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Planning Board Minutes January 30, 2006
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These minutes are not verbatim
Board Members: 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
Appointment
North Plymouth Steering Committee
Paul McAlduff moved to appoint William Rudolph as the JD Cordage LLC representative to the North Plymouth Steering Committee; the vote was unanimous (4-0).
Minutes:
January 23, 2006
Larry Rosenblum moved to accept the minutes of January 23, 2006 as presented; the vote was (2-0-2) with Malcolm MacGregor and Nicholas Filla in abstention as they were not present at the meeting.
Other Business
Jordan Hospital Rooftop Mechanical Screening
Lee Hartmann presented a review of the rooftop mechanicals for the Jordan Hospital expansion. On April 16, 2003, the Zoning Board of Appeals granted a petition (Case #3155) to Jordan Health Systems, Inc. to remodel 16,000 square feet of existing hospital space and construct an 85,000 square foot 3-4 story addition. Condition #4 of that decision states that Paul McAlduff inquired whether the green transformer on the ground could be screened with vegetation.
Mr. Hartmann replied that he would speak to the Hospital about it.
Paul McAlduff moved to recommend to the Zoning Board of Appeals that the screening of the rooftop mechanicals is adequate; the vote was unanimous (4-0).
The Board resigned the mylars for the B437 - Pinehills for the Ryecroft and Great Island Community, Phase III. The approval date on the previously signed mylars was incorrect.
Public Hearing Definitive Subdivision and Special Permit for Adequate Facilities
Timothy Grandy, Planning Board Alternate, joined the Board for these public hearings.
Atty. Edward Angley began the presentation of a definitive subdivision plan for a four-lot subdivision with a proposed cul-de-sac off Duck Plain Road, Map 30, Lot 72A. Each lot would meet the minimum requirement of 20,000 sq. ft. The applicant has submitted a request for waivers of road construction, curbing, sidewalks, streetlights, street trees and landscaping, storm drainage, underground utilities, and protection of improvement requirements.
Ed Fuller, a partner in Duck Plain LLC, reminded the Board that they had already presented a preliminary plan to the Board. Mr. Fuller stated that under a Defintive Subdivision plan the lots meet the requirements for adequate area, frontage and depth. Under the Special Permit for Adequate Facilities, they do not meet access requirements as they are on a gravel road. Several permits for access have been granted in the area. The applicants have met with the Fire Chief and his concern was that there be adequate width and height for emergency vehicles access. Mr. Fuller stated that the three abutting residences off Oak Ridge Road are on 8,000 sq. ft. lots. The existing home on Lot 72A may be demolished and replaced with a new single family home. The 2nd and 3rd lots would have the structures
closer to Duck Plain Road with the 4th structure located on the bluff at the corner of Oak Ridge Road and Duck Plain Road. A twenty-foot vegetative buffer would be maintained along the perimeter of the site with a six-foot wooden fence installed along the rear property line. A fire hydrant would be installed at the beginning of the cul-de-sac. The applicant is proposing to make some improvements to the gravel road in order to maintain the rural character of the neighborhood.
Valerie Massard reviewed the preliminary staff comments regarding the proposed subdivision:
· Issues raised during the conceptual review with respect to demonstrating adequate frontage appear to have been addressed.
· The drainage information submitted with the plans is not adequate to determine if the proposed swales will be adequate, according to DPW. The engineer did not show sufficient information on the plans for staff to evaluate the watershed area or the construction specifications of the swale, nor were calculations provided.
· The Town Engineer/DPW requests that the water main be looped to Oak Ridge Road; however, in preliminary discussions with the applicant it is apparent that there is not adequate room to locate the water main on land owned by the applicant to create the proposed loop · The applicant needs to demonstrate rights to improve the roadway beyond the property controlled by the applicant (this has been reviewed in preliminary discussions with the applicant and is not anticipated to be an issue).
· Earth Tech comments indicate that some revisions of the roadway design will be needed; these appear to be conditionable.
· Earth Tech· Abutters have approached staff with respect to the need to cluster the houses off the slope towards the road so that there is adequate buffering and screening (via landscaping) from the existing residences that front on Oak Ridge Road.
· No comments were received by staff from the Fire Chief with respect to this petition; however, the applicant indicated that the Chief was consulted at the site to review necessary improvements. Confirmation from the Chief with respect to this review to ensure adequate access and hydrant locations is needed.
