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Planning Board Meeting
October 11, 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, Loring Tripp, III, and Paul McAlduff.
Planning Board Alternate: Timothy Grandy
Staff Members: Lee Hartmann and Valerie Massard
Recording Secretary: Eileen Hawthorne
Form A's:
A4163 - Map 51, Lots 12-4 & 12C - Lot line adjustment to create lots 12D (35 acres) and 12-7 (44,500 sf)
Paul McAlduff moved for the clerk to sign the plan; the vote was unanimous (3-0).
A4164 - Map 54, Lots 3-11 and 3-12 - Combine a portion of lot 3-12 with 3-11 to create 3-40 (104,000 sf); subdivide lot 3-12 to 3-38 (25,068 sf); remainder of lot 3-12 combined with a portion of lot 3-11 to create lot 3-39 (88,000 sf).
Loring Tripp moved for the clerk to sign the plan; the vote was unanimous (3-0).
Minutes:
September 19, 2005
Loring Tripp moved to approve the minutes of September 19, 2005 as presented; the vote was unanimous (3-0).
September 26, 2005
These minutes were not voted on, as Mr. Filla and Mr. Tripp were not present at the meeting.
October 4, 2005
Loring Tripp moved to approve the minutes of October 4, 2005 as presented; the vote was unanimous (3-0)
Administrative:
B487 - Ellis Estates - Bond Reduction
Valerie Massard presented the request for a bond reduction in the amount of $6,000.00 for work completed in the B487 Loring Tripp moved to approve the bond reduction; the vote was unanimous (3-0).
Presentation
Goody, Clancy Follow Up - State Grant
David Spillane, Goody, Clancy & Associates, and Pamela McKinney, Byrne, McKinney & Associates, Inc. presented a review of the progress on the Transfer of Development Rights (TDR) study.
Mr. Spillane reviewed three test sites for a potential TDR and presented three different development scenarios for each site.
The three sites studied were the Rte. 44/Colony Place site, the Manomet Plaza/Manomet Point Road, and the British Beer Company (BBC) site in Cedarville. There are four key issues that determine TDR potential: market conditions, community support, allowable development today, and feasibility of structured parking.
The Rte. 44/Colony Place site is a largely commercial property with municipal water and sewer. The current zoning for this site is General Commercial and it has been permitted for 700,000 sq. ft. of retail development. Accomodation of residential development would require use of either structured parking or a reduction of the commercial program. Scenario 1 showed townhouses rimming the perimeter of the site along Commerce Way with significant retail; Scenario 2 showed townhouses flanking the right of the site and the rear left of the site with limited retail and Scenario 3 showed townhouses flanking the right, left and rear of the site with limited new retail. The site could have 300 townhouses, 40,000 sq. ft. of retail, and could preserve 100+ acres of open space.
Nicholas Filla questioned the number of off street parking spaces for the project, as many of the parking spaces are not being used.
Pamela McKinney stated that many retailers have a standard that they require for parking. Ms. McKinney stated that the townhouses would most likely be 2 to 3 bedroom units.
Lee Hartmann questioned whether a six story building would be appropriate for the site.
Ms. McKinney replied that the market indicates that townhouse units would be the most appropriate. A downtown or more urban area could support a taller building.
The Manomet Plaza site is located in a General Commercial Zone and consists of approximately 5 acres. Currently the site is underutilized. Scenario 1 showed mixed use residential/office/retail plus townhouses; Scenario 2 showed townhouses surrounding a pocket park; and Scenario 3 detailed office retail plus townhouses and a post office. The site could support 36 townhouses, 18,800 sq. ft. retail, a post office, and would preserve approximately 10-45 acres of open space. It is likely that the site would require a shared onsite wastewater disposal system, as municipal sewer is not available.
The Cedarville site which is currently zoned General Commercial and Residential and consists of 5 acres. The site has the potential to accommodate additional commercial development and the adjacent residential parcel could accommodate medium density residential development. Scenario 1 retained the existing commercial component (BBC) while adding multifamily residential; Scenario 2 retained the BBC with townhouses; and Scenario 3 retained the BBC, added a small retail section and townhouses. The site could support 32 townhouses, 2,400 sq. ft. of retail/office and would preserve 10-25 acres of open space.
Loring Tripp suggested that the figures for density/per acreage preserved needed to be adjusted to reflect current standards. Mr. Tripp also suggested that density bonuses could change the figures.
Nicholas Filla felt it was important to emphasize that by using TDRMr. Tripp suggested incorporating design standards into the study.
The next steps for the study are as follows:
Continue discussions and prepare report by end of year
Continue to work on technical and financial parameters
Define potential zoning parameters to accommodate TDR
Make recommendations to the Planning Board
The Board looks forward to further review of the study.
The Board took a five-minute recess.
Conceptual Review
Hamlin Site/Court St.
Richard DeBenedictis presented a conceptual plan for a Local Initiative Program (LIP) to construct fourteen townhouse type apartment units on property located on Map 1, Lot 17A (0.65 acres). The proposed units would consist of 3-40Nicholas Filla was concerned with the density, which is in excess of 21 units per acre. Mr. Filla suggested moving one of the buildings closer to the street and putting the parking in the rear of that building and reversing the two buildings at the rear of the property and the parking lot. Mr. Filla suggested adding stairs at the rear of the site to access the MBTA station. Mr. Filla also suggested that the applicant should present information regarding the abutting uses and the density per acre on the surrounding properties. Mr. Filla reminded the applicant that the proposal should be presented to the North Plymouth Steering Committee.
Atty. Donald Nagle, representing the applicants, felt that the fourteen unit project is appropriate from a zoning standpoint and a business/development point of view.
