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:
A4242 – Oak Ridge Road (B533), Map 30, Lot 74 – subdivide to create lots 74-1 and 74-2
Larry Rosenblum moved for the clerk to sign the plan; the vote was (4-0-1) with Loring Tripp in abstention.
A4240 – Map 51, Lot 12B a.k.a. 12D (35A) and 12-5 (1.20A), Old Sandwich Road – Subdivide a portion of lot 12D to create lot 12-8 (1.02A) and incorporate lot 12-5 into 12D to create 12E (35A)
Loring Tripp moved for the clerk to sign the plan; the vote was unanimous (5-0).
A4241 – Map 4, Lots 22 (0.59A) & 79-1 (0.27A), Cherry St/Grasshopper Ln – Lot line adjustment to create lots 22-3 (15,002 sf) and 22-4 (20,104 sf)
Paul McAlduff moved for the clerk to sign the plan; the vote was unanimous (5-0).
A4239 – Map 102, Lot 26-7 (30.8A), Colony Place – Subdivide lot into lots 26-14 (29.26A) and 26-15 (1.55A)
Larry Rosenblum moved for the clerk to sign the plan; the vote was (3-2) with Loring Tripp and Malcolm MacGregor in opposition.
Public Hearing (cont.)
B540 – Zion Hills VOSD
Valerie Massard informed the Board that the petitioner has addressed many of their previous concerns regarding the calculations of density and open space, adequate facilities conditions, and the affordable housing units. DPW and Planning Staff have met with the petitioner and agreed upon the mitigations for the proposed access off Long Pond Road. The mitigations include removal of the existing asphalt and repaving of approximately 700 ft of Long Pond Road and installation of a sidewalk on one side of Long Pond Road to provide safe pedestrian access to the Elmer Raymond playground. Ms. Massard stated that she was waiting for confirmation from the petitioner regarding the terms and conditions of the two affordable units. As there will be several builders involved in the actual construction of the dwellings, design
guidelines will be implemented.
Atty. Richard Serkey confirmed that the petitioner was agreeable to the proposed terms.
Valerie Massard stated that the two lots that were originally proposed to be subdivided from the lots affected by the BOA Case #1643 have been moved to the rear of the subdivision. The remaining issues were buffering of neighboring dwellings (a landscaping plan has been proposed), the proposed creation and maintenance of pathways to the Elmer Raymond playground, moving the proposed roadway away from the neighbors on Tananger Road (an alternative plan was handed to the Board), and whether the access road should be include or excluded from the open space calculations. A waiver of a portion of the sidewalk within the subdivision has been negotiated in order to offset the mitigations agreed to on Long Pond Road.
Brad Bertolo, JC Engineering, reviewed the proposed realignment of the road.
Peter Fantoni stated that the abutting neighbors were concerned with the proposed paths through the woods to the Elmer Raymond Playground being a safety issue, therefore, the installation of the sidewalk along Long Pond Road has been proposed instead.
Larry Rosenblum was concerned that eliminating the sidewalk in the upper area of the development would be a safety issue for pedestrians.
Mr. Bertolo replied that the Town Engineer recommended shortening the interior sidewalk in order to off set the costs of the installation of the sidewalk on Long Pond Road. It would also help to reduce the amount of pervious pavement and runoff.
Peter Fantoni stated he would not be opposed to doing both.
Larry Rosenblum felt it would be appropriate to have the sidewalk throughout the development.
Marc Garrett suggested additional landscaping along the rear of the Tananger Road properties where the road has been realigned as it is currently a sparsely vegetated area. Mr. Garrett was satisfied that the open space requirements have been met.
Loring Tripp moved to approve the B540 – Zion Hills VOSD subject to the following conditions:
For the DEFINITIVE PLAN and associated WAIVERS:
The Petitioner is proposing roads with waivers from the standards of the subdivision Rules and Regulations, and should not expect that the roads will be accepted as public ways in the future in their current condition. This will be noted on the subdivision plan, as well as incorporated into the Protective Covenants and Restrictions or Deed Restrictions imposed by the Petitioner on the lots within the VOSD development.
The Petitioner agrees to the endorsement of the Plan and profiles within 120 days from the date of approval, or in the case of an appeal, endorsement of the plans and profiles within 120 days of the settlement of an appeal.