Peter Baker informed the Board that he had been denied a variance for access and frontage in order to subdivide his lot several years ago. At that time, he was told the impact on the road and inadequate frontage was the reasons for the denial. Mr. Baker felt that the additional traffic this subdivision would generate would further deteriorate the existing gravel road.
Ms. Massard stated that these lots meet the area and frontage requirements.
Christopher Baker was concerned that Oak Ridge Road would not be adequate for emergency access as it is sometimes blocked with snow and is in poor condition.
Maura Sylva felt that the cart path off Oak Ridge Road should not be improved.
Nicholas Filla suggested that breakaway barriers could be installed to limit access to regular traffic, but provide access and egress for emergency vehicles.
Ms. Massard was concerned with limiting access as it is unknown who has rights to pass and repass over this section of the road.
Jim Krichmacher stated that the cart path to Oak Ridge Road could not be blocked.
Larry Rosenblum informed the public that the Town is working to address the issues regarding development on gravel roads while maintaining the rural character of the community. Mr. Rosenblum stated that in the near future there would be public hearings regarding a process for upgrading gravel roads. Mr. Rosenblum felt that the issue of whether to connect Duck Plain and Oak Ridge Roads needed to be addressed before a final decision could be made. He was concerned with creating a cul-de-sac in the middle of a road.
Paul McAlduff and Timothy Grandy requested additional information on the previous attempts to subdivide properties in the area.
Mr. McAlduff stated that before voting he would like the correspondence from the Fire Chief.
Malcolm MacGregor agreed that the road issues need to be addressed. He did not have an issue with the proposed density. He asked the applicant to address the proposed drainage for the site.
John Farren, the project engineer, stated that they have asked for a waiver of the drainage requirements and they donMalcolm MacGregor requested information regarding the drainage from the roofs and driveways and requested minimum drainage calculations.
Mr. Farren stated that he would look into installing leaching basins if necessary.
Mr. Hartmann informed the Board that 18 years ago Mr. Baker applied for a variance from the Zoning Board of Appeals to subdivide his lot. The process now only requires a special permit for adequate access through the Zoning Board of Appeals. Mr. Hartmann stated that a number of variances have been granted in the area.
Timothy Grandy requested information regarding the flow tests on the fire hydrants to insure adequate water pressure.
Larry Rosenblum moved to continue the public hearing to February 13, 2006 at 7:15 p.m. in order to receive the additional information requested; the vote was unanimous (4-0).
Loring Tripp joined the meeting.
Public Hearing Rezone Map 89, Lot 48 (cont. from 1/9/06, 1/23/06)
Atty. Edward Angley presented a conceptual plan showing the maximum development of 62,000 sq. ft. of commercial or retail development on Map 89, Lot 48, at the end of Home Depot Drive. The parcel is currently zoned Rural Residential (RR) and the petition is to rezone the parcel to Highway Commercial (HC). At the previous meeting a suggestion was made that this parcel may be more appropriate for Mixed Commerce (MC). The applicant would like to explore the feasibility of constructing a medical office building or apartments on the site. Until that is determined the applicant wishes to pursue the rezoning to HC. At the last hearing, there was also a question regarding traffic issues. The developer gone through the MEPA process and has improved the intersection of Long Pond Road and Home Depot Drive to handle
maximum development of the Home Depot site including this parcel. Any further traffic studies would be done once the use is determined.
Malcolm MacGregor was supportive of the office use for the site.
Nicholas Filla stated that MC does not have a residential component and if that could be added this site could be utilized for residential structures along the rear of the site that abuts a residential area. He also suggested this site would then have a potential for a Transfer of Development Rights.
Atty. Angley agreed that this site might be appropriate for a residential component as it is at an interchange, infrastructure is in place, and it has its own sewer pump station.
Larry Rosenblum felt that the rezoning from RR to HC should have a significant benefit to the community. He suggested that a subcirculation system with a loop road would greatly benefit the community.
Paul McAlduff was concerned with the unknown amount of traffic that will be generated from the Hilton Hotel.
Loring Tripp suggested that the discussions regarding the loop road connection to Holman Road and whether this parcel was proposed as a buffer should be reviewed. Mr. Tripp suggested that this article could be postponed to the next town meeting.
