These minutes are not verbatim – they are the secretary’s interpretation of what took place at the meeting. – Open Meeting Law – Section III.
Board Members: Malcolm MacGregor, Paul McAlduff, Loring Tripp, III, Larry Rosenblum, and Marc Garrett.
Planning Board Alternate: Timothy Grandy
Staff Members: Lee Hartmann, Valerie Massard, and Caroline Quidort
Recording Secretary: Eileen Hawthorne
Form A’s:
A4230 – Map 87, Lots 15, 16, 17A, 18, and 20 – Define boundary lines for lots 15 and 20 and combine lots 16, 17A, and 18 to create lot 18A (13,700 sf)
Larry Rosenblum moved for the clerk to sign the plan; the vote was unanimous (4-0).
Paul McAlduff arrived at 7:05 p.m.
A4231 – Map 132, Lot: Beach Parcel Conveyance Plan – Subdivide into three lots: B655 (11.2A), B656 (2.4A), and B657 (0.8A)
Marc Garrett moved for the Board to take no action; the vote was (4-1) with Malcolm MacGregor in opposition.
Committee Appointments
Land Review Committee
Valerie Massard read the following charge for the newly formed committee:
1. Develop criteria for evaluating best or preferred uses for Tax Title, surplus and un-dedicated town land.
2. Establish a list of possible uses (such as affordable housing, municipal facilities, schools, infrastructure, economic development, conservation, recreation, renewable energy etc.)
3. Create a preliminary ranking of specific Tax Title, surplus and un-dedicated town land based on the criteria, including portions of a larger parcel if appropriate.
4. Establish recommended future/potential uses for land or designate land as surplus to be sold.
5. After the initial review process, the committee will be reactivated from time to time to:
Ø review additional lands identified or lands acquired by the Town as Tax Title, surplus or un-dedicated land; and
Ø provide initial recommendations to various boards and committees, Town departments and Town Meeting with respect to any party’s request to change the use of any Town Land in the future.
The candidates, Robert Bielen, LeBaron Briggs, Aileen S. Chase, John Hammond (withdrew), Allen Hemberger, Robert Pomerene, and Casey Shetterly addressed the Board members as to their wishes to serve on the committee. Jeffrey Chute was not able to attend the meeting.
The Board appointed Robert Bielen and Casey Shetterly as the citizen-at-large members to the Town Land Review Committee.
North Plymouth Steering Committee
Lorraine Souza
The Board appointed Lorraine Souza to the North Plymouth Steering Committee.
Open Space Committee
Allesandra Lanza-Cosgrove
The Board appointed Allesandra Lanza-Cosgrove to the Open Space Committee.
Paul McAlduff moved to appoint Tim Grandy as the Planning Board designee to the Town Land Review Committee; the vote was unanimous (5-0).
Site Plan Review
B437 – Pinehills LLC - Village Green/Fitness Center
John Judge informed the Board that the Pinehill’s recently won a Builder’s Choice Award for the Best Mixed-Use Community. Mr. Judge thanked the Board for their continued support.
Mr. Judge presented a site plan review for a proposed building to be constructed on the Village Green. The plans presented consisted of draft floor plans and conceptual building plans for a proposed retail/restaurant/office building. One portion of the structure would have a stone facade, while the other portion of the building would be similar construction to existing buildings on the Village Green. An open archway area would connect the two portions of the building. A restaurant with an outdoor terrace will occupy one portion of the structure, retail is proposed for the ground floor and a portion of the middle level, with office space on the upper level. Tenants have yet to be established. The building will be built into the grade to take advantage of the topography.
Marc Garrett questioned whether the building would meet the height requirements.
Mr. Judge answered that the building would meet the height requirements of the OSMUD.
B437 – Pinehills LLC - Wrights Tavern
Mr. Judge also presented a site plan for review of conceptual renovations and two additions to the Wright Tavern. A restaurant/catering business would operate on a majority of the first floor with the remainder to be residential. The proposal will have to be submitted to the Mass. Historic Commission for approval of the additions for a refrigeration unit and handicap restrooms. The building’s wiring and heating systems will be updated, the existing fireplaces and chimneys will be restored, windows removed from the side of the structure will be reinstalled on the new additions, and any of the wide pine floor boards that are salvageable will be exposed.
Larry Rosenblum questioned what the impacts to Old Sandwich Road would be.
