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Planning Board Minutes June 12, 2006

These minutes are not verbatim
Board Members: Malcolm MacGregor, Paul McAlduff, Loring Tripp, III, Larry Rosenblum, and Marc Garrett.
Planning Board Alternate: Timothy Grandy
Staff Members: Lee Hartmann and Valerie Massard
Recording Secretary: Eileen Hawthorne

Form A
A4210
Larry Rosenblum moved for the clerk to sign the plan; the vote was unanimous (5-0).
A4212
Paul McAlduff moved for the clerk to sign the plan; the vote was 4-0-1 with Loring Tripp in abstention.
A4206
Loring Tripp moved for the clerk to sign the plan; the vote was unanimous (5-0).
A4208
Larry Rosenblum moved for the clerk to sign the plan; the vote was unanimous (5-0).
A4209
Paul McAlduff moved for the clerk to sign the plan; the vote was unanimous (5-0).

Conceptual Review
Resnik Rd/Christa McAuliffe Blvd - Medical Office Building
William Shaw, Associated Engineers, Inc., presented a conceptual review of a site plan for an additional medical building on the property shown on Assessors Map 103 as lots 14K-128 and 14K-130.   The site currently has a medical building, which may be expanded at a future date.  The new structure would be a 6,000 sq. ft., two-story building for Shields MRI.  The parking lot for the new structure would be linked to the existing parking lot.   A new lot line would be created using the five foot offset for a second building, that is allowed under the bylaw.  There will be a 150-ft. buffer separating residential and industrial uses.  
The Board was supportive of the proposed use of the bylaw and having the applicant proceed with a formal site plan review.

Conceptual Review
        Caswell Lane
Atty. Edward Angley began the presentation for conversion of an parking lot on Caswell Lane to 5 residential units.  
Ed Fuller presented the schematic designs for the site.  The site abuts Nelson Park, two single-family residences, and a 3 story, 4 unit residential building. The preferred design showed five units (between 1,600 and 1,700 sq. ft. each) facing Nelson Park, with individual driveways and garages located off Caswell Lane. Each unit would have a courtyard and plant material will be low growing to provide a view for surrounding homes.   The exterior will consist of weathered shingles and traditional wood materials. Architectural fencing would be installed along the Nelson Park boundary.
Valerie Massard stated that the presentation reflected the character of the community  and the surrounding buildings in the design.  The approach of private entrances through garage is similar to the Pinehills Development.  Ms. Massard also stated that the view shed would be improved for both the neighbors and the potential buyers.  
Marc Garrett suggested maximizing the percentage of green space.  He was concerned with the density, the constraints of the access and egress and the turning radius of the parking spaces.
Mr. Fuller replied that the garages could be removed to create more green space and suggested adding a turnout.  The plans will have to be reviewed by DPW and the Fire Chief to insure adequate access.
Paul McAlduff was concerned with overflow parking from the nearby business, that utilize Caswell Lane.  Mr. McAlduff also requested clarification of the use of the former Chamber of Commerce building.  He suggested that the density be reduced to four units.  
Michael Price, Eastport Real Estate, stated that he has looked at improving the parking lot at Ocean Spray with restriping, moving dumpsters, and loading docks.  Mr. Price also stated that the parking lot on the westerly side of Water Street will also be reconfigured to provide more parking.  The existing concrete white building on that parcel may be demolished.
Atty. Lothrop Withington addressed the uses of the former Chamber of Commerce building.  There is a cancer center and real estate office on the first floor, and account and a law practice on the second floor and two residential units on the third floor
Loring Tripp was concerned with emergency access to the units, the density, and having traffic backing out onto Caswell Lane.
Malcolm MacGregor felt that four units would be more appropriate.  Mr. MacGregor suggested that the applicant consider providing renewable energy systems and energy saving appliances on the project.
Roy Hamlin, an abutter supported the concept, but stated that the office building  will changing in the near future and that should be taken into consideration.
Larry Rosenblum felt that the two projects should be looked at in conjunction with each other and Nelson Park in order to enhance the safety issues on both sides of Caswell Lane.
The Board looks forward to further review of the project.

