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Planning Board Minutes April 10, 2006
These minutes are not verbatim
Board Members: Loring Tripp, III, 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
A4195
Larry Rosenblum moved for the clerk to sign the plan; the vote was (2-0-1) with Loring Tripp in abstention.

Paul McAlduff arrived at 7:08 p.m.

Discussion
Village Crossing
Lee Hartmann suggested that the Board listen to the comments from the neighbors and then staff would compile a list and meet with the developer to review all the issues.
Barry Wood addressed the Board with his concerns regarding the Village Crossing project.  Mr. Wood stated that the developer is marketing the project with an age restriction of one resident being 55 or over and the original presentation of the project called for an empty nester community with no children.  Mr. Wood was concerned with the units being leased, the sidewalk has not been constructed along Beaver Dam Road to State Road, and the clubhouse has not been constructed.  Mr. Wood requested that the abutters be notified of any future meetings.  
Charles Moses stated that the buildings were supposed to be constructed with clapboard and white cedar shingles and he was disappointed that the vinyl siding is being used.  Mr. Moses was concerned with the density and the excessive size of the units, which allows for the possibility of a third bedroom in each unit.  Mr. Moses stated that the traffic study was based on an age-restricted project with all residents over 55.  Mr. Moses was concerned with the stockpiles of dirt and debris and the noise on the site that affects his motel business.
James McKetta was concerned with the dust and the noise on the site, the increase in density, and the increased size of the structures.  Mr. McKetta was also concerned with the change in the age-restriction requirements, the relocation of the interior road system, the possibility of insufficient septic systems if a third bedroom is added, and the potential for the units to be leased.
Scott Andrews was concerned with the elevation of the road and the lack of a buffer along his property.
Loring Tripp requested clarification on the clubhouse, sidewalks, direction of road and its impact on the abutters, debris removal, and buffer area.  Mr. Tripp suggested that the landscaping should be increased and drainage issues should be reviewed as to whether the Town is impacting this site.  
Malcolm MacGregor stated that the plans and vote would be reviewed in regards to the neighbors concerns and any deviations from the approved plans may require a modification of the special permit.
The Board continued the discussion to May 8, 2006 at 7:30 p.m.


