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Planning Board Minutes March 6, 2006
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These minutes are not verbatim
Board Members: Loring Tripp, III, Nicholas Filla, Malcolm MacGregor, and Paul McAlduff.
Planning Board Alternate: Timothy Grandy
Staff Members: Lee Hartmann and Valerie Massard
Recording Secretary: Eileen Hawthorne
Form A
Public Hearing (cont.)
Camp Cachalot Valerie Massard presented the request for a street name of Karrie Dumais, representing the Narragansett Council of the Boy Scouts of America, informed the Board that the access road is a two-lane dirt road that provides access to the camp.
Malcolm MacGregor moved to approve
Conceptual Review
Landry Property Mike Fabbiano, Cubellis Associates, presented a conceptual review for the development of the out parcels at the Hampton Inn, Commerce Way. A traffic study is being conducted and the applicant is working a local landscape designer and with Glynn Electric in order to design the landscaping and lighting to be consistent with the existing lighting at the Hampton Inn and Colony Place. The property is located at the intersection of Plaza Way and Commerce Drive. Approximately 60 percent of the site is vacant. The applicant proposes to construct four buildings; three restaurants and a 10,000-sq. ft. two-story office building. The restaurants proposed are Bertuccithe site. There will be minimal grading of the site.
Malcolm MacGregor suggested that the project include pedestrian access to Colony Place.
Mr. Fabbiano stated that there is a pedestrian corridor with crosswalks throughout the site, but currently there is no provision for a connection to Plaza Way. The intent was to view this project as a destination as there is a great distance to walk to Colony Place.
Nicholas Filla also felt that a pedestrian link and pedestrian safety was important.
Paul McAlduff was concerned with vehicular safety on Commerce Way in the areas where the road narrows to one lane. Mr. McAlduff suggested that Commerce Way should be widened to two lanes.
Mr. Filla suggested that the applicant meet with staff and the DPW once the traffic study is complete. There are other developments and a proposed stadium that need to be taken into consideration. Mr. Filla suggested that the applicant present architecturals and landscape plans at future meetings.
Mr. Fabbiano replied that each restaurant would be presenting their architecturals and landscaping plans.
Loring Tripp agreed that the one lane access off Commerce Way was not adequate and that pedestrian access was important. Mr. Tripp suggested moving the dumpster and parking near the office building away from the residential area and providing landscaping and/or fencing as a buffer for the residential abutters. Mr. Tripp felt that the landscape should be consistent with Colony Place and that the landscaping around each building would be important.
Mr. Fabbiano stated that the landscape architect has reviewed the landscape plans for Colony Place and is designing this project to be similar. They are also designing interior greenspace within the site.
Mr. McAlduff suggested fencing in the outdoor seating area at BertucciMr. Fabbiano stated that this project would introduce a brand new prototype for BertucciMr. Filla stated that Plymouth is becoming a restaurant destination and that these restaurants could fill a gap in the Plymouth area.
Public Hearing (cont.)
B426 Continue to 3/27
Nicholas Filla announced that the applicant has submitted a letter requesting a continuance to April 3, 2006.
Paul McAlduff moved to continue the public hearing to April 3, 2006 at 7:15 p.m.; the vote was unanimous (4-0).
Public Hearing (cont.)
B532 Loring Tripp recused himself and left the room and Timothy Grandy, Planning Board Alternate, joined the public hearing.
Atty. Edward Angley requested a continuance of the public hearing in order to have a full Board seated.
Paul McAlduff moved to continue the public hearing to March 27, 2006 at 7:30 p.m.; the vote was unanimous (4-0).
Loring Tripp rejoined the meeting.
Valerie Massard informed the Board that the review of the Pinehills Village project has been postponed at the applicant
Nicholas Filla suggested that the Woods Hole Research Center be invited to a future meeting to make a presentation on their brochure
Valerie Massard presented a request for a bond reduction for B512 - Cedarhill Park. Ms. Massard suggested that the bond be reduced to $10,000 to insure repair of any damage to the road from construction vehicles.
Malcolm MacGregor asked how much of the project is visible from Route 3.
Ms. Massard replied that the power line easement is visible from Route 3, but there is a significant buffer.
Malcolm MacGregor moved to reduce the bond held for B512
Lee Hartmann reviewed the preliminary traffic study that has been submitted by Vanasse & Associates, Inc. for the proposed redevelopment of Cordage Park. The intersections of Boundary Lane/Court Street and Hedge Road/Court Street have some issues, but as the use would be residential, the traffic would be more spread out and would be less than that generated by the previous tenant - WalMart.
Paul McAlduff asked if the project would be using Hedge Road for access/egress.
Mr. Hartmann stated that they have a right of way on Hedge Road and would be using it as part of the project.
Loring Tripp was concerned that the Town of Kingston may try to appeal this project as they did when WalMart was approved.
