Planning Board Meeting
November 20, 2006
Minutes
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, Larry Rosenblum, and Marc Garrett.
Planning Board Alternate: Timothy Grandy
Staff Members: Lee Hartmann, Valerie Massard, and Caroline Quidort
Recording Secretary: Eileen Hawthorne
Presentation – Design Guidelines
Village Center TDR Receiving Districts
Ben Carlsen, Goody Clancy, presented the draft design guidelines for receiving areas for a Transfer of Development Rights (TDR). The guidelines would apply to small projects (6 acres or less) and large projects (more than 6 acres). Twenty-five percent of the site would be permanently protected open space with building height and setback requirements as defined in the zoning bylaw.
Site design would include common open space that contains natural feature and recreational areas (in larger projects a public green would be required), public streets and access that incorporate existing streets, a mixture of parking areas including on-street parking spaces, off-street parking spaces with screening, and garages (when possible facing away from the street). The total maximum gross floor area for any single structure will be 24,000 sq. ft. for a small project and 100,000 sq. ft. for a large project. Building types will consist of mixed use (commercial & residential), a mixture of residential unit types (single family through multi-family), commercial structures and public buildings. Specific guidelines have been included that define the dimensional and setback requirements for each type of building.
The architecture of the buildings will be consistent with coastal New England structures. Pitched roofs will be used wherever possible with flat roofs having a gabled façades fronting on a public way. Façade materials will include wood clapboards and shingles (with some approved facsimiles of wood permitted) for most residential structures and stone, brick and stucco for commercial, public and larger residential structures. Colors must be pre-approved by the Planning Board. Specific guidelines have been included for doors and entryways as well as windows and bay projections. All development shall be energy efficient. Landscaping plans must be done by a licensed professional, use native plant materials, include minimal planting requirements and street trees.
Lee Hartmann stated that an incremental approach has been used in the drafting of the design guidelines and the TDR bylaw; the concept has been introduced and education of the Boards, Steering Committees and public has begun. Cedarville, Manomet and West Plymouth have sites that are being considered as receiving areas of the TDR into village centers.
The Board postponed discussion of the presentation until later in the meeting.
Public Hearing (cont.) - B541 – Atlantic Point
Lee Hartmann informed the Board that Mr. Tripp would not be voting on this case.
Atty Larry Winokur handed the Board a request to withdraw without prejudice the subdivision plan for B541 – Atlantic Point.
Marc Garrett moved for the Board to allow a withdrawal without prejudice for B541- Atlantic Point; the vote was unanimous (4-0).
Public Hearing (cont.) - B540 – Zion Hills VOSD
Atty. Richard Serkey requested that the public hearing be continued to December 18, 2006 so a full Board could be present.
Paul McAlduff moved to continue the public hearing for B540 – Zion Hills to December 18, 2006 at 7:15 p.m.; the vote was unanimous (4-0).
Appointment – Atty. L. Winokur - Cherry St. – Rezone from LI to MC
Atty. Winokur presented a proposed petition for Spring Town Meeting to rezone approximately 16 acres of land located off Cherry Street from Light Industrial to Mixed Commerce. The property currently consists of residences, a junk yard and auto repair facility. A changed to mixed commerce would allow for more retail options as well as industrial uses. The site would be cleaned prior to any development. Sewer and water are available in the area, a traffic study for the area is to be done soon. Atty. Winokur felt that the proposed rezoning of this area was consistent with the rezoning of the Waterhouse LLC property. Atty. Winokur requested the Board’s support of the petition proposed for Spring Town Meeting.
Lee Hartmann stated that this was an informal presentation of the proposed article which will require a public hearing.
Larry Rosenblum was supportive of the proposal, but suggested a more comprehensive study of the area.
Paul McAlduff was in favor of the proposed change as the cleanup would be an improvement to the site. Mr. McAlduff suggested that landscaping should incorporate screening of the wall at the Concord Electric site. Marc Garrett was concerned with the amount of retail in the area and that incremental zoning changes do not take into consideration the limited infrastructure and support services.
