Planning Board Meeting
March 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, Paul McAlduff, Loring Tripp, III, and Marc Garrett.
Planning Board Alternate: Timothy Grandy
Staff Members: Lee Hartmann, Valerie Massard, and Caroline Quidort
Recording Secretary: Eileen Hawthorne
Form A’s:
A4251 – Map 83, Lots 23-54 (2.73A) and 23-55 (0.92A) - 101 Camelot Drive – Lot renumbering due to duplication: new lot numbers: 23-56 (2.73A) and 23-55 (0.92A).
Loring Tripp moved for the clerk to sign the plan; the vote was unanimous (4-0).
Appointment:
Pinehills LLC – MEPA Notice of Project Change
John Judge informed the Board that Pinehills LLC has filed its 7th Notice of Project Change with EOEA. The change is subject to MEPA review because Pinehills purchased a 69 acre parcel which it would like to add to the OSMUD. In order to add the parcel to the OSMUD, Pinehills will have to apply for a special permit. Mr. Judge stated that 70 percent of the 69 acre parcel would remain open space and would include a public walking trail with trail markers detailing the Leto family history and their ties to the land.
The Board requested that traffic monitoring be done continuously in order to determine if any mitigations would be necessary and creating a Traffic Demand Management Program.
Ms. Massard reminded the Board that Town Meeting action allows one unit to be added for each acre of land added to the OSMUD and what would be excluded from the acreage credits on land added to the OSMUD.
Malcolm MacGregor questioned the unit count with the addition of this parcel.
Mr. Judge stated that if this parcel was added to the OSMUD, the unit count would increase by 69. The 69 units could be constructed elsewhere in the development.
Marc Garrett asked if the parcel was a designated habitat and whether the property would meet conservation restriction requirements.
Mr. Judge stated that Pinehills is working with several different organizations to control the conservation restriction of this property. The parcel would be added to the 392 acre northern corridor that was created and will be placed under a full conservation restriction. Natural Heritage identified the habitat of the Eastern Box Turtle as outside the Pinehills property, but within the radius area.
Loring Tripp asked if there was a time frame for the work to begin and whether they were outside the power line easement.
Mr. Judge replied that the infrastructure has not extended into that area yet, so it would take at least a year and that they were just outside the power line easement.
Malcolm MacGregor asked how the sewer capacity is affected by the addition of land.
Mr. Judge stated that the DEP requirements for the sewer capacity created an excess capacity. DEP assumed that each home would have three bedrooms. Out of the 1,000 homes sold, 600 only have two bedrooms and several only have one bedroom. The plant is permitted for 933,000 gallons per day and is currently averaging 110,000 gallons per day.
Mr. MacGregor asked what happens to the system when it is operating at less than capacity.
Mr. Judge replied that the type of system that was installed is built in modules. The second modules should be completed around Thanksgiving. The goal is to stay ahead of the capacity that is needed, but not get too far ahead as the sewer plant would not operate efficiently.
Loring Tripp questioned the number of car trips on Old Sandwich Road.
Mr. Judge stated that the number of vehicle trips has decreased from last year.
Mr. MacGregor asked for an update on the Village Green.
Mr. Judge informed the Board that the indoor tennis and fitness center is under construction, Café Olio has expanded, the office building will be constructed after the leases have been secured and they anticipate presenting the plans for a grocery store soon. Mr. Judge stated that for Fiscal Year 2007 the total assessed value for the Pinehills was $6.34 million, there are currently 15 school age children living in the development, and they closed on 2002 homes with an average selling price of $500,000.
Loring Tripp suggested sending comments to MEPA regarding a basic package for infrastructure based on traffic increases, incremental mitigation for traffic impacts including widening of roads and intersection improvements at Beaver Dam and State Roads.
Marc Garrett suggested including in the letter to MEPA a reiteration of the OSMUD requirements due to the turnover in government and the time that has passed during the Pinehills construction.
BOA 3407 – Lindsay Least
Court Street/SP to waive side setbacks and enlarge non-conforming
Mark Flaherty presented a request for special permits to waive the side setbacks, enlarge a nonconforming structure and for EDC for a two family dwelling in order to demolish an existing garage and re-construct a two car garage with a one bedroom apartment above and a deck. Mr. Flaherty presented a map detailing the two family and multi family homes in the area in relationship to this property. There is an existing single family two bedroom home with a small detached garage on an 11,273 sq. ft. The existing garage is currently being used for storage and is two ft. from the abutting property line. The new garage would be ten feet from the property line and connected to the single family home by a one story addition. The driveway will be widened and a hammerhead turnaround will be provided for
vehicles to access Court Street in a safe manner. The garage will provide parking for two vehicles, with space for two vehicles in the driveway. On street parking is also available in the area. The lot is 180 ft deep with the front portion developed, a retaining wall in the middle, and the back area wooded. Stormwater will be contained on site.