Mr. Hartmann replied that a joint meeting with the Kingston Planning Board has been scheduled for March 20, 2006.
Public Hearing
B534 Nicholas Filla read the public hearing and opened the public hearing.
Timothy Grandy, Planning Board Alternate joined the public hearing.
Leo McRae began the presentation for a Village Open Space Development (VOSD) with a Special Permit for Adequate Facilities in order to subdivide 298 Summer Street into two residential lots and one open space lot. The property has an existing single family dwelling. The open space lot abuts Morton Park.
Valerie Massard reminded the Board that they had reviewed the conceptual plan for the project and discussed the location of the driveway. The shared driveway shown in the current plan is the one that was preferred by the Board. The open space lot will be donated to the Town and incorporated into Morton Park, which is part of a mapped priority habitat. A waiver of frontage has been requested as the site is on a major street. DPW has suggested that the common driveway will need an easement, and drainage or driveway grading to retain all new runoff on-site will be needed. Ms. Massard suggested that the Board require site plan review for the proposed single family dwelling. The fire flow test to demonstrate adequate water pressure and the driveway drainage details need to be determined.
Ms. Massard also suggested that a condition be included that the gift of land to the Town must be completed before an occupancy permit can be issued.
Nicholas Filla suggested maintaining the natural contours on the western portion of the site as a buffer area.
Doug Aaberg, Aaberg Associates Inc., stated that the rough grading in the front will create a yard for the new house and that the drainage pattern keeps the water flowing in the same direction as it currently flows. Mr. Aaberg stated that the grading will also allow for a better transition between the garage and the driveway. He did agree to try to minimize the grading on the west side of the property.
Malcolm MacGregor suggested that the grading on the east side of the property be eliminated.
Loring Tripp questioned whether the existing driveway was being abandoned and whether the amount of fill had been determined.
Ms. Massard stated that the existing curb cut and driveway would be removed and a new shared driveway would be installed. Ms. Massard informed Mr. McRae that if the fill removed exceeds 10,000 cubic yards, it would require a special permit.
Malcolm MacGregor moved to approve the B534 The subject property is required to obtain permits from Massachusetts Natural Heritage under the new regulatory guidelines of MESA.
The Village Open Space Density Development entitled of division of the lots into parcels by means of a plan not requiring approval under the Subdivision Control Law. Notwithstanding this provision, the Planning Board may endorse the relocation of any lot lines when consistent with the intent and purpose of this restriction. Said restriction shall be in place prior to the issuance of Building Permits.
The Petitioner has agreed to waive its right to any further residential development of the premises that results in a more intense or dense use, regardless of any local, state or federal criteria to the contrary, pursuant to the provisions of Massachusetts General Laws, Chapters 40A and 41, and this shall be noted on the plan, as well as incorporated into the
Protective Covenants and Restrictions or Deed Restrictions imposed by the Petitioner on the lots within the VOSD development.
The Approval Not Required Plan shall make reference to the Special Permit.
Prior to issuance of a zoning permit:
Petitioner agrees to the return to the Planning Board with requested revisions of the Plan for final approval, including: removal of any grading exclusive of the relocated driveway on proposed Lot A; approved Lot Numbers from the Town Engineering office; confirmation of sight distances for the proposed new driveway with any trimming or clearing required noted on the plans; the details for loaming and seeding of the areas where the driveway has been removed, including the area at the road at the base of Lot A shall be added to the plans; the comments of Earth Tech in its correspondence dated February 28, 2006 shall be incorporated into the plans; and the comments of the Department of Public Works in its correspondence dated February 28, 2006 shall be incorporated into the plans, to the satisfaction of
the Planning Board.
Conditional upon the payment of the back taxes, interest and fees owed to the Town for this property, if any.
Four (4) sets of full size copies of all drawings comprising the VOSD plan with one complete set of reproducible plans (mylars) will be delivered to the Planning Board and one (1) electronic copy of the plans shall be delivered in a format acceptable to the Town Engineer.
Evidence that (1) the Protective Covenants and Restrictions or Deed Restriction(s) per the Conditions of this decision on the subject property and (2) this Decision have been recorded with the Plymouth County Registry of Deeds shall be provided to the Planning Board.
Evidence that there is adequate water pressure through a hydrant flow test as approved by the Town Water Department within DPW.
6. Prior to issuance of a Building Permit for the new Lot A as depicted on the plan:
a. Site construction plans detailing proposed grading and trimming/cutting shall be submitted for approval by the Planning Board; and
b. Prior to issuance of a Building Permit on the newly-created Lot A: Petitioner has agreed to offer the Open Space land depicted on the plan to the Town to be used for Morton Park, at no cost to the Town. Said offer shall be made in a form acceptable to Town Counsel, and shall be acted on by Plymouth Town Meeting, Board of Selectmen, or Conservation Commission, to either accept or not accept the gift of land, unless the Board accepts an alternate arrangement or specifically approves a release for any lot.
