on one lot with shared parking, access, drainage, and utilities with site plan review. The main lot can subsequently be subdivided regardless of frontage or setbacks. Mr. Hartmann suggested that a note be put on the plan that states that the lots were approved during the site plan review process.
Paul McAlduff and Malcolm MacGregor supported the concept of maximizing the uses on the site. Mr. McAlduff questioned whether the new structures would be tied into the sewer treatment plant.
Mr. Shaw replied that each building would be tied into the sewer treatment plant and would have on site drainage.
Mr. Hartmann stated that the applicant would return with a detailed site plan and an ANR plan.
Community Preservation Committee Articles
Articles 9A-9G
William Keohan, Chair of the Community Preservation Committee, stated that he would like to include a presentation to the Planning Board for all articles the Community Preservation Committee (CPC) brings before Town Meeting. The following are the articles to be presented at the Fall Town Meeting:
9A - $500,000 to create housing under Plymouth Bay Housing Corporation.
9B - $75,000 toward repairing the fish ladder at Jenney Grist Mill.
9C - $250,000 toward the restoration of and construction of handicap access to Pilgrim Hall Museum.
9D - $12,250 toward the restoration of the access point to the Town bell (made by Paul Revere in 1801 and recast in 1896) and installation of a new ringing mechanism.
9E - $300,000 toward funding a conservation restriction on the Plymouth County Farm.
9F 9G - $300,000 toward the purchase of 57 acres off Cemetery Hill Road for open space with a conservation restriction.
Paul McAlduff questioned how much the Community Preservation Act (CPA) brings in annually.
Mr. Keohan stated that the CPA brings in excess of a million dollars annually, which is then matched by State funds.
Paul McAlduff moved to recommend support of Articles 9A-9D to Town Meeting; the vote was unanimous (3-0).
Larry Rosenblum moved to recommend support of Article 9E to Town Meeting; the vote was (2-1) with Mr. McAlduff in opposition.
Larry Rosenblum moved to recommend support of Article 9F to Town Meeting; the vote was (2-1) with Mr. McAlduff in opposition.
Larry Rosenblum moved to recommend support of Article 9G to Town Meeting; the vote was (2-1) with Mr. McAlduff in opposition.
Public Hearing (new & cont.)
B516 Malcolm MacGregor read the public hearing notice and opened the public hearing.
Timothy Grandy, Alternate, joined the Planning Board.
Len Bradley, DiPrete Engineering, requested a continuance of the public hearing. The ANRAD has been reviewed by the Conservation Commission and Mr. Bradley has received their decision on the wetland delineation. Mr. Bradley stated that he would need time to incorporate the Conservation CommissionValerie Massard suggested that the Board either deny without prejudice or continue the public hearing to November 14, 2005 in order to give staff time to review revised plans.
John Dill, an abutter, voiced his frustrations with the engineerMalcolm MacGregor was in support of denying without prejudice and having the applicant refile when the information is complete.
Lee Hartmann requested that any revised plans be submitted at least three weeks prior to the continued public hearing.
Paul McAlduff moved to continue the public hearing to November 14, 2005 at 7:15 p.m.
John Dill requested that the hearing be continued to the following week as he would not be able to attend the meeting on November 14, 2005.
Paul McAlduff amended his motion to continue the public hearing to November 21, 2005 at 7:15 p.m.; the vote was (3-1) with Malcolm MacGregor in opposition.
Development Review
B526 Alpine Rd/B527 Black Cat Rd
Valerie Massard began the presentation of the proposed intersection improvements for the approved subdivisions of B526/Alpine Road and B527/Black Cat Road. Part of the approval of the subdivisions required that the applicant review the proposed intersection improvements with the neighborhood. Notification of tonightMark Flaherty, Flaherty and Stefani, Inc., reviewed a proposed spur road from Little Sandy Pond Road onto the access for Black Cat Estates.
Valerie Massard stated that staff had not received copies of the proposed spur road intersection improvement.
Atty. Robert Betters reminded the Board that the plans for both subdivisions have already been approved. A condition of the approval was to submit a plan showing the proposed spur road. The issue before the Board is whether the spur road is appropriate or whether the intersections approved on the plan is sufficient.