Form A’s:
A4236 – Map 88, Lot 26F (41.49A) and Lot 29 (19745 sf), Boot Pond Road – combine a portion of Lot 26F with Lot 29 to create Lot 29-1 (33,330 sf); subdivide a portion of Lot 26F to create Lot 26I (134545 sf); remainder of lot 26F to become Lot 26H (38.019A)
Paul McAlduff moved for the clerk to sign the plan; the vote was unanimous (4-0).
A4235 – Map 95, Lot 1-3 (34.1A) and Map 97, Lot 6-4 (72.0A), South Meadow Road – Subdivide a portion of lot 1-3 to create Lot 6-6 (1.81A); Combine a portions of Lots 1-3 and 6-4 to create lot 6-5 (1.81A)with remainder of Lot 1-3 to become Lot 1-4 (31.4A) and remainder of Lot 6-4 to become 6-7 (71.0A)
Paul McAlduff moved for the clerk to sign the plan; the vote was unanimous (4-0).
BOA 3393 – Robinson Lake Road – Special Permit to waive front setback requirements
Caroline Quidort presented a request for a special permit in order to waive the front setback requirements to construct a 24’x40’ barn on property located on Assessors Map 62, shown as lot 5-1. The property has an existing single family home with two sheds.
The Board felt that there were other locations on the 2.25 acre site that would be more appropriate for the structure that would not encroach upon the setback requirements.
Paul McAlduff moved to recommend denial to the Zoning Board of Appeals for the following reasons:
A request to reduce the front setback by 52.5 feet is excessive.
The proposed use, a barn, is appropriate within the RR zone but not the specific site in question. The intent of the RR Zone is to preserve the natural, rural character of presently rural areas of the Town. The proposed barn would not negatively affect the rural character of the neighborhood. However, given the size of the lot there are alternative locations for the proposed barn that would not require a reduction of the minimum requirements for setbacks.
Adequate and appropriate facilities serve the existing area and are in place for the proper operation of the proposed structure.
If future improvements are made to the existing road the setback would be further reduced thereby increasing the hazard to pedestrians and vehicles.
The construction of the structure would be a nuisance and/or have an adverse effect on the neighborhood. The proposed setback is not adequate. Given the acreage of the lot there are other possible locations for the proposed structure that would not require a waiver of setbacks.
The vote was unanimous (4-0).
BOA 3391 - Franklin Marsh (cont.)
Off Plymouth St/SP earth removal for cranberry bog
Atty. Edward Angley informed the Board that the applicant has agreed to contribute $25,000 toward road improvements and to restrict a portion of the land (area to be determined) from residential construction. The Conservation Commission has been notified of the project which is part of an approved Farm Plan per USDA requirements.
Bill Madden, GAF Engineering, Inc. explained that the general areas being considered for the restriction of residential construction were adjacent to the Plymouth/Kingston town line, near Darby Bog and another area in the center of the site where there are some existing wetland systems and uplands. The restricted area would be on a 1:1 ratio with the area disturbed to create the tailwater ponds. Mr. Madden requested that the restricted areas still be available for agricultural use.
Paul McAlduff moved to recommend approval to the Zoning Board of Appeals subject to the following conditions:
The Petitioner has agreed to offer a gift of $25,000 for the future improvements/maintenance of Plymouth Street and/or Carver Road, to be made within 30 days of effective date of Special Permit. Payment to be accepted by the Board of Selectmen on behalf of the Town.
PRIOR TO COMMENCEMENT OF EXCAVATION ON THE SITE:
The Petitioner has agreed to change the plans to adjust the northerly bank of the Darby Bog proposed tailwater pond to a 2:1 slope to bring a larger buffer into play along the rear of the Kingston residences to the north.
The Petitioner has agreed to a condition that excavation be done to base elevation of top of bank of proposed tailwater reservoirs, with stabilization of slopes, preferably in the fall, prior to excavating the remainder of the actual reservoirs. This shall be noted on the plans.
