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:
None
Update
West Plymouth Steering Committee
Robert Morgan updated the Board on the activities of the West Plymouth Steering Committee. The committee has reviewed plans for the Bay Colony Baseball Team, the expansion of Colony Place and potential projects for the Vogel and Silva properties. Road and highway issues reviewed by the committee include the proposed runabout at Montgomery Drive, the restriping of Samoset Street, the proposed traffic signal at the entrance to Marc Drive and Plymouth Commons. The committee has received several concerns with the lane merge on Commerce Way and awaits the traffic studies to see if any mitigation is proposed. One continuing issue that the committee is concerned about is the lack of sidewalks in the West Plymouth area.
Marc Garrett asked whether the West Plymouth Village Master Plan is still relevant to the committee or does it need to be adjusted and amended?
Mr. Morgan replied that some revisions are needed. West Plymouth has yet to create a village center. Mr. Morgan stated that the committee would be willing to work toward revising the current master plan.
BOA 3403 – Andrew & Paula Zigouras
Centennial Street/SP to enlarge non-conforming
Valerie Massard informed the Board that this petition cannot be granted, based on the findings, after consultation with the Building Commissioner and Town Counsel. The petitioner has been advised. Staff has suggested that a Village Open Space Development may be more appropriate for the site.
Larry Rosenblum suggested that during the VOSD process the curb cuts be reduced from the two existing to one curb cut.
Loring Tripp suggested that it might be appropriate to incorporate a circular driveway.
The Board took no action on BOA 3403.
Minutes:
February 5, 2007
Loring Tripp moved to approve the minutes of February 5, 2007 as presented; the vote was (4-0-1) with Paul McAlduff in abstention.
BOA 3405 – S & C Construction LLC
Braley Lane/Comprehensive LIP
Atty. Edward Angley informed the Board that he has reviewed the staff report and is in agreement with the suggested conditions.
Valerie Massard stated that the applicant has worked to provide driveways off both Braley Lane and Fieldstone Way, to stagger the four units and provide as much open space as possible for each unit. A landscaping plan, a copy of the MOU for the one affordable unit and a copy of the site approval and eligibility letter from the State has been provided. The landscaping plan shows a rain garden for surface run off, a six foot high fence between units and the access easement off Fieldstone Way. The plantings would be a mix of evergreens and deciduous trees.
Larry Rosenblum commended everyone for their hard work on this petition. Mr. Rosenblum suggested an alternative parking scenario for the units off Braley Lane that would eliminate having the vehicles back onto Braley Lane.
Atty. Angley stated that if the alternative worked from an engineering standpoint, they could incorporate it into the plan.
Loring Tripp was also concerned with vehicles having to back onto Braley Lane.
Paul McAlduff moved to recommend approval to the Zoning Board of Appeals subject to the following conditions:
Full compliance with the requirements of the Commonwealth of Massachusetts Department of Housing and Development correspondence dated August 22, 2006, letter of determination of site eligibility and preliminary approval under LIP.
Full compliance with the Memorandum of Understanding between the Plymouth Housing Authority and the Petitioner dated June 12, 2006 regarding the LIP program, as amended, subject to final approval by the Board of Appeals. Any amendments proposed by the Board of Appeals are subject to further review by the Director of Community Development prior to final approval by the Board of Appeals.
Drainage shall be contained on site to meet the requirements of the Building Inspector and Best Management Practices of the Commonwealth of Massachusetts Department of Environmental Engineering.
The proposed exterior building materials shall be contained in the submitted plans and should be consistent with “traditional coastal colonial materials” or an approved facsimile such as “hardie plank.”
Adequate water pressure (both static and fire flow) shall be demonstrated. Any requirements of the Fire Chief with respect to hydrants shall be met.
The roadways, utilities, drainage systems, wastewater collection systems, and all other infrastructure shown on the Approved Plan shall remain private until such time, if any, as they may be accepted by the Town. As long as they remain private, the Town shall not have any legal responsibility for the operation or maintenance of the roadways and other infrastructure in the Development Project, including but not limited to snow removal and trash collection.
