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Planning Board Minutes October 17, 2005
Planning Board Meeting
October 17, 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, Malcolm MacGregor, and Paul McAlduff.
Planning Board Alternate: None
Staff Members: Lee Hartmann and Valerie Massard
Recording Secretary: Eileen Hawthorne

The Board remembered William (Bill) Franks for his dedication and devotion to the Town of Plymouth.  A moment of silence was held in his honor.  

Form A's:  
A4165 - Map 59, Lot 29 (4.42A) - Subdivide into Lots 29-48, (1.16A), 29-49 (0.97A), 29-50 (1.14A), 29-51 (1.15A)
This Form A was continued to next week.    

Low Impact Stormwater Design Presentation NSRWA
Alison Demong, Project Manager for NSRWA, informed the Board that the presentation was made possible through a grant from the Department of Environmental Protection to encourage low impact development on the South Shore.  Several workshops have been held in Kingston, Comprehensive Environmental, Inc. (CEI) was hired to review the bylaws and regulations of the towns and a DVD that was created for Virginia, titled
Eileen Pannetier, President of CEI, presented a study entitled
Valerie Massard stated that the Town would like to work with CEI to apply for grants to implement the design standards.
The Board was enthusiastic about the information presented and would like to utilize the stormwater and landscape design criteria to improve drainage in future developments as well as other projects.  

Nicholas Filla presented pictures of a wind turbine development in Pennsylvania. The turbine development had six turbines, 350 ft. in height, on approximately 60 acres.  Mr. Filla was impressed with the aesthetics of the turbine development and thought it might be appropriate in certain areas of Plymouth.
Loring Tripp moved for the Board to reconsider their vote on Article 22
Paul McAlduff moved for the Board to support Article 22
Public Hearing: Nestle Down VOSD (new)                          
        A & H Realty Trust/off Stage Point Road
Nicholas Filla read the public hearing notice and opened the public hearing.
Atty. Robert Betters requested that the public hearing be continued until a full Board was present.
Loring Tripp moved to continue the public hearing to October 31, 2005 at 7:30 p.m.; the vote was unanimous (4-0).

Administrative:
Valerie Massard presented a request for a performance guarantee reduction for B487 - Ellis Estates.  The performance guarantee reduction in the amount of $10,000 is for the work completed in the subdivision and the creation of the homeowner
Paul McAlduff moved to reduce the bond held by $10,000; the vote was unanimous (4-0).  

Minutes:
September 26, 2005
Paul McAlduff moved to approve the minutes of September 26, 2005 as presented the vote was (2-0-2) with Nicholas Filla and Loring Tripp in abstention as they were not present.  

Loring Tripp suggested that the Board consider requiring that the rezoning of the Courthouse area be contingent upon placing the conservation restriction on the County Farm.  Mr. Tripp felt that the rezoning would significantly increase the value of the Courthouse area and that the Town needed some assurance that the restriction would be placed on the County Farm.

BOA 3327
Seven Hills/Carver Rds
William Shaw, Associated Engineering, Inc., presented the request for a variance of frontage reduction requirements on a Major Street and to subdivide the two lots into three lots.  Mr. Shaw also presented a diagram showing a division of the property under the Village Open Space Development bylaw.  Mr. Shaw informed the Board that the street trees along Seven Hills Road would be maintained and a buffer would be provided between the residences on Sparrow
Valerie Massard was concerned that the proposed lots do not meet width and/or depth requirements.  Ms. Massard also had concerns with the driveways being too close together.   
Mr. Shaw stated that his client was requesting relief from the bylaw because Carver Road and Seven Hills Road were not Major Streets when the lots were created.   Mr. Shaw stated that the existing driveway would not be utilized and there would be only one curb cut on Carver Road.
Loring Tripp suggested that the applicant consider creating two lots with a duplex on each lot.
Ms. Massard was still concerned with the width and depth of two lots.
Nicholas Filla suggested creating two lots with a single family dwelling on each lot.
Mr. Shaw suggested that he return on October 31, 2005 with revised plans showing the suggested two lot scenarios.
The Board agreed.