Conditional upon the provisions of a performance guarantee in the form of a covenant duly executed and approved, to be noted on the plans and recorded with the Plymouth County Registry of Deeds. Said form of guarantee may be varied from time to time by the Petitioner with mutual agreement on the content of said guarantee by the Petitioner and Planning Board without amendment or modification of this approval.
The Petitioner agrees to complete all ways and the installation of all municipal services in accordance with the applicable rules and regulations of the Board within two years from the date of endorsement. Upon a finding by the Planning Board that the construction of all ways and the installation of all municipal services has not been completed within two years (or such further time as the Petitioner and the Planning Board may mutually agree), the Planning Board may elect to seek rescission of the plan.
Subject to the applicable rules and regulations of the Board, the Petitioner agrees that he or she will guarantee to protect, repair, replace, and where necessary, and upon written acceptance by the Planning Board, redesign the works constructed and submit revised plans and profiles for the Planning Board's approval and for recording at the Plymouth County registry of Deeds so that said works actually carry out the purposes for which they were intended. Said repair, replacement, or redesign will be based upon experience in the field, which demonstrates the existing construction and/or design to have been improperly installed or wholly inadequate.
GENERAL CONDITIONS FOR ALL DECISIONS including the Special Permits and Definitive Plan and waivers:
The Definitive Plan for Zion Hills as approved is for no more than twenty six (26) building lots and no more than twenty eight (28) dwelling units. The petitioner agrees to waive his or her right to further subdivide the lots shown as Lot 47A-1 through proposed Lot 47A-24, inclusive, pursuant to the provisions of Massachusetts General Laws, Chapter 41 and waive its right to any further residential development of the premises that results in a more intense or dense use, regardless of any local, state or federal criteria to the contrary, pursuant to the provisions of Massachusetts General Laws, Chapters 40A and 41, through a Deed Restriction or Restrictive Covenant on the parcels imposed by the Petitioner on the lots within the VOSD development. The term "subdivided" shall include the process of division of the lots into
parcels by means of a plan not requiring approval under the subdivision control law. Notwithstanding this provision, the Planning Board may endorse the relocation of any lot lines when consistent with the intent and purpose of this restriction. This shall be noted on the subdivision plan, and this Decision shall be recorded with the Plan.
Open space in vicinity of any construction to be staked off prior to start of any site work.
Erosion control and construction plans are to be submitted for review prior to start of any site work.
Prior to endorsement of the plans:
a. The proposed centerline of the new roadway will be staked out, and walked by Town of Plymouth Planning staff with the Petitioner or his or her representatives, to discuss the buffering requirements and meandering sidewalk layouts that should be included in the final plans.
b. Conditional upon the payment of the back taxes, interest and fees owed to the Town for this property, if any.
c. The plans will be revised to detail the conditions of the approval, as needed.
d. The plans and drainage designs will be revised to address the concerns of the Town Engineer, Earth Tech and other advisory reports subject to final approval by the Planning Board prior to endorsement of the plans. Said revisions shall include, at a minimum, the following:
Revised landscaping plans, which should address buffering to adjacent property owners, and should conform to Sections 408 and 411 of the Rules and Regulations, will be submitted for final approval by the Planning Board.
Relocate the proposed access road consistent with a conceptual plan dated December 18, 2006 prepared by JC Engineering, Inc. entitled “Proposed Roadway Realignment” presented at the December 18, 2006 public hearing.
Two additional single-family lots (Lots 47A-23 and 47A-24) are proposed in the open space from what is shown on the plans due to BOA Case 1643; the plans will be modified so that a clear depiction of the proposed by-right units, final lotting plan and open space configuration is shown consistent with this Decision.
Since the open space will include the common wastewater treatment facilities, access/maintenance easements for the benefit of the homeowners association for the wastewater treatment facilities will need to be noted on the plan and in the Restrictive Covenants.
Lot numbers and road name approvals from DPW and Fire Chief.
As per the Petitioner’s representative’s email dated November 8, 2006, in order to satisfy the conditions of BOA Case 1643:
(a) No duplex will be constructed on proposed lot 46-9, instead two proposed single family structures on two new single family lots to be created out of existing Lot 47A.