Mr. Judge stated that there would be no access off Old Sandwich Road; access will be off Old Tavern Trail. The existing grass field will remain untouched and approximately twelve parking spaces will be provided by extending the existing gravel parking lot along the tree line. Landscaping will be kept simple and follow historic guidelines. A vegetable garden may be added on the north side of the property.
Mr. Rosenblum questioned whether there were any provisions for outdoor dining.
Mr. Judge replied that there is a small patio that could allow for limited outdoor seating.
Loring Tripp suggested that period fencing be installed along the parking area to screen vehicles from the road.
Mr. Judge stated they could incorporate fencing into the plan. He also stated that they would like to clean up the brush that has overgrown the stone wall along the rye field.
Public Hearing (cont.)
B540 – Zion Hills VOSD
John Churchill, JC Engineering, reviewed the proposed plans for a Village Open Space Development, consisting of 25 residential lots, four open space lots and road/emergency access layouts. There will be at total of 28 residential units, including two affordable units (two of the residential lots have existing duplex structures). The open space consists of 8.174 acres including drainage easements, emergency access layouts, and a proposed primary disposal system. The road layout has been revised to provide an 18 ft. wide access off Long Pond Road. Additional waivers have been requested for roadway improvements and sidewalk installation on Long Pond Road. The Adequate Facilities Special Permit is being addressed by the installation of a sewerage treatment system to be located within one of the open space
areas. The engineers have reviewed Earth Tech’s comments on the project and feel they will be able to address the issues raised. The revised plan incorporates many of the suggestions presented by the Planning Board and the Cedarville Steering Committee. A connection will be provided at the rear of the site to the Town owned parcel in order to provide a walking trail to the Elmer Raymond Playground area. The applicant proposes to donate $15,000 to the Town to be used towards a traffic study and future roadway improvements of Long Pond Road and to provide an easement to the Town for the future installation of sidewalks along his frontage on Long Pond Road.
Valerie Massard informed the Board that the applicant has been working very closely with staff on a variety of issues, including the adequate facilities special permit and the inclusionary housing. Peer review of the revised sewerage and drainage systems has yet to be completed. The revised request for waivers and the proposed traffic mitigations also need further review. A previous Zoning Board of Appeals (ZBA) decision that granted a variance to create pork chop may limit the ability to further to subdivide. Staff has received several note of concern from the abutters regarding the proposed emergency access/egress.
Jeff Donn, 18 White Violet Lane, voiced is concerns regarding the proposed drainage and runoff, increased traffic on Long Pond Road, and potential trespassing on the abutter’s properties.
Seth Hitchcock, 38 Tananger Rd, requested a buffer zone along the property lines.
Marc Garrett questioned the criteria used for locating the septic system.
Mr. Churchill replied that they tried to site as interior as possible and to utilize a low spot for gravity feed. He said five lots would require a pump system.
Mr. Garrett was concerned with the risk of breakout running toward the homes on Tananger Road.
Mr. Churchill stated that Title V requirements address the breakout issue.
Mr. Garrett questioned the amount of the open space acreage.
Mr. Churchill replied that the open space is just under 40 percent.
Larry Rosenblum suggested that the variance issue should be resolved with ZBA before a recommendation is made.
Atty. Serkey stated that he would request a review by the ZBA prior to their making a decision.
Ms. Massard stated that although some issues are conditionable, a full peer review was not done and there are questions whether the sewerage can be located within the open space and whether the open space shown meets the requirements.
Lee Hartmann suggested that the Board should also consider the density and whether the proposed wastewater treatment system meets the adequate facilities guidelines. Additional discussions with DPW are needed, and the affordable housing and open space issues need to be addressed.
Loring Tripp suggested dropping some of the interior lots in order to reconfigure the road so it does not run along the rear of the abutters properties. Mr. Tripp requested elevations showing the impacts to the abutters and berm and vegetation details.
Mr. Churchill informed the Board that the open space acreage is in excess of the requirements.
Malcolm MacGregor had some concerns with the proposed sewerage system design and maintenance and stormwater management.
Mr. Churchill stated that the sewerage system will have to be approved by the Dept. of Environmental Protection and the Board of Health.
Marc Garrett requested that full size plans be submitted for the Board’s packets along with an inventory of the open space.
Loring Tripp moved to continue the public hearing to November 20, 2006 at 7:15 p.m.; the vote was unanimous (5-0).
The Board took a five-minute break.
BOA 3386 – Kenneth Fosdick
Peter Road/Variance
Marc Garrett recused himself and left the room.
