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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
Form A's:
A4180 - Map 23, Lot 22 (10483 sf), 106.5 & 108 Sandwich Street - An 81L plan that subdivides the lot into lots 22-1 (2227 sf) and 22-2 (8256 sf)
Paul McAlduff moved for the clerk to sign the plan; the vote was unanimous (5-0).
A4181 - Map 46, Lots A17 (35628 sf) and P (29018 sf), Hawley Ave - Lot line adjustment to create lots A17-1 (34592 sf) and P-1 (30054 sf)
Paul McAlduff moved for the clerk to sign the plan; the vote was unanimous (5-0).
A4182 - Map 98, Lots 44A (24931 sf) & 42G (32524 sf), Bumpus Road - Lot line adjustment to create lots 44A-1 (27746 sf) and 42G-1 (29709 sf)
Paul McAlduff moved for the clerk to sign the plan; the vote was unanimous (5-0).
A4183 - Map 27, Lot 44 (4.07A), Obery Street - Subdivide into lots 44-1 (.77A), 44-2 (.75A), 44-3 (.55A), 44-4 (1.53A) and 44-5 (.47A)
Paul McAlduff moved for the clerk to sign the plan; the vote was (1-4) with Paul McAlduff in support. No further action was taken.
A4184 - Map 45, Lot 568 (42073 sf), White Horse Road - Subdivide into lots 587 (20,014 sf), and 588 (22,059 sf)
Paul McAlduff moved for the clerk to sign the plan; the vote was unanimous (5-0).
Public Hearing - B532 - Subdivision - Duck Plain Road
To be continued to January 23 to include SP for Adequate Facilities
Nicholas Filla read the public hearing notice and opened the public hearing.
Loring Tripp, III recused himself from the hearing and left the room.
Paul McAlduff moved to continue the public hearing to January 30, 2006, at 7:15 p.m.; the vote was (4-0). The public hearing for the Special Permit for Adequate Facilities will also be continued to January 30, 2006 as there will not be a full Board at the January 23, 2006 meeting.
Loring Tripp returned to the meeting.
Minutes:
December 12, 2005
Malcolm MacGregor moved to approve the minutes of December 12, 2005 as presented; the vote was (5-0).
December 19, 2005
Malcolm MacGregor moved to approve the minutes of December 19, 2005 as presented; the vote was (3-0-2) with Larry Rosenblum and Nicholas Filla in abstention as they were not present at the meeting.
Public Hearing (cont) Modification of Subdivision Plan
To be continued at the applicantLee Hartmann informed the Board that the applicant had submitted a letter asking for a continuance to the first week in March. The applicant expects his revised plans to be completed by February 15, 2006.
Paul McAlduff moved to continue the public hearing to March 6, 2006 at 7:15 p.m.; the vote was unanimous (5-0).
BOA 3321 - Goscon, Inc.
Chilton Park II/Harborlight Drive - Landscape Plan
Don Bracken presented a revised landscape plan for the approved elderly housing development (25 units) off Harborlight Drive. The plan included plantings of rhododendrons as a buffer along Plimoth Plantation Highway, four foot wide pedestrian paths along the interior of the circle driveway and out to Nixon Ave., a boccie court within the center area, and four-six foot park benches scattered throughout site.
Lee Hartmann suggested that the no cut buffer area along the highway be noted and defined on the plan.
Mr. Bracken agreed to include the note on the layout plan.
Larry Rosenblum moved to add the following condition:
The applicant has agreed to define a no-cut vegetation buffer along the property line abutting the highway. The buffer should be shown on the layout plan.
The vote was unanimous (5-0).
Larry Rosenblum moved to recommend approval of the landscape plan to the Zoning Board of Appeals subject to the above-mentioned condition; the vote was unanimous (5-0).
Don Bracken requested that the Board consider Harborlight Drive for the road name. The Town Engineers had suggested that the proposed driveway be considered an extension of Harborlight Drive and therefore continue the road name throughout.
Larry Rosenblum suggested that the driveway from the beginning of the circle be named "Harborlight Circle".
Paul McAlduff moved to approve "Harborlight Circle" as the name for the circular driveway; the vote was unanimous (5-0).
Administrative:
B437 - Pinehills Development
Lee Hartmann presented the Ryecroft and Great Island, Phase III plans for Pinehills LLC for endorsement by the Board.
Loring Tripp moved for the Board to endorse the plans for Ryecroft and Great Island, Phase III; the vote was unanimous (5-0).
B511 - Bassett Subdivision
Bond Reduction
Lee Hartmann presented a request for a bond reduction in the amount of $21,760.00 plus accrued interest for work completed in the B511-Bassett Subdivision.
Paul McAlduff moved to approve the bond reduction for B511-Bassett Subdivision in the amount of $21,760.00 plus accrued interest; the vote was unanimous (5-0).
Public Hearings - Town Meeting Articles
Rezone: Map 124, Lots 85 & 9-76
Nicholas Filla read the public hearing notice and opened the public hearing.
