Planning Board Meeting
February 26, 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: 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:
A4247 – Map 37A, Lots 310-313 and Lot I – Long Beach – Lot Line Adjustment Plan to create Land Court Lots 4 (23,570 sf) and 5 (2.45A) per Article 27 – October, 2006 Town Meeting: Lot 310 to be combined with a portion of lot I to create Lot 350 (0.69A); Lots 311, 312, & 313 to be combined with Lot H to create Lot 351 (1.0 A); and the remainder of Lot I to become Lot 349 (2.45A)
Marc Garrett moved for the clerk to sign the plan; the vote was unanimous (4-0).
A4248 – Map 80, Lots 12-1 (1.64A) and 12-2 (0.94A) – Lot line adjustment plan to create lots 12-3 (1.64A) and 12-4 (0.94A)
Larry Rosenblum moved for the clerk to sign the plan; the vote was unanimous (4-0).
A4249 – Map 91, Lot 12-13 (.46A) – Building envelope relocation
Larry Rosenblum moved for the clerk to sign the plan; the vote was unanimous (4-0).
Informal Site Plan Review
17 Winslow Street
Russell Stefani presented the site plan review for an 845 sq. ft., one-story retail addition to an existing apartment building at 17 Winslow Street. The building currently has five one bedroom apartments. The basement apartment will be eliminated and utilized as retail/storage space. The retail addition will front on Water Street and have a handicap access ramp. The final plans have been presented and approved by the Historic District Commission (HDC) subject to the review of construction documents prior to the issuance of a building permit. The existing stone wall would be removed and a lower stone wall will be constructed along either side of the proposed addition.
Caroline Quidort noted that the property currently has five parking spaces and the applicant proposes to pay into the off-street parking fund in lieu of the seven parking spaces that would be required with this addition.
Larry Rosenblum questioned the differences between the railings and roofline and windows shown on the elevations provided.
Richard Stefani explained that the original presentation showed a flat roof deck with an open railing surround. The final plan shows a higher roof façade with no direct accessibility from the apartment building.
Lee Hartmann stated that the HDC wanted to discourage the use of patio furniture, umbrellas, lighting, etc. on the deck area in the Historic District.
Mr. Rosenblum asked how the vote taken on March 20, 2007 by the Board of Selectmen to raise the parking fees would affect this project and what the use of the retail space would be.
Mr. Hartmann felt that the increase in fees would not apply as this application was filed prior to the vote.
Mr. Stefani replied that it would most likely be an upscale retail shop. He does not intend to lease as a food establishment.
Mr. Rosenblum questioned why the addition was a single story instead of multi-level.
Mr. Stefani stated that a multi-level addition was not supported by the HDC.
Mr. Hartmann explained that in general the HDC is trying to insure that there are variations in height and massing along the waterfront.
Loring Tripp asked if there were any archeological constraints with the site due to the historic area.
Mr. Stefani explained that the original structure was built approximately 1825, but the existing addition was constructed sometime in the 1960’s. Originally the addition was supposed to be a sandwich shop, but was converted into a residential unit.
Marc Garrett asked about the landscaping for the project and encouraged creating a softer edge with landscaping along the sides.
Mr. Stefani stated that there would be some plantings beds on the sides with boxwoods and Japanese holly and some planter boxes in the front.
Paul McAlduff asked if the plan has been presented to the Plymouth Center Steering Committee.
Mr. Hartmann stated that as this project is an allowed use it does not require presentation to the steering committee.
Loring Tripp moved to notify the Building Commissioner that the site plan complies with the minimum requirements of the zoning bylaw after the following issues are addressed:
Notification shall be submitted to the Building Commissioner that the site plan will comply with the requirements of the Zoning Bylaw after the following issues are addressed.
Prior to issuance of an occupancy permit a Registered Professional Engineer must certify that the drainage system has been installed according to accepted practices and in compliance with the Zoning Bylaw and the approved site plan.
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.
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.
In lieu of providing the 7 required parking spaces on-site, the petitioner will pay into the off-street parking fund.
Landscaping, such as boxwoods and Japanese hollies, will be utilized to soften the streetscape in front of the proposed addition.
The vote was (4-0).
Public Hearing – The Nature Conservancy
College Pond Road/RDD
Timothy Grandy joined the Board for the public hearing.
Paul McAlduff read the public hearing notice and opened the public hearing.
