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Planning Board Minutes April 3, 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
Recording Secretary: Eileen Hawthorne

Form A
Discussion
Bogview Land Gift
Atty. Lothrop Withington informed the Board that a condition of the Special Permit and Subdivision plan which was granted for B497, Bogview Estates required that the open space area be donated to the Conservation Commission.   The Conservation Commission has declined the gift.  Atty. Withington suggested that the land could be designated as open space and gifted to the homeowner
Loring Tripp moved to allow the open space area be gifted to the homeowner
Lee Hartmann announced that the Woods Hole Research Center has responded to the Board
Loring Tripp requested that the Board schedule a date to discuss an implementation committee for the Master Plan.
Larry Rosenblum stated that the committee should be charged with a specific mandate and that it was important to have representatives of the Planning Board and Board of Selectmen on the committee.
Lee Hartmann was concerned that there would not be sufficient staff support for the committee as staff is overburdened now.   
Nicholas Filla suggested that as this should be a joint effort of all departments, all of the Town Hall staff should be utilized.
Loring Tripp moved to schedule a discussion to create a Master Plan Implementation Committee.  He agreed that staff is overburdened and suggested that at Fall Town Meeting the Planning Board should define the needs of the department and request additional staff.
Paul McAlduff agreed with Mr. Hartmann that until the department has more staff, more work should not be added.
Mr. Hartmann suggested April 24, 2006 for the discussion.
The vote was unanimous (5-0).