Atty. Edward Angley presented the petitioned article to change the zoning for Lots 85 (1.19 acres) and 9-76 (5.32 acres) (portions of each are in the RR and R-25 zones) to Neighborhood Commercial (NC). Atty. AngleyThe Board felt that it might be premature to rezone these parcels. Although not opposed to the concept, they preferred to wait for A. D. Makepeace to present their plans for a village center before making any decisions. The Board also noted that the abutting campground has the ability to estblish a retail store. They felt the area does need a village service center, but that it should be planned, with input from the neighbors, traffic studies, building envelopes detailed, adequate parking designed, substantial buffering, etc.
Atty. Angley has encouraged his client to conceive and execute a plan for the site. Atty. Angley requested that the public hearing be continued.
Loring Tripp moved to continue the public hearing to January 23, 2006 at 7:30 p.m.; the vote was unanimous (5-0).
Rezone: Map 89, Lot 48
Nicholas Filla read the public hearing notice and opened the public hearing.
Atty. Edward Angley began the presentation of a petition to rezone fourteen acres (Lot 48) at the rear of Home Depot Drive from Rural Residential (RR) to Highway Commercial (HC). He informed the Board that he has scheduled a workshop in two weeks to meet with DPW and other parties regarding infrastructure for the site. Ron Mueller, a traffic consultant will also be in attendance.
Nicholas Filla suggested that this parcel might be appropriate for a TDR receiving area, residential or mixed use. Another alternative would be to use this parcel to create a loop road between Holman Road and Home Depot Drive.
Atty. Angley stated that if a loop road was created the intersection between Long Pond Road and Home Depot Drive certain intersections would fail. Another lane would have to be added to Home Depot Drive, which could be done, but the intersection was not designed to handle the additional traffic that would be generated.
Atty. Angley suggested that the parcel could also be utilized for apartments, an office and/or medical office structure, or light manufacturing.
Lee Hartmann stated that without infrastructure information, it would be difficult to support the proposed rezoning.
Nicholas Filla suggested that Mixed Commerce (MC) might be a more appropriate zoning use.
Lee Hartmann stated that to consider this parcel for anything but Highway Commercial, an article would have to be reserved for a future Town meeting.
The Board felt that more information was needed.
Loring Tripp moved to continue the public hearing to January 23, 2006 at 7:30 p.m.; the vote was unanimous (5-0).
Public Hearings (cont. from 12/19/05)
Retirement Mobile Homes PUD/Age Restricted Developments
Lee Hartmann presented the draft language for Age Restricted Development. The issues remaining are the density and the requirement that all persons be 55 and over. The change would only apply to village service areas: RR, R40, NC, GC, AC, LI, AP, MC, and HC districts would be excluded. The bylaw would define and give guidance for a special permit for age-restricted development. Currently the bylaw only addresses Larry Rosenblum suggested raising the age restriction to 60 or 65 instead of allowing Paul McAlduff felt that the proposed age restriction of one person 55 or over was appropriate.
Loring Tripp stated that surrounding communities and the Pinehills Development allow
Mr. Hartmann reviewed the proposed density as follows:
District Density
Medium Lot Residential (R-25) 3 units/acre
Small Lot Residential (R-20SL) 4 units per acre
Mixed Density Development (R-20MD) 4 units per acre
Multifamily Residential (R-20MF) 4 units per acre
Waterfront (WF) 6 units per acre
Transitional Commercial (TC) 8 units per acre
Light Industrial/Waterfront (LI/WF) 8 units per acre
Downtown/Harbor District (DH) 8 units per acre
Lee Hartmann stated that the correct density under R-20MF should be 8 units per acre.
Loring Tripp moved to continue the public hearing to January 23, 2006 at 7:45 p.m.; the vote was unanimous (5-0).
Parking
Atty. Edward Angley presented the petitioned article to change the parking space requirements for a food and beverage establishment from "1 space for each 3 seats or 1 space for each 50 square feet of gross floor area, whichever is greater" to "1 space for each 3 seats". The current regulations are creating parking lots that are larger than necessary. Atty. Angley stated that the Building Commissioner, Mr. Manfredi is supportive of the change.
Loring Tripp moved to recommend approval of the article to Annual Town Meeting; the vote was unanimous (5-0).
Special Permit Applications
Lee Hartmann presented the proposed changes to the bylaw regarding the number of plans submitted with a filing for a special permit. The effect of this amendment would be to eliminate requirements for a specific number of plans and allow the Special Permit Granting Authority to establish the number of copies needed through its rules and regulations. The changes would be as follows:
Strikethrough words deleted
Underlined words added
§ 205-9.Special permits.
C. Environmental design conditions.
(2) Administration of environmental design conditions. [Amended 4-17-1975 ATM by Art. 68; 4-6-1978 ATM by Art. 59]
(a) Procedures shall be the same as prescribed in Subsection A of this section for all special permits except that more detailed review shall be needed, additional information shall be provided on plans with required number of copies indicated on forms provided by the special permit granting authority and should include any plans or other documents advised previously by the Building Inspector. The special permit granting authority may require additional information as necessary to adequately judge the merits of the request. the applicant shall file a sufficient number of copies, as determined by the Board of Appeals, with Tthe Board of Appeals which shall be distributed the
plans to the as follows: [1] Planning Board: two., [2] Design Review Board: two., [3] Building Inspector: one., [4] Conservation Commission: one., [5] Town Engineer: one., [6] Department of Public Works: one., [7] Board of Selectmen: one., [8] Fire Chief: one., [9] Police Chief: one., [10] Board of Health: one, and other departments, agencies, boards, and commissions as may apply.