Robb Johnson presented the proposed RDD to subdivide lot 9X into lots 9-1 (3.01A), 9-2 (1.85A), and 9-3 (18.39A). The current owners would retain the existing house that would be on lot 9-1.and ownership of lot 9-2 which would have a conservation restriction. Lot 9-3 will be purchased by the Town with assistance from The Nature Conservancy and will have a conservation restriction held by the Wildland’s Trust. Mr. Johnson agreed to the recommended condition of no further subdivision of any of the lots, but requested that the current owners retain their rights to make any alterations to and/or reconstruct the existing single family dwelling.
Valerie Massard replied that staff had no objection to that request. Ms. Massard was supportive of the 20 acres that would be preserved. Ms. Massard stated that no new construction of driveways or curb cuts is proposed. The acquisition of this property as open space will allow for pedestrian travel from the Town owned Phoenix and Holmes cranberry bog preserves via a pedestrian easement. The pedestrian link may be extended to the Fish and Wildlife property and may eventually connect to the State Forest.
Marc Garrett asked if the existing gravel drive would remain as access to lot 9-2.
Mr. Johnson stated that the existing gravel drive would remain as access for the family and to provide access to the Town for maintenance of the open space. Mr. Johnson suggested moving the existing gate closer to College Pond Road to prevent public vehicle access.
Loring Tripp moved to close the public hearing; the vote was unanimous (5-0).
Loring Tripp moved to approve the RDD subject to the following conditions:
The petitioner agrees to waive his or her right to further subdivide the lots shown as Lots 9-2 and 9-3, 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. 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.
There may be a subsequent Plan of Division of Land filing on the Petitioner Land under the Approval Not Required Process under Subdivision Control Law to create the lots as shown on the Plan. The decision will be recorded with said ANR plan.
Prior to endorsement of the Approval Not Required plan, verification of payment of the back taxes, interest and fees owed to the Town for the land shown on the Approval Not Required plan, if any, is to be provided to the Planning Board for Lots 9 and 10.
Prior to the endorsement of the ANR plan, the Petitioner shall present evidence of an executed Purchase and Sale Agreement (P&S) between the landowner and the Town. Said P&S shall include title insurance on the land. The Planning Board makes no guarantee that the Town will accept the parcel; in the event that the land is not accepted, a mutually agreeable alternative shall be approved by the Planning Board.
Prior to endorsement of said ANR plan, the Petitioner shall provide a written commitment to preserving the privately held open space (shown as Lot 9-2) as permanent open space land. Within six (6) months of the recording of the ANR plan, the Petitioner shall provide evidence of the conservation restriction to be placed on the privately held open space (Lot 9-2), and said conservation restriction will be recorded. In the event that the land is not accepted for a conservation restriction by the Wildlands Trust of Southeastern Massachusetts, a mutually agreeable alternative shall be approved by the Planning Board.
Evidence that this Special Permit Decision and the ANR plan have been recorded with the Plymouth County Registry of Deeds shall be provided to the Planning Board.
Four (4) sets of full sized copies of all drawings comprising the Approval Not Required 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.
For purposes of this Decision, recording of the ANR plan will be considered “substantial use” of this Special Permit.
The vote was unanimous (5-0).
Informal Site Plan Review
BOA 3204 – Brad Cushing, Long Pond Road
Atty. Robert Betters began the presentation of a site plan review for final the architectural drawings of a proposed retail building on Map 89, Lots 34F-1 and 34F-13. The site plan review was required as a condition under the BOA Case # 3204 special permit.
Howard Levine, Cramer, Levine & Company, presented the architectural renderings for a single retail structure dissected by a drive-through passage (eight tenants). Materials would include cultured stone material across the base and pylons; pre-cast concrete curb below the storefront where it meets the sidewalk; the body of the building would consist of an exterior insulation finishing system on three sides with the rear constructed of concrete block material; rubber membrane roofing; fabric awnings and decorative lighting. Patio seating is proposed in front of Starbuck’s.
William Shaw, Associated Engineers, informed the Board that a preliminary lighting plan and a full landscaping plan would be submitted for review prior to a request for an occupancy permit.
Valerie Massard asked for clarification on the height of the structure and the parking requirements. Ms. Massard stated that the configuration of the curb cuts remains as presented in the original BOA case. An easement for a right of way on Long Pond Road had been agreed to as well as $10,000 toward the corridor traffic study, and Ms. Massard asked about the status of these items.
Mr. Levine replied that the structure would have varying heights that will not exceed the height limitations. There will be rooftop mechanicals that will be hidden by the parapets.
Mr. Shaw stated that the documents for the easement have been given to the Town’s engineer and that the plan has fifteen more parking spaces than what is required.