(b) That portion of the entrance road which is shown crossing existing lots 46-6 and 46-7 will be created by easement rather than in fee, subject to approval by Town Counsel.
(c) By-Right plan lots 12 & 13 should confirm minimum frontage is satisfied on the cul-de-sac.
(d) The by-right plan depicts the shared wastewater treatment facilities as part of the existing duplex lot – this may be a typographical error – it should be clarified.
Detail or noted minimum standards for photosensitive driveway lamp-posts on each individual lot within 30 feet of the road right-of-way shall be shown on the plans.
A note shall be added to the plan indicating that the Planning Board is not making any changes to disposition of Gravelly Hill Road or Wickets Path with approval of said plan.
A note on the title sheet of the plans regarding the "maximum number of building lots and dwelling units approved for development shall not exceed 26 and 28, respectively”. This sheet is to be recorded at the Plymouth County Registry of Deeds or this Decision shall be recorded with the plans.
The Department of Public Works shall approve repair details for the any road or sidewalk improvements associated with this development for work on Town land or within a public road layout, including repair of any damaged monuments or benchmarks as noted on the plans, and these details shall be shown on the plan.
Prior to endorsement of the plans, an MOU in a format acceptable to the Planning Board shall be submitted for approval consistent with the requirements of Section 205-71 of the Bylaw. The Petitioner has agreed, as stated at the December 18, 2006 public hearing, to include the following negotiated terms in the Memorandum of Understanding (MOU) between the Petitioner and the Plymouth Housing Authority in accordance with Section 205-71 of the Bylaw with respect to the affordable units which will be constructed on site (specific language to be determined during the drafting of the MOU).
A construction phasing plan should include a minimum construction of access roads to binder and utilities prior to marketing the affordable units.
The certificate of occupancy for the first of the two affordable units shall be issued prior to the issuance of the certificate of occupancy for any market-rate units, and the certificate of occupancy for the second affordable unit shall be issued prior to the issuance of the certificate of occupancy for the eleventh market-rate unit. The second affordable unit should be similar to the first affordable unit with respect to construction, materials and design. Locations of the affordable units should be designated at the time of lot release. No building permits will be issued unless the conditions of the MOU are met. This shall be noted on the plan.
Prior to issuance of any lot release, the Petitioner shall supply the Planning Board, subject to review by the Director of Community Development, plan prototypes and design guidelines for the residential dwellings, including exterior materials, bedroom counts and building sizes, for Planning Board approval. Any subsequent building permit applications shall be reviewed by the Director of Community Development prior to issuance of a Building Permit to determine substantial compliance with the prototypes, and compliance with conditions noted above. If there is a discrepancy, the Planning Board shall review the proposed Building Permit application for consistency with the prototypes.
The Plymouth Housing Authority shall be named as the agent to ensure that the monitoring, marketing and lottery requirements are in compliance with state and local guidelines, as outlined in the “Developing Affordable Housing in Plymouth” guidelines.
Prior to issuance of a Building Permit:
a. Individual site plan review by the Planning Board is required on building lots due to grades and to ensure drainage and siting of buildings will comply with zoning.
b. Four (4) sets of full size copies of all drawings comprising the VOSD/Definitive Subdivision plan with one complete set of reproducible plans (mylars) will be delivered to the Planning Board and one (1) electronic copy of the plans shall be delivered in a format acceptable to the Town Engineer.
c. The Petitioner shall obtain a sign-off for the curb cut from the Town of Plymouth Department of Public Works, if required.
d. Evidence that (1) the Protective Covenants and Restrictions or Deed Restriction(s) per the Conditions of this decision are to be imposed by Petitioner on the subject property, approved as to form by Town Counsel; and (2) this Decision have been recorded with the Plymouth County Registry of Deeds shall be provided to the Planning Board.
e. All no-cut and open space areas in the vicinity of any construction on the site will be staked off to the satisfaction of the Planning Board, and shall remain staked off until such time as a Certificate of Occupancy is issued.
Prior to issuance of release of all performance guarantees, unencumbered easements for maintenance and title to all fire alarm conduits, water mains and all appurtenances thereto constructed and installed in the subject property, if any are to be maintained by the Town, shall be conveyed to the Town. Such easements shall be entitled “utility easement.”