Larry Rosenblum informed the Board that the Gravel Roads Committee is recommending that the Town continue to plow and grade existing private roads.  The State is mandating that the Town obtain the permission from the voters in order to continue this practice.  Signatures of registered voters need to be collected to get the petition on the May ballot.   Fifty percent of the roads in Plymouth are private and if they are not plowed and graded, during storms there would be insufficient access for school buses and emergency vehicles.
Loring Tripp felt that more time would be necessary to educate the public.
Lee Hartmann stated that the State has prohibited other towns from plowing and grading private roads without such a vote.    
Mr. Rosenblum provided his e-mail address for residents interested in signing the forms to get the petition on the ballot or residents can go to the Town Clerk
Public Hearing (cont.)
        B426
Stephen DesRoche, Neponset Valley Survey Association, presented revised plans for Little Hios Hills Estates.  Lot lines have been revised and a trail connector has been provided that links abutting open space with Town owned tax title land.  Waivers requested include a reduction of the road width to 22 ft., replacing granite curbing with cape cod berm except in the drainage areas, eliminating sidewalks within the subdivision and on Ship Pond Road, and the entrance islands.
Nicholas Filla questioned the savings that the waivers would afford.
Lee Hartmann stated that the estimate of savings if the waivers were granted would be in excess of $340,000.
Larry Rosenblum asked whether the funds could be allocated for use on Ship Pond Road.
Mr. Hartmann stated that it would depend on how the vote was structured.
Mr. Filla suggested that a condition be added that would require the centerline of the proposed trail be marked once the trail is cut.
Mr. Hartmann suggested that the applicant clearly mark the trail with bounds and that the trail should be clearly delineated on the final plan.   
Malcolm MacGregor questioned the width of the road.  
Mr. DesRoche replied that the width between the berms would be 22 ft.  
Mr. Rosenblum suggested that the balance of funds not used for the paving from State Road to the entrance of the subdivision should be set aside for gravel roads.
Thomas Fitzgerald, the applicant, agreed to donate for off-site road improvement mitigation $286,000 with terms of payment to be determined.  
Loring Tripp moved close the public hearing and to approve the modification of the subdivision subject to the following conditions:
All prior conditions for the original approval remain in full force and effect.
The applicant shall clearly mark the trail with bounds and the trail shall be clearly delineated on the final plan, with an easement for pedestrian access.   Planning staff and the Town
Thomas Fitzgerald, the applicant, agreed to donate for off-site road improvement mitigation $286,000 with terms of payment to be determined as a condition of granting of the requested waivers.
A waiver allowing Cape Cod berm is granted conditional on granite drop inlets with sloping transition sides, granite curbing (again with sloping transition sides) at the entrances, and sloped granite with sloping transition sides wherever the road is grade exceeds 6% will be required.
A two (2)-foot nose of sloped granite at the landscape medians on either end is required at a minimum.
The plans are subject to peer review by the Town Engineer and Planning Board
a.      detail of the proposed drainage modifications, including inverts, rim elevations, and extents of the proposed underground leaching galley system, with any applicable revised drainage calculations;
b.      detail of how the catch basin on the north side of Ship Pond Road shall be tied into the proposed underground leaching galleys, as utility crossing could be an issue during construction;
c.      installation of
d.      berm detail;
e.      The
f.      Information with respect to ownership and appropriate plan and deed references.
g.      Reference to this modification.
The vote was unanimous (5-0).
Public Hearing (cont.)
        B532
Loring Tripp recused himself and left the room. Timothy Grandy, Planning Board Alternate, joined the public hearing.