Ms. Massard had no more questions on the plan as presented with the expectation that more detailed plans for the lighting and landscaping would be presented at a later date.
Loring Tripp stated that the right hand lane at the southerly end of the site would be for ingress only.
Ms. Massard clarified that the first right hand lane would be for ingress only and that another ingress/egress would be at the signalized intersection for the Shops at Five with another curb cut onto Holman Road.
Mr. Tripp asked if the drainage would be contained on site.
Mr. Shaw stated that all drainage would be handled on site.
Marc Garrett was very concerned with the current traffic flow in this area of Long Pond Road and with ingress/egress of the curb cut onto Holman Road. Mr. Garrett felt that existing conditions were hazardous and the additional traffic would make a dangerous situation worse. Mr. Garrett also had some reservations regarding the intensity of the proposed use. Mr. Garrett suggested that mitigations such as temporary wind breakers be provided to prevent the hazard of the sand blowing onto the roadway now and during the construction process as build out for this plaza would be approximately two to three years out.
Mr. Tripp suggested eliminating the right only entrance and providing a right turn lane closer to the signalized intersection. He felt there would be a problem with acceleration and deceleration on Long Pond Road due to the proximity of the Friendly’s exit. Mr. Tripp was also concerned with the traffic in the area and also felt that the proposed use may be too dense. Mr. Tripp suggested reconfiguring the parking to allow for a better traffic flow on the site and/or moving the parking to the rear of the structure.
Larry Rosenblum was concerned with the combined intensity of uses on this section of Long Pond Road. Mr. Rosenblum was concerned with how this project would affect the one through lane to the residential area. Mr. Rosenblum suggested reducing the uses on the site, breaking up the buildings more, shielding the structure with increased landscaping, widening and mounding the green buffer, and installing knee walls.
Mr. Hartmann reminded the Board that the special permit that was granted was for use which triggers the curb cuts on Long Pond Road and that given the existing traffic conditions, a peer review could be done to review the revised plans.
Ms. Massard stated that DPW has retained consultants to do a study of the Long Pond Road/ Obery Street corridor, which is underway at this time, to look at some of these traffic issues.
Mr. Shaw suggested having a traffic expert address the Board when the curb cuts, landscape and lighting plans are reviewed.
Mr. Tripp moved for the Board not to support as presented.
Mr. Shaw stated that the meeting with the BOA to review the architectural renderings is scheduled for March 14, 2007 and he could ask for an extension.
Ms. Massard reminded the Board that they did not support the abutting Friendly’s project for some of the same issues with the traffic.
Mr. Garrett moved to take no action as there have been changes to traffic patterns since the original permit was granted in early 2004 and because the use on the subject property has changed and should be re-examined; and he would like to see further information.
Ms. Massard suggested continuing the review to next week.
Mr. Tripp withdrew his motion and recommended a continuance to next week.
Mr. Garrett withdrew his motion and the Board agreed to continue the review until next week.
Public Hearing (cont.)
TDR/MURA Overlay District (to be continued)
Lee Hartmann updated the Board on the presentation of the proposed article which would create landing areas for TDR’s to the Steering Committees. Mr. Hartmann has presented the article to the Manomet, Cedarville and West Plymouth Steering Committees. The West Plymouth Steering Committee would like to bring this to the next level and will be hosting a public meeting in April to review the proposal with the abutting neighborhoods.
Loring Tripp moved to continue the public hearing to April 9, 2007 at 7:15 p.m.; the vote was unanimous (4-0).
Plan Review – Existing Conditions
B474 - Wadsworth Estates
Atty. Robert Betters stated that the staff report and existing conditions plan that was in the Board’s packets outlines the status of the project. The work is consistent with the gravel removal in preparation for the subdivision. Atty. Betters requested that the covenant be extended for two years and that the Board re-endorse the mylars which will then be held until such time as a new special permit for adequate facilities has been approved. The applicant has already provided $100,000 for the performance guarantee.
Valerie Massard reviewed the map that corresponded with the pictures presented, which showed the proposed road layout near the areas that are being graded.
William Shaw, Associated Engineering, stated that the gravel removal is within the limit of the cuts and are moving toward the beginning of the subdivision road construction. The tailings and piles will be removed before the subdivision is started. The hill along Hedges Pond Road has been left for screening purposes until they are closer to the completion of the gravel removal.
Paul McAlduff asked if a portion of Hedges Pond Road would be straightened.
Mr. Shaw stated that when the subdivision road is cut in, the area will be widened thereby straightening a portion of the road.
Loring Tripp moved for the Board to extend the covenant for two years and re-endorse the mylars to be held until the special permit for adequate facilities has been approved; the vote was unanimous (4-0).