A construction-phasing plan acceptable to the Zoning Board of Appeals must be filed prior to the issuance of a zoning permit.
Conservation Commission approval is required for all work under its purview.
The petitioner shall post a performance guarantee to assure completion of the earth removal. Funds are to be posted in a form acceptable to the Building Commissioner to cover the cost of establishing vegetative stabilization of the exposed areas.
The proponent should be required to post a bond sufficient to ensure that any damage caused to Town roadways will be repaired.
Erosion control measures are to be detailed on a final plan to be submitted to the Building Commissioner. Any exposed banks created by the excavation should be hydro-seeded or otherwise stabilized in a manner acceptable to the Building Commissioner and maintained for three years.
The proposed truck route shall be approved by the Board of Appeals.
Signage designed to warn motorists that trucks are entering and exiting the site should be posted at appropriate locations on roadways that will be affected, if requested by the Fire Department/Police Department, as approved by the Board of Appeals.
A plan for dust suppression measures shall be submitted to the Building Commissioner for final approval, and shall include, if deemed required, a minimum of 100 feet of bituminous asphalt material on the access road at the intersection with the public roadway being used for ingress/egress to the site, with 50 feet of coarse aggregate material beyond the asphalt on the access road, as well as watering of the roadway as a dust suppression measure.
DURING CONSTRUCTION ACTIVITIES:
A limit of 40 truck trips per day shall be imposed.
The excavation and trucking of material and/or noise generated by the excavation and trucking of material shall be limited to Monday through Friday. The hours of operation shall be limited to 7:00 AM to 4:00 PM. No excavation activities shall be permitted on holidays.
Best management practices and integrated pest management practices are required on the tailwater recovery ponds constructed under this permit.
The proponent shall loam and seed any portions of the site that are not under construction after earth removal activities have ceased for a period of six (6) months.
Proposed side slopes shall be at a grade of 3:1 or 2:1 with erosion control measures in place.
The petitioner shall be responsible for the clearing of any sand that accumulates on the truck route as a result of the excavation of material on a daily basis.
Monthly statements are to be submitted to the Building Commissioner, signed and stamped by a Registered Professional Engineer stating that the conditions of the Special Permit are being followed, and providing tallies of earth removal to accurately determine the amount of gravel being removed. The Petitioner has agreed that truck volume calculations are to be based on “at bank face” calculations.
If all of the above noted conditions are not adhered to the Building Commissioner may cause all excavation work to cease until the problems identified are corrected.
The vote was (3-1) with Malcolm MacGregor in opposition.
BOA 3392 – Eastport Bayside LLC - Caswell Lane – Modify Special Permit
Atty. Edward Angley presented a request to modify a special permit in order to construct a five unit attached residential condominium project in an unused, overgrown parking lot at 31 Caswell Lane. The parking lot is part of the 225 Water Street complex. Atty. Angley stated that the plans have been presented to the Plymouth Center Steering, the Design Review Board, and the neighbors who were supportive with some minor concerns.
Ed Fuller reviewed the site plan and presented photographs of the unused parking lot. The entire site is a combination of three parcels and consists of approximately 4.36 acres. One parcel on Water Street has a commercial structure with many tenants, one parcel is on the west side of Water Street and is currently an unused parking lot with a dilapidated building and this parcel is a vacant parking lot on Caswell Lane. The special permit would remove the parking designation and allow for construction. Changes that have been made to the conceptual plans that the Board reviewed on June 12, 2006 include: a redesign of the driveways to allow for turnaround in each driveway; if allowed by DPW cleaning up the drainage swale and replacing the existing chain link fence along the playground area with an iron picket fence
with gates and a retaining wall; and installation of private patios for each unit. The buildings would be constructed of all natural materials including wood shingles with wood trim. Adequate facilities exist: Town water and sewer and the drainage would be improved.
Michael Price, Eastport Bayside LLC, stated that the project would utilize a vacant piece of land that is an eyesore, is consistent with the goals for the waterfront district, the architecture fits in with the neighborhood, and the proposed density is required in order to provide a level of quality.