The Department of Public Works shall approve that all repair details for the intersection and road improvements constructed by the Petitioner, and sidewalk improvements associated with this development for work on Town land or within a public road layout, including repair of any damaged monuments or benchmarks as noted on the plans, is complete according to the plans prior to the tenth (10th) market-rate lot release.
Prior to issuance of a Certificate of Occupancy on each individual lot, individual lamp-posts will be installed per the plans.
Prior to issuance of a Certificate of Occupancy on the tenth (10th) market-rate dwelling unit, the Petitioner shall provide concrete bounds at appropriate open space corners as approved by the Planning Board with certification from a registered professional engineer or professional land surveyor. This condition may be altered through a mutually agreeable alternative as approved by the Planning Board without amendment or modification of this approval.
Wearing course shall be placed over the binder on the subdivision roads consistent with the requirements of this decision prior to issuance of a Certificate of Occupancy on the 10th market-rate unit. This condition may be altered through a mutually agreeable alternative as approved by the Planning Board without amendment or modification of this approval.
Petitioner has agreed to include within the Protective Covenants and Restrictions provisions on the open space lots or areas within the VOSD subdivision, in a form acceptable to Town Counsel. Said provisions shall limit the uses of said open space for conservation and recreation, with an allowance for maintenance and permitted recreational uses subject to plans approved by the Planning Board, or its appointed representative(s). The use of the designated open space is for walking trails, footpaths, and conservation, with an allowance for drainage, sewage disposal system and emergency access roads as shown on the approved plans. However, the Petitioner has agreed that except as aforesaid, no building or structures of any kind shall be constructed on proposed Parcel 47A-25, which will remain in its current natural state, and
this provision shall be incorporated into the Protective Covenants and Restrictions imposed by the Petitioner on the VOSD subdivision.
The Protective Covenants Restrictions and/or Deed Restriction on the lots as described above may include:
At least one substantial shade or ornamental tree shall be planted in the front yard of each individual residence as a condition of release of the lot from the Covenant; and said tree shall only be removed if diseased or damaged, and said tree shall be replaced, if removed, with a similar caliper tree in the front yard. Initial plantings must be a minimum 3-inch caliper trunk.
The Protective Covenants and Restrictions may also reflect that any violation shall result in a fine of $100.00 per day for the first thirty (30) days, and $200.00 per day thereafter, and provide that the Protective Covenants and Restrictions shall be in place for as long as allowed under Massachusetts law.
The Petitioner agrees to record a homeowner's trust, and to provide by way of easement, deed or through a separate covenant the grant of any such land to the homeowner’s trust or the imposition of easements or rights for the benefit of the homeowner’s trust with respect to drainage facilities and appurtenances, drainage lots, fire tanks, pipes and pump stations, wastewater treatment facilities, open space and roadway/emergency access areas to be maintained by the homeowner’s trust in a form acceptable to Town Counsel. Said trust shall be in place prior to the issuance of Building Permits. The Petitioner agrees to provide a maintenance program for stormwater facilities at the road, drainage lots, wastewater treatment facilities, open space, roadways or other common areas to be maintained by the homeowner’s
trust on said Plan or revised plan detailed as an exhibit to the homeowner’s trust documents.
In the event that the homeowner’s trust should no longer be in existence, the disposition of the open space shall be determined through a mutually agreeable alternative as approved by the Planning Board without amendment or modification of this approval.
Any signage shall comply with the Zoning Bylaw or additional permits will be required.
The vote was unanimous (5-0).
BOA 3395 – Plymouth DOB LLC
Jordan Hospital Office Building
Atty. Edward Angley presented the proposed revised petition for a doctor’s office building at Jordan Hospital. The Plymouth Center Steering Committee (PCSC) and Design Review Board have reviewed the revised plans and commented favorably.
Don Springhetti, Cubelis Associates, presented the site plan review for the proposed 45,000 sq. ft., three story medical office building. A portion of the structure would be built into the existing slope of the property. There would be 180 new parking spaces constructed with drainage facilities along the eastern edge of the parking lot. A tunnel would be constructed to connect the Hospital to the lower level of the office building.
