Planning Board Meeting
February 5, 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, 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:
A4246 – Map 86, Lots 9 (23.12A), 10 (.28A), 7-11(1.68A), 15-1 (70.55A) and Map 84, Lot 23-1 (23.2A), off College Pond Road - Boundary Line Agreement – Parcel C to be combined with lot 7-11 to create lot 7-50 (1.68 A); Parcel B, D, G, H and lot 10 to be combined with lot 9 to create temporary lot 9X (23.24A); Parcel F to be combined with lot 23-1 on Map 84 to create lot 23-2 (23.75A) and Parcel E to be combined with lot 15-1 to create lot 15-3 (71.38A).
Loring Tripp moved for the clerk to sign the plan; the vote was unanimous (4-0).
Update
North Plymouth Steering Committee
Charles Vandini updated the Board on the activities of the North Plymouth Steering Committee. The committee has been working with the owners of Cordage Park to address the issue of using Hedge Rd and Boundary Lane as an ingress/egress and to extend the Seaside Trail through the Cordage property into Kingston. The committee would like to work with the State and the Town to finalize the Seaside Trail and schedule a dedication ceremony. The committee supported the transition of the Sherman Building from commercial space to a mix of commercial and residential space. They have also been working with the DPW to clean up the Store Pond area, put a new fence alongside and trim the bushes and would like to work with DPW to clean up the Nelson Street area. The former DPW Director presented plans to the committee for the
remodel of Veterans Field which included removal of the tennis court, enlarge the skating area, regrading for soccer or softball areas and make an entrance from Savery’s Lane to the parking lot.
Marc Garrett asked Mr. Vandini if the master plan for North Plymouth is relevant to what is going on in the community.
Mr. Vandini replied that most of it was relevant, but he was disappointed that the old lumber yard was utilized for condominiums instead of a park area.
Larry Rosenblum asked what was outstanding on the trail.
Lee Hartmann stated that the trail is basically done and DPW has been doing maintenance. One item remaining is signage, which could possibly be funded by CPC.
Mr. Vandini stated that the committee is proud of the rail trail and making it into something that is usable by the whole community.
Loring Tripp stated that many families are using the path and enjoying it. Mr. Tripp suggested that the committee submit a punch list to the Board of items that are remaining on the trail and for the Board to look into scheduling a ribbon cutting of sorts in the spring.
The Board was very appreciative of all the work that the North Plymouth Steering Committee has done for their community and the Town.
BOA 3402 – Belle Isle
R. Long Pond Rd/Sp demo/reconstruct nonconforming structure
Randy Parker presented a request for a special permit in order to demolish a non-conforming structure on a non-conforming lot and construct a single family dwelling on Map 113, Lots 5 & 26 (891 R. Long Pond Road). The property is approximately 18 acres. The existing dwelling is accessed by a 14 ft wide easement which is a paved driveway approximately 450 feet long. The new dwelling would be constructed toward the rear of the site which would be out of the Conservation buffer areas. A special permit to construct the dwelling was previously granted by the Zoning Board of Appeals in September of 2002 (#3120). That special permit has expired. The new dwelling would be a 28’x44’ cape style structure with an 8’ deck along the front. Mr. Parker stated that the conditions
suggested in the staff report were acceptable to the petitioner.
Caroline Quidort stated that the existing dwelling is 60 ft. from Black Pond and the new structure would be approximately 500 ft. from the pond. Ms. Quidort stated that the use is appropriate, there are adequate and appropriate facilities to service the site, and there would be no increased hazard to pedestrians or vehicles, and would not have an adverse effect on the neighborhood.
Larry Rosenblum asked if the nature of the easement would allow for further development of this parcel or the other lots in the area. Mr. Rosenblum also asked what the total length of the proposed driveway would be.
Valerie Massard commented that much of the surrounding land is owned by the Town or Wildlands Trust or are land locked parcels. Ms. Massard stated that the easement is to access this property only and any road construction or other access improvements would have to go before the Board.
Mr. Parker replied that it would be approximately 1300 feet for the total driveway length.
Mr. Rosenblum was concerned with the safety and access for a fire and emergency vehicles. Mr. Rosenblum suggested that the Board add a condition that residential sprinklers should be installed.
Lee Hartmann felt that it would be a reasonable condition to encourage or require.
Loring Tripp was also concerned with the length of the proposed driveway and suggested adding a turn out or hammerhead at the halfway point.
Mr. Tripp moved to recommend approval to the Zoning Board of Appeals subject to the following conditions:
Any work occurring within the regulated 100-foot buffer zone will require approval from the Conservation Commission.
No further residential dwellings are to be placed on the parcels identified in this petition, shown as lot 5 and lot 26 on Assessors Map 113.