Paul McAlduff moved to recommend approval to the Zoning Board of Appeals subject to the following conditions:
Architecture of the reconstructed building and addition should be in keeping with the surrounding neighborhood and attached dwelling, and shall not exceed the height requirements of the zone.
Traditional wood siding material shall be used. Wood siding is more in keeping with the neighborhood. Alternatives such as “hardy plank” or other acceptable alternatives to wood may be used conditional on said materials having been presented for approval by the Planning Board and the Board of Appeals in advance.
The apartment located above the garage will have a maximum of one bedroom.
The proposed decks shall not be enclosed.
Prior to issuance of an Occupancy Permit, a Registered Professional Engineer must certify that the drainage system, driveways, curbing, and parking areas have been installed according to accepted practices and in compliance with the Zoning Bylaw.
The vote was unanimous (4-0).
BOA 3408 – Crucita M Bolger
Little Sandy Pond Road/
Mark Flaherty presented a request for special permits to waive side setback requirements and to rebuild a non-conforming structure on a non-conforming lot and a variance of area, depth, width and frontage in order to demolish and existing single family dwelling and construct a new single family dwelling. The existing camp style building on block foundation and is in poor condition on a 3,000 sq. ft. lot with a width of 47’ and a depth of 98’. The new structure would consist of a 17’x30’ two story, one bedroom house with basement, a 6’x8’ deck, and a 4’x4’ front stoop and will be moved to the center of the lot. The property will have a deed restriction limiting the structure to one bedroom. A new well has been installed. New retaining walls will flank either
side of the proposed structure.
Paul McAlduff moved to recommend approval to the Zoning Board of Appeals subject to the following conditions:
The reconstructed dwelling will have a maximum of one bedroom.
Any further expansions made to the dwelling will be subject to review by the Zoning Board of Appeals.
The deck shall remain an open air structure and not be enclosed for year-round living purposes.
The vote was unanimous (4-0).
BOA 3406 – Eastport Bayside LLC
Caswell Lane/Modify SP for residential use
Ed Fuller presented a revised plan for a modification of special permits 1151, 1381, 1604, 1696, and 2059 including a waiver of any dimensional intensity and density requirements necessary in order to convert unused parking on this parcel within the overall complex in order to construct four residential condo units on property located on Caswell Lane. The previous petition for five units was denied without prejudice by the Zoning Board of Appeals which allows the applicant to reapply for a special permit if the project has a substantial change. The current petition shows a four unit attached structure that has a smaller footprint and a reduction in height from the previous petition. The revised structure also meets the front, side and rear setback requirements. Each unit will have three parking spaces with a
turnaround area for vehicles to pull out on to Caswell Lane. The open drainage swale will remain and no work is proposed on Town land. The rear living space has been reconfigured and will have wood decks lower to the grade. There will be private entry courts and porches for the front of each unit. The revised plan has been presented to the residential abutters and they have addressed the concerns of Withington & Betters and other tenants of Boat Yard Square.
Michael Price, Eastport Bayside LLC, stated that they had taken into consideration the comments of the Planning Board and the Zoning Board of Appeals when they revised the plans. Mr. Price felt that the lower density will help with the marketing of the project. Mr. Price stated that the revised plans have support from Boat Yard Square, with a request that the proposed sidewalk on the north side of Caswell Lane be eliminated.
Valerie Massard stated that DPW - Environmental Manager had requested that the open drainage swale remain and that the current plans reflect the discussions with DPW. The plans have received unanimous support from the Plymouth Center Steering Committee. Ms. Massard read into the record an e-mail from Atty. Robert Betters that supported the 4 units now proposed and requested that no sidewalk be required on the north side of Caswell Lane. Ms. Massard suggested that the conditions that the Board supported during the previous review were appropriate for this project.
Marc Garrett was supportive of the revised plans. Mr. Garrett asked what the condition of the drainage swale was.