Marc Garrett was concerned that the green space had been reduced from the previous presentations by increasing the driveways to provide additional parking spaces.
Larry Rosenblum was concerned with traffic backing out onto Caswell Lane and suggested moving the access to the parking lot on the opposite side of the street to create more of a private driveway feel and installing motion sensors or signal lights for cars backing out. He also was concerned with pedestrian access to the waterfront along Caswell Lane.
Ed Fuller stated that there would be a sidewalk in front of the units.
Malcolm MacGregor asked for clarification of the drainage and how the 100 year flood elevation would be addressed. He also stated that the fence is critical to tying this project together with the pubic space.
Karen McSweeney, Beals and Thomas, replied that the drainage plan reduces the runoff in storm events: roof fun off will be directed to infiltrated, subsurface chambers and the plan shows a reduction in impervious cover. The existing drainage swale is on both the Town property and this site and will require DPW approval for any changes.
Ed Fuller stated that the property is above the 12’ flood elevation on the new flood maps and the basement elevation would be a foot above that.
Mr. Price stated that the condos would be marketed in the $600,000 to $700,000 range.
Larry Rosenblum suggested that the landscaping should be kept low for sight lines.
Paul McAlduff moved to recommend approval of the modification of the special permits to the Zoning Board of Appeals subject to the following conditions:
The structure(s) shall not exceed 35 feet in height.
The fencing between the subject property and Nelson Field, if replaced, shall consist of black powder-coated aluminum material as agreed to by the Petitioner. The Petitioner shall meet with DPW to evaluate whether this fencing can be replaced, and whether the proposed improvements to the existing mutually-owned drainage swale can be accomplished prior to, or within 90 days of, the effective date of this special permit, and shall report to the Board of Appeals the outcome of those discussions prior to issuance of a Certificate of Occupancy.
The architecture and landscaping shall be in conformance with the materials presented with the Petition. Any changes deemed substantially different by the Building Inspector shall be presented to the Board of Appeals for approval prior to construction or installation.
Traditional wood siding material shall be used. Wood siding is more in keeping with the neighborhood. Alternatives such as “hardy plank” or other acceptable alternatives to wood may be used conditional on said materials having been presented for approval by the Planning Board and the Board of Appeals in advance.
The proposed drainage system shall be in compliance with the Town Building Inspector’s accepted practices and in compliance with the Zoning Bylaw.
All site lighting is to comply with the Light Pollution Bylaw. Light poles should not exceed twelve (12) feet in height.
The proposed decks/patios shall not be enclosed without further review by the Board of Appeals.
The project may be subject to the purview of the Conservation Commission. 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.
Prior to issuance of an Occupancy Permit for any of the units at the site a Condominium Association shall be created and incorporate annual assessment for roadway maintenance, snow plowing, landscaping, and other areas of common interest and concern. The Condominium Association shall also provide a maintenance program for drainage facilities and appurtenances, open space, parking and common drive/emergency access areas within the property to be maintained by the condominium association, which shall be detailed in the condominium association documents for the Condominium property.
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 (3-1) with Marc Garret in opposition.
The Board took a five minute recess.
Presentation - AD Makepeace Update
Judy Kohn, A.D. Makepeace Company, presented an update of the overall master plan for the Makepeace property in the southern portion of Plymouth. They have filed an ENF with MEPA and received their certificate and are currently working with DEP and Natural Heritage for moth mitigation before filing their Environmental Impact Statement. The maps presented detailed some of the potentially buildable areas.
Tom Berkeley identified the Phase One area which has been relocated from the southern portion of the property to an area where there is existing infrastructure. This area would consist of 65 homes and be close to the intersection of Bourne and Wareham Roads. A village green is proposed for the Bourne Rd. connector area. They are in the process of identifying the type of residential mix for the approximately 1,000 homes and the mixed commercial area. Mr. Berkley stated that they have been working through the State permitting process and then will be working with the Town departments, neighborhoods, community and conservation groups to further develop the master plan. Their goals is to file with the Town for the first neighborhood in late December or early January, 2007.