Lee Hartmann stated that the options are to continue the public hearing, take action either in support of or opposition to the article, or the petitioner could request that no action be taken.
Paul McAlduff moved to continue the public hearing to February 6, 2006 at 7:15 p.m.; the vote was unanimous (5-0).
Public Hearing Retirement Mobile Homes PUD/Age Restricted Developments (cont. from 12/19/05, 1/9/06, 1/23/06)
Lee Hartmann reviewed the proposed changes for the article regarding age-restricted developments. The changes include allowing for one person 55 or over instead of all persons 55 or over, revised density, shifting the special permit granting authority to the Planning Board instead of the Zoning Board of Appeals, and allowing age-restricted development in defined districts,
Larry Rosenblum felt there was no reason to change the definition of age-restricted housing and to change the density. He was concerned with the increase in density in some districts.
Nicholas Filla stated that the intent was to create more opportunities for age-restricted housing. Currently the only place age-restricted housing is allowed is in a mobile home park. Applications for age-restricted development under the proposed bylaw would be market driven.
Loring Tripp stated that he has reviewed requirements for age-restricted housing in other towns and most of them have a requirement of one person 55 or over. Mr. Tripp also felt that since the PinehillsPaul McAlduff agreed with Mr. Tripp. He felt that an age-restricted community does not encourage more school-aged children and therefor is less of a drain on Town services.
Paul McAlduff moved to recommend support of the article to Town Meeting.
Mr. Hartmann reminded the Board that this article also has a component that utilizes the design standards in the PUD bylaw. The design standards define what the project would look like.
The vote was (4-1) with Larry Rosenblum in opposition.
The Board took a five-minute break.
BOA 3345 Federal Furnace Road (3/8)
Atty. Edward Angley, began the presentation of a request for a special permit to exceed the height requirements and a special permit subject to EDC for the proposed use in the RR zone in order to erect a wireless telecommunications facility (cell tower) with accessory structures. The facility would be located on Map 99, Lot 1C, off Federal Furnace Road.
Representatives from Industrial Communications gave a Power Point presentation on the need for coverage in that area, the search for a location for the proposed facility and similar structures that have been erected.
Larry Rosenblum questioned why different carriers have different coverage areas.
Kevin Delaney replied that different carriers have antennae on different towers and they operate on different frequencies.
Greg Joyce informed the Board that the monopole tower would be 150 feet in height and the compound would be 100The applicants have met with Tom Maher, the airport manager who is supportive and would be meeting with the Airport Commission shortly. The site meets with both the Federal Aeronautics Association (FAA) and the Massachusetts Aeronautic Commission (MAC) rules and regulations. The site is not within the normal flight pattern of the airport. The traffic generated by the project would be one to two vehicles biweekly for monitoring and maintenance of the facility. A reprocessed bituminous material may be used for the entrance to the site.
Paul McAlduff was supportive of the petition as he felt there was a need for improved service in the area.
Larry Rosenblum and Loring Tripp felt that the Board should add a condition to their recommendation that letters and/or supporting documentation from the FAA and MAC should be provided to the Zoning Board of Appeals.
Paul McAlduff moved to recommend approval to the Zoning Board of Appeals subject to the following conditions:
The Petitioner shall supply all necessary documentation to demonstrate compliance with all federal and state regulations with respect to the location/design/operation/licensing of the tower and the abutting airport property prior to issuance of a Building Permit.
Plans for landscaping (if any), stabilization of disturbed areas, access drive improvements and utilities connections are to be submitted to the Planning Board for review with final approval by the Zoning Board of Appeals prior to the issuance of a building permit.
Any disturbance to existing vegetation is to be restored and stabilized to the satisfaction of Town Officials.
Construction of the extended driveway is to be deemed suitable by the Building Inspector.
Prior to issuance of a Building Permit, permits from the Conservation Commission for any work under its purview must be issued.
In the event that the need for the monopole itself or if technological advances allow for the height of the monopole tower to be reduced, the petitioner is responsible for all removal or replacement of the tower and restoration of the site within a reasonable timeframe mutually acceptable to the Board of Appeals and the Petitioner.
The tower will not be marked with painted stripes or lit unless required under federal/state regulations.
