Town of Plymouth, MA - Planning Board Minutes February 13, 2006

Planning Board Minutes February 13, 2006


	These minutes are not verbatim 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: None Form A A4188 Paul McAlduff moved for the clerk to sign the plan; the vote was unanimous (5-0). A4187 Malcolm MacGregor moved for the clerk to sign the plan; the vote was unanimous (5-0). BOA 3351 Sandwich Street Attorney Edward Angley presented the request for a special permit to change from one non-conforming use to another in order to convert an existing building into a two-family dwelling. Currently the building has a commercial use on the first floor and a residential use on the second floor. The building was constructed prior to 1900 and the site was in existence prior to zoning. Valerie Massard informed the Board that they had recently approved a Form A plan for the site that separated two existing structures onto two lots. No additional parking is required as this is a pre-existing use/structure. Paul McAlduff moved to recommend approval to the Zoning Board of Appeals; the vote was unanimous (5-0). B523 Valerie Massard presented the plans, subdivision covenant and phasing covenant for B523 Paul McAlduff moved for the Board to endorse the subdivision plans and the subdivision and phasing covenants for B523 Loring Tripp informed the Board that Denis Hanks has suggested a moratorium on setting aside land as open space by the Town until it can be reviewed for development feasibility. Mr. Tripp was concerned that the objective of the Community Preservation Act would be compromised. Lee Hartmann stated that the Planning Department has an intern working to inventory the Town Paul McAlduff stated that the parcels suggested by Mr. Hanks were the 1,000 acre parcel in South Plymouth and the 200 acre site in Cedarville. Mr. McAlduff was concerned that the titles for portions of the 1,000 acre parcel is unclear and that the Cedarville site is being reviewed for a future. Nicholas Filla requested a meeting be scheduled for Tuesday, February 21, 2006 at 7:00 p.m. with Mr. Hanks and the Open Space Committee. Public Hearing (cont. from 2/6/06) B532 Mr. Tripp recused himself from the public hearing and left the room. Timothy Grandy, Planning Board Alternate joined the Board for the public hearing. Atty. Angley requested that the public hearing be continued until the pressure test can be completed and the revised drainage calculations and revised information submitted to staff this week can be thoroughly reviewed. Atty. Angley will also be meeting with DPW to review the revised information. Paul McAlduff moved to continue to the public hearing to March 6, 2006 at 7:30 p.m.; the vote was unanimous (5-0). Loring Tripp rejoined the meeting. BOA 3347 Long Pond Road/Home Depot Drive Atty. Edward Angley informed the Board that he was not able to erect a temporary sign at the corner of Home Depot Drive and Long Pond Road as requested by the Board at the last meeting. Atty. Angley suggested that the Board condition their vote to have the location of that sign approved by the Planning Board. Malcolm MacGregor moved to recommend approval to the Zoning Board of Appeals subject to the following conditions: The Petitioner agreed to come back to the Planning Board, Design Review Board and for final approval by the Board of Appeals as a condition of this special permit for review of the design and location of the monument free-standing sign at the intersection with Home Depot Drive before this sign is constructed. The lighting for the proposed signs must comply with the Prevention of Light Pollution Bylaw, and such compliance shall be documented prior to a Certificate of Occupancy being issued for the hotel. The lighting method for Hilton Garden Inn The vote was unanimous (5-0). Discussion Earth Removal Lee Hartmann reviewed the history of the plan for the earth removal. The original Home Depot plan was approved with a 12 acre buffer area to the residential uses at the end of Home Depot Drive. In April of 2005, the Zoning Board of Appeals granted a special permit to construct the Friendlyand determine how much material has been removed to date. Nicholas Filla suggested that the Board send a letter to the Zoning Board of Appeals (with a copy to the Building Commissioner) informing them that this issue has been brought to the attention of the Planning Board. Mr. Filla felt that although the Building Inspector would be making a determination, the Planning Board and the Zoning Board of Appeals should review the plans and look at the possibility of relandscaping and revegetation of the site. Paul McAlduff suggested that the site be returned to the grade prior to the earth removal. Malcolm MacGregor agreed. Loring Tripp felt the damage was done and that the Board should consider the connection between Holman Road and Home Depot Drive. Mr. Tripp felt that a modification of the original special permit should have been applied for by the applicant. Mr. Tripp suggested that there should be a determination of the excess fill removed and the Town should receive compensation. Mr. Filla felt that the objective was to provide the visual buffer for the residential area that was originally approved and to consider the potential road connection between Holman Road and Home Depot Drive. Neighbors on Ryders Orchard Lane spoke about the effects of the disturbance of the buffer area on the residents. The Board voted unanimously (5-0) to send memorandums to the ZBA and the Building Commissioner as follows: Zoning Board of Appeals The Planning Board has been made aware of a violation of the conditions of approval for Board of Appeals Case 3282 (Friendly The Planning Board recommends that the Zoning Board of Appeals require that any changes to the approved decision occur through a formal modification of the previous decision. At a minimum, extensive