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 commencement of any construction activity on the Site, and prior to applying for any building permits for the Development Project, the Petitioner shall provide the Board and the Building Commissioner with: (a) a copy of a municipal lien certificate indicating that all taxes, assessments and charges due on the premises have been paid; (b) evidence that all federal and state licenses and permits required for the development and that all local approvals, permits and licenses not expressly included in this Comprehensive Permit, have been obtained; and (c) evidence that the Approved Plan and this Comprehensive Permit have been recorded in the Registry of Deeds for Plymouth.
Any instrument for sale or transfer of rights or interest in all or any part of the Site shall include a condition that successors are bound to the terms and conditions of this Comprehensive Permit. This Comprehensive Permit may not be transferred by the Petitioner to any other person or entity without the written approval of the Board and the execution of any instruments or documents that may be required pursuant to Town Counsel’s direction for the continuing enforcement of this Comprehensive Permit.
The provisions of this Comprehensive Permit shall be binding upon the Petitioner and its successors and assigns, and the authorizations and obligations hereunder shall run with the land.
The Petitioner shall set aside area(s), as illustrated on the Plan to be owned in common by the dwelling owners, and shall place appropriate restrictions and covenants on such areas designating the allowable uses and maintenance responsibilities.
If a trash receptacle is used on the site, it is to be located and screened from the public view as shown on the Plan.
The vote was unanimous (5-0).
Administrative:
B437 – Pinehills LLC – Street Name Change
Paul McAlduff moved for the Board to approve the name change for a road in the Pinehills Development from “Four Greens” to “Five Lanterns”; the vote was unanimous (5-0).
Public Hearing (cont.)
Rezone Cherry Street, LI to MC
Atty. Lawrence Winokur addressed the Board regarding the proposed rezoning of several parcels off Cherry Street. During previous meetings the Board had raised concerns about the uses and permitting process that would be applicable if the zoning was changed and the changes to the topography of the site that would be proposed. Atty. Winokur handed out copies of portions of the zoning bylaw that would be applicable to the Mixed Commerce zone which includes a stricter special permitting process and a topographical map showing details of the changes.
Lee Hartmann stated that if the proposed zoning change were approved, a special permit and/or a special permit subject to environmental design conditions would be required for almost any use where the structure would be over 10,000 sq. ft.
William Shaw, Associated Engineers, explained the topographical map showing a yellow line at the bottom representing the existing wall on the Concord Electric property and the upper yellow line showing a potential wall that would be 500 ft. further back from the highway and would be approximately 10 ft. lower than the existing second tier wall. Approximately 480,000 cubic yards of material would be potentially available on the site. He also suggested that if the wall was backed up 500 ft and the land was lowered by 20 ft, the impact could be mitigated and the face could be vegetated.
Larry Rosenblum felt strongly that before any zoning change takes place, alternatives should be further explored because of this site’s unique visibility from both Rtes 3 and 44. Mr. Rosenblum suggested that a new zone could be created that would have conditions built in to shape an outcome that would be acceptable.
Paul McAlduff questioned whether the second wall abuts the WPLM property.
Mr. Shaw replied that the wall does not abut the WPLM property, it is approximately 25 ft. away from the property line and it is smaller in height than the current wall.
Lee Hartmann clarified that the first existing wall would remain and the second wall would be removed.
Loring Tripp stated that he was comfortable with the proposed rezoning as it would insure that the site was cleaned up if necessary and the level of permitting would allow for more control under the special permit process. Mr. Tripp felt that the allowed uses under LI zoning would be more intrusive. He also stated this area which is close to an interchange is appropriate for commercial growth.
Marc Garrett although reluctant to support more retail, felt the level of review under the proposed zoning change would be adequate.
Paul McAlduff was in favor of eliminating the salvage yard use and cleaning up the site. He felt the proposed change would allow for more controls.
Mr. Tripp asked how many acres of level site would there be?
Mr. Shaw replied that there would be approximately 14 acres of level site.
Mr. Tripp stated that if the roads and drainage were subtracted there would be approximately 10 acres of buildable area which could allow for the construction of twenty light industrial units under current zoning.
Malcolm MacGregor was not supportive of allowing any more retail uses.
