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Planning Board Minutes May 15, 2006
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These minutes are not verbatim
Board Members: Loring Tripp, III, Larry Rosenblum, Malcolm MacGregor, Marc Garrett, and Paul McAlduff.
Planning Board Alternate: Timothy Grandy
Staff Members: Lee Hartmann and Valerie Massard
Recording Secretary: Peggy Fitzgibbons
Reorganization
The Planning Board voted unanimously (5-0) to reorganized as follows:
Malcolm MacGregor, Chair
Paul McAlduff, Vice Chair
Larry Rosenblum, Clerk
Marc Garrett, Clerk Pro Tem
Loring Tripp, Member
Form AA4203 - Map 4, Lots 22 and 79-1, Grasshopper Lane/Cherry St. - Lot 79-1 combined with Lot 22, then split to create Lot 22-1 (5,003 SF) and Lot 22-2 (30,103 SF), through a Sec. 81L exemption separating existing buildings constructed prior to zoning in R20SL zone.
The Board took no action.
Site Plan Review
Robert J. Way, addition
Lee Hartmann presented the site plan review for a 80Loring Tripp moved to notify the Building Commissioner that the site plan will comply with the requirements of the Zoning Bylaw after the following issues are addressed.
A portion of the property is located within a cul-de-sac turnaround area. Since the Road has been linked to the Shops at 5 site, the turnaround is no longer needed. Plans have been submitted to the Planning Board to eliminate the turnaround. A building permit should not be issued until after the modification is approved and a revised subdivision plan is recorded at the Registry of Deeds.
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.
The notation for the White Pines should be changed from 4 The vote was unanimous (5-0).
Site Plan Review
70 Armstrong Road, additional building
Lee Hartmann presented the site plan review for a second building on Map 101, Lot 53C. The 29,000 sq. ft. building would consist of a 28,800 sq. ft. storage facility (for interior storage of POD units) with 200 sq. ft. of office space. Parking will be reduced to 123 spaces for both buildings. Building architecture would match the existing building. Town water and sewer will service the site.
Paul McAlduff moved to notify the Building Commissioner that the site plan will comply with the requirements of the Zoning Bylaw after the following issues are addressed:
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.
The vote was unanimous (5-0).
Zoning Workshop
The Board reviewed the seven proposed Zoning articles for 2006 Fall Town Meeting as follows:
Flood District
Revised FIRM, Flood Insurance Rate Maps have been prepared and need to be adopted by the Town of Plymouth. In addition, recommended changes to the bylaw have also been forwarded to the Town for adoption.
Challenge Grant
As part of the Challenge Grant agreement, the Town has committed to placing a conservation restriction on the Briggs property. To place a restriction on the property, clear title is needed. Town Counsel is recommending that the Town clear title through the eminent domain process. The Town Planner is leading this effort.
Transfer of Development Rights
The Goody Clancy TDR report is completed. Staff will begin to work on designating commercially zoned land receiving areas for TDRs.
Obery Street Rezoning
The Obery Street Study should be completed this summer. The Board may chose to adopt Zoning Bylaw changes this fall to implement the recommendations of this report.
On several occasions, owners of residential property located between the High School and MarylouWind Energy Facilities
Members of the TownAquifer Protection District
Establish final wellhead protection boundaries to coincide with the more accurate DEP Zone II. The new Zone II significantly reduce the size of the Aquifer Protection District by eliminating the existing large diameter cones of influence.
Land Acceptance from RDDs
Accept properties from various developments approved by the Planning Board.
Mr. Hartmann suggested that staff proceed with the above-mentioned articles for Fall Town Meeting and if there are other articles that are suggested, they could be placed on a future list.
Malcolm MacGregor was not in favor of reducing the Aquifer Protection District. Mr. MacGregor was in favor of establishing a maximum Floor Area ratio for construction on pre-existing non-conforming lots to limit the size of dwelling constructed on these non-conforming lots.
Paul McAlduff suggested waiting to see what happens with the high school site before pursing the rezoning of Obery Street.
Mr. Hartmann was concerned that waiting would allow for additional retail to be built along Obery Street.
Mr. Garrett suggested that as part of the TDR process consideration of the Priority Habitat Area should be included both for the sending and receiving parcels.