re-vegetation of all disturbed areas should be required. In addition, the Zoning Board of Appeals should ask Town Counsel to provide a list of the possible actions (legal recourse, fines, etc) that the Zoning Board could impose as part of the modification process. Building Commissioner The Planning Board has been made aware of a violation of the conditions of approval for Zoning Board of Appeals Case 3282 (Friendly As part of your department The Planning Board also requests that your department: Issue a written cease and desist order. Require the property owner to identify the exact location of the 12 acres of buffer area required under condition # 18 of ZBA Case 2895. Require the property owner to determine the amount of gravel removed. An independent engineer selected by the Town should confirm these calculations at the owner Conceptual Review Stafford Street/Assisted Living Mr. Filla announced that this conceptual review has been postponed. BOA 3350 - Pinehills Village Condominiums Beaver Dam Road Randy Parker, Land Management Systems, Inc. presented the request for a special permit to expand a non conforming use, and structure in order to construct 24 affordable condo units, a laundry facility, wastewater treatment plant, 109 storage units and 109 parking spaces. The wastewater treatment facility would replace a failed septic system. Mr. Parker stated that once the final unit count is determined, architecturals would be presented to the Board. Nicholas Filla questioned whether they would be townhouse units and whether there would be an elevator. Patrick Howard replied that they would be single story units on three floors and there were no provisions for an elevator. Mr. Filla felt that an elevator should be provided. He also suggested that the longest single building should be divided into two buildings and that the parking should be divided throughout the site. Valerie Massard stated that the Community Development Director should be involved in assessing the affordable housing component of the project. Under the bylaw, the project would be subject to inclusionary housing, but the applicant is proposing 100 % of the units as affordable. Loring Tripp asked if the units would be rental or ownership because it makes a difference in how the State considers the units. Mr. Howard stated that the preference is to have the units owner occupied. Larry Rosenblum questioned the cost of solving the problem of the failed septic system. Mr. Howard replied that the cost is approximately $1.2 million. Mr. Filla felt that the Board did not have enough information to make a decision. Valerie Massard stated that the Manomet Steering Committee has not reviewed the project and submitted their comments yet. Malcolm MacGregor suggested creating a basketball court over the leaching fields instead of the proposed parking spaces. Mr. Parker suggested that landscaping could be provided in the area of the leaching fields. The Board agreed to conduct further review of the project on March 6, 2006. The Board took a five-minute break. Conceptual Review Nestle Down Randy Parker, Land Management Systems Inc., presented a revised conceptual plan for a ten lot Village Open Space Development (VOSD) off Stage Point Road. The site has an approved definitive subdivision plan and adequate facilities special permit for 13 new residential building lots, 2 re-configured existing lots, one drainage lot, and a new street layout with 2 dead-end cul-de-sacs. During the last review of this conceptual proposal the Board requested that the applicant change the round cul-de-sac to a teardrop shape, pull the curb in as a traffic calming measure, increase the open space buffer from 50subject to inclusionary housing as it was originally approved prior to the adoption of that bylaw. Mr. Parker also reviewed a conceptual plan for a Chapter 40B project on the site which, would have 12 single family dwellings and 12 condo units. Valerie Massard reminded the Board that this was a conceptual review only and that no public hearing or vote would take place at this meeting. Ms. Massard stated that the distance between the existing driveway and the proposed access road needs to be defined. Ms. Massard informed the Board that the Chapter 40B plan could not be submitted until September, 2006, as a public hearing was held on a VOSD application for this site in September, 2005. No peer review has taken place on this conceptual plan, but Greenman, Pedersen has submitted a letter of support for this conceptual plan. An adequate facilities special permit has been granted under the previous subdivision filing that requires that the existing driveway would have to be removed. That would need further review. Ms. Massard commented that the State would review the Chapter 40B proposal before sending it to the Town for comments. Malcolm MacGregor supported this conceptual plan. He suggested using three common driveways for some of the lots in order to limit road construction. Paul McAlduff also supported this plan. Joe Notini questioned where the existing homes were on this plan and whether the road could be moved to allow for construction of the new houses further from existing residences. Randy Parker pointed out where the residences were. Nicholas Filla stated that the VOSD plan shows a 75 Larry Rosenblum questioned how the road would be improved. Mr. Parker replied that the applicant proposes to pave approximately 400 The Board would conduct further review of the project under the formal filing process. Town Meeting Article Discussion Age-Restricted Housing Zoning Bylaw Nicholas Filla stated that during the review of the proposed bylaw by the Board of Selectmen, their concern was with the change from After a brief discussion, the consensus of the Board was to proceed with the bylaw as previously voted. Loring Tripp moved to adjourn at 9:00 p.m.; the vote was unanimous (5-0).