BOA 3370
        Warren Ave (6/21)
Lee Hartmann began the presentation for the revised plans to convert an existing rooming house to four residential units (previous plans showed five units).  The parking has been moved from the front to the back and the side yard setbacks have increased.
Don Bracken, Bracken Engineering Inc., reviewed the changes: that the middle unit was removed, the remaining units were moved closer together to enlarge the side setbacks, the deck size has been decreased, the parking has been moved to the rear of the structures and four guest spaces have been added.
Jon Henson, Landscape Architect, presented the landscaping plans.  The revised plan will provide peephole views of the ocean.  The area in front of the buildings will have walkways to each unit, surrounded by lawn.  The vegetation along Warren Ave will provide privacy while maintaining the generous sight lines.   There will be functional walkways in the rear to access the parking area.  There will be no changes to the existing vegetation at the rear of the site.  There is an existing, dilapidated foot bridge over the Eel River which may be rebuilt at a future date, but would need Conservation Commission permits.
Gordon Noseworthy, Forniciari & Noseworthy Architects, reviewed the exterior of the proposed Victorian style structures that will include vinyl shakes with ashpalt shingles in the roof.  The two exterior units will have decks in the rear and the two interior units will have decks on the side.  
Larry Rosenblum suggested creating massing that has a greater variety and enhancing the architecture.  He felt that the decks were unattractive and if the floor plans were reversed, an upper and lower deck could be added or decks put off the bedroom.
Marc Garrett questioned how much area the existing structure to the rear occupies and whether the bridge is licensed.  
Mr. Bracken replied that approximately 80 percent of the impervious surface is in the river front area.  The applicant intends to offer riverfront improvements to the Conservation Commission as mitigation for this project.  When it is demolished, restoration would be done.  The bridge repairs would require licensing by the State.  
Bob Gosselin, Goscon, Inc., stated that the decks would have trellis or lattice installed to provide privacy.   The location of the structure has been designed to be sensitive to the Conservation Commission setback requirements.
Loring Tripp was supportive of the parking in the rear of the structures and the decks.  Mr. Tripp suggested that the buildings could be jogged five or six feet to create more interest and that natural materials should be used instead of vinyl.
Paul McAlduff suggested wrapping the interior decks around the corner of the structures.
Malcolm MacGregor was supportive of the decks.  Mr. MacGregor suggested that a hip roof on the end units would eliminate the tunnel effect.
Mr. Bracken pointed out that the decks on the side would connect the buildings for zoning purposes, otherwise there would be two buildings on one lot.
Paul McAlduff moved to recommend approval to the Zoning Board of Appeals subject to the following conditions:
The applicant agreed to return to the Planning Board to present alternatives to deck layouts, building design, and increasing the jog between the units.  Said alternatives shall be presented to the Board of Appeals for final approval.
Traditional wood siding material shall be used.  Wood siding is more in keeping with the neighborhood.
A revision date is needed on the revised site plan.
Detailed landscape plans shall be prepared and submitted for review by the Planning Board with final approval by the Zoning Board of Appeals.
The proposed drainage system must be approved by the Town Engineer's Office.
All site lighting is to comply with the Light Pollution Bylaw.  Light poles should not exceed twelve (12) feet in height.
The proposed decks shall not be enclosed.
No work may begin on the property until all relevant environmental permits and licenses are received for the project.
If a trash receptacle is used on the site, it is to be located and screened from the public view.
All plantings shall be subject to a 2-year performance requirement after installation (which shall re-instate if replacement plantings are installed), and the Petitioner shall be responsible for any replacements needed in that 2-year time period.
A Condominium Association shall be created and incorporate annual assessment for roadway maintenance, snow plowing, landscaping, drainage, wastewater treatment and other areas of common interest and concern.  The Homeowners/Condominium Agreement shall also incorporate provisions regarding the ownership and maintenance of the common areas of the site, including drainage, common drives and associated improvements, septic systems and landscaping will be provided as an attachment to the Association documents.
Prior to issuance of an Occupancy Permit, a Registered Landscape Architect or other qualified licensed professional must certify to the Building Inspector that the required landscaping has been properly installed in accordance with the approved site plan, the Zoning Bylaw and acceptable landscape practices.
Prior to issuance of an Occupancy Permit, a Registered Professional Engineer must certify that the drainage system, driveways, curbing, and parking areas have been installed according to accepted practices and in compliance with the Zoning Bylaw.
The vote was unanimous (5-0).  