Atty. Edward Angley handed out a copy of a letter from John Veracka that addressed the issues raised by Earth Tech regarding pipes and catch basins.  The applicant has withdrawn the request for waivers with the exception of paving the gravel road.   The applicant has agreed to remove brush as requested by the Fire Chief and to provide a 20 ft. no cut buffer along the Oak Ridge Road abutters properties.  
Ed Fuller, one of the owners, suggested installing a depressed island with a rain garden to address the issue of water running downhill. Mr. Fuller stated that all other drainage issues have been addressed.  There is adequate water pressure and flow and they have agreed to loop the water main to Oak Ridge Road if the Town can provide an easement and to install a fire hydrant.   After meeting with the abutters, the owner has agreed to provide a 20 ft no cut strip along the property line and to plant evergreen trees as a privacy screen instead of the fence that was originally proposed
Atty. Angley, reviewed the history of several variances that have been granted in the area.
Peter Baker, representing his mother, was concerned with the proposed road improvements, he felt that if the road was not going to be paved, significant improvements should be made.
Michael Babini, suggested that the building envelopes should be shown on the final plan and that the vote should define the screening that would be required.  Mr. Babini suggested that Oak Ridge Road should be blocked except for emergency access.
Maura Silva, agreed that access off Oak Ridge Road should be prohibited.  
Larry Rosenblum suggested improving the road to gravel road standards and that the connection to Oak Ridge Road should be for emergency access only.
Mr. Filla asked for clarification on the gravel road standards.
Mr. Rosenblum explained that the road would be raised, crowned and stabilized and that the standards are defined in a manual.   
Malcolm MacGregor agreed with Mr. Rosenblum regarding the gravel road standards and suggested that the road width be made a consistent (16 ft.) and a
Timothy Grandy suggested that the water line should be looped, a covenant should be in place for the plowing and maintenance of the cul-de-sac, and the homeowner
Nicholas Filla requested that there be a condition of individual site plan review.   
Mr. Hartmann reminded the Board that because this is an existing road, the request is for improvements for access.  
Paul McAlduff agreed that the road should be closed and that the gravel road improvements were essential.    Mr. McAlduff preferred the landscaping as a buffer instead of fencing.
Mr. Filla suggested that the landscaping should be installed prior to the issuance of a building permit.  
Atty. Angley suggested that it would be more appropriate to install the landscape prior to the issuance of an occupancy permit.  He stated that in order to loop the water line through to Oak Ridge Road, the Town would have to provide any necessary easements.  Atty. Angley could not address the gravel road standards as he has not seen them.
Larry Rosenblum moved to close the public hearing and approve the Definitive Subdivision and the Adequate Facilities Special Permit subject to the following conditions:
The Petitioner agrees to the endorsement of the plans and profiles within 120 days from the date of approval, or in the case of an appeal, endorsement of the plans and profiles within 120 days of the settlement of an appeal.
Conditional upon the provisions of a performance guarantee in the form of a covenant duly executed and approved, to be noted on the plan and recorded with the Plymouth County Registry of Deeds.  Said form of guarantee may be varied from time to time by the Petitioner with mutual agreement on the content of said guarantee by the Petitioner and Planning Board without amendment or modification of this approval.
The Petitioner agrees to complete all ways and the installation of all municipal services in accordance with the applicable rules and regulations of the Board within two (2) years from the date of endorsement.  Upon a finding by the Planning Board that the construction of all ways and the installation of all municipal services has not been completed with two (2) years, the approval of the plan may be rescinded by the Planning Board.  
