Planning Board Meeting
January 29, 2007
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, Loring Tripp, III, Larry Rosenblum, and Marc Garrett.
Staff Members: Lee Hartmann, Valerie Massard and Caroline Quidort
Recording Secretary: Eileen Hawthorne
Form A’s:
A4245 – Map 45, Lots 30D-1, 30D-2 and 30D-3, Brook Road – Lot line adjustment to create lots 30D-6 (.69A), 30D-7 (.72A), and 30D-8 (1.18A)
Larry Rosenblum moved for the clerk to sign the plan; the vote was (3-2) with Loring Tripp and Malcolm MacGregor in opposition.
Update
Plymouth Center Steering Committee
Bobbi Clark updated the Board on the activities for the last year of the Plymouth Center Steering Committee. The committee reviewed 20 proposals which included three reviews of the Doctor’s Office Building at the Jordan Hospital. They have also reviewed and supported several Town Meeting articles including the CPC funding for the Plymouth Housing Authority addition on Court Street, the grant for the renovations and addition to Pilgrim Hall Museum for ADA compliance, and the rezoning of Obery Street. The DPW presented an update on the Pilgrim Necklace and a Pilgrim Necklace Steering Committee was created. Ms. Clark sees the responsibilities of the committee as reviewing plans and background material for projects in order to make an informed recommendation to the Planning Board. On behalf of the
committee, Ms. Clark thanked staff for their continued assistance.
Paul McAlduff asked if the committee wanted to review all projects in their area or only the larger projects.
Valerie Massard stated that Ms. Clark reviews the agenda on the website every week and determines whether the committee needs to review the project.
Ms. Clark stated that she determines whether the project would necessitate a recommendation to the Planning Board. She also makes it clear that the Steering Committee is not a complaint department.
Mr. McAlduff was glad to see that the Steering Committee is judicious in their review of projects.
Public Hearing (cont.)
Rezone Cherry St – LI to MC
Atty. Lawrence Winokur reviewed the petition to rezone Map 102, Lots 8B-2A, 8B-2B, 8B-2C, 8B-3 and 8B-5 and Map 3, Lots 1-332, 1-227, 1-228, 1-229, 1-230, 1-231, and 1-232 from Light Industrial (LI) to Mixed Commerce (MC). The change in zoning would allow for low intensity industrial and retail uses. Atty. Winokur reviewed in great detail portions of the RKG study that he felt were applicable to this site including the recommendations to: grow and diversify the tax base over the long term; enhance the assessed value per acre of non-residential development within existing commercial and industrial zones; expand the boundaries of existing non-residential zones where appropriate, including Route 3/44 Corridor; upgrade assessed values in already developed locations; create a larger, more flexible inventory of available land for
future development through selective zoning strategies and possible use of Town and/or County land; increasing the allowable building densities and building heights for prime locations near existing and proposed highway interchanges; and encouraging the transition of development around highway interchanges away from light industrial/manufacturing, toward higher-valued retail, office and hospitality uses. Atty. Winokur stated that the removal of the current automobile uses and the existing concrete block wall would benefit the neighborhood and the environment.
Augustino Diodato stated that he believes it would be an improvement to clean up the junkyard and the auto repair business, but that the clean up should be done prior to any zoning changes or special permits, as was required for the Parker Salvage, Revere Copper and Hall Street sites.
Atty. Winokur responded that there would be a Chapter 21E review of the site prior to the commencement of any development.
Malcolm MacGregor questioned what mitigations would be necessary on the slope if the existing block wall was removed.
William Shaw, Associated Engineers, replied that some material would be removed and the slope would be turned to face Nicks Rock Road and be loamed and seeded.
Paul McAlduff was concerned with the safety hazard created by the vehicles that are currently parked on top of the block wall. Mr. McAlduff was also concerned with how much material would need to be removed from the site if clean up is necessary and how it would affect the height of this site and the WPLM site.