BOA 3374
        Clyfton St/4 new residential units on existing 8 units
Atty. John Wyman presented the request for special permits in order to expand a nonconforming use from an 8 unit multi-family to a 12 unit multi family and to waive the off-street parking.  The existing 8 units would be expanded and four units would be added.  On site parking would be provided for the units.  
Don Bracken, Bracken Engineering Inc., presented the site plan, showing the expansion of the existing building, the 2.5 story addition for the four new units, the parking area for 12 vehicles, two retaining walls to accommodate the change in grade, the utilities (Town water and sewer) and the drainage system.
Jay McMichael, presented photographs of the existing structure and the surrounding neighborhood.  The proposed units are one bedroom units, with two units being handicap accessible.
Lee Hartmann presented a map showing the current uses of the surrounding neighborhood.  Majority of the properties are single or two-family dwellings.  Mr. Hartmann felt that twelve units were not consistent with the neighborhood and would not be appropriate for this site.
Larry Rosenblum stated that there is a distinction between a collector and residential street and this approach in a residential neighborhood was not appropriate.  Mr. Rosenblum felt that maximizing these types of sites would destroy the character of the downtown area.  He suggested that the applicant explore other options.  
Marc Garrett felt that the expansion of the pavement to create parking and the massing of the proposed addition was excessive.
Atty. Wyman stated that the village center master plan calls for a mix of housing and that renters need a quality place to live and these units would be appropriate for those renters that cannot afford the high end units.  He stated that off street parking would be provided with the additional units.
Loring Tripp supported the need for a diversity of housing and supported the one-bedroom units.  Mr. Tripp suggested that in exchange for the increased density, one unit could be designated as affordable housing.  
Malcolm MacGregor and Marc Garrett stated that they would like to see alternative designs for the site.
Paul McAlduff moved to recommend denial to the Zoning Board of Appeals for the following reasons:
The existing use already exceeds the density allowed under the current zoning (1 unit allowed) by 7-units. The proposed expansion will increase the density of development on the site from 18 units per acre to 27 units per acres and is therefore  substantially more detrimental than the current pre-existing non-conforming use.  The proposed increase in density and the increase in building footprint are too great for this neighborhood and for the R20-SL (single and two-family Zoning District).
There will be a hazard to pedestrians or vehicles.  This proposal will generate a significant increase in traffic above the levels historically observed at this site and the proposed parking is not adequate.
The neighborhood consists of predominately single and two family dwellings. Placing 12 units on this 19,048 square foot lot does not represent minimal relief and will be a nuisance and will have an adverse effect upon the neighborhood.   
The vote was (4-0-1) with Loring Tripp in abstention.

The Board took a five-minute recess.