Wayne Pelletier, DiGiorgio Associates, reviewed the architecture for the building which has been designed to blend with the Hospital architecture with similar brick and columns being utilized. The metal roof on the lower level will be similar to that used on the Hospital’s emergency department roofing.
Jon Henson, Landscape Architect, presented panoramic pictures of the site showing existing conditions. The goal is to create a traditional New England campus setting. The entry area would be framed with foundation plantings of low shrubbery with massing of plantings on both sides of the entry. Two seating areas will be provided on the site. The parking area will have deciduous trees in the large islands with perennials planted in the small islands. Visual buffers will be created along the east side and rear of the parking lot. Timed lighting will comply with the dark sky bylaw.
Ron Mueller and Jim Wynn, Greenman Pedersen, reviewed the traffic patterns and projections for the project. Three different studies have been done in recent years for the area; the Plymouth County courthouse project, the 2002 Hospital expansion project, and the PWED grant program application to provide roadway improvements along Obery Street and South Street. The proposed office building has been included in several of the previous studies. The proposed office building would generate 112 total vehicle trips (88 in and 24 out) during the weekday AM peak and 150 total vehicle trips (41 in and 109 out) during the weekday PM peak hour.
Atty. Angley stated that a sign could be erected that would direct visitors leaving the office building to take a left turn only to Obery Street.
Dr. Bernie Durante, Dr. Eric Johnson, Dr. Harold Lazar, Alan Knight, Dr. Harvey Kuwalik, Elspeth Franks, Will Sheehan, Sharon Hanley-Decoste, Beverly Archimbault, Dr. Saeed Patel, Atty. Richard Serkey, Matt Muratori, and Ken Fosdick spoke in support of the proposed office building.
Caroline Quidort stated that the proposed office building has been reviewed by the Planning Board previously. Jordan Hospital has submitted a copy of their Master Plan to staff (a portion of which was in the Board’s packets). The height of the building has been lowered to comply with the height requirements of the Town. Ms. Quidort requested that the list of landscape material be submitted. Issues that were outstanding were the visibility of the building from the neighborhood, the signage to direct traffic toward Obery Street, and the reduction in parking which could create a larger buffer for the abutting neighborhood.
Sam Butterfield, Dr. Walter Murphy, Betty Creedon, Michael Olendzenski, Ellen Milk, Atty. Bob Galvin, Jr., and Souther Barnes had some concerns with the proposed project. Their concerns included the traffic and safety impacts on the existing roads and to the surrounding neighborhoods, the size and location of the building, the design of the parking lot, the project does not meet environmental design standards, the landscape will not provide adequate screening, building incompatible with the neighborhood, and a construction traffic plan has not been submitted.
Malcolm MacGregor read the Plymouth Center Steering Committee report into the record.
Marc Garrett submitted a letter from John Bross that outlined his concerns with the proposed project.
Loring Tripp suggested reducing the parking to 150 spaces, eliminating two of the lights at the end of the parking lot to create an increased buffer, providing funding toward the necessary mitigations on Obery Street, and adding pedestrian access from upper parking lot along side of building.
Atty. Angley stated that there is an alternative plan that shows 150 parking spaces.
Marc Garrett suggested using yews as part of the landscaping on the north and east side of the parking lot and additional planting along the property line. Mr. Garrett also suggested dropping the height of the light fixtures to below grade.
Larry Rosenblum was concerned that the proposed plan detailed an incremental development of the site and that the Board should consider the long-term prospects for future expansion of the Hospital and any future offsite impacts. Mr. Rosenblum suggested that the development of the site should be as compact as possible.
Paul McAlduff supported reducing the parking area and providing funding toward the mitigations on Obery Street.
