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Planning Board Minutes January 23, 2006
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These minutes are not verbatim
Board Members: Loring Tripp, III, Larry Rosenblum, and Paul McAlduff.
Planning Board Alternate: None
Staff Members: Lee Hartmann and Valerie Massard
Recording Secretary: Eileen Hawthorne
Form AA4173 Paul McAlduff moved for the clerk to sign the plan; the vote was unanimous (3-0).
A4185 Paul McAlduff moved for the clerk to sign the plan; the vote was unanimous (3-0).
Chapter 40R Discussion
Ted Carman & Angus Jennings from Concord Square Development Company Inc., presented a proposal for a draft application to be submitted to the Department of Housing and Community Development (DHCD) for the Cordage Park Smart Growth District. The Town has received a grant of $50,000 from the State to pay for planning of a Chapter 40R District. Mr. Carman and Mr. Jennings have met with staff, the owners of Cordage Park, and the North Plymouth Steering Committee in order to draft an application, a zoning bylaw, and design standards for the Cordage Park Smart Growth District. They will be presenting the information to the Board of Selectmen on January 31, 2006. The objective is to balance the development needs of the owners of Cordage Park with the neighborhood desires. If all parties are
comfortable with the proposal, it would be presented at Spring Town Meeting.
Larry Rosenblum suggested that Mr. Carman summarize the purpose of a Chapter 40R District.
Mr. Carman reviewed the history of the Chapter 40R legislation, which was passed in June of 2004, with Chapter 40S legislation passed in November of 2005. The legislation provides incentives for a town to provide higher density zoning than what is normally allowed in a designated district. The State supports a variety of housing in smart growth locations. There are four benefits to the community: there is an initial payment to the Town when the zoning is passed that in this case would be approximately $500,000; when construction starts, for each building permit issued the Town would receive an additional $3,000 per unit; the Town would move to the head of the line for capital expenditures that the State has for water, sewer and other improvements that would be necessary; and under Chapter 40S, the Town would be
held harmless for education costs associated with the development after it is built. The formula under Chapter 40S is as follows: half the property taxes assessed to the development minus {the number of school children (calculated annually) times the cost per pupil to educate}. If the 50 percent of the taxes assessed does not equal the full cost of educating the students living in the development, the State would make up the difference annually. The benefits are substantial and could result in State assistance with other improvements. In order for the State to make the benefits available, a number of requirements have to be met by the developer and the community. One is location, of which the Cordage Park site meets all location requirements. The second is the density: 20 units per acre for multi family; 12 units per acre for two or three family housing; or 8 units per acre for single family housing. These densities are similar tothe surrounding neighborhood. Third, the development must have 20 percent of the units designated as affordable housing at 80 percent of median. The goal is to align the community with the developer. The legislation allows for design standards to be implemented by the community, that maintains the quality and character of the surrounding neighborhoods.
The zoning must be approved by the DHCD prior to it moving forward to Town Meeting. Issues with infrastructure, traffic, etc. would be addressed up front and the design standards would allow for review of the project as it moves forward.
Lee Hartmann stated that there is a public hearing scheduled on January 31, 2006 at 7:45 p.m. regarding the proposed zoning for Chapter 40R (a public hearing has to be held prior to the application being submitted to DHCD). The developer of Cordage Park already has plans for the site, but would like to consider this option. This is the beginning stage of the process, that would require a positive vote from Town Meeting to enact.
Angus Jennings stated that the concept of the Chapter 40R legislation is to reinvest in areas that have existing infrastructure. There will be working sessions with the Town Boards, the North Plymouth Steering Committee and the community to draft the design standards.
The Board was very supportive of the Chapter 40R proposal for Cordage Park and encouraged the consultants to move forward with the process.
Paul McAlduff moved for the Board to support the application to the Department of Housing and Community Development for the planning and creation of the Cordage Park Smart Growth Zoning District; the vote was unanimous (3-0).
The Board also looks forward to the process of drafting design standards that will define the scope of the proposed project.
Public Hearing Special Permit for Adequate Facilites
To be continued to January 30, 2006 to include Subdivision
Loring Tripp recused himself and left the room.
Larry Rosenblum read the public hearing notice and opened the public hearing.
Valerie Massard suggested that the Board continue the public hearing until there was a full Board present.
Paul McAlduff moved to continue the public hearing to January 30, 2006 at 7:15 p.m. the vote was unanimous (2-0).
Loring Tripp rejoined the meeting.
BOA 3342 Cordage Park/Modif. Of SP, EDC, Roobar Restaurant
Jeff Metcalfe presented a request for a Special Permit subject to Environmental Design Conditions (EDC) in order to construct a 178-seat restaurant/pub at 10 Cordage Park Circle. The site was previously approved for a restaurant. At this time there will be no exterior renovations. However, the plan showed an exterior concrete patio for seating that may be constructed at a future date. The interior would be expanded from the original Special Permit to include two additional bays that would be utilized for additional seating, a bar area and restrooms.
Loring Tripp questioned whether the patio would have a canopy or a roof.
Mr. Metcalfe stated that it would be open-air seating with colorful market umbrellas.
Paul McAlduff moved to recommend approval of the Special Permit subject to EDC to the Zoning Board of Appeals subject to the following condition;
The Fire Chief should be consulted about this proposal and any fire safety concerns must be adequately addressed prior to the issuance of a building permit.
The vote was unanimous (3-0).