Lee Hartmann stated that the project would consist of approximately 1,600 acres of open space with the development of 400 acres at a density of one unit per three acres. They could have up to 1,000 units based on the TDR sliding scale that allows for an increase in units if the bedroom counts decreases. Details regarding the infrastructure and access have yet to be determined
Paul Hapgood asked for clarification of the first neighborhood and the access. He also questioned how the southern portion of the project would be accessed.
Mr. Berkley replied that the entrance would be approximately 1,000 ft. from Bourne Road. A traffic study is now in progress for the Bourne Road area. The southern access could be through Glen Charlie Road and White Island Road.
Bill Abbott asked about the traffic movement on Bourne Road and Halfway Pond Road. Mr. Abbott felt that the number of homes should be determined based on the access.
Mr. Berkley stated that all traffic flow and mitigation would be determined once the traffic study is completed.
Ed Russell asked what the future plans were for the Agawam River corridor and other Makepeace properties.
Ms. Kohn responded that the area along Agawam River corridor would be surrounded by open space and there is a question as to whether the bogs would remain in production or be replicated elsewhere. There is also a possibility of an open space land swap with the Boy Scouts who own adjacent property.
Robert Bielen asked what type of fire protection is planned.
Mr. Berkley replied that they have met with the Fire Chief and have planned a series of mitigations including dry hydrants and cisterns with back up systems. The development will meet all fire codes.
Marc Garrett questioned whether they were working with Natural Heritage for a draft management concept.
Ms. Kohn replied that they had not, they are still working through the conceptual plan for mitigation areas. They have reviewed setting up a fund for the maintenance of conservation areas.
Malcolm MacGregor suggested they make every effort to create a canoeing and hiking system along the Agawam River corridor.
Ms. Kohn stated that significant permits would be required to move forward.
Site Plan Review
AD Makepeace – TDR Halfway Pond East
Larry Rosenblum recused himself from this review as he is an abutter to the Halfway Pond East area and moved to the audience.
Tom Berkley informed the Board that AD Makepeace has submitted the appraisal for a proposed 54 lot site plan in the Halfway Pond East area. Their goal is to preserve both the Halfway Pond East and West areas by utilizing the TDR bylaw. Makepeace would like to create 54 TDR certificates in the Halfway Pond East area.
Valerie Massard explained that this appraisal would establish a protocol for how to look at other more complicated areas. The number of TDR certificates is based on a 1:1 ratio which evolved from the appraisal on the site. The Assessors have reviewed and accepted the ratio and the appraisal which is based on the previous years value.
Malcolm MacGregor requested an explanation as to what one of the certificates would buy.
Ms. Massard explained that (1) staff has reviewed the plan and it conforms to zoning/subdivision requirements and (2) if the Planning Board accepts the appraisal, they would create 54 certificates that could be transferred at a future time. The landing of the certificates would be done through a special permit process and could be done do through a TRVD or RDD or the development rights could be sold.
Lee Hartmann stated that the TDR bylaw was designed to have a value equation process which could protect a large amount of acreage. Makepeace will need to come back with a phased plan for the development rights.
Mark Primack, Wildlands Trust, asked if the certificates would all be landed at the same time and whether the intent is to land the certificates in the Agawam area.
Ms. Massard stated that nothing could be landed until the MEPA process is completed and further Planning Board action, such as a special permit, took place.
Mr. Berkley stated that there intent is to establish a yield before they determine where and when they would utilize the TDR.
Mr. Hartmann stated that the certificates could be sold and transferred to properties not under Makepeace ownership.
Casey Shetterly asked if they would purchase land in addition to what they already own in order to land the TDR certificates.
Mr. Berkley replied that it was not their intention to purchase more land at this time.
Peggy Briggs questioned whether there would be a conservation restriction place on the property that generates the TDR certificates.
