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: Paul McAlduff, Loring Tripp, III, Larry Rosenblum, and Marc Garrett.
Planning Board Alternate: Timothy Grandy
Staff Members: Valerie Massard and Caroline Quidort
Recording Secretary: Eileen Hawthorne
Form A’s:
A4237 – Map 95, Lot 36-4A (0.76A) and 36-6A (0.57A), South Meadow Road/Harvard Drive – Subdivide a portion of lot 36-4A to create lot 36-4C (7,889 sq. ft.) with a lot line adjustment between the remainder of lot 36-4A and lot 36-6A to create lots 36-4B (0.57A) and 36-6B (0.57A)
Valerie Massard informed the Board that the Engineer has agreed to make a minor adjustment in order to meet the lot width requirement on a major street before the Board could sign the plan. Ms. Massard suggested that the Board could approve the plan but wait to endorse until the corrections are made.
Larry Rosenblum moved for the clerk to sign the plan once the adjustments have been made; the vote was unanimous (4-0).
A4238 – Unregistered and Land Court – Black Cat Road – Lot line adjustments to create Lots 32A (14,148 sf) and 33B (28,197 sf)
Loring Tripp moved for the clerk to sign the plans to be recorded at the Registry of Deeds and Land Court; the votes were (3-0-1) with Marc Garrett in abstention.
BOA 3394 – Rokicki
West Long Pond Road/SP waive side setbacks & enlarge a non-conforming structure
Randy Parker, Land Management Systems, Inc., presented the petition for a special permit to waive or reduce the side setback requirements and to enlarge a non-conforming structure in order to construct a 26’x30’ attached garage next to an existing single family dwelling. The petitioner has contacted his neighbors who have no objection.
Edward Rokicki presented pictures to the Board of the proposed garage.
Caroline Quidort presented the staff report.
Loring Tripp moved to recommend approval to the Zoning Board of Appeals subject to the following conditions:
Architecture of the garage should be in keeping with the surrounding neighborhood and existing dwelling, and shall not exceed the height requirements of the zone.
The loft above the garage bays shall not be converted into a dwelling or living space.
The vote was unanimous (4-0).
BOA 3182 - Colony Place
Informal Review - Black Angus Steak House
Atty. Edward Angley presented the site plan for the proposed Black Angus Steakhouse in the new village area of Colony Place. The restaurant would be a single story building of approximately 6,817 sq. ft. Sufficient parking has been provided through the master plan of Colony Place. Signage is proposed on three sides of the building. The service area will be shared with an adjacent structure and will be enclosed with an 8-ft. screen wall and fencing, which will be constructed by the landlord rather than the tenant.
Valerie Massard distributed an updated staff report. The Design Review Board and Board of Appeals will be reviewing the site plan on December 13, 2006.
Loring Tripp moved for the Board to recommend to the Zoning Board of Appeals that the site plan for the above-referenced phase of the Colony Place project will comply with the requirements of the Zoning Bylaw and Special Permits subject to the following conditions:
Compliance with ADA requirements must be documented.
Any lighting is to comply with the Light Pollution Bylaw and the master plan for signage per the special permit for this project (BOA #3306). No internally lit signs are permitted.
Materials for the proposed fence/enclosure of service yard shall be in keeping with the architecture of this building, the abutting structure’s architecture and the architectural elements of this Phase 3 of Colony Place.
All existing special permit conditions governing the project remain in full force and effect.
The vote was unanimous (4-0).
Discussion – Richard Withington
TDR – R40 Zoning Bylaw Amendment
Richard Withington presented a proposed petition for Town Meeting to amend the Zoning Bylaw regarding Transfer of Development Rights to allow development rights to be transferred out of the Large Lot Residential (R-40). Currently the bylaw allows for a transfer of development rights from the RR District to another area within the RR District or to the R-40 District
Valerie Massard handed out a map which showed the R-40 Districts. Ms. Massard stated the warrant for the Annual Town Meeting is closed, but the article could be included in the Special Town Meeting warrant if enough signatures were collected.
Loring Tripp felt that to allow the development rights to be transferred from R-40 to RR would be the opposite of what the bylaw intends. He was supportive of transferring from RR to R-40 or from R-40 to R-40.
Larry Rosenblum had the same reaction.
Valerie Massard stated that staff would be supportive of transferring within the R-40 zone.
Paul McAlduff suggested that Mr. Withington collect the signatures to allow the proposed article to be placed on the Special Town Meeting warrant.