Mr. Shaw replied that the walls have to be designed to take a surcharge load if parking is to be allowed. If the cars are parked 20’ away from the edge they would not have an impact on the wall. Mr. Shaw stated that if the slope is turned, construction of some walls may be necessary. Mr. Shaw thought that if the site is contaminated, it might be prudent to cap the site instead of removing the contaminated soil, but that he didn’t think there would be an issue, as the surrounding ground water sites have tested clean.
Larry Rosenblum felt that a planning process including the clean up of the site should take place prior to the rezoning of the site. Mr. Rosenblum was unsure whether the existing infrastructure would support a more intense use of the site as the comprehensive traffic study of the area has not been submitted.
Loring Tripp suggested that an MOU could be entered into that would require the clean up of the site before any special permits were issued. Mr. Tripp was uncomfortable with some of the uses that would be allowed with the rezoning of the site.
Mr. MacGregor was not supportive of this rezoning since it would allow retail uses on this site.
Mr. Tripp was not supportive of some of the uses that would be allowed if the parcel was rezoned and suggested that further review and a possible change of the bylaw language might be appropriate.
Mr. Rosenblum was supportive of further review.
Mr. Garrett shared the Board’s concern with allowing certain retail uses.
Paul McAlduff suggested that the article should be tabled.
Loring Tripp suggested that the public hearing be continued to give the Board time to review the permitting process and requested rough topographical maps be presented at the next meeting.
Mr. Tripp moved to continue the public hearing to February 12, 2007 at 7:30 p.m.; the vote was unanimous (5-0).
Conceptual Review
The Nature Conservancy - RDD
Robb Johnson, The Nature Conservancy explained the proposed RDD which would subdivide Lot 9 on Map 86 into three separate parcels; lot 9-1 (3.01 acres) residential lot with the existing single family dwelling to remain; Lot 9-2 (1.85 acres) unbuildable lot for private ownership – to be retained by the owners of the single family dwelling; and Lot 9-3 (18.39 acres) unbuildable open space lot to be permanently preserved. Prior to the filing of the RDD, a Form A plan for boundary definitions would be submitted. A shared frontage of approximately 100 ft. between the existing residential property and the large open space parcel would require waivers under the RDD special permit. The larger open space parcel in conjunction with other open space parcels would eventually create a link from the Russell Mills property,
along Long Pond Road to the State Forest. Community Preservation Committee funds and a Nature Conservancy funds may be used by the Town to purchase the larger open space property.
Valerie Massard reviewed the location of the property which is off College Pond Road, north of the Phoenix and Holmes bogs, and would create a corridor from the Russell Mills complex toward the State Forest.
Marc Garrett asked about the landing area at the pond and whether it would be retained by the family.
Mr. Johnson stated the family that owns the residential dwelling will retain ownership of the landing area and there will be no pond access for the public. Mr. Johnson stated that trail easements will be provided to lead to the property owned by the Division of Fisheries and then through to the State Forest.
The Board was very supportive of the conceptual plan.
Public Hearing (cont.)
Rezone Map 27, Lot 7 – R25 to R20MF
Atty. Lawrence Winokur presented a petition to rezone Lot 7 on Map 27 from R-25 to R-20MF. The four acre parcel is located off South Street, behind Mayflower Village. Atty. Winokur read into record the letter a letter from the attorney for Mayflower Village Associates that they have no objection to the proposed rezoning of lot 7. Atty. Winokur felt the rezoning would be compatible with surrounding uses and would support a townhouse or similar development. Atty. Winokur read verbatim from his memo to the Planning Board that under R-25: can construct age restricted housing at eight units per acre” and “if rezoned to R-20MF, an owner or developer is induced to work with the bylaw at reasonable densities rather than utilize Chapter 40B”. He further explained that there was no guarantee that a
Chapter 40B would not be utilized under the rezoning, but would be less likely. Atty. Winokur informed the Board that there have been preliminary discussions regarding utilizing a strip of land along Pontus Meadow Road for access.
William Shaw, Associated Engineers, reviewed the topography of the site which is triangular in shape, has an existing cart path and was previously a gravel pit with the vegetated regrowth. Mr. Shaw suggested that the zoning line originally should have run along the cart path.
Lee Hartmann stated that if the parcel were to be rezoned, 25 to 30 units could be allowed and would be subject to inclusionary housing. Mr. Hartmann would be more supportive of the rezoning if acceptable access was defined.