All work must comply with requirements of the Board of Health and Title V.
Residential fire suppression sprinklers shall be considered for the new residential structure.
Prior to the issuance of a building permit, the Petitioner will provide revised plans showing a vehicular turnaround placed approximately half-way down the new driveway, which will be adequate for larger vehicles. Said improvements shall be reviewed by the Planning Board with final approval by the Zoning Board of Appeals.
The vote was unanimous (4-0).
BOA 3403 – Andrew & Paula Zigouras
Centennial Street/SP to enlarge a nonconforming structure
Andrew Zigouras presented his request for a special permit to enlarge a non-conforming use and structure in order to enclose a portion of an existing deck on a pool cabana to add a bedroom.
Valerie Massard reviewed the history of the property which consists of two lots held in contiguous ownership: one with a single family dwelling and the second with 12’ of frontage which has an in ground swimming pool and cabana. Under zoning the second lot is not considered a buildable lot. The cabana was constructed with appropriate permits as an accessory structure after zoning was adopted. The 10’x22’ deck and existing kitchenette were not permitted. The structure is otherwise conforming as an accessory structure. Ms. Massard stated that for these reasons it doesn’t appear to meet the definition under a special permit request as a pre-existing legally non-conforming structure or use and that it could not be used as a dwelling as it is an unbuildable lot and doesn’t have enough
frontage for a second dwelling unit.
Mr. & Mrs. Zigouras stated that with the combined lots, they do have enough frontage. The reason they bought the property was to turn the cabana into an in-law apartment and that it could not be rented. The structure already had a kitchen, bathroom and bedroom, but they want to put the bedroom on the upper level. They were told that the existing apartment could not be rented to a non-family member.
Malcolm MacGregor questioned the zoning for the property.
Ms. Massard answered that the zoning is R20SL. The lots are not combined for zoning purposes, but are held in contiguous ownership with one lot having adequate frontage and the second having only 12’ of frontage. The dimensional standards are not there because of width.
Loring Tripp was concerned that in the R20SL zone they have enough land for two duplexes with a subdivision road or a VOSD with a shared driveway. Mr. Tripp was supportive of creating the in-law apartment with a condition of no further subdivision.
Lee Hartmann and Valerie Massard were concerned that the petition did not appear to be the appropriate mechanism for what the project entails. They would like to clarify the issue of nonconformity with the Building Commissioner.
Marc Garrett stated that in-law apartments are supposed to be accessed through a single entrance and that a precedent could be set to allow a separate in-law structure, if this were approved.
Malcolm MacGregor suggested that the petitioner might want to consider withdrawing the current petition and return with a VOSD plan.
Ms. Massard suggested that staff would get clarification from the Building Commissioner and the Board could continue the review until February 12, 2007.
BOA 3404 – Ouellette
Pinewood Rd/SP to waive side setback requirements
Mark Flaherty presented the request for a special permit to waive the side setback requirements in order to expand a single family dwelling to include a two car garage with living space above with a breezeway. The bedroom count for the dwelling would not change. The setback would be 11 ft. instead of 15 ft. The 8 ft. breezeway was added to keep distance from an existing chimney. A 5 ft. forsythia hedge and stockade fence will be installed along side property lines to provide screening from the abutting property. There is a brook that runs along the rear of the property which requires a 200 ft. conservation buffer and there are some grading issues, which restricts the location of the addition. The petitioner plans to get a letter of support from the abutter prior to the public hearing.
Valerie Massard stated that staff was supportive of maintaining the riverfront buffer to the rear and adding landscaping as a side buffer.
Loring Tripp suggested using evergreen plants for the buffer instead of the forsythia hedge.
Mr. Tripp moved to recommend approval to the Zoning Board of Appeals subject to the following conditions:
Review is required for the work under the purview of the Conservation Commission prior to issuance of a Building Permit.
The Petitioner shall submit a landscaping plan which shall make use of evergreen plantings, such as white pine, for review by the Planning Board and subject to final approval by the Board of Appeals, landscaping to be installed prior to a final Certificate of Occupancy is issued.
The vote was unanimous (4-0).
Minutes:
January 29, 2007
Larry Rosenblum moved to approve the minutes of January 29, 2007 as presented; the vote was unanimous (4-0).
Administrative:
B396, Beaver Brook - Subdivision Completion – Release of Funds
Marc Garrett moved to release all funds held in the guarantee account for the completion of B396, Beaver Brook Estates; the vote was (3-0-1) with Loring Tripp in abstention.
Loring Tripp moved to adjourn at 8:20 p.m.; the vote was unanimous (4-0)
Respectfully Submitted,
Eileen M. Hawthorne Approved: February 12, 2007
Administrative Assistant
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