Site Plan Review
Pilgrim Hall Museum
Mark Flaherty, Flaherty & Stefani, Inc., reviewed the proposal to construct a two story addition of approximately 4,300 sq. ft. The curb cut on Court Street would be reconfigured to allow for entrance only off Court Street and ingress and egress off Chilton Street. The project meets zoning setback requirements. The on-site, 10-year storm drainage system is currently under review with the Town’s engineering department. The lighting proposed will meet the dark sky bylaw provisions. Parking spaces will be increased from 33 to 37 spaces with nine spaces supplemented through a payment to the parking fund.
Christopher Hussey stated that the new addition and proposed renovations will provide handicapped access in accordance with ADA. The new addition will include air conditioning, new handicap accessible bathrooms, and additional exhibit space for temporary exhibits and Town of Plymouth exhibits.
Valerie Massard stated that staff is supportive of the proposal. There will be less curb cuts on a major street and additional green space will be provided. The funding from this project is being provided in part from Federal and State grants and Community Preservation funds
Larry Rosenblum questioned where the next phase of expansion would be. Mr. Rosenblum suggested that things could be done architecturally and with creative landscaping to enhance the building.
Mr. Hussey replied that it would be in the green area.
Loring Tripp asked about the roof mechanicals and whether any of the parking would be used by the existing residential units. Mr. Tripp suggested that the applicant request that the Board of Selectmen waive the parking fees as this project is vital to the redevelopment of downtown.
Mr. Hussey stated that a small tower would be constructed over the elevator for ventilation and four compressors would be installed near the rear of the roof. The proposed material for the block wall would be a manufactured limestone.
Mark Flaherty stated that the residential parking was included in the parking calculations.
Paul McAlduff and Larry Rosenblum were supportive of the waiver of parking fees.
Loring Tripp moved for the Board to notify the Building Commissioner that the site plan complies with the minimum requirements of the zoning bylaw after the following issues are addressed:
Final landscaping plans are to be submitted for review by the Planning Board prior to issuance of an Occupancy Permit on the addition. The landscaping plans should strengthen the street line along Court Street, providing trees and a sense of intimacy without blocking the view of the addition; rather, working with shadow patterns and framing of views to add emphasis to the site.
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 Bylaw and the approved site plan.
A Registered Landscape Architect, or other qualified licensed professional, must certify to the Building Commissioner, prior to the issuance of a final certificate of occupancy, that the required landscaping has been installed in accordance with: Approved Site Plan, Zoning Bylaw, Acceptable landscape practices.
The applicant must document compliance with Plymouth's Light Pollution Bylaw, and lights should not exceed twelve (12) feet in height.
The project must comply with requirements of the Sewer Department. The Planning Board supports a waiver of parking and sewer fees for this project.
Compliance with ADA requirements must be documented.
Signs will comply with the zoning bylaw or further review will be required.
Historic District Commission approvals are required for any work under its purview.
Additionally:
Rooftop mechanicals shall be screened so that they are not visible from Court Street (the front of the building), as described and agreed to by the applicant at the Planning Board meeting.
Architectural details described as incorporated into the plans by the applicant at the Planning Board meeting, which introduce rough and smooth courses of limestone to the blank building façade, are supported by the Planning Board and should be reflected in the final architectural details for the building.
The vote was unanimous (4-0).
Appointment
B474 – Wadsworth Estates
Atty. Robert Betters, reviewed a proposal that was submitted to staff to have the Board re-endorse the plans and covenants for B474 – Wadsworth Estates prior to the re-filing of the Adequate Facilities Special Permit which has expired. The proponent has already agreed to provide an existing conditions plan to the Board. Through a Board of Appeals decision (#3049) a performance guarantee of $100,000 has been provided to assure completion of the site work and re-vegetation of the site. Materials have been brought to the site for the construction of the subdivision roads.
Valerie Massard stated that staff feels that the Adequate Facilities Special Permit should be filed/reviewed prior to the re-endorsement of the subdivision plans and covenant for recording, as requested by the proponent. Another option is for the Board to find that the subdivision plan has expired as it was never recorded. Ms. Massard stated that staff is trying to work with the applicant to move forward and set timelines. Ms. Massard emphasized that the applicant should submit the existing conditions plan and refile the Adequate Facilities Special Permit before the Board re-endorses the subdivision plans and covenant.
Larry Rosenblum was supportive of staff’s recommendation. He stated that if the community supported the subdivision in the past, there should not be an issue.