Loring Tripp moved to recommend support of the zoning change from LI to MC to Town Meeting; the vote was (3-2) with Larry Rosenblum and Malcolm MacGregor in opposition.
Larry Rosenblum requested that the vote include the deliberation of the Board and the Board agreed to this request.
BOA 3401 – Plymouth Housing Authority
Court Street
Atty. Edward Angley began the presentation for a modification of existing special permits (1168, 1237, & 2169) in order to add 35 units of affordable, elderly housing to an existing building and to construct a 9,000 sq. ft. office building on property owned by the Plymouth Housing Authority. The property is located off Court Street and is known as the Cherry Hill elderly housing complex. Atty. Angley stated that a portion of the funding ($2 million) is from CPC with additional funding from the State. The funding from the State required that the proposed office building be on a separate lot and under separate ownership.
Paul Blanchard, Blanchard Architects, stated that the existing 80 unit - five story building has only one elevator and elevator in the new addition would be available for use by both buildings. Mr. Blanchard presented the proposed plan which showed the addition to the existing building and a parking area shielded from Court Street by the new office building. The office building may become the new office space for the Plymouth Housing Authority. A conceptual rendering of the buildings showed a gable roofed office building with the architecture of the addition similar to the existing building. A prefinished synthetic siding will be used. Mr. Blanchard stated that the proposed conditions in the staff report were acceptable.
Larry Rosenblum asked what the height of the addition from the new parking lot would be. Mr. Rosenblum suggested adding public terraces on the two upper floors of the building that could be shared by everyone in the complex. The terracing would soften the edge of the building, provide fabulous views of the harbor and downtown, and soften the impact on the community.
Mr. Blanchard stated that the building height is about 44’ at the ridge with the ridge being 51’ from the parking lot.
Loring Tripp moved to recommend approval to the Zoning Board of Appeals subject to the following conditions:
Prior to the issuance of a Building Permit for each building, the following shall be submitted for approval to the Zoning Board of Appeals, with advisory review by the Planning Board:
A construction management plan shall be submitted, which shall include, as a minimum, control of noise, litter, lighting and hours of operation.
Final detailed landscaping and architectural plans shall be submitted, at full size, which will incorporate, at a minimum: (a) plantings around and throughout the proposed new structures; (b) traditional wood siding material or a suitable alterative (such as “Hardie Plank” i.e. cement board) shall be used on the new office building, which is more in keeping with the neighborhood; will take into account the comments of the Plymouth Center Steering Committee; and will incorporate some architectural elements on the eastern elevation of the addition to break up the façade, such as usable or elemental terraces, varying materials or color tones, and/or roofline changes to the extent practical given financing and other considerations which will impact this consideration. Said plans shall be subject to advisory review by the
Plymouth Center Steering Committee, Design Review Board and Planning Board, subject to final approval by the Board of Appeals.
All roof top mechanicals are to be screened from public view to the satisfaction of the Board of Appeals.
Revised drainage design which takes into account the comments of the DPW advisory review subject to final approval by the Board of Appeals.
The Petitioner must receive appropriate approvals from the Plymouth DPW with respect to the water and sewer connections.
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.
The height of the parking lot light fixtures shall prevent light trespass onto abutting properties and shall be consistent with the Prevention of Light Pollution section of the Bylaw, and exterior lighting throughout the site shall be consistent with that already existing on the site. Revised plans showing light fixtures shall be submitted to the Board of Appeals, with advisory review by the Planning Board.
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:
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.
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.
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, if any, on the site will be constructed out of pressure treated materials as a façade at minimum.
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.
Documentation as to the maintenance program for the facilities will be managed (i.e. will the Housing Authority be leasing all space, who is responsible for general maintenance of the grounds and property, buildings) shall be submitted to the satisfaction of the Building Inspector.
The vote was unanimous (5-0).
A discussion was held on whether to include both positive and negative deliberations in the Planning Board’s recommendations to Town Meeting when there is a split vote. The Board decided to include both.
Loring Tripp moved to adjourn at 8:55 p.m.; the vote was unanimous (5-0).
Respectfully Submitted,
Eileen M. Hawthorne Approved: February 26, 2007
Administrative Assistant
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