Malcolm MacGregor suggested that a construction management plan should be filed
Paul McAlduff moved to recommend approval to the Zoning Board of Appeals subject to the following conditions:
Prior to the issuance of a building permit the following shall be submitted for approval to the Zoning Board of Appeals, with advisory review by the Planning Board:
a. A construction management plan shall be submitted, which shall include, as a minimum, plans for routing construction traffic away from residential neighborhoods, as well as control of noise, litter, lighting and hours of operation. Such plan shall provide for neighborhood participation throughout the construction period.
b. A parking management plan shall be submitted.
c. A final detailed landscaping shall be submitted, at full size, which will incorporate plantings on the proposed graded slopes around the site, along the rear of the building, and at the entrance to the facility.
i. Additional landscaping shall be provided along the property line to improve the buffer for the Woodvale Avenue dwellings located in the vicinity of Lots 15-24B, 15-24C, 15-51, and 15-52.
ii. A more natural, “rolling” grade for the slope of the hill closest to Sandwich Street shall be incorporated into the landscape plans.
d. Revised plans showing the sewer connection must be submitted. The petitioner must receive appropriate approvals from the Plymouth DPW with respect to the sewer connection.
e. A study of internal traffic flow patterns shall be submitted for final review by Planning Board and BOA.
f. Adequate fire flow and static pressure for water must be demonstrated by the Petitioner, and requirements of the Fire Chief with respect to hydrants, fire suppression, or sprinklers must be satisfied.
g. The height of the parking lot light fixtures shall be reduced to prevent light trespass onto abutting properties. Revised plans showing the reduced light fixtures shall be submitted to the Board of Appeals.
The project is subject to the Prevention of Light Pollution Zoning Bylaw and exterior lighting throughout the site shall be consistent with that already existing on the Jordan Hospital site. Petitioner has agreed to limit parking lot lighting after 7 pm to entrance area and building only. Documentation satisfying these conditions shall be submitted to the satisfaction of the Building Inspector prior to issuance of a Building Permit.
The proposed parking lot shall be reduced by approximately 38 spaces. This shall include the last row of parking and the adjacent perimeter parking spaces. Revised plans showing the reduced parking lot shall be submitted to the Board of Appeals prior to the issuance of an occupancy permit, with advisory review by the Planning Board.
As agreed to by the applicant, the Town will determine the approximate savings that occur by reducing the required parking. Said funds are to be determined through consultations with Planning Staff, the Planning Board Chair, and the Town’s consulting engineer for recommendation to the Board of Appeals. The applicant shall gift this pre-determined amount to the Town for the physical improvements to the surrounding road and pedestrian infrastructure and streetscape along Obery St. Said fund are to only be expended with approval by the Zoning Board of Appeals.
Prior to the issuance of an occupancy permit the following must be submitted to the Zoning Board of Appeals, with advisory review by the Planning Board:
h. A Registered Landscape Architect or other qualified licensed professional must certify to the Building Commissioner that the required landscaping has been installed in accordance with an approved site plan, Zoning Bylaw, and acceptable landscape practices.
i. A report must be submitted to the Building Commissioner by a Registered Professional Engineer certifying that the drainage system, drive ways, curbing, parking areas, and new access road have been installed according to accepted practices and in compliance with the Zoning Bylaw.
j. All roof top mechanicals are to be screened from public view to the satisfaction of the Board of Appeals.
k. Compliance with the American Disabilities Act shall be documented.
Any signage shall comply with the Zoning Bylaw or additional permits will be required.
All guard rail systems on the site will be constructed out of pressure treated materials as a façade at minimum.
Plan shall be revised for typographical errors on Sheet C3 for total parking required in the Main Parking Summary and to the correct building height in the Zoning Legend.
Possible signage directing vehicles to egress points other than Sandwich Street subject to approval by the Board of Appeals with advisory review by the Planning Board.
Pedestrian access between the existing upper parking lot and the building shall be enhanced. The access to the rear of the building shall provide for ingress and egress.
The vote was (4-1) with Larry Rosenblum in opposition.
Public Hearings: Town Meeting Articles
Prevention of Light Pollution Bylaw
Malcolm MacGregor read the public hearing notice and opened the public hearing.
Lee Hartmann presented the proposed changes to the dark sky bylaw that include improvements to definitions, requirements for plans and the control of glare and light trespass. A handout was given to the Board that outlined proposed changes submitted by Atty. William Abbott and Saxon Partners.
Loring Tripp moved to close the public hearing; the vote was (5-0).