Appointment
        Open Space Committee
Lee Hartmann stated that the Board has asked that a committee be formed to review the  inventory of Town owned land which is almost completed.  The committee will determine which parcels should be kept as open space and which are potentially developable.  Initial ranking information has also been drafted.  Once the information has been finalized it will be circulated to various boards, committees, and agencies within the Town for their input.  The committee (once it is seated) will review the information that has been submitted.  
Valerie Massard stated that the various boards, committees, and agencies will be asked to review the inventory of land owned by the Town, DPW, Conservation, etc. and highlight any Town owned lands that are of interest.  Ms. Massard explained the ranking system.  
The Planning Board added another citizen-at-large to the makeup of the committee.  
John Hammond, Chair of the Open Space Committee, asked the Board to reconsider both Articles 19 and 19A because there was a mistake in the acreage on Article 19 and the Board wanted to view the other parcels prior to making a decision.
Loring Tripp moved to separate the articles and reconsider individually; the vote was unanimous (4-0).  
Christine Reardon presented the review of Article 19, with the acreage correction.  The land the Open Space Committee would like to preserve surrounds and includes a certified vernal pool and is adjacent to Ezekiel Pond (a coastal plain pond) and near White Island Pond.
Paul McAlduff questioned whether the Ezekiel Pond was a coastal plain pond.  
Ms. Reardon stated that she would clarify whether it is a coastal plain pond with the Nature Conservancy prior to Town Meeting.  
Loring Tripp moved to support Article 19 at Spring Town Meeting with the corrected acreage of 1.6 +/- acres, the vote was (3-1) with Paul McAlduff in opposition.  
John Hammond began the presentation for Article 19A, which originally included Map 61, Lots 28, 29, 30, and 31 and Map 64, Lots 19 and 20.  On March 21, 2006, the Open Space Committee withdrew Lots 28 and 29 on Map 61.  The preservation of these parcels is part of an attempt to create a corridor between the State Forest and the coast.  Lots 30 and 31 on Map 61 would also serve as buffers to abutting neighborhoods.  
Mr. Hartmann was supportive of preserving these parcels.
Loring Tripp moved to recommend support of Article 19A in its entirety to Spring Town Meeting.
Mr. Hartmann stated that to do so would require an amendment at Town Meeting as Lots 28 and 29 on Map 61 have been formally withdrawn.
Loring Tripp moved to support the preservation of Map 64, Lots 19 and 20 at Spring Town Meeting; the vote was unanimous (4-0).  
Loring Tripp moved to support for conservation lots 28 and 29 on Map 61.
Mr. Hartmann stated that the Board would also have to move to amend on Town Meeting floor or support the amendment if made by someone else.
The vote was (3-1) with Paul McAlduff in opposition.
Loring Tripp moved to support the preservation of lots 30 and 31 on Map 61 at Spring Town Meeting; the vote was (3-1) with Paul McAlduff in opposition.
BOA 3360
Pilgrim Hill Rd
Atty. Edward Angley presented the application for a modification of Special Permit #2662 and special permits for signs, buffers, to waive parking requirements and for the number of buildings on a lot.  The application has been submitted in order to construct signage, a freestanding bank, and enclose an existing 20,000 sq. ft. garden center on the former KMart property.  The plans also included a passenger vehicle connection to the Dunkin Donut site and a two-way truck access to the proposed warehouse for Dunkin Donuts behind the existing building.  Atty. Angley stated that originally there were six tenants proposed for the project, but that has been reduced to four tenants.  
William Shaw, Associated Engineer, reviewed the site plan with the location of the passenger vehicle connection, the truck access, parking, signage, and the proposed 6000 sq. ft. freestanding bank with three bays.  
The signage requested is as follows:
Replace the existing Pilgrim Hill Road pylon sign.
Install a second pylon sign adjacent to the proposed driveway to the Dunkin Donuts
Install a third pylon sign.
Install tenant identification signs along the buildings main façade.
Install tenant identification signs along the buildings rear façade.
Atty. Angley stated that the special permit to waive the buffer area was being requested due to a zoning change that rezoned the adjacent parcel to Mixed Density Residential,  A 50 ft buffer would be required for a residential property, but the KMart building was permitted and constructed prior to the zoning change.  Atty. Angley suggested that a condition of site plan approval for the bank would be appropriate as the design is not complete at this time and the applicant would return with the final design for the proposed signage.  Currently there are 792 parking spaces, which are being utilized at approximately 42%.  The traffic study will be submitted when it has been completed.
Lee Hartmann suggested that further review of the signage, landscaping and lighting plans would be necessary.  Mr. Hartmann stated that staff was not in support of the highway pylon sign.
Paul McAlduff suggested the installation of an electronic gate to prohibit passenger vehicles from using the truck access.  
Larry Rosenblum suggested that a peer review of the traffic and site design should be done.
Loring Tripp was concerned with the access from Samoset Street into the Dunkin Donut site.  He was concerned with vehicles travelling west taking the left turn into the site and suggested that a physical barrier should be installed to prevent access from that direction. Mr. Tripp suggested that signage could be added that would indicate an entrance off Pilgrim Hill Road. The egress has been designed to provide a right turn only onto Samoset Street.  Mr. Tripp questioned how the queuing for the bank would be designed.  
Mr. Shaw stated that the queuing would be interior, not along the roadway.
Malcolm MacGregor felt that it was important to review the traffic study prior to making any recommendation.  Mr. MacGregor suggested adding directional information to the rear of the building instead of erecting a highway pylon sign and that the signage on the rear of the building should be the same size and font.  
Mr. Tripp moved to continue the review to April 24, 2006; the vote was unanimous (4-0).

BOA 3361
Cedarhill Park
Atty. Robert Betters presented the request for special permits subject to EDC for an office building in excess of 6,000 sq. ft. and to vary the front yard setback in order to construct a 24,000 sq. ft. medical office building with associated parking and utilities. The Board had already reviewed the project during a conceptual review.
Jon Henson reviewed the landscaping plans for the site which included informal plantings along Hedges Pond Road with more formal landscaping along Cedarhill Park Drive.  The landscaping plan also showed plantings to screen adjacent properties.  
Lee Hartmann stated that the plan was consistent with the Board
Steve Kotowski, Webby Engineering, replied that the retaining wall would be a split faced concrete block wall similar to the one constructed for Beaver Dam Ridge.
Paul McAlduff requested that cedars be added to the landscape plan.
Larry Rosenblum asked for clarification of the sidewalks.
Mr. Kotowski replied that there would be sidewalks around the building.  
Valerie Massard stated that the sidewalks within the development are ADA compliant, but there are no sidewalks along Hedges Pond Road.  
Atty. Betters stated that there is an easement along Hedges Pond Road for future installation of sidewalks by the Town.
Paul McAlduff moved to recommend approval to the Zoning Board of Appeals subject to the following conditions:
Compliance with the Prevention of Light Pollution Zoning Bylaw must be documented.  Lighting details should be reviewed by the Planning Board.
The trash receptacle should be screened from view with either plantings or decorative fencing.
Prior to issuance of an occupancy permit, a Registered Professional Engineer must certify that the drainage system, drive ways, curbing and parking areas have been installed according to accepted practices and in compliance with the Zoning By-law and the approved site plan.
A registered landscape architect or other qualified licensed professional must certify to the Building Inspector prior to the issuance of a final occupancy permit that the required landscaping has been properly installed in accordance with the approved site plan, the Zoning Bylaw, and acceptable landscape practices.
Compliance with ADA requirements must be documented.
The retaining wall will be constructed of split-faced block that will have a natural earth tone color.
The vote was unanimous (4-0).