Landscape Plan – Four O’Clock LLC
BOA 3355 – Commerce Way/Resnik Road
Atty. Robert Betters presented a conceptual landscape plan that creates a streetscape along Commerce Way. In the future a presentation will be made of the building and landscaping plans for the specific buildings. The streetscape plans detailed an approximately 30 ft. strip of land that would be landscaped, mounded, and irrigated. The landscaping would include 40 trees, 180 shrubs, 150 ornamental grasses, and 375 perennials.
Larry Rosenblum suggested the applicant provide a cross section that would show the impact of the height of the mounding and the view from vehicles. He felt that it was hard to evaluate if the elements would have a major impact without the grading information. Mr. Rosenblum suggested adding a knee wall on the parking lot side to create an edge to the parking lot.
Marc Garrett asked if the areas that look like sand traps were the ornamental grass pads.
The landscaper stated that they were the ornamental grass pads and would be integrated to create more of a garden feel and year round visual interest. They are also integrating native plants consistent with those that were removed from the site for more of a garden feel. Mr. Garrett questioned the use of wetland species that require large quantities of water to survive and wanted to insure that the soil would support the plants. Mr. Garrett asked if the peripheral landscaping would be carried internally in the site design.
Atty. Betters stated that the proposed plants would be carried internally and definitive landscape plans would be submitted with each phase of the project.
Mr. Garrett suggested including physical features such as walls to create interest and buffering.
Larry Rosenblum asked if there were sidewalks. Mr. Rosenblum suggested that greater visual details would be a traffic calming measure.
Atty. Betters stated that there is an existing sidewalk along Commerce Way.
Ms. Massard informed the Board that the West Plymouth Steering Committee was supportive of the proposal.
Tom Wallace stated that a wall surrounded by plantings and a flag pole would be installed to introduce the industrial park. He would like to start the plantings this spring.
Paul McAlduff asked if there was another wall on the eastern side of the site.
Mr. Wallace replied that there was, but he was concerned whether there would be a safety issue.
Loring Tripp moved to support the conceptual plan as presented with a suggestion that a portion of the bond be held for two growing seasons to insure the viability of the plantings.
Mr. Garrett suggested submitting cross sections to show the visual impact and details of the soil amendments proposed for use with the wetland species.
The vote was unanimous (4-0).
Atty. Betters commented that the applicant has participated in the Commerce Way corridor study to address the traffic in the area.
Minutes:
February 12, 2007
Larry Rosenblum requested that the following sentence on page three be eliminated: “Mr. Rosenblum felt that the sketch presented was equivalent to the proposed ring road at Long Pond Road, near Exit 5.”
Loring Tripp moved to accept the minutes as amended; the vote was unanimous (4-0).
Administrative:
Town Meeting – Rezone Cherry Street
The Board endorsed their vote for Article 31, the proposed rezoning of Cherry Street from LI to MC.
B475 – Watercourse Place – Lot Release
Marc Garrett moved to release lots 12-13 and 12-39 in the B475, Watercourse Place subdivision; the vote was unanimous (4-0).
B534 - 298 Summer Street
Valerie Massard presented a request for findings on B534 – 298 Summer Street subdivision submitted by a potential buyer represented by Attorney Larry Winokur in preparation for a closing. The draft findings are as follows:
The Board has received a copy of a letter dated September 14, 2006 from the Massachusetts Division of Fisheries and Wildlife indicating that the site is not mapped as Priority or Estimated Habitat and will not require permits from Massachusetts Natural Heritage.
The conditions of Paragraph 5a. through e. have been met.
The conditions of Paragraph 6a. and b. have been met.
The open space lot has been offered to the Town pursuant to a letter of counsel for the petitioners dated August 2, 2006, which offer satisfies the conditions of the special permits.
The revised site plan dated December 11, 2006 was reviewed and approved by the Board on December 11, 2006.
The above approvals are subject to the condition that no Certificate of Occupancy shall be issued on Lot 39-37 until all work depicted on Lot 39-37 on the December 11, 2006 plan, and all work depicted on both Lots 39-36 and 39-37 on said plan, relative to the area depicted as a common driveway and related landscape construction, as well as any related work in the Summer Street layout, is completed.
Larry Rosenblum moved to approve as recommended; the vote was unanimous (4-0).
Loring Tripp moved to adjourn at 9:20 p.m.; the vote was unanimous (4-0).
Respectfully Submitted,
Eileen M. Hawthorne Approved: March 19, 2007
Administrative Assistant
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