The Petitioner agrees that it will guarantee to protect, repair, replace, and where necessary, and upon written acceptance by the Planning Board, redesign the works constructed and submit revised plans and profiles for the Planning Board's approval and for recording at the Plymouth County Registry of Deeds so that said works actually carry out the purposes for which they were intended.  Said repair, replacement or redesign will be based upon experience in the field, which demonstrates the existing construction and/or design to have been improperly installed or wholly inadequate.
CONDITIONS of the Adequate Facilities Special Permit, Granting of Waivers and Definitive Subdivision Modification and Approval:
Prior to the start of any work at the subject property, the Petitioner agrees to attend a preconstruction meeting with the Planning Department staff and/or the Town
Prior to endorsement of the Definitive Plans, conditional upon the payment of the back taxes, interest and fees owed to the Town for this property, if any.
Prior to issuance of a Building Permit, each individual lot created by through this approval is subject to individual site plan approval by the Planning Board to review: screening measures, such as landscaping, fencing and building location; and such approved measures shall be installed prior to issuance of a Certificate of Occupancy.
Prior to endorsement, the Petitioner agrees to make the following changes to the plans:
The fire hydrant shall be relocated within the cul-de-sac area, as necessary, to allow emergency vehicles adequate turning radius or the cul-de-sac shall be adjusted for same.
Signage shall be added near the intersection with Westerly Road which shall include warning language such as
The remaining issues raised in the correspondence to the Planning Board from Earth Tech, and in the correspondence to the Planning Board from the Town Engineer, shall be addressed to the satisfaction of the Planning Board.  Said remaining issues will be outlined in a separate memorandum within five (5) business days of the recording of this decision with the Town Clerk by the Planning Department.
The Petitioner has agreed that where Duck Plain Road intersects with Westerly Road, a paved public way, a paved apron will be provided as a condition of approval.
The Petitioner has agreed that minimal trimming of the existing vegetation will be performed to a height of 12-14 feet to allow for emergency vehicle access along the traveled way from the end of the cul-de-sac to Oak Ridge Road.  
The Petitioner has agreed to loop the water main from Duck Plain Road to Oak Ridge Road if an easement is obtained by the Town for said water main prior to completion of the roadway improvements described below.  Obtaining the easement is not the responsibility of the Petitioner.
The Petitioner has agreed that one of the following two alternatives shall be provided:
Alternative 1: Either the Petitioner plans will reflect widening of Duck Plain Road to sixteen (16) feet at the subject property, and improving the traveled way of Duck Plain Road from Westerly Road through the end of the cul-de-sac to the following standards consistent with those suggested by the Gravel Roads Committee of the Town of Plymouth to the satisfaction of the Planning Board: grade with 4-6 inches of  
Alternative 2: The Petitioner shall, as mitigation for the project impacts to the roadway, make payment to the Town of Plymouth into a road maintenance and improvement fund for Duck Plain Road in an amount of $12,500, as approved by the Planning Department through its consulting engineer.
Prior to the issuance of a Building Permit:
The Petitioner agrees to record a covenant or other instrument detailing the creation of a homeowner's trust or association, and to provide the imposition of easements or rights for the benefit of the homeowner
Evidence shall be provided to the Planning Board that (1) the instrument creating the homeowner
Four (4) sets of full size copies of all drawings comprising the definitive 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.
Prior to issuance of a Certificate of Occupancy unencumbered easements for maintenance and title to all fire alarm conduits, water lines and hydrants, if any, constructed and installed in the subject property shall be conveyed to the Town.
Prior to issuance of a Certificate of Occupancy, streetlights will be installed on each individual building lot within 30 feet of the access drive.
Prior to issuance of a Certificate of Occupancy, evidence that the conditions imposed under individual site plan review for the individual lots have been met as noted in Condition No. 7 above shall be provided to the Planning Board.