Town Meeting Articles
Public Hearings (cont. from 1/9/06)
Rezone: Map 89, Lot 48
Valerie Massard informed the Board that staff has met with Attorney Edward Angley regarding the proposed rezoning of Map 89, Lot 48, located at the rear of Home Depot Drive. At the previous Planning Board meeting the Board requested information regarding a connection between Holman Road and Home Depot Drive. Atty. Angley has indicated that additional time is necessary to compile the buildout analysis, traffic study, and infrastructure study in regards to sewer and water as requested. Ms. Massard suggested that any action be delayed until the information is provided.
Loring Tripp moved to continue the public hearing to January 30, 2006 at 7:30 p.m. in order to receive the requested information as indicated above; the vote was unanimous (3-0).
BOA 3343 Taylor Ave/SP to waive front, side setbacks, demolish and reconstruct nonconf. Structure
Jay McMichael, Coastal Restoration, presented a request for Special Permits to demolish and reconstruct a non-conforming structure and to vary the side, front and rear setback requirements in order to construct a new single family dwelling with a new two-level deck within the existing footprint. The new structure would be a 2.5 story structure on pilings. In 2004 a permit was granted to renovate the existing structure by raising the house onto pilings and adding a second story.
Valerie Massard stated that the site is a small lot in a relatively crowded area and is located within a wave velocity area. Ms. Massard stated that historically the Planning Board has not supported reconstruction on Taylor Ave as there are issues with the massing of the structure as well as environmental and safety issues.
Loring Tripp moved to recommend denial of the petition to the Zoning Board of Appeals for the following reasons:
The proposed use, a single family dwelling, is appropriate within the zone; however, the expansion of the current use, a summer cottage, to a larger year round dwelling use is not appropriate to the site or neighborhood in question. There are many similarly undersized lots in this White Horse Beach neighborhood with non-conforming setbacks, creating crowding and the potential for fire hazards and property damage from storm events.
Adequate and appropriate facilities do not exist to serve the proposed dwelling. Permitting this reconstruction will only aggravate the existing problems in the area. There is no vehicular access off Taylor Avenue to this neighborhood other than across sand dunes.
The construction of the house will be a nuisance and have an adverse effect on the neighborhood, which consists of similarly undersized lots with similar single-family dwellings and cottages with non-conforming setbacks, many built on pilings, due to the highly concentrated and crowded nature of the development in this area.
The proposed new structure represents a significant expansion in building size and duration of use (from a summer cottage into year round dwelling) in an area that does not have adequate public safety access.
The vote was unanimous (3-0).
Public Hearings (cont. from 12/19/05, 1/9/06)
Retirement Mobile Homes PUD/Age Restricted Developments
Lee Hartmann recommended continuing the public hearing until there was a full Board.
Loring Tripp moved to continue the public hearing to January 30, 2006 at 7:45 p.m.; the vote was unanimous (3-0).
Minutes:
January 9, 2006
Loring Tripp moved to accept the minutes of January 9, 2006 with a correction to the date; the vote was unanimous (3-0).
Administrative:
Squirrel Road Lee Hartmann presented a request for a determination of access for lots 1-224 and 1-225 on Map 120. The road is within the 1952 Plymouth Shores subdivision, but is currently only 8-10 feet wide. Mr. Hartmann suggested that road improvements at least to the 1952 standards would be necessary to provide adequate access to the site.
Loring Tripp moved to notify the Building Commisioner that at this time the Squirrel Road does not meet the improvement standards required by the Board in 1952.
To make this lot suitable for building purposes, the property owner can submit plans to the Planning Board to improve Squirrel Road in a manner consistent with the original 1952 Plymouth Shores subdivision (B39). The plans must be prepared by a professional engineer detail improvements to the portions of the way serving as access to the subject property. Said improvements shall include:
The minimum travel way is to be 16 feet wide.
Six inches of binding gravel is to be installed.
Adequate drainage facilities are to be installed.
The applicant's engineer must certify that said improvements have been installed according to accepted practices and in compliance with the 1952 Subdivision Rules and Regulations.
After said improvements are approved by the Planning Board and properly installed to the Board's satisfaction this portion of Squirrel Road will provide suitable access for a single dwelling on Lots 1-224 and 1-225.
The vote was unanimous (3-0).
Lee Hartmann informed the Board that the Attorney Generals office has approved the Fall 2005 Town Meeting articles with the exception of the language in the wind bylaw that limits the siting of wind structures to municipal lands. The bylaw stands, but no sites are designated for the use of this bylaw.
BOA Burgess Rd/SP to waive side setback, enlarge nonconf. structure
Mark Flaherty presented a request for a Special Permit to enlarge a nonconforming structure and to vary the side setback requirements in order to convert an existing garage into a two-story living space with an addition and a deck. The single family structure is located at 6 Burgess Road and was built in approximately 1960. The addition would allow for the enlargement of the kitchen on the first floor and move an existing first floor bedroom to the second floor.
Valerie Massard suggested that a condition be added that would prohibit the enclosure of the deck.
Loring Tripp moved to recommend approval to the Zoning Board of Appeals subject to the following condition;
The deck shall not be enclosed or improved for year-round use, or altered, without additional review by the Board of Appeals.
The vote was unanimous (3-0).
Valerie Massard presented a request to release a portion of the bond held for the completion of B416, Seaside at Cedar Bushes. Ms. Massard suggested that the bond be reduced to $2,000 until a final inspection of the loam and seeding.
Loring Tripp moved to release the bond by $47,745 and hold the remainder until the final inspection of the loam and seeding in the spring.
The vote was unanimous (3-0).
Loring Tripp moved to adjourn at 8:10 p.m.; the vote was unanimous (3-0).
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