Valerie Massard questioned the percentage of affordable housing that the applicant was seeking.
Roy Hamlin estimated that the two affordable housing units would be targeted for applicants with a combined income of $54,000. Mr. Hamlin stated that the structure next door has fourteen units. He stated that a previous Board of Appeals case approved the property for twelve units, but the sewer moratorium prevented the construction at that time.
Loring Tripp felt that the concept was not out of character with the neighborhood. Mr. Tripp questioned the cost per square foot for construction of a modular unit.
The cost is approximately $90 per sq. ft. Mr. Tripp suggested that the applicant consider contacting the Mass. Dept. of Housing regarding the affordable units, as they might subsidize the units if there were three or more. Mr. Tripp also suggested adding landscaping to the front to break up the façade of the building.
Mr. DeBenedictis stated that the Affordable Housing Committee suggested that the project could be a Chapter 40B.
Valerie Massard stated that the applicant should choose whether he wants to approach the project under the LIP or under Chapter 40B.
Nicholas Filla stated that the applicant should also consider handicap access.
The Board looks forward to further review of the proposed project.
Town Meeting Articles
April 2006 Discussion
The Board discussed the list of Articles presented for consideration and decided to move forward for the April Town Meeting with an article for Age Restricted Developments and with the lands to be accepted from several approved subdivisions.
Valerie Massard suggested that the Board consider whether the lands gifted to the Town should be through the Conservation Commission or as general municipal lands.
BOA 3326 - Albert & Olivia Bouchard
Lois St./SP front setback & enlarge non-conforming structure
Valerie Massard presented the request for a special permit to enlarge a nonconforming structure and to waive the front setback requirements in order to remove an existing deck and construct a 12Loring Tripp moved to recommend approval to the Zoning Board of Appeals subject to the following conditions:
The sunroom shall not be converted to year-round use without further review by the Board of Appeals.
The recommendations of the Design Review Board be met to the satisfaction of the Board of Appeals.
The vote was unanimous (3-0).
BOA 3325 - Stephen Minsky
State Rd/Samoset Ave - SP side setback
Nicholas Filla recused himself from this review and left the room.
Valerie Massard presented the request for a special permit to waive the side setback requirements in order to construct an 81'x20' addition to an existing building. The addition would replace a tractor-trailer, which has been used on site for storage. An evergreen buffer along that side of the property would be maintained.
Paul McAlduff moved recommend approval to the Zoning Board of Appeals subject to the following condition:
Petitioner will replace any of the buffer spruce trees that die because of the construction with 8The vote was unanimous 2-0.
Site Plan Review
N & J Realty Trust/128 Long Pond Rd
Valerie Massard presented the site plan review for construction of a 66Loring Tripp moved to notify the Building Commissioner that the proposed building is acceptable and that the site plan complies with the minimum requirements of the zoning bylaw if the below conditions are satisfied:
The plans depict ingress and egress over an existing private property under separate ownership, with limited stormwater facilities. Legal rights to access the site over the adjacent property and clarification of ownership and maintenance of the proposed stormwater management structure on Lot 49-9 shall be documented.
A detailed landscaping plan shall be provided which specifies plantings in the front bed, it is suggested that said plantings be drought-tolerant. A variation in the plantings (1/2 spruce, for instance) in case of a disease that affects one species in future is recommended. Loaming and seeding of all disturbed unpaved areas with 6-inches of loam shall be added to the plans. Section 205-51 requires a 10-foot planted buffer along the lot lines owned by a particular industry -- no such buffer is depicted along the rear of the lot; however, the industry owner may be the same. This should be documented or otherwise addressed.
Compliance with the Prevention of Light Pollution Zoning Bylaw must be documented. Lighting details should be submitted.
Prior to issuance of an occupancy permit: a Registered Professional Engineer must certify that the drainage system, drive ways, curbing and parking areas have been installed; and a Registered Landscape Architect or other qualified licensed professional must certify that the required landscaping has been installed; all according to accepted practices and in compliance with the Zoning By-law and the approved site plan.
Compliance with ADA requirements must be documented.
The Town Engineer must approve the proposed drainage design and calculations.
Conservation Commission permits are required for work under its purview.
The vote was unanimous (3-0).
Development Review
Black Cat Estates/Alpine Rd
Mark Flaherty, Flaherty & Stefani, Inc. informed the Board that 8 or 9 neighbors met at the site with the applicant and Mr. Rosenblum and Mr. MacGregor to review the proposed spur road. The neighbors were not in favor of construction of a spur road. They felt that the proposed improvements to Little Sandy Pond Road as shown on the approved subdivision plans were more appropriate. Mr. Flaherty suggested relocating the driveways for access to lot 71-315 and lot 71-319 to align with John Paul Road and closing off a portion of Alpine Road with a guardrail to improve the intersection at Upland Road.
Nicholas Filla suggested utilizing low vegetation along the guardrail.
Valerie Massard questioned whether the road could legally be blocked.
Mr. Flaherty stated that the residents in the area have rights to the roads in the subdivision and they may not have the rights to block the road. Mr. Flaherty stated that the applicant proposes to install 20 mph signs in two locations along the road and a Do Not Enter sign.
Loring Tripp suggested that as it is a realignment of the road, no rights to the road would be extinguished.
Mr. Tripp moved to accept the road improvement plan as presented; the vote was unanimous (3-0).
Mr. Flaherty stated that the next step would be to submit the plan for endorsement.
Loring Tripp moved to adjourn at 9:30 p.m.; the vote was unanimous (3-0).
Respectfully Submitted,
Eileen M. Hawthorne
Administrative Assistant Approved on: October 24, 2005
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