Conceptual Review
292 Summer Street VOSD
Joshua Bows presented a conceptual review for a proposed VOSD at 292 Summer Street.  The existing house would be on a 35,000 sq. ft lot, a duplex is proposed for an 11,100 sq. ft. lot and the open space area would consist of 30,900 sq. ft.  The open space area would be connected to abutting open space that was recently created and is adjacent to Morton Park.  
Lee Hartmann had a question about the inclusion of a Town owned drainage parcel in the area calculations and the strip of land along the rear of the property that was excluded from the open space.  
Mr. Bows replied that there is an easement for the Town drainage area and that the strip at the rear was to become part of the lot behind his property that he is trying to acquire.
Mr. Hartmann stated that the open space area needed to be designated as a separate lot, not an easement.  Mr. Hartmann recommended that the proposed duplex should be reduced to a single family dwelling.
Loring Tripp questioned how much frontage was on Summer Street.
Mr. Bows answered that there is 300 feet of frontage and he would need to request a waiver of frontage requirements.
Malcolm MacGregor questioned whether a waiver would be appropriate.
Mr. Hartmann stated that under the VOSD a waiver for frontage could be granted similar to the one recently granted for 298 Summer Street.  
Loring Tripp suggested that a buffer along Summer St. should be provided and that two single family homes would be appropriate.
Paul McAlduff questioned the strip of land at the rear of the property and access for the lot  Mr. Bows hopes to acquire.
Mr. Bows stated that the access for lot 38B-2 would be off Little Pond Road.
Mr. Hartmann suggested that any formal plan submitted include lot 38B-2 if the strip at the rear is to be combined to create a new lot.  
Larry Rosenblum supported two single family homes on the site.  

Conceptual Review
Philip Chandler (LIP on Braley)
Philip Chandler presented a conceptual review to increase density on Map 27, Lot 32, 6 Braley Lane in order to construct two duplexes with garages.  Each unit would have three bedrooms, and 1.5 baths and would be approximately 1600 sq. ft. without the garage.  Three of the units would be sold at market rate with one unit sold as affordable.  Mr. Chandler is working with Community Development to submit a LIP application and draft a Memorandum of Understanding for the project.  
Lee Hartmann stated that the site would be serviced by Town water and sewer.
Larry Rosenblum was concerned that Braley Lane is a narrow street with no sidewalks.
Loring Tripp felt that the site was a good location for the project.  Mr. Tripp suggested providing an easement for a sidewalk if at some time in the future the Town installed the sidewalks.  Mr. Tripp also suggested facing the units toward the street, with the garage in the rear of the units in order to create more common space and possibly reducing the size of the buildings.
Paul McAlduff suggesting moving house #1 closer to South Street and house #4 forward to create more of a neighborhood character.
Larry Rosenblum suggested facing the units toward Braley Lane.
Malcolm MacGregor felt the project was too dense for the site.  

Site Plan Review
Mary B. Lane/Camelot Drive
Mark Flaherty presented a site plan review for an 80
Lee Hartmann suggested that a condition should be added that defines and provides an easement for the loading dock access through lot 23-12 and that the dumpster should be screened.
Loring Tripp suggested increasing the landscaping and reducing the parking.  
Paul McAlduff moved to notify the Building Commissioner that the site plan complies with the requirements of the Zoning Bylaw after the following issues are addressed:
The applicant has agreed to return to the Planning Board with a revised site plan that eliminates a few of the parking spaces located near the trash receptacle and replace them with addition landscaping to screen the receptacle.  The Board also asked the applicant to consider installing street trees along Camelot Drive.
The trash receptacle should be screened from view with either plantings or decorative fencing.
Prior to issuance of an occupancy permit, a Registered Professional Engineer must certify that the drainage system, drive ways, curbing and parking areas have been installed according to accepted practices and in compliance with the Zoning By-law and the approved site plan.
Compliance with ADA requirements must be documented.
Lighting is to comply with the Light Pollution Bylaw.  Light poles should not exceed twelve feet in height.
The loading dock will be accessed via the abutting Lot 23-12.  A copy of the easement necessary for the share access should be presented to the Building Commissioner.
The vote was unanimous (4-0).

Minutes:
March 27, 2006
Paul McAlduff moved to approve the minutes of March 27, 2006 as presented.
Larry Rosenblum requested that the following change be made on page four:  
Replace
With the following language:
The vote to approve the minutes of March 27, 2006 with the above mentioned change was unanimous (4-0).

Administrative:
Discussion
Valerie Massard informed the Board that this discussion would be delayed for approximately two weeks in order to review the work completed by Pulte Homes and a report from Earth Tech.

Paul McAlduff moved to adjourn at 10:05 p.m.; the vote was unanimous (4-0).

Respectfully Submitted,



Eileen M. Hawthorne
Administrative Assistant                        Approved on:  May 1, 2006