David Harding, 111 Little Sandy Pond Road was concerned with using the spur road when towing his boat.
Michelle Cheeseman preferred the intersection as shown on the approved plan.
Greg Hughes, 123 Little Sandy Pond Road questioned whether a buffer could be added along the rear of his property.
Malcolm MacGregor replied that roads generally follow the property line.
Larry Rosenblum suggested that the engineer stake the proposed spur road intersection as well as the Alpine Road intersection so the Board and the neighbors could visit the site and evaluate the proposal.
Mr. Flaherty agreed to stake the intersections by Friday, September 30, 2005, so the Board and the neighbors could view the site on Saturday, October 1, 2005 at 9:00 a.m.
Valerie Massard suggested that the review be continued to October 11, 2005.
BOA 3324 Emerson Rd/SP to waive front setback & enlarge non-conforming structure
Valerie Massard reviewed the request for a special permit to enlarge a nonconforming structure and to waive the front setback requirements in order to construct an 8Larry Rosenblum moved to recommend approval to the Zoning Board of Appeals based on the following:
The proposed use, an addition, is appropriate to the zone and this specific site. A dwelling has been existing on this lot for many years, and the primary structure is legally nonconforming. The legally nonconforming structure on the pre-existing nonconforming lot creates a limited area in which to construct an addition.
Adequate and appropriate facilities are in place to serve the addition, which will not need additional town services.
There will be no hazard to pedestrians or vehicles because the addition does not change vehicle or pedestrian traffic entering and exiting the site.
A pre-existing nonconforming structure may be enlarged upon issuance of a special permit by the Board of Appeals based upon a finding that the aforesaid shall not be substantially more detrimental than the existing non-conforming structure to the neighborhood. The addition will not be a nuisance or have an adverse effect upon the neighborhood because the addition will not change the primary use of the property. The slight increase in density is consistent with surrounding lots, and will not detract from the appearance of the neighborhood. No additional bedrooms are proposed with the addition.
The vote was unanimous (3-0).
BOA 3318 Ellisville Dr/SP to waive front and side setbacks
Valerie Massard presented the request for a special permit to waive the front and side setback requirements in order to reconstruct an existing dwelling to include a 24.4Brian Masterson informed the Board that the property has had a brand new septic system installed.
Paul McAlduff moved to recommend approval to the Zoning Board of Appeals based on the following:
The proposed alterations to the dwelling are appropriate within the zone and this specific site in question. The farmerAdequate and appropriate facilities serve the existing dwelling and are in place.
There will not be an increased hazard to pedestrians and vehicles. The proposed alterations will not change current pedestrian and vehicle egress/ingress to the property, or along the public way.
The reconstruction of the dwelling will not be a nuisance or have an adverse effect on the neighborhood, which consists of single-family dwellings with similar size, shape and setback conditions.
The vote was unanimous (3-0).
BOA 3323 Wyndemere Ct/ SP to waive front and rear setbacks
Valerie Massard presented the request for a special permit to waive the front and rear setback requirements in order for the applicant to retain a 22Larry Anzuoni, presented photos of the shed to the Board. Mr. Anzuoni informed the Board that when the slab was poured, the measurements were incorrect and then the Building Inspector suggested adding a footing around the pad, which further added to the encroachment on the setbacks.
Larry Rosenblum questioned whether the original permit was for a one-story structure without electricity.
Valerie Massard stated that was correct.
Mr. Anzuoni replied that when the shed was constructed, the height in the ceiling allowed for the stairs and a floor to be installed for extra storage. Mr. Anzuoni stated that he filed an electrical permit with the Building Department.
Paul McAlduff moved to recommend denial to the Zoning Board of Appeals based on the following:
The proposed use, a shed accessory to a single-family dwelling, is appropriate within the zone; however, the encroachment of the side and rear yards for the post facto structure is not appropriate to the site or the neighborhood in question. There are many similarly sized lots in this neighborhood conforming setbacks. There is adequate room on the property to construct the shed without encroaching on side and rear yard setbacks.
Adequate and appropriate facilities are in place to serve the proposed shed; however, no permits were issued for electrical service to the shed.
The shed is located on the rear of the property and will have no impact on pedestrian or vehicular access to the site.