The vote for the Definitive Subdivision was unanimous (4-0).
The vote for the Adequate Facilities Special permit was unanimous (5-0) with Planning Board Alternate, Timothy Grandy participating.

The Board took a five-minute recess.
                
Public Hearings:        
        Map 51, Lot 4N-15 and Lot 4N-17
Atty. Robert Betters presented the requests under separate petitions to subdivide the above-mentioned lots into two lots through two Transfer of Development Rights certificates which were approved last year.  At the time the TDR was granted, no receiving parcels were approved.  The applicant has met and worked with the abutters to arrive at a mutually supported reconfiguration and subdivision of lots 4N-15 and 4N-17.   The abutters have submitted letters in support of the petitions.  The plan details access easements, vegetative screening setbacks, and building envelopes.  Atty. Betters stated that there have substantial changes to the petitions that allow for the resubmission of these petitions within two years.  
Paul McAlduff moved to close the public hearing and approve lots 4N-15 and 4N-17 as the receiving parcels for two of the Transfer of Development Rights certificates that were granted under B521
4N-15
The Petitioner has agreed to waive his/her right to any further residential development of Sending and Receiving Parcels 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, through a deed restriction on the Parcels, and this shall be noted on the plan.  The term
Prior to issuance of a Certificate of Occupancy, the Sending Parcel (portion of Map 60, Lot 6, and Map 64, Lot 16 off Mountain Hill Road) shall be conveyed to the Conservation Commission, at no cost to the Town, under the protections of Article 97 of the Massachusetts Constitution, subject to approval by Town Counsel.  
Conditional upon the payment of the back taxes, interest and fees owed to the Town for the Sending and Receiving Parcels.  Verification of payment is to be provided to the Planning Board prior to endorsement of the plans.
Conditional upon staking of no-cut or buffer areas (if any) in the vicinity of proposed construction prior to issuance of a Building Permit on individual lots, to the satisfaction of the Building Inspector.
Prior to recording, the plans will be revised to address the concerns of the Town Engineer, as noted in the March 24, 2006 memorandum (see file), to the satisfaction of the Planning Board.
Prior to the issuance of an Occupancy Permit, evidence that the following have been recorded with the Plymouth County Registry of Deeds shall be provided to the Planning Board:
The plans will be revised to detail the Conditions of the approval and this will be recorded at the Registry of Deeds, or the Decision will be recorded with the plans.
This Special Permit Decision.
A Certificate of the Transfer of Development Rights.
An ANR plan may be filed subsequent to the granting of this Special Permit; said ANR plan shall make reference to this Special Permit Decision.
AND

4N-17
The Petitioner has agreed to waive his/her right to any further residential development of Sending and Receiving Parcels 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, through a deed restriction on the Parcels, and this shall be noted on the plan.  The term
Prior to issuance of a Certificate of Occupancy, the Sending Parcel (portion of Map 60, Lot 6, and Map 64, Lot 16 off Mountain Hill Road) shall be conveyed to the Conservation Commission, at no cost to the Town, under the protections of Article 97 of the Massachusetts Constitution, subject to approval by Town Counsel.  
Conditional upon the payment of the back taxes, interest and fees owed to the Town for the Sending and Receiving Parcels.  Verification of payment is to be provided to the Planning Board prior to endorsement of the plans.
Conditional upon staking of no-cut or buffer areas (if any) in the vicinity of proposed construction prior to issuance of a Building Permit on individual lots, to the satisfaction of the Building Inspector.
Prior to recording, the plans will be revised to address the concerns of the Town Engineer, as noted in the March 24, 2006 memorandum (see file), to the satisfaction of the Planning Board.
Prior to the issuance of an Occupancy Permit, evidence that the following have been recorded with the Plymouth County Registry of Deeds shall be provided to the Planning Board:
The plans will be revised to detail the Conditions of the approval and this will be recorded at the Registry of Deeds, or the Decision will be recorded with the plans.
This Special Permit Decision.
A Certificate of the Transfer of Development Rights.
An ANR plan may be filed subsequent to the granting of this Special Permit; said ANR plan shall make reference to this Special Permit Decision.
The vote was unanimous (5-0).