BOA 3371
        Alden Pond Condos
Atty. Edward Angley informed the Board that the plan had not been reengineered as it has been done several times.  The proposed plans will clean up the site and the existing stagnant water.  Atty. Angley stated that new architectural plans would be presented.
Jon Henson, Landscape Architect, reviewed the architectural plans, that show six attached units in one structure along the north side of the property and a two unit structure at the rear of the site.  The proposal will be presented to the Conservation Commission for their review of the pond expansion and the location of the structures.  The entrance to the site would be through an existing curb cut on Court Street.  The drive area would consist of a permeable paver system to reduce runoff.  Each unit would have a single car garage and one parking space.  The units would be staggered for visual interest and would have decks overlooking the pond.  The wetland replication could create more habitat and be a gateway to other open space areas. A natural rock structure would be installed as an aeration system for the pond.   If the Town allows expansion of the pond, a small seating area in the Town owned land would create a park like setting.   The lighting would be ornamental.
Atty. Angley stated he has amended the petition to include inclusionary housing.
Gordon Noseworthy, Forniciari & Noseworthy, reviewed the architecture for the structures, which would have vinyl clapboard siding, asphalt roof shingles.  The units would have two bedrooms and 2.5 baths.  
Valerie Massard stated that the Board has seen this a few times and the engineering plans are the same as previously presented.  Ms. Massard still had the same concerns regarding the engineering, how to improve the curb cut, addressing the affordable housing unit, the setback requirements between buildings, and the relationship to abutting uses. Ms. Massard stated that the Plymouth Center Steering Committee still had the same concerns with the site as previously submitted.  
Atty. Angley suggested approving the concept, with the conditions regarding the final engineering.
Jon Henson reviewed  an alternative plan (schematic #9).  This plan shows a duplex unit toward the front of the site with a separate curb cut off Court Street with two duplexes along the north side of the site and one duplex at the rear.  All other aspects of the project stay the same.  
Larry Rosenblum felt that the two buildings in the front would take away from the park like setting proposed.
Marc Garrett stated that the existing habitat has value now and this project would change that, but it would create a flow across the Town land and the open space at the rear of the site.  Mr. Garrett preferred schematic #9.  He suggested that the applicant might want to consider installing a habitat hydrant with switch valves to draw water to fertilize the grounds.  
Malcolm MacGregor and Paul McAlduff supported alternative #9.   
Loring Tripp supported the first alternative as he was concerned the additional curb cut could create a public safety issue.
Loring Tripp moved to recommend approval of the original plan submitted subject to the following conditions:
Approval by the Conservation Commission is required for work under their purview.  Any changes to the plan as a result of this process are subject to review by the Planning Board and final approval by the Zoning Board of Appeals.
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.
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 Bylaw.
The drainage easement requested by DPW is necessary to perform maintenance and should be granted prior to issuance of a building permit.  
In this case the wetlands replication may take two years to complete.  It is recommended that the Board of Appeals find that the initiation of the wetland replication will represent substantial construction permitted by this Special Permit.
Prior to the issuance of a building permit:
The final site plans, drainage calculations and drainage design shall be reviewed by the Planning board, and Town Engineer prior to submission to the Zoning Board of Appeals for final approval.
Final plans showing architectural details are to be reviewed by the Design Review Board and Planning Board, with final approval by the Zoning Board of Appeals.
A detailed plan of the proposed entranceway.
Erosion control plan
Easements for proposed utilities (natural gas and water) shall be shown on the plans.
Is the pond recharge area existing or proposed?
Why is the silt fence depicted only on the south corner of the lot?
Is a retaining wall proposed in the north corner of the lot adjacent to the proposed transformer?
Fire Chief should comment on the proposed back-out regarding turn around for emergency vehicles.
Clarify reference to
All site lighting is to comply with the Light Pollution Bylaw.  Light poles should not exceed twelve (12) feet in height.
The proposed decks shall not be enclosed.
No work may begin on the property until all relevant environmental permits and licenses are received for the project.
If a trash receptacle is used on the site, it is to be located and screened from the public view.
All plantings shall be subject to a 2-year performance requirement after installation (which shall re-instate if replacement plantings are installed), and the Petitioner shall be responsible for any replacements needed in that 2-year time period.
A Condominium Association shall be created and incorporate annual assessment for roadway maintenance, snow plowing, landscaping, drainage, wastewater treatment and other areas of common interest and concern.  The Homeowners/Condominium Agreement shall also incorporate provisions regarding the ownership and maintenance of the common areas of the site, including drainage, common drives and associated improvements, septic systems and landscaping will be provided as an attachment to the Association documents.
The vote was the (4-1) with Marc Garrett in opposition.
Loring Tripp moved to recommend approval to the Zoning Board of Appeals of the alternative
Adequate sight distances are to be shown on the plans prior to re-submittal for review.
This alternative depicts abandonment of an existing cart path across the site with a new curb cut on Town-owned land.  Action by the Board of Selectmen or Town may be needed to allow this curb cut.  This issue shall be addressed in full prior to submitting revised plans for review.
The vote was (4-1) with Larry Rosenblum in opposition.

BOA 3375  - Briarknoll Realty Trust
        Center Hill Road/residential windmill
Atty. Edward Angley explained that he has submitted an amended zoning application as the project was designed under Section 205-27 of the Zoning Bylaw, instead of Section 205-73.  The staff report was based on the previous zoning application.  Atty. Angley stated that the applicant has received approval from the State for grant funding in order to construct a residential wind energy conversion system.
Valerie Massard stated that under Section 205-27, the applicant has met all submission requirements.
Mark Flaherty, Flaherty & Stefani, Inc. presented the request for special permits in order to construct a residential windmill on Map 52, Lot 9B, 185 Center Hill Road.  The site consists of five acres and has two dwellings.  The proposed windmill would be located on the side of a hill.  The total height of the windmill would be 113.5 feet and it would provide 50 to 90 percent of the power to the existing structures.  No trees are to be removed, but some trimming may be required
Valerie Massard suggested adding a condition that a couple days notice be given to the Town prior to the trimming of any trees.
Paul McAlduff was supportive.  
Malcolm MacGregor inquired whether any wind calculations had been done.
Atty. Angley replied that the State has reviewed the wind calculations as part of the grant application.
Marc Garrett inquired as to the visibility of the tower from the surrounding area.
Valerie Massard stated that the only structures that would have a view would be the one across the street and an abutting neighbor.  It would also be visible from the ocean.  
Loring Tripp moved to recommend approval to the Zoning Board of Appeals; the vote was unanimous (5-0).  
        