Mr. Fuller replied that it is an open swale with invasive species growing in and around it and is littered with trash. The swale needs to be cleaned out. The roof run off will drain into the ground and then into the drainage swale. Maintenance of the drainage swale will be part of the homeowners association’s responsibilities.
Mr. Garrett suggested planting an herbaceous wetland seed mix around the drainage swale to help prevent the growth of the invasive species, Mr. Fuller agreed to this suggestion.
Malcolm MacGregor asked if a boardwalk to Nelson Field could be provided since the gate and the access have been eliminated.
Mr. Fuller replied that it was possible, but they would need permission from the Town.
Mr. Price stated that there was strong objection from the Town and the neighbors over the potential access to Nelson Field.
Ms. Massard suggested that the applicant could approach DPW about providing a gate. The original presentation showed a removal of a portion of the fencing along Nelson Field.
Loring Tripp was supportive of the revised plan, especially the turnarounds for vehicular safety. Mr. Tripp stated that the gate is a nice idea, but it would open these back yards to everyone in the park.
Paul McAlduff was supportive of the reduced density and the new site plan. He was also supportive of eliminating the sidewalk on the north side of Caswell Lane.
Marc Garrett moved to recommend approval to the Zoning Board of Appeals subject to the following conditions:
The structure(s) shall not exceed 35 feet in height.
Prior to issuance of a building permit, the Petitioner shall submit revised plans which show no sidewalk construction on the northerly side of Caswell Lane.
Prior to the issuance of a building permit, the Petitioner has agreed to submit a maintenance plan for the drainage swale after it has been cleaned out as proposed, and to change the plans to show that the contractor will use an herbaceous seed mix immediately after cleaning the swale to help desirable wetlands species out compete the undesired plants currently established.
The architecture and landscaping shall be in conformance with the materials presented with the Petition. Any changes deemed substantially different by the Building Inspector shall be presented to the Board of Appeals for approval prior to construction or installation.
Traditional wood siding material shall be used. Wood siding is more in keeping with the neighborhood. Alternatives such as “hardy plank” or other acceptable alternatives to wood may be used conditional on said materials having been presented for approval by the Planning Board and the Board of Appeals in advance.
The proposed drainage system shall be in compliance with the Town Building Inspector’s accepted practices and in compliance with the Zoning Bylaw.
The requirements of the Department of Public Works for connection to public water ands sewer shall be satisfied prior to issuance of a building permit.
All site lighting is to comply with the Light Pollution Bylaw. Light poles should not exceed twelve (12) feet in height.
The proposed decks/patios shall not be enclosed without further review by the Board of Appeals.
The project may be subject to the purview of the Conservation Commission. No work may begin on the property until all relevant environmental permits and licenses are received for the project.
Prior to issuance of a building permit, the plans shall be revised, if needed, to reflect accurate flood zones with respect to the advisory comments received from the Conservation Commission, and the Petitioner shall address the concerns with respect to building requirements for this site with respect to said flood zones.
If a trash receptacle is used on the site, it is to be located and screened from the public view.
Prior to issuance of an Occupancy Permit for any of the units at the site a Condominium Association shall be created and incorporate annual assessment for roadway maintenance, show plowing, landscaping, and other areas of common interest and concern. The Condominium Association shall also provide a maintenance program for drainage facilities and appurtenances, open space, parking and common drive/emergency access areas within the property to be maintained by the condominium association, which shall be detailed in the condominium association documents for the Condominium property.
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 issuance of an Occupancy Permit, a Registered Professional Engineer must certify that the drainage system, driveways, curbing, and parking areas have been installed according to accepted practices and in compliance with the Zoning Bylaw.
The vote was unanimous (4-0).
Site Plan Review (cont.)
BOA 3204 – Brad Cushing/Long Pond Road
Malcolm MacGregor read a letter from Atty. Robert Betters stating that the applicant is consulting with traffic engineers regarding issues that were raised at the last Planning Board meeting and that no further information is available at this time. Atty. Betters asked to be removed from the Planning Board’s agenda, but as they have not decided to withdraw from the Zoning Board of Appeals, the Planning Board may wish to issue a recommendation this evening.
Valerie Massard drew the Board’s attention to the map created by Caroline Quidort that details traffic accidents in this area of Long Pond Road. Ms. Massard stated that the retail in this area have changed substantially since the ZBA granted the permit approximately three years ago.
Caroline Quidort reviewed the motor vehicle accident information that was received from Captian Belmont of the Police Department and how it correlated to the map.