BOA 3357
        Cliff Street
Atty. Edward Angley presented the requests for a special permits to waive the front and side setback requirements and to rebuild and enlarge a non-conforming structure in order to demolish and reconstruct an existing dwelling with a new foundation and a 520 sq. ft. addition on Map 38, Lots 12 and 13.   
Larry Rosenblum moved to recommend approval of the special permits to the Zoning Board of Appeals subject to the following conditions:
The plans be revised: to show the Assessor
Architecture of the reconstructed building and addition should be in keeping with the surrounding neighborhood and attached dwelling, and shall not exceed the height requirements of the zone.
The vote was unanimous (5-0).

BOA 3358
        Jordan Hospital Office Building
Atty. Allen Costa began the presentation of the requests for a special permit subject to EDC and a special permit to exceed the height requirements in order to construct a 45,000 sq. ft. medical office building adjacent to Jordan Hospital.
Wayne Pelletier, DiGiorgio Associates, reviewed the plans for the three story 45,000 sq. ft. medical office building.  The red brick building would be similar in construction to the new hospital addition and would have similar roof screening of the mechanicals.  Each story would be 15,000 sq. ft.  the height of the building would be 137 ft. with only 32 ft. above grade.  Parking would be accessible from the drive across from the new building, not tied into the patient drop off area.  An underground tunnel would provide access to the hospital.  The proposed parking lot would only service this building and consist of 180 spaces.  There would be no change to the hospital employee and patient parking areas.  Mr. Pelletier showed examples of site line views by the neighbors.  The Design Review Board suggested diffusing the lights in the parking lot and maintaining the existing vegetation on the knoll.  
Rob Montanaro, reviewed the drainage system for the project, which would consist of underground leaching galleys installed beneath the parking lot.  There would be balanced cut and fill on the site.  The grassy knoll would be maintained at a 16 foot height and white pines would provide screening for the neighbors.
Rob Montoizzo, Fuss & O
Alan Knight, President of Jordan Hospital, stated that this building was part of an overall master plan, which encompassed a series of expansions.  The Hospital complex is growing to meet the growing and changing population of Plymouth.  Mr. Knight stated that it is important for the doctors to be as close to the hospital as possible.  The access road was designed with the expanded campus in mind.  Mr. Knight stated that they are aware that the emergency vehicles have a problem with the curve in the road and the island and they are looking into modifying the island to make the traffic flow more effective.  55 percent of traffic is using the new access.   Several of the hospitals services such as physical and occupational therapy  have been relocated off site, which has helped to eliminate approximately 1200 vehicular trips.
Bobbi Clark, Plymouth Center Steering Committee, informed the Board that the committee was concerned with the impact of the expansion to failed Obery Street connector road and the Obery Street traffic corridor.  They also had a question about a private enterprise operating on property owned by a non-profit entity.
Virginia Davis was concerned with the effect of the building, lighting, parking, and traffic on the surrounding residential neighborhoods and their quality of life.  Ms. Davis supported a community hospital, but felt that the hospital did not need to become a regional medical center.
Michael Olendzenski, 1 Woodvale Ave, read a letter from William Nolan who was concerned that the needs of the hospital must be balanced with the needs of the neighborhood and general community.  Mr. Nolan did not support the community hospital becoming a regional hospital.  He was concerned with further expansion of the hospital and its impact on the community.  Mr. Nolan was also concerned with the impact the Courthouse will have when it is completed.  He felt that the area is being overburdened.
Sam Butterfield felt that it was difficult to be at odds with the Jordan Hospital as he has always been very supportive.  He suggested that the hospital and the community work together to create a master plan that is acceptable.   Mr. Butterfield felt that the project did not meet environmental design conditions as it would have an adverse effect on the neighborhood.  Mr. Butterfield gave a PowerPoint presentation that detailed the close proximity of the site from different residences in the surrounding neighborhood, the natural features in the area and the areas that would be disrupted.
Elspeth Franks suggested making the building smaller and/or moving the location, turning the parking lot 90 degrees and providing additional landscaping.  Ms. Franks also suggested that mitigations on Sandwich and Obery Sts. would be necessary.
Souther Barnes stated that the hospital has been under construction for several years and the neighborhood needs a break from the construction noise, congestion and lights.  He felt that leasing the property to a private enterprise was not appropriate
Nicholas Filla reminded the audience that the Planning Board will make a recommendation to the Zoning Board of Appeals, but the ZBA is the permit granting authority.  Mr. Filla asked for clarification of whether the private enterprise would pay taxes make a payment in lieu of taxes. Atty. Costa answered that they were not certain how the payments would be made.
Larry Rosenblum stated that the building itself was not as great an issue as the parking area.  Mr. Rosenblum suggested structured or satellite parking instead of additional surface parking.  He felt that it was important for the hospital to grow, but not at the expense of the residential community.
Paul McAlduff was concerned with traffic impacts on Obery Street, which is already a failed road.  He supported the concept of having the office building on site, but was concerned with the parking.
Malcolm MacGregor agreed with the neighbors and other Board members that there was too much of an impact on the surrounding neighborhoods.  Mr. MacGregor suggested that as the Plymouth North High School site is nearing its end use, that site might be more appropriate for the medical building.
Loring Tripp stated that the hospital should be sensitive to its neighbors.  This area is the becoming a regional center already with the expansion of the hospital and the construction of the Registry of Deeds and the Courthouse.   Mr. Tripp was also concerned that the internal layout on the site was not adequate.
Mr. Filla informed the Board and the audience that the Obery Street Study Committee has been meeting and is working to address the traffic issues on Obery Street.  The Committee is  concerned that during peak hours, it is difficult to get through the traffic light at the intersection with South Street and that if the road system is not designed properly, it could be a disaster.  One suggestion to eliminate some of the traffic on Obery Street is to create a parallel road through the County land.  This would eliminate some of the impact on the neighborhoods.   A final design would not be ready for some time.    
Mr. Tripp stated that there is inadequate access to the highway and the overpass bridge is too narrow to allow for expansion.  
Atty. Costa suggested that the applicants review some of the concerns and return at a future meeting.  They had hoped for a favorable recommendation with conditions.  
Larry Rosenblum stated he could not support the petition under any conditions.  
Atty. Costa stated that the doctors want to do the project properly and would request a continuance from the Zoning Board of Appeals.  

The Board took a short break.