Site Plan Review
310 Court St
Valerie Massard presented a site plan review for interior renovations of the Sherman building at 310 Court Street.  The building would have eight residential units on the second and third floors with office and storage space on the first floor. Ms. Massard was concerned whether there is adequate parking.  
Atty. Lothrop Withington informed the Board that the building covers most of the site and that there was no space to add parking.  Atty. Withington stated that the parking spaces were grandfathered.  The plan shows four office units and storage on the first floor.  There would be 3 two-bedroom units on the second floor and 3 two-bedroom units on the third floor and  2 townhouse style units with living room, kitchen and dining area on the second floor and three bedrooms on the third floor.  Atty. Withington submitted four letters in support of the project from adjacent property owners.    
Paul McAlduff questioned whether any affordable housing units would be included as the proposal creates eight residential units.
Atty. Withington agreed to discuss it with his client.
Nicholas Filla requested that a site plan be submitted.  He stated that when it was a commercial use, there was employee parking at the rear of the building and that by changing the use of the building additional parking should be detailed.  Mr. Filla felt that as the building had been vacant for an extended period of time, the grandfathered parking was no longer in effect.   Mr. Filla suggested that it would be appropriate for the applicant to contribute to the parking fund.  
Atty. Withington disagreed.  He felt that the grandfathered parking was still in effect
Malcolm MacGregor moved to recommend approval of the site plan to the Building Commissioner subject to the following:
ALTHOUGH NOT REQUIRED UNDER THE ZONING BYLAW, THE APPLICANT WAS ASKED TO CONSIDER IF HE/SHE WOULD:
Pay into the off-street parking fund for the 86 spaces, since no off-street parking is available on the lot and parking is not adequate in the area.  The Town is working towards creating a parking garage or other parking amenities to relieve on-street parking in the downtown and north Plymouth areas.  The Planning Board recognizes that there is a town parking lot in the vicinity of the site, and that the intent of the grandfathering of the parking spaces is to encourage renovation of vacant buildings.  A gift to the parking fund in some amount would be welcomed under the circumstances.
Consider making one of the new residential units affordable so that it would comply with state guidelines and count towards the Town
UNDER THE BYLAW:
Compliance with the Prevention of Light Pollution Zoning Bylaw must be documented.
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.
Internal sprinkling and fire alarm systems must be provided if required by the Fire Chief
The vote was unanimous (4-0).

The Board took a five-minute recess.

Chapter 40B Review
Twin Pine Farms/Carver Road
Valerie Massard began the review for Twin Pines Farm, for a Comprehensive Permit under M.G.L. Chapter 40B, Sections 20-23.  The application proposes to construct 20 attached townhomes with 2 bedrooms, 1.5 baths and 2 parking spaces on approximately 2.88 acres.  Ms. Massard reviewed the Board
Project's rural location.
Density of the proposed development is too high.  The number of bedrooms is presented as two bedrooms per unit, and should be limited to two bedrooms in the future.
Internal site layout and building design/massing is a concern.  
Environmental (water quality, site grading) concerns must be addressed, including nitrogen and phosphate loading in ground and surface water.
Traffic safety concerns must be addressed, including pedestrian crossing of Carver Road.
Adequate buffers to neighboring uses are needed.
Phasing may be needed to reduce impacts to the school system.
Adequate parking should be supplied for the proposed use, including visitor parking.
The West Plymouth Steering Committee and a West Plymouth Citizens Group shared many of the same concerns.  Ms. Massard noted that the original proposal was for twenty-four units and the density of the project was reduced by four units.  
Atty Robert Betters, stated that the Zoning Board of Appeals has scheduled a public hearing for  the application for November 9, 2005. Atty. Betters stated that the most significant change in the project is the reduced density.  Atty. Betters informed the Board that the design of the septic system would allow for six of the units to be expanded to three bedroom units.
Al Skomiel, the proponent, reviewed the location of the site for the Board and presented a revised site plan showing 2 four unit clusters close to Carver Road with 4 three unit clusters behind them.  The two rear clusters would have parking beneath the units.  There would be two assigned parking spaces for each unit with 12 visitor parking spaces.
Nicholas Filla reminded the applicant that the Board had requested a contour plan and proposed grading plan.
Mr. Skomiel stated that he has preliminary grading and septic plans, but did not bring them to this meeting.
Ms. Massard stated that the Board could pass along its concerns regarding the grading and drainage to the Zoning Board of Appeals.
Mr. Skomiel presented the landscape plan.  There will be community gardens on the site and buffering of 20 ft. around the perimeter of the site with the exception of one 14 ft. area.   A six foot, Versaloc retaining wall will be constructed at the rear of the property.  
Malcolm MacGregor inquired about the maintenance plan for the vegetation and the Board of Health requirements regarding nitrogen loading.
Mr. Skomiel stated that the condo association documents would address the maintenance of the landscaping and pumping of the septic tanks.  
Ms. Massard stated that under Title Five requirements, there would be a fifty percent overall reduction in the nitrogen loading on the site.   A condition could be suggested for a certain standard.  The project may also be subject to the wetland bylaw.
Loring Tripp was in favor of the reduction of units, but suggested that a site closer to a village center would be more appropriate for a project of this size.  Therefore, he would not support the project.  He also suggested that the site could have more amenities for the residents.  
Neighbors still had concerns with increased traffic, on site parking, and the possibility of expanding six of the units to three bedrooms.  
Bob Engler stated that the increase in bedrooms is a matter of negotiation with the Zoning Board of Appeals.  
Ms. Massard stated that the traffic study would be sent out for peer review.
Mr. Tripp suggested that staff obtain accident reports for this area from the Police Department.   He also suggested that a well for irrigation should be revised to capture some of the runoff.  
Mr. Skomiel stated that the traffic study submitted was based on twenty-four units.  He will have his traffic engineer at the public hearing to address any questions.   
Mr. Tripp suggested that the applicant vary the colors of the clusters to create a village feel.   
Nicholas Filla suggested eliminating the six units at the rear of the site in order to protect the wetlands and that the applicant should increase the buffered areas.
Nicholas Filla suggested that staff compile a list of all the Boards concerns and suggestions and present it for review at the next meeting
Paul McAlduff moved to continue the review to October 31, 2005; the vote was unanimous (4-0).