Loring Tripp was concerned with the access issue and the steep grades on the property. Mr. Tripp stated that rezoning the parcel could make sense if the applicant were to work with Mayflower Village to create additional affordable housing.
Atty. Winokur stated that the access was through Pontus Meadow Road and may require additional access over Settler’s Road.
Malcolm MacGregor asked whether the current zone or the proposed zoning change would provide more flexibility in providing open space. Mr. Hartmann replied that the existing zoning with clustering would allow two units per acre with open space.
Larry Rosenblum stated that the access issue is critical to allowing the rezoning of the parcel and he would like to see some preservation of open space. Mr. Rosenblum felt that any increase in density may face opposition by the abutters.
Paul McAlduff was supportive of utilizing the site for affordable housing, but also felt that the access issue should be resolved prior to the rezoning of the parcel as it would affect the density allowed. Mr. McAlduff was concerned that access through Settler’s Rd would be a safety hazard for the numerous children in the development.
Marc Garrett was concerned with the support of the neighbors as none of the residents of the neighborhood had signed the petition. Mr. Garrett suggested that a reasonable buffer should be created between Mayflower Village and the Swales Farm neighborhood if the site were to be developed.
Mr. MacGregor was concerned with the access issue and the preservation of open space.
Mr. Tripp suggested that the Plymouth Center Steering Committee should review the proposal.
Atty. Winokur requested a continuation in order to pursue the access issue.
Mr. Tripp moved to continue the public hearing to February 26, 2007 at 7:30 p.m.; the vote was unanimous (5-0).
Public Hearing (cont.)
TDR/MURA Overlay District
Lee Hartmann updated the Board on his presentations of the proposed TDR/MURA Overlay District to the various steering committees. The West Plymouth Steering Committee (WPSC) has shown an interest with some members of the Cedarville and Manomet Steering Committees suggesting that they would be more supportive if the TDR/MURA applied to the second or third floors in the overlay district. The committees suggested that there be a review process by the steering committees built into the bylaw. The WPSC was concerned with the proposed 55 ft. height limit and suggested additional language that the height limit might vary within the site according to abutting uses, curb cuts and buffers. Mr. Hartmann stated that he would be meeting with the WPSC on February 21, 2007 regarding this article and suggested continuing the
public hearing to a subsequent meeting.
Paul McAlduff moved to continue the public hearing to February 26, 2007 at 7:45 p.m.; the vote was unanimous (5-0).
Minutes:
January 22, 2007
Paul McAlduff moved to approve the minutes of January 22, 2007 as presented; the vote was (4-0-1) with Larry Rosenblum in abstention as he was not present.
Letter to Governor Deval Patrick
Loring Tripp moved for the Board to endorse the letter to Governor Patrick regarding the Board’s concerns related to the Town of Plymouth’s Master Plan and the State’s review process for affordable housing and Chapter 40B projects; the vote was unanimous (5-0).
Administrative:
Paul McAlduff moved for the Board to release all lots in the B517 – Great South Pond Place Subdivision; the vote was unanimous (5-0). The releases will be held until two minor construction items have been completed.
B461, Camp Child Settlement (Bayden Path) – Lot Release
B521, Mountain Hill Road – TDR Certificate
Loring Tripp moved for the Board to endorse the Certificate of Transfer of Development Rights for the B521 – Twilight Hills Subdivision and the Transfer of Development rights from the B521 – Twilight Hill Subdivision to the B461- Camp Child Settlement Subdivision; the vote was unanimous (5-0).
Loring Tripp moved to release lots 4N-46, 4N-47 and 4N-49 in the B461- Camp Child Settlement Subdivision; the vote was unanimous (5-0). The release will be held until staff has received documentation that both of the Transfer of Development Rights documents have been fully executed; the vote was unanimous (5-0).
Loring Tripp moved to adjourn at 9:25 p.m.; the vote was unanimous (5-0).
Respectfully Submitted,
Eileen M. Hawthorne Approved: February 5, 2007
Administrative Assistant
| 