Marc Garrett thanked staff for the traffic information and asked if the petitioner had received a copy of the raw traffic data and the map.
Ms. Massard stated that they were meeting with their traffic consultant today, and staff can forward the accident data to the Petitioner.
Mr. Garrett suggested that the accident data would be helpful.
Loring Tripp moved for the Board not to support the site plans as proposed for the following reasons:
The enclosed accident reporting indicates a traffic safety issue for this stretch of roadway, and several new projects have been constructed in the area since the February 2004 granting of the Special Permit (3 years ago), notably the Friendly’s restaurant on the abutting property. Traffic measures are no longer safe as proposed on the original site plan schematics, the right turn only ingress is now within 50 feet of the exit from the Friendly’s restaurant, which will impede traffic flow on Long Pond Road and create a hazard to public safety.
The Planning Board suggests that the right-turn only ingress be moved closer to the signalized intersection, and since the Petitioner’s representatives indicate that the proposed new usage of the site allows for 15-17 parking spaces in excess of the minimum required by the Bylaw, the Petitioner has adequate room to construct a right-turn only lane for the decelerating vehicles to move out of Long Pond Road through-traffic to enter the site.
The site has remained raw and un-stabilized for several years, inconsistent with the zoning bylaw and creating a wind-blown erosion issue of dust and sand on Long Pond Road.
The proposed site configuration is substantially different from the previously approved site plans, and the proposed use no longer includes a restaurant, a substantially different use than shown on the previously approved site plan.
The architecture as laid out on the site does not adhere to street-front design criteria. The buildings appear to overburden the site as proposed and the parking could be pulled to the rear of the property to some extent to improve the landscaping and visual amenities of the proposed retail/commercial uses.
The vote was unanimous (4-0).
The Board took a five minute recess.
Site Plan Review
BOA 3379 - Karsten Company/Revere Copper – Copper Cove
John Iredale, Karsten Company, began the presentation of a revised site plan for the Copper Cove project on the former Revere Copper site. The revised plan shows a relocation of the drainage pipe, the creation of a courtyard with gazebo in the middle of the site, parking located underneath the buildings, and a revised bike path with parking.
Katherine Melina, Melina/Hyland design group LLC, further reviewed the revised site plan showing a single entrance to each garage and a walking path through the center of each building and through the middle of the site. The revised plan allows for a more community atmosphere.
Patrick Mulvey-Welsh, TLCR architecture, reviewed the changes for the architecture. The interior stairs from the garage have changed the elevations slightly. Each unit will still have a front porch. The height of the buildings will be below the 35 ft. height requirements and the rooflines have been changed to a more traditional gabled style. Mr. Mulvey-Welsh presented samples of the materials to be used and the proposed colors. The base of the buildings will be faced with stone or granite to create a water table and to hide the foundations.
Marc Garrett was supportive of the revised landscape plan. Mr. Garrett asked if the site could handle the parking underneath based on hydro-geologic conditions that have occurred it the past.
Mr. Mulvey-Welsh replied that the parking would be at current grade and there will be a low (21inch) wall along Water and Lothrop Streets.
Loring Tripp was supportive of the parking underneath the structures and felt that the additional green space which integrates well with the bike and walking paths would add value to the property.
Paul McAlduff was supportive of the improvements and felt that the courtyard would be a great amenity.
Malcolm MacGregor was also supportive of the proposed site plan.
Valerie Massard stated that during meetings with the proponents it was suggested that they look at the landscaping, possibly utilizing grass pavers, and check with Fire Chief to insure that there is adequate emergency access, to allow for DPW inspection during the relocation of the drainage pipe, creating a 20 ft. easement over the drainage pipe and reducing the number of staircases that tie into the sidewalk, and adding hedge rows or other plantings to create a break between the public and private space. There will be further review of the drainage, parking design, and the rail/trail concept.
Loring Tripp suggested making the central path a little straighter to allow for emergency equipment to pass through.
Mr. Mulvey-Welsh stated that they met with the Fire Chief last week and the plan is to utilize the bike path for emergency access. The path will be 18 ft. wide and possibly utilize grass pavers. Mr. Mulvey-Welsh also stated that each unit will have residential sprinklers.
Loring Tripp moved to support the site plan Based on the following:
The site plan has been revised significantly to address the possibility of creating more open space and pedestrian connections within the site, giving the project a greater sense of place, common green and access throughout the site. The proposed bike trail, landscaping and parking area will be constructed with the project. The parking has been pulled under the buildings, and the large Cold Spring drainage pipe will be re-routed in order to accomplish the proposed site plan. The number of units has not changed and the parking requirements are satisfied.