Loring Tripp felt that the Board should not make it overly cumbersome to extend the timelines for the developer.
Marc Garrett questioned why the applicant was opposed to filing the Adequate Facilities Special Permit prior to the re-endorsement of the plans and covenant.
Atty. Betters stated that if his client has to go through the public hearing process for the special permit, they would like to limit the subdivision from being subject to changes in the bylaw. The special permit would be regarding traffic only and a definitive traffic study has been done. The reason his client has not proceeded with the subdivision is the market.
Loring Tripp was supportive of an extension of the subdivision plan and a re-submission of the special permit.
Marc Garrett asked what staff’s concern was.
Ms. Massard replied that the subdivision plan was endorsed but not recorded and the special permit has expired. Staff does not support the proponent’s assertion that the special permit was ever substantially exercised. Staff is not asking that the proponent modify the subdivision plan or try to construct it within two years, but does want to establish a timeline.
Paul McAlduff was supportive of staff’s recommendation.
Atty. Betters reiterated that they would re-file for the special permit, but would like to have the plans and covenant re-endorsed prior to the special permit filing to protect the proponent.
Valerie Massard suggested that the Board could agree that the subdivision would not require a modification, and asked the proponent if there was another alternative.
Atty. Betters suggested that the subdivision plans and covenant could be re-endorsed and held by the Board until after the special permit has been granted.
Loring Tripp moved for the Board to re-endorsed the subdivision plans and covenant for staff to hold the documents until the Adequate Facilities Special Permit is granted; the vote was unanimous (4-0).
Minutes:
November 6, 2006
Loring Tripp moved to accept the minutes of November 6, 2006 as presented; the vote was unanimous (4-0).
November 20, 2006
Marc Garrett moved to approve the minutes of November 20, 2006 as presented; the vote was (3-0-1) with Loring Tripp in abstention.
Other Business:
B296 – Ponds at Plymouth – Lunn’s Way Entrance
Administrative:
B296 – Ponds at Plymouth – Phases 0-4 & 5-8
Valerie Massard presented the requests for bond reductions for the Ponds at Plymouth for work completed and suggested no less than $282,930 should be retained for all Phases (0-8):
Loring Tripp moved for the Board to reduce the bonds held to $400,000; the vote was unanimous (4-0).
Valerie Massard presented a proposal to send a letter to three residents on Zion Place where a street light has not been installed. The letter would offer funding in the amount of $1,000 per individual lot (unless costs are demonstrated to be higher, but not to exceed $5,000) for the residents to install photo sensitive lights in lieu of the street light upon presentation of receipts to be paid by Pulte Homes. If the photo sensitive lights are not installed in a timely fashion (one year), the offer would be rescinded.
Mr. Tripp questioned how many street lights there are in the development and who pays for the electricity.
Ms. Massard replied that there are several dozen street lights, but with no homeowners association, the electric bills are being paid by Pulte Homes. LeBlanc Homes retains ownership of the roads and would like the Town to take the roads.
Paul McAlduff stated that the lights cost approximately nine dollars a month per each street light and that the residents have been unsuccessful in forming a homeowner’s association. One of the residents have added the cost of the street light to his own electric bill.
Larry Rosenblum moved for staff to send a letter to the three residents on Zion Place regarding the offer for the proposed funding of the installation of the photo sensitive lights in lieu of the street light (not to exceed $5,000); the vote was unanimous (4-0).
Ms. Massard presented the proposed plans for the installation of an entrance sign at the intersection of Lunn’s Way and Long Pond Road in the Lunn’s Way roadway layout which is owned by LeBlanc Homes. The sign would be similar to the one installed at the Lunn’s Way and Bourne Road intersection. Ms. Massard has suggested that the plans should be presented to LeBlanc Homes to ask permission to allow the construction in the road layout.
The Board was supportive of the proposed plan.
B538 – Ouellette, Long Pond Road – Lot Review
Ms. Massard presented a request by the Ouellette family to have the open space on their approved VOSD plan retained by the owners instead of being held by the Town.
The Board was not supportive of the requested change to their approval of the VOSD plan.
Ms. Massard stated that she would inform the applicant of the Board’s position to see if the applicant wished to move forward with the endorsement of the plan and covenant.
Loring Tripp moved to adjourn at 9:15 p.m.; the vote was unanimous (4-0).
Respectfully Submitted,
Eileen M. Hawthorne Approved: December 18, 2006
Administrative Assistant
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