Peter Hale presented the request for a variance in order to construct a single family home on a lot held in contiguous ownership since 1978 on Peter Road. The subdivision was approved in 1973 for a total of 75 residential lots with open space. There are currently 72 single-family homes within the subdivision. Mr. Hale stated that the applicant is also seeking a variance for minimum lot size, frontage, and side yard setbacks and would like to include the drainage easement in the side lot line calculations.
Valerie Massard stated that when the bylaw was adopted in 1979, there was a five year period where owners of contiguous parcels could separate the parcels. Ms. Massard stated that staff is not supportive of the variance.
Atty. Richard Serkey was supportive of the granting of the variance as there are only three lots in the subdivision left that have not been built on.
Peggy McDermott, Peter Road, felt that another house would be detrimental to the neighborhood.
Loring Tripp questioned whether the applicant has been taxed as one or two lots.
Kenneth Fosdick stated that he was unaware that the bylaw had changed and that he has been paying taxes on two lots.
Paul McAlduff moved to recommend denial to the Zoning Board of Appeals; the vote was (3-0-1) with Loring Tripp in abstention.
Marc Garrett returned to the meeting.
Informal Review
Village Landing
Atty. Richard Serkey and Richard and Russell Stefani presented a proposal to convert the second floor office spaces in Village Landing to 12 residential units and to construct a 36’x62’ parking garage with office/storage space above in the existing rear parking lot. The residential units would have sprinkler systems installed and shed dormers would be added. A small connecting structure would be added to the winery building.
Lee Hartmann stated that the Waterfront District encourages mixed use development and this conversion would help to make the commercial more successful. The proposed plan will need to be submitted to the Zoning Board of Appeals for approval.
Atty. Edward Angley felt that the proposed plan was appropriate for the site and encouraged the mixed use.
Loring Tripp felt that the site would be successful with a residential component. He suggested screening the shed and dumpster and adding some trees to the parking lot.
Larry Rosenblum suggested that the space in front of the hotel needed to be improved. He suggested looking at the entire area in regards to landscaping and parking. The area should be treated as a streetscape.
Paul McAlduff questioned whether the residential units would be subject to inclusionary zoning. Mr. McAlduff suggested that the parking in the garage could be controlled through the use of residential stickers.
Atty. Serkey stated that there has already been a meeting with Bruce Arons, Director of Community Development to review the affordable housing component and that they have been working with the Radisson Hotel to address parking issues.
Malcolm MacGregor suggested adding a common area for the residents. He had some concerns about the marketability of the units on the street side.
Marc Garrett was supportive of the mixed use, but also felt that the parking could be incorporated into a landscaped streetscape.
The Board was supportive of the mixed use and looks forward to a formal review of the project.
BOA 3388 – Myer/Bassett
North Walnut Lane
Atty. Edward Angley presented a request for a special permit in order to reconfigure two non-conforming lots into two further non-conforming lots.
Loring Tripp moved to recommend approval to the Zoning Board of Appeals subject to the following conditions:
The site plan should be amended to include the correct locus map information and to make reference to the special permit.
Lots will be restricted from further subdivision.
The vote was unanimous (5-0).
LIP Review
Crane View Place
Loring Tripp recused himself from this review and left the room.
Atty. Edward Angley presented the review of the rehabilitation of three existing duplex units and to construct ten new units (three duplexes and one fourplex), to create a sixteen unit condominium complex, of which four units would be designated as affordable housing with a veterans preference.
Jon Henson reviewed the site plan for the proposed complex at the intersection of Minuteman Lane and Beaver Dam Road. Upon completion, there would be fifteen three bedroom units and one two bedroom unit with a total of 43 parking spaces. There would be access to the site off Minuteman Lane with the egress onto Beaver Dam Road. A bus shelter will be constructed, a walkway system with seating areas and a recreational field will be provided, small retaining walls (18” to 2’) will be erected throughout the site with a 4’-6’ retaining wall at the rear of the site and substantial vegetation and plantings have been proposed. The architecture would consist of traditional materials and form to create a cottage look.
Mark Flaherty, Flaherty & Stefan, Inc., stated that the site would be serviced by Town water and on site septic. A pressure test for adequate fire protection has yet to be completed. The drainage improvements will help to alleviate some of the issues on Beaver Dam Road. The drainage plans have been submitted for peer review.
Atty. Angley stated that a waiver has been requested for density and rear setback requirements.