BOA 3359
        Sandwich Street
Brian Donohoe, Goldman Environmental Consultants, Inc., reviewed a revised plan for the property located on Map 24, Lots 10C and 10D, 176 Sandwich Street.  The site consists of 2.9 acres with 51% of the lots uplands and 49% wetlands.  The petitioner has applied for special permits to extend, alter, construct, enlarge and move a pre-existing non-conforming structure and use and a variance of front setback requirements in order to demolish an existing two-family dwelling and a commercial building and construct nine condominium units.  Originally the plan was for eleven units.  The units would consist of three duplexes and three single-family units.  One of the units would be designated for affordable housing.  The condos would be accessed through a single driveway.  The project will include the restoration of the perennial stream, installation of stormwater drainage and the elimination of the existing cesspools with the installation of Town sewerage.
Dennis Nolan reviewed the site plan.  Creating a central driveway has created a vista through the middle of the site.  The Conservation setbacks have been adhered to and the site lines have been improved.  The units will be two bedroom units and the duplexes will have a single bay garage and the single-family units will have a two-bay garage.   The buildings will be earth and gray tones.   The plant material will be kept low scale to maintain the view with the exception of higher plantings to block the view of the sewerage pumping station.  The lighting will adhere to the dark sky bylaw.  
Lynn Govoni, Overlook Road, was concerned with the increased traffic and traffic safety issues at peak times, the density of the project, and the ecological impact.
Troy Reilly, Overlook Road, felt that the density was too high and suggested three or four units would be more appropriate.  She was also concerned with the environmental impacts and traffic safety.
Bobbi Clark, Plymouth Center Steering Committee stated that a majority of the committee supported the project with conditions as follows:
Verification and approval of the stated buildable area of 62,000 sq. ft.
An environmental study reviewing overall environmental impact and verifying that the stated 25 ft. setback adequately protects our wetland resources.
Approval by the Conservation Commission.
A covenant restricting the use of pesticides and fertilizers on landscaped areas.
Traffic study evaluating impact of car trips of occupants of nine two bedroom units, not deed restricted, that feed onto a major roadway at a dangerous curve.
Application for affordable unit as required by the Inclusionary Zoning Bylaw.
Sam Butterfield felt that the project was too dense for the site.  Mr. Butterfield was also concerned with the traffic at this dangerous spot and the project was not in character with the neighborhood.  He felt that the unique vista should be preserved.
Elspeth Franks was concerned that a project of this density could set a precedent for other parcels in the area.   Ms. Franks encouraged the Board to look at the overall picture for the area.  
Mr. Filla stated that projects are reviewed on an individual basis.
Phil Cronin was concerned with the density of the site.  He suggested that four units would be more appropriate.   
Frederick McCall stated that this last piece of sanctuary of marsh in Plymouth should be preserved.  Mr. McCall was concerned that there was no flood wall proposed and the marsh is subject to flooding.
Mr. Filla stated that Wetland and Rivers Act guidelines needed to be followed.  Mr. Filla was concerned with the preservation of the marsh.  He stated that the soil logs show peat and roots and that the fill area and upland area should be defined.  
Larry Rosenblum suggested that a single building with parking at the rear would create less disruption of the site and provide better vistas.
Malcolm MacGregor stated that four units would be more appropriate for the site and the wetlands should be protected.  
Paul McAlduff was concerned that no plan was submitted to define the mitigations to the river.
Mr. Donohoe stated the applicant is working with DPW and Conservation to create an acceptable design and that the Town would assume a portion of the financial liability for any mitigations.  
Loring Tripp suggested that six units might be more appropriate.
Malcolm MacGregor moved to recommend denial to the Zoning Board of Appeals for the following reasons:
The proposed use is substantially more detrimental than the current pre-existing non-conforming uses.  The proposed density and the increase in building footprint are too great.
There will be a hazard to pedestrians or vehicles.  Historically, the retail uses on this site have been of limited intensity.  This proposal will generate a significant increase in traffic above the levels historically observed at this site.
The proposed change will be a nuisance and will have an adverse effect upon the neighborhood.  The site is surrounded by environmentally sensitive areas.  The proposed buffers from wetlands are insufficient.  Only a minimal amount of usable open space is proposed.  The architectural design of the buildings is not in keeping with the architecture found in the surrounding neighborhood.
Insufficient information has been provided with respect to the affordable component as required under Section 205-71 of the Bylaw to determine if the project will meet the requirements of the special permit for inclusionary housing.
The vote was unanimous (5-0).

Malcolm MacGregor moved to adjourn at 11:40 p.m.; the vote was unanimous (5-0).

Respectfully Submitted,



Eileen M. Hawthorne
Administrative Assistant                                Approved on:  April 24, 2006