The construction of the shed in a location that encroaches on the side and rear setbacks is a nuisance and has an adverse effect on the neighborhood, which consists of similarly-sized lots with similar single-family dwellings with conforming setbacks. The intent of the zoning bylaw is to prevent the overcrowding of land.
The vote was unanimous (3-0).
The Board took a five-minute recess.
BOA 3320 Cushman St./SP for elderly housing Atty. Edward Angley addressed the Board regarding their request at the previous meeting that Mr. Pomykala consider designating one of the units as affordable housing. Atty. Angley stated that the applicant has reviewed his plans and has determined that it would not be cost effective to designate one unit as affordable housing.
Paul McAlduff moved to recommend approval to the Zoning Board of Appeals subject to the following conditions:
All drainage shall be contained on site to meet the requirements of the Building Inspector and Town Engineer.
If a trash receptacle is used on the site, it is to be located and screened from the public view.
A maintenance plan for the site, including drainage, common drives and associated improvements, septic systems and landscaping will be provided.
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 Homeowners/Condominium Agreement shall also incorporate provisions regarding the ownership and maintenance of the common landscaped/natural areas.
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 (2-1) with Larry Rosenblum in opposition.
Conceptual Review
VOSD/Summer Street Frank Romanelli, Aaberg Associates, presented a conceptual plan to subdivide Lot 39-33 on Map 100 into three lots. The existing single family dwelling would remain on a 19,324 sq. ft. lot, a new 16,917 sq. ft. lot would be created for a single family dwelling and a 24,168 sq. ft. open space lot would be created at the rear of the site. The open space lot abuts Morton Park and would be offered to the Town. The presented plan showed a different driveway configuration than what was in the BoardLee Hartmann stated that as Summer Street is a major street, a standard subdivision would require a waiver of frontage requirements. The submitted plan showed a single shared driveway.
Larry Rosenblum was concerned with the driveway as presented because of the sight distances. Mr. Rosenblum preferred the driveway as submitted in the BoardLeo McRae stated that the driveway in the first plan would create a drainage problem and would displace their parking area.
Larry Rosenblum stated that he would need to see the topography and existing conditions of the site.
Paul McAlduff felt that the driveway that was originally submitted to the Board was the preferred option.
Malcolm MacGregor stated that while he supported the subdivision plan; the Board would need more detail on the existing conditions and the driveway design.
Site Plan Review
Russell/Sever St Don Bracken, Bracken Engineering, presented a plan to convert an existing office building to a residential/office building. The building would have eight two-bedroom units with 2,762 sq. ft. of office space. Parking on site would consist of 20 spaces and the additional ten spaces required would be through payment to the off-street parking fund. The elevations have been designed to take advantage of the change in grade on the site. The use is an allowable one under the Downtown Harbor District and the plan will have to be reviewed by the Historic District Commission.
Valerie Massard requested that the applicant return to the Planning Board with a landscape plan and lighting details.
Larry Rosenblum suggested preserving a garden area on site.
Don Bracken agreed to return at a future date with further details.
Valerie Massard presented a request for a lot release of Lot 57E, on Map 87, Great South Pond Place. Ms. Massard stated that certification has been received that the roadway improvements have been started.
Larry Rosenblum moved to release the above-mentioned lot; the vote was unanimous (3-0).
Informal Discussion Dublin Dr
Atty. Donald Correa presented a conceptual plan for a Village Open Space Development (VOSD) to construct six single family dwellings on Lots 5-2B-6, 5-2B-10A, and 5-2B-7 on Map 54. In the original subdivision plan, lot 5-2B-10A was a drainage lot. The proposed plan shows three single family dwellings facing Wedgestone Drive and three single family dwellings facing Dublin Drive with an open space lot in the middle.
Timothy Bennett, Bennett Engineering, stated that the drainage lot was originally designed as a detention basin which was not constructed and has evolved into a wetland. There would be individual on site septic systems and they have received informal approval by the Board of Health.
Lee Hartmann stated that by right there could be five units on the site (one single family dwelling and two duplexes), but the applicant is seeking to construct six single family dwellings with an open space lot.
James Dargan, 237 Beaver Dam Road, was concerned that Atty. Correa has not completed his subdivision and hoped that the Board would take that into consideration prior to permitting any further projects by the applicant.