The vote was unanimous (5-0).
Presentation Town Meeting Articles 19 and 19A
John Hammond began the presentation for the open space articles to be presented at Spring Town Meeting. Mr. Hammond reviewed the open space charge and committee makeup. To date the Open Space Committee working with the Community Preservation Committee has placed conservation restrictions on approximately 300 acres of land.
Article 19
Joan Bartlett presented Article 19 which would transfer the following parcels from the Town Treasurer to the Conservation Commission for conservation purpose and protection of an certified vernal pool: Map 124, Lots 1-324, 1-325, 1-326, 1-327, 1-328, 1-329, 1-374, 1-375, 1-376, 1-377, and 1-378. The lots are located on Lakeview Boulevard and Fairhaven Way. Ms. Bartlett stated that there are three reasons to protect this property; the land around the vernal pool is important to the amphibians that live around the vernal pool, they are small unbuildable lots owned by the Town, and they create a pocket park in a densely populated neighborhood.
Malcolm MacGregor suggested that the committee review the acreage of the parcels. The combined acreage of the parcels exceeds one acre.
Paul McAlduff suggested that the site might be appropriate for an affordable home.
Helen Hapgood stated that tax title lots are unbuildable.
Nicholas Filla reminded the Committee that the Planning Board should have been included in the review process prior to the articles being placed on the warrant.
Loring Tripp felt that the property was in an area that should not be developed and supported the conservation restriction. Preservation of these parcels would limit the nitrogen loading to adjacent ponds and protect the vernal pool.
Malcolm MacGregor moved for the Board to recommend approval of Article 19 to Town Meeting; the vote was (3-1) with Paul McAlduff in opposition.
Article 19A
Nicholas Filla read the invitation for the Board to join the Open Space Committee on a site visit for the parcels included in Article 19A, which are Map 64, Lots 19 & 20 and Map 61, Lots 28, 29, 30, and 31. The site visit is scheduled for March 11, 2006, from 8:00 a.m. to 11:00 a.m. Mr. Filla suggested that the Board should table any action on this article until after the site visit.
Joan Bartlett reviewed the history of the Conservation Commission and the Open Space CommitteeCharlotte Russell stated that the Open Space Committee is recommending Article 19A because it promotes the idea of establishing the Wishbone Trail, which would connect Cape Cod Bay to Miles Standish State Forest as defined in the ENSR Report. The Committee has been working towards that goal. The previously acquired Talcott and Jocelyn properties are part of that strategy. The acquisition of the tax title lots (Map 61, lots 23, 29, 30, 31and Map 64, lots 19 and 20) is part of this strategy and would also create a green space buffer for an existing neighborhood.
John Hammond reviewed the information in the BoardThe Board viewed a PowerPoint presentation on the location of the parcels.
Nicholas Filla suggested indicating the water tower location and identifying the direction the photographs presented were taken on the maps in the packets.
Mr. Tripp felt that it was important for the Board to attend the site visit. He supported the Committees efforts to preserve these parcels.
Paul McAlduff suggested that Map 64, Lot 20 should be considered for another Town well.
Lee Hartmann replied that a well could not be placed on Conservation land. Mr. Hartmann also informed the Board that the Town Manager through the Board of Selectmen is committed to create a process by which land is reviewed. Mr. Hartmann recommended no action, these parcels could be presented at a future Town Meeting, after the process has been defined and implemented.
Nicholas Filla stated that it is important for the ENSR Report and Master Plan to be followed.
Mr. Tripp was concerned that under the Charter the Planning Board is charged with evaluating the land for municipal purposes or preservation. Mr. Tripp moved to create a committee to review the current evaluation and criteria process and add any necessary language to include review for municipal, private enterprise, commercial, affordable housing uses in an open public process.
Mr. Filla suggested that the Board would need to define the breakdown of the committee so that all the Committees are represented.
The vote was unanimous (4-0).
Public Hearing (cont.)
Town Meeting Article Angus Jennings, Concord Square Development, updated the Board on the progress of the Smart Growth Zoning initiative. The preliminary traffic study has been submitted. to begin the process of defining the design standards.
Mr. Hartmann stated that staff is comfortable with the bylaw as drafted and the remaining component is the drafting of the design standards.
Mr. Tripp requested that a draft copy of the design standards be submitted to the Board prior to the next meeting.
Loring Tripp moved to continue the public hearing to March 13, 2006 at 7:15 p.m.; the vote was unanimous (4-0).
Mr. Tripp moved to adjourn at 9:00 p.m.; the vote was unanimous (4-0).
Respectfully Submitted,
Eileen Hawthorne
Administrative Assistant Approved: March 27, 2006
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