Mr. Hartmann replied that the land would have a conservation restriction.
Ms. Massard stated that the land could be used for the construction and operation of a bog.
Ms. Kohn stated that the conservation restriction would have to be consistent with the Town’s requirements, the conservation group that would hold the restriction as well as Natural Heritage.
Ms. Briggs asked if there was an e-mail link that the community could access for information.
Mr. Primack questioned when the conservation restriction gets placed on the property.
Malcolm MacGregor stated that the restriction would be done after the certificates have been landed.
Paul McAlduff moved to approve the site plan and appraisal as presented for the Transfer of Development Rights in order to create the 54 certificates; the vote was unanimous (3-0).
Discussion – Design Guidelines - Village Center TDR Receiving Districts
Lee Hartmann asked if the Board had any comments. He would like to present the guidelines to each of the Steering Committees for their input.
Marc Garrett was supportive of the guidelines as presented and suggested that they be presented to the pilot neighborhoods for their comments.
Paul McAlduff was supportive and hoped that the guidelines would be well received.
Larry Rosenblum was concerned that the guidelines presumed that the landing areas would be more suitable for New England architecture.
Mr. Hartmann stated that the Board would have to look at each project individually to determine what type of architecture would be appropriate. The sites currently being considered are in Cedarville, Manomet, and West Plymouth. Mr. Hartmann stated that the proposed guidelines would be a good tool for working with developers to achieve a project that fits in with the community.
The Board authorized staff to initiate conversations wit the West Plymouth, Manomet, and Cedarville Steering Committees.
Minutes:
October 30, 2006
Paul McAlduff moved to approve the minutes of October 30, 2006 as presented; the vote was unanimous (4-0).
Other Business:
Town Land Review Committee
Lee Hartmann informed the Board that the Board of Selectmen has requested a meeting regarding the Town Land Review Committee. Mr. Hartmann will meet with Board of Selectmen and report back to the Board.
BOA 3262 – McKay Street – Review of Plan
Valerie Massard presented a copy of a memo to the Zoning Board of Appeals from the Engineering Department that addresses a condition of the special permit that was granted for BOA Case No. 3262. The Engineering Dept. reviewed the road drainage plan which had been revised to address concerns with the inadequate drainage on the original plan. Ms. Massard indicated that the revised drainage plans were acceptable.
Marc Garrett moved to approve based on staff’s comments; the vote was unanimous (4-0).
Administrative:
B507– Preserve at Halfway Pond II – Bond Reduction
Valerie Massard presented a request for a bond reduction for work completed in the Preserve at Halfway Pond II subdivision. The request was to release all but $5,000 which will be held until the final loam and seeding has been completed.
Paul McAlduff moved to reduce the bond to $5,000 to be held for the final loam and seeding; the vote was unanimous (4-0).
B437 – Pinehills LLC Golf Drive
Valerie Massard presented a release for Lot 10-414 in the Pinehills Development for the construction of a recreational building.
Marc Garrett moved to release lot 10-414; the vote was unanimous (4-0).
B519 – Lighthouse Cove – Plan and Covenant Endorsement
Valerie Massard presented the B519 – Lighthouse Cove subdivision plan and covenant for endorsement. The subdivision plan creates two lots and an entrance road and was filed in order to freeze zoning for the project.
Paul McAlduff moved to endorse the B519 – Lighthouse Cove plan and enter into covenant; the vote was unanimous (4-0).
A4234 – Map 132, Lots G-1, G-3 (8221 sf) & G-274A-1 (71264 sf), Saquish (Gurnet) – Combine a portion of Lot G-274A-1 with Lots G-1 and G-3 to create Lot G-278 (20, 136 sf) with remainder to become Lot G-274A-6 (59,349 sf)
Marc Garrett moved for the clerk to sign the plan; the vote was unanimous (4-0).
Paul McAlduff moved to adjourn at 10:50 p.m.; the vote was unanimous (4-0).
Respectfully Submitted,
Eileen M. Hawthorne Approved: December 4, 2006
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