Mr. Hartmann stated that staff would proceed with the seven articles.
Loring Tripp moved for the Board to adjourn to executive session pursuant to potential litigation. A roll call vote was taken: Marc Garrett
The Board adjourned to the Harbor Room for Executive Session.
The Board returned from Executive Session and continued the open meeting.
BOA 3369 Town Wharf
Atty. Edward Angley began the presentation for requested special permits in order to demolish two existing buildings on the Town Wharf currently operated by Reliable Fish and construct a restaurant. Since a prior petition, the size and scope have been reduced, the fish market and deck have been eliminated, the architecture has been revised to be more traditional.
Jon Henson presented the site plan for a two story structure with an 8Bill Forniciari, Forniciari & Noseworthy Architects, presented the architectural plans for the two and a half story structure. The first floor would have garage type doors that would open for take out dining, the second floor would be for indoor dining and the attic level would be for storage. The structure will be sided with white cedar shingles and have white trim with a metal roof.
Jay Kimball, Woods Seafood, was concerned with the parking situation on the Town Wharf.
Paul McAlduff moved to recommend approval to the Zoning Board of Appeals subject to the following conditions:
Prior to issuance of a Building Permit, the proponent will implement adjustments as shown on a revised site plan to the satisfaction of the Town Department of Public Works (DPW) in order to accommodate planned improvements for vehicular and pedestrian circulation on Town Wharf. Any plantings shall be shown on the plan for review by the DPW. An unimpeded travel lane of 24 feet shall be maintained.
The petitioner acknowledges that parking spaces currently shown along the front of the building are to be eliminated, and the area designed for public pedestrian use.
Due to staff constraints, the parking fund payment has not been increased in over a decade. The current amount is $1080 per space. The applicant has agreed to make a contribution to the parking fund of $3000.00 per space ($87,000 based on the current number of seats). At the request of the applicant, these funds will be earmarked for parking improvements that increase the parking capacity for the waterfront.
The DPW is redesigning Town Wharf, final site plans should be reviewed by the DPW to ensure that the proposal is consistent with TownAll work is subject to prior approval by the Board of Selectmen, and negotiated lease changes as necessary. A change to the lease area is necessitated in order to retain the travel lane referenced above (#1).
Drainage design and foundation information will be submitted to the Town Engineer for review, to the satisfaction of the Building Inspector, prior to issuance of a Building Permit.
Evidence of appropriate approvals from the Department of Public Works with regards to Sewer Bank flow and water issues will be provided to the Building Inspector prior to issuance of a Building Permit.
Recommendations of the Design Review Board shall be met to the satisfaction of the Board of Appeals.
Signs will comply with the Bylaw or additional permits will be required.
The vote was unanimous (5-0).
BOA 3370 Warren Ave
Don Bracken, Bracken Engineering, presented a request for special permits in order to change from a non-conforming use (Rooming House) to another non-conforming use (5 unit multi-family residence), waive front and side setbacks and waive the off street parking on Map 39, Lot 4A and 4B, 126 Warren Ave. The property is located within 200Bill Forniciari, Forniciari & Noseworthy Architects, presented the architectural plans the exterior will have a varied elevation façade. Cedar shingles will be used for siding and asphalt shingles will be used on the roof.
Lee Hartmann voiced staffLarry Rosenblum was concerned with the setback from Eel River and the massing of the structure that will block the view of the ocean. He was not supportive of the petition.
Don Bracken stated that the vegetation is blocking the view now. Jon Henson has been hired to create a landscaping plan that will be less intrusive.
Loring Tripp agreed that the massing was excessive and suggested moving the building closer to the street and placing the parking behind the structure.
Paul McAlduff also felt that the massing was excessive.
Marc Garrett was concerned with the drainage on the site and how it would affect the wetland area.
Mr. Bracken replied that catch basins with an underground leaching system would be installed.
Larry Rosenblum moved to recommend denial to the Zoning Board of Appeals.
Mr. Bracken suggested that the review be continued to allow the landscape architect time to revise the plan.
Mr. Rosenblum withdrew his motion to recommend denial.
Marc Garrett moved to continue to the review to June 5, 2006; the vote was unanimous (5-0).