The access drive shall be paved for fifty feet at the entrance to ensure that no sand or gravel is tracked onto Federal Furnace Road for safety considerations.
The Petitioner shall grant the Town of Plymouth rights for rent-free use of the monopole for municipal telecommunications applications, in a manner acceptable to Town Counsel, prior to issuance of a Building Permit.
The vote was unanimous (5-0).
BOA 3347 Long Pond Road (3/1)
Atty. Edward Angley presented the review of a request for a special permit in order to construct a series of signs related to a commercial development for the newly constructed Hilton Garden Inn at the intersection of Home Depot Road and Long Pond Road. There are four signs proposed: a primary monument free standing sign (4Loring Tripp suggested that the directional sign could be similar in design to the one at the new entrance for Jordan Hospital, off Obery Street.
Larry Rosenblum requested information on the location of the directional sign in relation to the existing signs.
Valerie Massard suggested that it would be helpful for the Board to have a picture detailing the existing signs relative to the proposed directional sign.
Paul McAlduff moved to continue the review to February 6, 2006 for further information; the vote was unanimous (5-0).
BOA 3346 Russell Street (3/1)
Atty. Lothrop Withington, III presented a request for a special permit to alter a non-conforming use in order to change the use from a rooming house to a four-unit multi family structure. The site is located on Russell Street, Map 19, Lot 8. A previous petition (3261) to construct eight units was denied without prejudice by the Zoning Board of Appeals. The current petition shows 2-two bedroom units on the first floor, with 2-two bedroom townhouse units spanning the second and third floors. The existing garage would be demolished.
Valerie Massard stated that the Planning Board supported the previous petition, but the Board of Appeals denied it without prejudice. Ms. Massard suggested that if the Board supported this petition, the conditions could be similar to those in the previous petition.
Linda Ducrot, a direct abutter, has offered her landscape design services free of charge to the petitioner. Ms. Ducrot suggested moving the parking to the rear of the site and providing a landscaped area in place of the parking shown on the plan.
Atty. Withington stated that his client has agreed to move the parking if that is what is approved.
Loring Tripp questioned the provision of two handicap spaces with no handicap ramps shown on the plan. Handicap parking is not required for fewer than six units.
Ms. Massard stated that if the handicap parking is not required, they could be regular spaces.
Malcolm MacGregor moved to recommend approval to the Zoning Board of Appeals subject to the following conditions:
Detailed landscape plans shall be prepared and submitted for review by the Planning Board with final approval by the Zoning Board of Appeals.
The Town EngineerAll site lighting is to comply with the Light Pollution Bylaw. Light poles should not exceed twelve (12) feet in height.
If the two ADA parking spaces are not needed to conform to the Building Code and if the building is not designed for ADA-accessibility, the two ADA spaces shall be installed as standard parking spaces in order to reduce the amount of impervious surface being created.
The Petitioner has agreed to move the parking to the rear of the site in an angled format similar to the design presented under the previous filing (BOA #3261) at the request of the immediate abutter. This will create a green landscaped area next to the building.
The vote was unanimous (5-0).
Makepeace Judy Kohn and Tom Berkley presented the current plans for Phase One of the Makepeace development project. Several scenarios were shown with a central road flanked by a buffered area leading into the development, and with clusters of development spurring off the main road. The Halfway Pond East parcel will be left as open space with a Transfer of Development Rights (TDR) of approximately 54 certificates into the Wareham Road area. The density is currently between 70 and 80 homes for Phase One. The final density will be determined prior to the filing of the preliminary plan, which may be submitted in early March. Makepeace is still reviewing some drainage issues and would work with DPW to address those issues.
Larry Rosenblum suggested that Makepeace work with DPW regarding their plans for the gravel roads.
The Board was supportive of the direction of the evolving proposal and looks forward to a formal filing.
Nicholas Filla read a letter of resignation from Michael Rothberg of his position on the West Plymouth Steering Committee. The Board will send a letter thanking Mr. Rothberg for his service and will advertise the vacancy.
Paul McAlduff was concerned with the lack of attendance by some committee members at Steering Committee meetings.
Nicholas Filla suggested sending a letter to the Chairs of each committee asking for attendance information.
Paul McAlduff moved to adjourn at 10:10 p.m.; the vote was unanimous (5-0).
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