Atty. Correa stated that a 30 ft. right of way services no one and would act as a buffer.
Larry Rosenblum suggested that duplexes would be less disruptive to the natural vegetation on the site.
Atty. Correa stated that duplexes would not be consistent with the neighborhood.
Mr. Bennett stated that the design was created to work around the wetland.
Mr. Rosenblum stated that the purpose of the VOSD bylaw was to create better land planning and he didnAtty. Correa disagreed.
Paul McAlduff and Malcolm MacGregor agreed that the proposed plans were not the best use of the site.
Briggs Ave.
Atty. Correa and Dan Orwig, Orwig Associates, presented a revised plan for access on Briggs Ave and Indian Ave. The plan showed a10,033 sq. ft. residential lot, a 14,167 sq. ft. residential lot and a 37,152 sq. ft. open space lot. The septic design has already been approved by the Board of Health. One lot would have access off Briggs Ave and one lot would have access off Indian Ave.
Lee Hartmann stated that the options for this property are a special permit for access through the Zoning Board of Appeals or a special permit for a VOSD or to submit a definitive subdivision.
Atty. Correa stated that another option would be to construct a duplex on the site.
Malcolm MacGregor questioned whether there were elevations available as required under the VOSD.
Atty. Correa replied that he did not have them.
Larry Rosenblum felt that the VOSD would be the most appropriate use of the site.
In addressing the Beaver Dam Road subdivision, Atty. Correa stated that he has not resolved his issues with the Town and Pinehills regarding the cranberry bog construction and the paving of the road by P.A. Landers. Atty. Correa stated that he has made eight different proposals, none of which have been acceptable.
Malcolm MacGregor suggested that Atty. Correa hire another paving company.
Larry Rosenblum agreed.
Malcolm MacGregor suggested continuing this issue to another meeting so the abutters could be present.
Town Meeting Articles
April 2006 Article Discussion
Lee Hartmann recommended not proceeding with the discussion until a full board was present.
The Board agreed.
Mr. Hartmann presented the vote on Article 22, Wind Energy Facilities, for signature.
Mr. Hartmann presented the revised draft language for the BoardLarry Rosenblum stated that the language wasnMr. Hartmann stated that the last sentence on the first page addresses what the transfer agreement should outline:
· Each of the 13 points noted above should be refined, further detailed and incorporated into the final agreement.
· After the land transfer, the Foundation will conduct an initial feasibility study, which establishes initial triggers for proceeding or not proceeding. Initial triggers include determining the feasibility of the construction of a new interchange, environmental issues, and delineation of clear land title.
· The final agreement should require that the Foundation conduct a community goals setting process that establishes the general community goals for development and preservation, specific site goals and establishes a relationship between the community goals and the site development goals. This should include input from abutting towns and regional planning agencies.
· The agreement should require that the Foundation prepare the master plan noted above which focuses on the established goals.
· Zoning amendments and permitting process.
· Final awarding of development rights and land transfers.
Mr. Hartmann stated that no study would be performed prior to the transfer, but that the above issues would be addressed. The vote at Town Meeting authorizes the Selectmen to establish terms and conditions.
Valerie Massard suggested that the memo clarify that the language is a change to the Town Meeting warrant as requested by the Planning Board.
Tim Grandy informed the Board that residents would be meeting to discuss the article at a meeting Friday, September 29, 2005.
Valerie Massard presented a request for a bond reduction in the amount of $100,000 for B438 - Bramhall Estates.
Paul McAduff moved to reduce the bond for B438
Valerie Massard informed the Board that Town Counsel has reviewed the Memorandum of Understanding (MOU) regarding the escrow account for Pulte Homes. Pulte is reviewing the language regarding the scope of work. The Board signed the MOU which will be held until Pulte completes its review of the language.
Larry Rosenblum was concerned that no response has been received from the State regarding the Master Transportation Plan comment period.
Lee Hartmann stated that he would check with the Old Colony Planning Council to see if they have submitted comments.
Paul McAlduff moved to adjourn at 11:00 p.m.; the vote was unanimous (3-0).
Respectfully Submitted,
Eileen M. Hawthorne
Administrative Assistant Approved on:October 17, 2005
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