Paul McAlduff moved to recommend approval of the article to Annual Town Meeting; the vote was unanimous (5-0).
R40/RDD
Lee Hartmann presented the petitioned article that would amend the bylaw to allow a Rural Density Development (RDD) in the R-40 District. The amendment also allows for the use of Transfer of Development Rights (TDR) as part of the development process. The number of homes allowed does not change from the number allowed under a standard subdivision development. In addition, for every home developed, a minimum of one half acre of open space must be set aside.
An RDD requires a special permit. Therefore, an RDD development must receive a super majority vote (4 out of 5 members) of the Planning Board before it can proceed.
Loring Tripp questioned whether Mr. Hartmann replied that under the proposed amendment, the Board would be allowed to waive the lots line requirements when appropriate.
Paul McAlduff moved to recommend approval of the article to Annual Town Meeting; the vote was unanimous (5-0).
BOA 3340 - McDonalds Restaurant
Route 44
Atty. Edward Angley and Al McAlley, Ayoub Engineering, presented a modified site plan and architectural drawings for a special permit to demolish and reconstruct the existing McDonalds on Rte 44. Although the Board and the Design Review Board preferred a the Algonquin Heights entrance as requested by the Town Engineer and revised parking in that area. They plan to install a sewer stub for the potential connection to a future sewer line along Rte 44.
Paul McAlduff suggested that the landscaping in front of the building be kept low to maintain the sight distances and not block the view of the restaurant.
Larry Rosenblum suggested a few trees in front of the building to filter the restaurant from the street and more subtle signage.
Loring Tripp suggested that the type of trees in the CVS parking lot across the street would be appropriate for this site and maintain a consistent appearance along Rte. 44.
Nicholas Filla suggested adding pedestrian lights along the front of the site.
Loring Tripp moved to recommend approval to the Zoning Board of Appeals subject to the following conditions:
Prior to issuance of a Building Permit, the plans shall be revised to address the following:
a. The stop bar on the January 4, 2006 C-1 sheet at Algonquin Terrace shall be moved towards the building so that it is located prior to the sidewalk.
b. Runoff from the site sloping to Samoset Street is not allowed to flow onto Samoset. The petitioner agreed to look at bio-retention in the landscaping along Samoset Street to try to contain this runoff. The Town Engineer shall review on-site drainage subject to final approval by the Board of Appeals.
c. DPW requests that all sidewalks (Algonquin Terrace and Samoset Street) at this property be upgraded if conditions require it, DPW will confirm if this is needed.
d. DPW requested, and the petitioner will consider, installation of a 6-inch dry sewer stub for a future connection if sewer is installed at a future date. DPW considers a 5-year timeframe reasonable for potential sewer. Although detail is not available on the location of future sewer, a 4-5e. The petitioner agreed that the drive-through exit would be modified so that the curb is pointed and extended to the north to create a forced left-hand turn to require traffic to exit via Algonquin Terrace.
f. A stop sign is to be added at the end of the one way driveway located in front of the building.
g. Significant trees are to be added (without blocking the buildingh. Two or three decorative streetlights (similar to the lights located across the street at the CVS plaza) are to be installed along the lots Samoset Street frontage.
i. Final architectural and landscaping plans will be presented to the DRB and Planning Board for comment, subject to final approval of the Board of Appeals.
j. The number of seats will be shown on the plans.
Prior to issuance of a Certificate of Occupancy:
A Registered Professional Engineer must certify that the drainage system, drive ways, curbing and parking areas have been installed according to accepted practices and in compliance with the Zoning By-law and the approved site plan.
Lighting is to comply with the Light Pollution Bylaw. Compliance with the Prevention of Light Pollution Zoning Bylaw must be documented.
A Registered Landscape Architect or other qualified licensed professional must certify to the Building Commissioner prior to the issuance of a final occupancy permit that the required landscaping has been installed in accordance with: the approved site plan, the Zoning Bylaw, and acceptable landscape practices.
The vote was unanimous (5-0).
Loring Tripp encouraged the Board to review the Nuclear Matters Committee Report, which was handed out prior to the meeting. Mr. Tripp suggested that the Planning Board ask the Board of Selectmen to consider placing the issue on the Spring ballot. Mr. Tripp moved to ask the Board of Selectmen to add a discussion of the Nuclear Matters Committee Report to the next joint meeting; the vote was unanimous (5-0).
Paul McAlduff moved to adjourn at 9:05 p.m.; the vote was unanimous (5-0).
Respectfully Submitted,
Eileen M. Hawthorne
Administrative Assistant Approved on: January 23, 3006
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