Loring Tripp moved to recommend support of the proposed changes to Spring Town Meeting as follows:
§ 205-65.Prevention of light pollution. [Added 4-15-1997 ATM by Art. 22]
A. Purpose and intent. The purpose of this bylaw is to create standards for outdoor lighting so that its use does not unreasonably interfere with the reasonable use and enjoyment of property within Plymouth. It is the intent of this section to encourage, through the regulation of the types, construction, installation and uses of outdoor electrically powered illuminating devices, lighting practices and systems which will reduce light pollution, light trespass and glare in order to preserve and enhance the natural, scenic, and aesthetic qualities of Plymouth, conserve energy and decrease lighting cost without decreasing nighttime safety, security, and productivity, and preserve the night sky as a natural resource to enhance nighttime enjoyment of property within
Plymouth.
B. Uses. All municipal uses, uses in industrial and commercial districts, special permit uses and signs in all districts are subject to this section.
C. Definitions. Except as noted hereinafter, all definitions are provided in the Zoning Bylaw. Unless the context clearly indicates otherwise, certain words and phrases used in this section shall mean the following:
CUTOFF ANGLE: The angle formed by a line drawn from the direction of the direct light rays at the light source with respect to the vertical, beyond which no direct light is emitted.
DIRECT LIGHT — Light emitted directly by a lamp, off a reflector, or through a refractor of an outdoor light fixture.
FILTERED — When referring to an outdoor light fixture means that the fixture is to be fitted with a glass, acrylic, or other translucent enclosure of the light source.
GLARE: Light emitted from a light fixture with an intensity great enough to produce annoyance, discomfort, or a reduction in a viewer's ability to see.
HEIGHT OF light fixture: The vertical distance from the finished grade of the ground directly below to the lowest direct light emitting part of the light fixture.
LAMP — The component of an outdoor light fixture that produces light.
LIGHT FIXTURE: A complete lighting system, including the assembly that houses a lamp or lamps, and which may include a housing, a mounting bracket or pole socket, a lamp holder, a ballast, a reflector or mirror, and/or a refractor, lens, or diffuser lens.
LIGHT TRESPASS — Direct light emitted by an outdoor lamp fixture that shines beyond the boundaries of the property on which the outdoor light fixture is installed.
SHIELDED LIGHT FIXTURE: A lamp and fixture assembly designed to eliminate up-lighting with a cutoff angle of 90º, so that no direct light is emitted above a horizontal plane.
UP-LIGHT — Direct light emitted by an outdoor light fixture above a horizontal plane through the fixture's lowest light-emitting part.
D. Lighting Plan. A lighting plan is required and shall include:
1. The location and type of any outdoor lighting fixtures, including the height of the fixture;
2. The lighting fixture manufacturer's specification data, including lumen output and photometric data showing cutoff angles;
3. The type of lamp such as: metal halide, compact fluorescent, high pressure sodium;
4. A photometric plan showing the intensity of illumination at ground level, expressed in foot candles; and
5. That light trespass onto any street or abutting lot will not occur unless specifically approved by the Town and any impacted abutter. This may be demonstrated by manufacturer's data, cross section drawings, or other means.
E. Prohibited light sources.
(1) Mercury vapor and quartz lamps. For the purposes of this bylaw, quartz lamps shall not be considered an incandescent light source.
(2) Laser source light. The use of laser source light or any similar high-intensity light for outdoor advertising, when projected above the horizontal, is prohibited.
(3) Searchlights. The operation of searchlights for advertising purposes is prohibited.
F. Control of Glare and Light Trespass
All light fixture shall be equipped with whatever shielding, filters, lenses, or cutoff devices required to eliminate light trespass onto any street or abutting lot or parcel (unless specifically approved by the Town) and any impacted abutter, to eliminate glare perceptible to persons on any street or abutting lot or parcel and to minimize up-lighting. This requirement shall not apply to any light fixture intended solely to illuminate any freestanding sign or the walls of any building but such light fixture shall be shielded so that its direct light is confined to the surface of such sign or building.
G. Metal halide lighting. All outdoor light fixtures utilizing a metal halide lamp or lamps shall be shielded and filtered. Filtering using quartz glass does not meet this requirement.
H. Outdoor advertising signs. Outdoor light fixtures used to illuminate an outdoor advertising sign shall be mounted on the top of the sign structure.