The Planning Board supports DPW and Planning staff recommendations and comments, below:
The number of staircases could be significantly reduced by creating a meandering walkway along the front of the buildings at the streets that connect to the entrances, with a few staircases that access the street sidewalk itself. The Petitioner has agreed to make consideration to reduce the number of staircase entryways into the public sidewalk.
There is significant fill to handle the proposed grades on the site, which reduce the size of the proposed retaining wall to 2-3 feet. Detail on the retaining wall is needed.
Grass pavers or gravel under the plantings are encouraged to allow emergency vehicles to access the site without damage to the landscaping. The Petitioner stated that they have met with the Fire Chief who has approved the plan using the rail-trail as emergency access, maintaining an 18-foot paved way and pavers and compacted stone dust where needed, which will support the weight of the fire apparatus. No confirmation has been received from the Fire Chief at this time.
Pervious surfaces have been reduced dramatically from the Revere-Copper use. DPW will need to review the new drainage configurations, and is willing to work with the proponent to allow limited sheet flow onto Lothrop if the proponent will in turn offer to improve the existing drainage pipe at Lothrop. Drainage calculations in this case will be allowed to include permeability for gravel use due to the nature of the property.
The Proponent has agreed to a condition of inspections for the moving/replacement of underground utilities, including the Cold Spring drain pipe. Reinforced concrete (RCP) will be the specified material for this pipe. The Petitioner has agreed to grant a 20-foot easement to the Town for the Cold Spring Drainage pipe in its new location.
RECOMMENDED CONDITIONS OF SITE PLAN APPROVAL: Prior to any site work or building permit being issued for the site (excluding soil borings or other exploratory site preparation), the Petitioner will return with full-sized detailed site plans that reflect the conceptual site plan as shown, which shall address the points noted above, show cross-sections of paving, bike path improvements, and drive widths, and shall address all of the relevant conditions of the special permit. Landscaping shall be shown on a separate sheet. The Petitioner shall include with said plan a detailed construction management plan which shall include the grading plan and the step-by-step process that will be used for relocating the Cold Spring drainage pipe including timelines for all environmental permitting requirements and proposed inspections for
this work. These plans shall be subject to review by Planning, Building and DPW staff with final approval by the Board of Appeals.
The vote was unanimous (4-0).
Minutes:
None
Administrative:
Site Plan Review - B539, 292 Summer Street
Valerie Massard presented the revised site plan in accordance with the conditions of approval for the above-referenced Special Permit. Adequate fire flow pressure has been confirmed through testing on the McRae site (adjacent).
The notes on the plan regarding the proposed plantings are proposed to be changed to read “or suitable alternative to be approved by Planning staff.” This is in order to address the possibility that the sumac, which has an excellent stabilization capacity, may not be desirable as a landscaping feature along the driveway long-term. The proponent is going to investigate other suitable options or look at second-phase plantings with respect to management of the sumac, and staff is recommending the proposed language so that the substitutions, if any, would not require further Board action.
The requests for adjustments to the drainage have all been provided for in the plan. Staff is recommending, and the proponent has agreed, that the site plan approval would be conditioned on receipt of a summary report on the drainage changes which will be subject to review by the Town Engineer and/or peer review and must be found to be acceptable.
The open space has been reconfigured as requested.
The 20-foot drainage easement has been continued through the southwest corner as requested.
The Proponent anticipates returning with the ANR plan at a future date and with the proposed open space restrictive covenants available in advance.
Paul McAlduff moved to approve the site plan as presented; the vote was unanimous (4-0).
Four O’Clock LLC
Loring Tripp moved to release lot 14K-150; the vote was unanimous (4-0).
B527 - John Paul Estates (a.k.a. Black Cat Estates)
Loring Tripp moved to extend the covenant for the above-mentioned subdivision for one year and for the Board to re-endorse the plans; the vote was unanimous (4-0).
Loring Tripp moved to nominate Paul McAlduff as the Planning Board’s representative to the Cemetery Committee; the vote was unanimous (4-0).
Loring Tripp moved to adjourn at 9:30 p.m.; the vote was unanimous (4-0).
Respectfully Submitted,
Eileen M. Hawthorne Approved: March 19, 2007
Administrative Assistant
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