BOA 3372
        State Road  (6/21)
Tony Esposito, Outback Engineering, presented the request for special permits in order to construct a duplex on a vacant lot on Map 45, Lot 14-3, 580 State Road.   The setback required on a major street is 100 ft. and the proposed structure would be setback 60 ft.    The proposed structures have been located closer to the street in order to keep away from vegetated wetlands.  Grading of the site would require the installation of a retaining wall.  The septic systems would be located in front of the structures and the site would be serviced by Town water.  Each unit would have three bedrooms and a single car garage.  Turnaround areas have been provided so vehicles would not have to back out onto State Road.    
Loring Tripp suggested that a single-family structure would be more appropriate.  He was also concerned with the sight distances on State Road.
Larry Rosenblum felt that the huge paved apron was excessive.  Mr. Rosenblum suggested that the applicant create an entrance that retains the vegetation and provides privacy.  
Valerie Massard informed the Board that the site is not a mapped habitat area and would meet the riverfront setbacks.  The project would require review by the Conservation Commission.  The Design Review Board recommended that the garage units be relocated to the end of the structures and the parking areas be decreased.
Paul McAlduff moved to recommend denial to the Zoning Board of Appeals for the following reasons:
The proposed use is appropriate in the zone but not for this particular site.  The duplex as sited on the property and shown on the plans is too close to the wetland area, and has been sited and designed in such a manner that the front yard setback is not adequate due to visibility issues.  2.6 parking spaces per three bedroom unit are required per the Bylaw, insufficient parking is depicted on the plan.  Insufficient information has been provided to show that adequate parking can be provided on this specific site for the proposed use.
There will be a hazard to pedestrians or vehicles.  No information has been provided with respect to adequate sight distances for the proposed driveway location on a Major Street.  The proposed
The proposed change will be a nuisance and will have an adverse effect upon the neighborhood.  The site is abutted by environmentally sensitive areas.  The proposed buffers from wetlands are insufficient.  No screening is proposed for the structure from the street, and the driveway presents too much impervious surface for the site.  There is no provision for maintaining and using the existing vegetation on the site to the extent feasible.  Insufficient information has been provided to show that adequate parking can be provided on this specific site for the proposed use.
The vote was unanimous (5-0).
Minutes:
June 5, 2006
Larry Rosenblum moved to approve the minutes of June 5, 2006; the vote was (3-0-2) with Marc Garrett and Loring Tripp in abstention.

Administrative:
B304
Paul McAlduff moved to release the bond for work completed in the subdivision in the amount of $24,879.65 plus accrued interest; the vote was unanimous (5-0).

B403
Valerie Massard presented the request for a bedroom count confirmation for the Greener Pastures subdivision.  The approved plan allowed for 21 bedrooms.  The records of the building department and the Assessor
Paul McAlduff moved to establish 19 bedrooms as the count; the vote was unanimous (5-0).

B532
B426
B527
Loring Tripp moved for the Board to accept the name change and endorse the plan and covenants; the vote was unanimous (5-0).

Site Plan Review
Loring Tripp moved to notify the Building Commissioner that the site plan complies with the requirements of the Zoning Bylaw ; the vote was unanimous (5-0).

Other Business:
Mowing on Rtes 3 and 44.  
Lee Hartmann stated that Mass Highway is requesting feedback on the no mow areas on Rtes 3 and 44.  The premise is that at some point in the future, the areas would turn to woodlands.  
Marc Garrett stated that Exit 6A on Rte 3 looks ragged.  

25 Milford St.
Larry Rosenblum moved to notify the Building Commissioner that the improvements for access to 25 Milford Road are in compliance with the 1950 subdivision standards; the vote was unanimous (5-0).

Paul McAlduff moved to adjourn at 11:10 p.m.; the vote was unanimous (5-0).

Respectfully Submitted,



Eileen M. Hawthorne                             Approved:  June 19, 2006
Administrative Assistant