BOA 3350 Beaver Dam Rd
The Board originally reviewed this petition in February of 2006, but the public hearing was delayed at the petitionerRandy Parker, Land Management Systems, Inc., presented the request to increase an existing non-conforming use and structure in order to add 24 residential units, a sewage treatment plant, laundry building and three sets of storage bins to an existing condominium/apartment complex. The State is requiring the installation of a sewage treatment plant for the complex and the construction of the additional units is necessary to offset the cost of the sewage treatment plant. The applicant met with the Office of Community Development regarding a potential LIP application this afternoon. Under the inclusionary bylaw, 10 percent of the project is required to be affordable housing. The applicant is considering designating 100 percent of the additional units as affordable housing.
Staff has recommended the Board take no action this evening as no definitive information regarding the project has been received. The information presented is conceptual as to the layout, size of structures, amenities, the square footage, parking, architecture, engineering, landscaping, building size and shape, and affordability. Also, comments from the Community Development Director regarding the potential LIP application have not been received yet. Valerie Massard suggested continuing the review until the next meeting in order to receive comments from Community Development and to give staff time to draft conditions should the petition move forward.
Abutters were concerned with decreased water pressure in the area, the location of the parking lot, recreation area, and sewage treatment plant, public safety, and the increased traffic.
Loring Tripp was concerned with the pro forma numbers, the location of the parking lot and recreation area, the maintenance of the recreation area, the buffering of the abutters, and the density. He suggested adding units to the existing buildings.
Larry Rosenblum questioned the vacant area on the site.
Mr. Parker stated that the site is divided by a utility easement, but construction could occur on the opposite side of the easement.
Mr. Parker replied that the project would not impact the wetland area.
Paul McAlduff questioned whether the leaching field could be located in the utility easement area. He also felt that the storage units were not necessary.
Mr. Parker stated that the leaching field probably could be located in the easement. He stated that the storage units were not necessary, but would be an amenity for the residents as they have little storage capacity in the units.
Malcolm MacGregor suggested holding a workshop for further review of the project with more definitive plans.
Valerie Massard clarified that the applicant should consider whether to withdraw without prejudice or go forward with its petition to the Zoning Board of Appeals before the Planning Board offers its recommendation.
Loring Tripp moved to continue the review to Monday, May 22, 2006 at 6:30 p.m. at Plymouth North High School if the applicant does not withdraw the petition in order to hold a public workshop; the vote was unanimous (5-0).
BOA 3182 Village Center Phase Review
Atty. Edward Angley presented a definitive site plan review for approval of Phase III of the Colony Place master planned development (BOA # 3182). The plan was entitled plan review is seeking approval of the site plan, landscaping plan, building locations, architectural elements and signage parameters, but would allow for adjustments based on tenant location and specifications.
Chris Jones, Carol R. Johnson Associates, Inc., presented the landscaping plan for the project. All previously installed infrastructure has been designed to accommodate Phase III. This lifestyle center would encourage shopping, dining, meeting people, as well as, sitting and relaxing. The pedestrian zone would have 24Tim Tobin, Carter Burgess Associates, the architects for the project, presented the building designs that vary according to the proposed tenantGary Darmon and Bob Rechner presented the signage details for the front and rear of the buildings.
Loring Tripp moved to recommend approval of the site plan and signage to the Zoning Board of Appeals subject to the following conditions:
The Master Plan Signage permit will require that the associated lighting be consistent with said permit, otherwise a modification of the special permit may be required.
Awning signs in Phase 3 are not permitted without review and approval by the Board of Appeals under the conditions of the Special Permit.
Blade signage shall not exceed that described herein without further review and approval by the Board of Appeals.
Full details for the proposed monument sign and associated lighting shall be submitted for the final approval of the Building Inspector, or by the Board of Appeals if the monument sign is substantially different than that presented in this memorandum, prior to construction.
All architectural signage shall be consistent with the design standards stated herein, or will require further review and approval by the Board of Appeals.
No free-standing signs, other than the monument sign described herein, are permitted through this site plan review of Phase 3. Future review will be required.
All prior conditions remain in full force and effect.
The vote was unanimous (5-0).
Respectfully Submitted,
Peggy Fitzgibbons
Administrative Assistant Approved on: July 10, 2006
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