The Board took a five-minute recess.

Conceptual Review
Commerce Park
Atty. Robert Betters began the conceptual review for an outlet shopping center on Lot 1-27 on Assessor
Rob Barsamian, OVP Management Inc., informed the Board that the proposed outlet center would consist of approximately 455,000 sq. ft. of retail including a food court, surrounded by parking.  The interior of the site would have entertaining venues which would be used during sponsored events held throughout the year and for community activities.  The proposal was reviewed by the West Plymouth Steering Committee and Town staff.  The center would be similar to the Settlers Green Outlet Village in North Conway, New Hampshire.  The connector road from Rte. 80 to Rte. 44 would be maintained.
Valerie Massard informed the Board that a new traffic engineer has been hired to address the changes in the traffic patterns.
Nicholas Filla suggested connecting this site with the West Plymouth Plaza site.
Mr. Barsamian stated that there were a couple of places a connection could be made, but it the owners of West Plymouth Plaza would have to agree.    
Loring Tripp suggested that buildings C & E be moved back to provide a roofed space for public gatherings and a village green area.  Mr. Tripp encouraged creating a pedestrian friendly site.  He also suggested that the Transfer of Development Rights (TDR) could be utilized to create a mixed use site with retail and work force housing.  He suggested that grants and subsidies could be available for a mixed use project.
Roy Smith, BSC Group, reviewed the traffic flow on the site and the proposed connector road.  There has been a reduction in curb cuts from the previous plan, which Mass Highway will review.  There will be a MEPA filing with an EIR.
Jim Nicholson, WPSC questioned the extent of the traffic study.
Mr. Barsamian showed fifteen different traffic areas that are being studied.
Nicholas Filla requested that the applicant submit reduced copies of the colored renderings to the Board.  
Neighbors were concerned with adequate buffering from residential homes and the possibility of additional traffic through the adjacent neighborhoods.  
The Board looks forward to further presentations.

Site Plan Review
Convert Office Space to Residential
Don Bracken, Bracken Engineering, began the presentation that the Board had requested regarding the architecturals and landscaping for the mixed use structure on the corner of Sever and Russell Streets.  There are two scheduled meetings with the Historic District Commission. Bill Forniciari, Forniciari and Noseworthy, Inc., presented photos of existing and previous structures in the area.  Mr. Forniciari reviewed the elevations for the building and the proposed landscaping.
Loring Tripp moved to recommend approval of the site plan to the Building Commissioner subject to the following conditions:
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.
Internal sprinkling and fire alarm systems must be provided if required by the Fire Chief.
The vote was unanimous (4-0).  

Loring Tripp moved to adjourn at 10:35 p.m.; the vote was unanimous (4-0).

Respectfully Submitted,



Eileen M. Hawthorne
Administrative Assistant                                Approved on:________________