Valerie Massard stated that there is an MOU that has been negotiated with Community Development regarding the affordable housing component, the Board of Selectmen are supportive, and an eligibility letter has been received from the State
Marc Garrett questioned whether there were any Priority Habitat issues.
Mr. Flaherty stated that this site in not in a Priority Habitat area.
Larry Rosenblum questioned the retaining wall at the rear of the site and suggested moving the buildings away from the wall to provide usable back yard space.
Mr. Henson stated that it was functional with grade requirements and provides a buffer between the John Alden Club and this property.
Valerie Massard stated that the language in the staff report regarding the site drainage would be would be revised before the final site plan review.
Malcolm MacGregor suggested adding plantings to the rear retaining wall would improve the view.
Marc Garrett moved to recommend approval to the Zoning Board of Appeals subject to the following conditions:
Full compliance with the requirements of the Commonwealth of Massachusetts Department of Housing and Development correspondence dated August 22, 2006, letter of determination of site eligibility and preliminary approval under LIP.
Full compliance with the Memorandum of Understanding between the Plymouth Housing Authority and the Petitioner dated June 12, 2006 regarding the LIP program, as amended.
Drainage shall be contained on site to meet the requirements of the Building Inspector and Best Management Practices of the Commonwealth of Massachusetts Department of Environmental Engineering.
Prior to issuance of a building permit, a final landscaping plan, architectural plan and site plan shall be submitted for review by the Planning Board and Design Review Board subject to final approval by the Board of Appeals:
a) Said plan will depict street plantings and entrance landscaping with respect to sight distances on Beaver Dam Road to ensure that adequate visibility is provided (or is at least no less than existing visibility conditions), prior to installation of any landscaping at the site. If visibility easements are required, the plans shall be revised to reflect such easements.
b) Said plan will show utility easements. The petitioner shall convey rights to maintain and repair or own utilities including water lines and hydrant(s), if any, to the Town prior to issuance of a Building Permit.
c) If a trash receptacle is used on the site, it is to be located and screened from the public view.
d) Detail with respect to pavement tie-in to Beaver Dam Road shall be provided, and any existing monuments, street lights, utility poles or other markers shall be shown on the plan in the vicinity of the curb cut closure and re-designed new curb cut. Petitioner shall be responsible for repair or replacement of any such markers as a result of the work subject to this Special Permit.
The driveway network, including drainage structures, located within the proposed project shall remain private.
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.
The vote was unanimous (4-0).
Loring Tripp rejoined the meeting.
Parking Fund Review
Lee Hartmann reviewed a proposal to increase the off street parking fund fee. The parking fund was originally adopted in 1991 and has not been updated in fifteen years. Currently the fees are $950 for new constructions and $540 for building alterations. Staff conducted a study in order to determine a standard rate for construction costs of surface and structured facilities. The median cost for surface parking is $3,840 and the median cost for structured parking is $14,000. Mr. Hartmann recommended that the Board support an increase to the fee for new construction in the range of $6,000 - $8,000 and $4,000-$6,000 for building alterations.
Loring Tripp questioned what has been done with the money collected to date.
Mr. Hartmann replied that the parking fund currently has approximately $145,590 and the average intake is approximately $4,000 annually. The fund paid for the Fort Point Study at a cost of $50,000. Any expenditures from the fund take Board of Selectmen and Finance Committee approval.
Paul McAlduff moved for the Board to recommend adopting the fees of $8,000 for new construction and $6,000 for building alterations.
Loring Tripp cautioned that the increase may drive businesses out of the downtown area.
Larry Rosenblum suggested that structured parking should be viewed as infrastructure. Mr. Rosenblum suggested that the cost of providing a parking structure should be shared between the public and private sectors.
Marc Garrett was concerned that the money is not being used.
Mr. Hartmann explained that the money collected is a small amount when compared to the costs of constructing a garage.
The vote was (3-2) with Loring Tripp and Marc Garrett in opposition.
Minutes:
September 18, 2006
Loring Tripp moved to approve the minutes of September 18, 2006 as presented; the vote was unanimous (5-0).
Administrative:
B479 – Robert J. Way – Endorsement
Paul McAlduff moved to endorse the modification to the subdivision plan for B479 – Robert J. Way; the vote was unanimous (5-0).
Paul McAlduff moved to adjourn at 11:00 p.m.; the vote was unanimous (5-0).
Respectfully Submitted,
Eileen M. Hawthorne Approved: October 30, 2006
Administrative Assistant
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