I. Exemptions.
(1) Fossil fuel light. All outdoor light fixtures producing light directly by the combustion of natural gas or other fossil fuels are exempt from all requirements of this bylaw.
(2) Other light sources. All outdoor light fixtures using an incandescent lamp or lamps of 150 watts or less are exempt from all requirements of this bylaw. All outdoor light fixtures using any lamp or lamps of 50 total watts or less are exempt from all requirements of this bylaw.
K. Special permit. Alternative outdoor light fixtures may be allowed by special permit if it is found that the fixture's design and appearance are superior, significant light pollution will not be created, and light trespass and glare are minimal.
The vote was (5-0).
Cordage Park Smart Growth District – Subdistricts
Malcolm MacGregor read the public hearing notice and opened the public hearing.
Lee Hartmann presented the proposed map that defines areas for different building heights.
Loring Tripp moved to close the public hearing; the vote was unanimous (5-0).
Loring Tripp moved to recommend adoption of the proposed subdistrict map to Spring Town Meeting; the vote was unanimous (5-0).
B534 – McRae, Summer Street – Site Plan Review
Valerie Massard presented the revised site plan for the approved VOSD on Summer Street that was a condition of approval prior to the application for a building permit. The plan details the revised driveway location and drainage design.
Loring Tripp moved for the Board to approve the site plan as presented; the vote was (4-0-1) with Marc Garrett in abstention.
TDR – MURA Overlay District
Malcolm MacGregor read the public hearing notice and opened the public hearing.
Paul McAlduff moved to continue the public hearing to January 22, 2007 at 7:30 p.m.; the vote was unanimous (5-0).
Rezone Cherry Street – LI to MC (to be continued to 1/8/07)
Malcolm MacGregor read the public hearing notice and opened the public hearing.
The Board received a copy of the letter from Atty. Lawrence Winokur requesting that this public hearing be continued.
Paul McAlduff moved to continue the public hearing to January 8, 2007 at 7:15 p.m.; the vote was unanimous (5-0).
Discussion
Industrial/Commercial Land Committee
Lee Hartmann presented changes to the charge and make up of the Industrial/Commercial Land Study Committee charge. The changes include the addition of “Office” to the title of the committee and the charge of the committee’s review, identifying additional information needed to evaluate future infrastructure needs and working with Town Hall staff to determine which would require outside expertise to make further recommendations, and changing the makeup of the committee from nine members to seven members.
Paul McAlduff moved to support the proposed changes and have them presented to the Board of Selectmen for their support; the vote was unanimous (5-0).
Minutes:
December 4, 2006
Paul McAlduff moved to approve the minutes of December 4, 2006 as presented; the vote was unanimous (5-0).
Administrative:
B498 – Milt’s Way – Transfer of Passbook to Performance Secured by Deposit Agreement
Paul McAlduff moved for the Board to terminate the passbook agreement, close the passbook, enter into a Performance Secured by Deposit agreement, and deposit all funds into the Town’s escrow account for B498 – Milt’s Way; the vote was unanimous (5-0).
B507 – Preserve at Halfway Pond II – Transfer of Passbook to Performance Secured by Deposit Agreement
Paul McAlduff moved for the Board to terminate the passbook agreement, close the passbook, enter into a Performance Secured by Deposit agreement, and deposit all funds into the Town’s escrow account for B507 - Preserve at Halfway Pond II; the vote was unanimous (5-0).
Mill Pond Landing – Bond Reduction
Marc Garrett moved to reduce the bond held for B476 – Mill Pond Landing to $13,764.30; the vote was unanimous (5-0).
B470 – Parker Village – Subdivision Completion – Release of Funds
Paul McAlduff moved to release the remaining funds held for the completed B470 – Parker Village subdivision; the vote was unanimous (5-0).
B520 - Beaver Dam Ridge – Lot Release
Loring Tripp moved to release lot 9-15 in the B520 – Beaver Dam Ridge subdivision; the vote was (4-0-1) with Marc Garrett in abstention.
Paul McAlduff moved to adjourn at 11:35 p.m.; the vote was unanimous (5-0).
Respectfully Submitted,
Eileen M. Hawthorne Approved: January 8, 2007
Administrative Assistant
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