Planning Board Meeting
April 9, 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.
Planning Board Alternate: Timothy Grandy
Staff Members: Lee Hartmann, Valerie Massard, and Caroline Quidort
Recording Secretary: Eileen Hawthorne
Form A’s:
A4256 - Pinehills - Pine Cobble Map 77D – lot line adjustment; Lots 10-71A and 10-72A.
Larry Rosenblum moved for the clerk to sign the plan; the vote was unanimous (5-0).
A4247 – Long Beach, Town of Plymouth & Laughlin Realty Trust - Land Court Plan for Re-endorsement – Showing break wall, concrete bounds and old water line (1928 Plan)
Paul McAlduff moved for the clerk to sign the plan; the vote was unanimous (5-0).
A4254 – Bows, Map 100, Lot 38A, 292 Summer St (VOSD B539) - subdivide Lot 38A (1.86A) into Lot 38A-2 (1.02A), 38A-3 (0.75A), and 38A-4 (0.08A)
Marc Garrett moved for the clerk to sign the plan; the vote was unanimous (5-0).
A4257 – Corsini, Map 69, Lot 56-5, Halfway Pond Road – Subdivide lot 56-5 (7.90A) into Lots 56-13 (4.14A) and Lot 56-14 (3.76A)
The Board took no action.
A4255 – Whipple – Bump Rock Road Map 80; divide existing Lot 4A-5 into 2 lots (4A-6 and 4A-7) and reconfigure Lot 4A-4.WITHDRAWN
A4258 – Whipple, Map 80, Lot 4A-5, Bump Rock Road – Subdivide into Lots 4A-6 (10.0A) and 4A-7 (14.83A). Continued to the next meeting for further review.
Public Hearing (cont.) – TDR/MURA Overlay District
(will request no action)
Lee Hartmann informed the Board that there would be an informational meeting with the West Plymouth Steering Committee on April 25, 2007 at 7:00 p.m. in the cafeteria at Plymouth Community Intermediate School for further review of the potential MURA Overlay District in West Plymouth. Mr. Hartmann suggested that staff continue to work on the article, but as the deadlines to have the article ready for Spring Town Meeting have passed the article be continued for Fall Town Meeting.
Loring Tripp moved for the Board to table the proposed article until fall; the vote was unanimous (5-0).
BOA 3355 – 4 OC LLC
Advisory Review Condition of Approval – Site Plan
Attorney Robert Betters presented the review of a condition of approval (BOA 3355) for the site plan for HarborOne Credit Union and Sovereign Bank/Dunkin Donuts to be constructed on Commerce Way. The HarborOne Credit Union would consist of 3,400 sq. ft. with a two lane drive through and the other building would consist of Sovereign Bank (3,000 sq. ft. with a single lane drive through) with an attached Dunkin Donuts (1,200 sq. ft. with a single lane drive through). Atty. Betters handed the proposed landscaping plan for the HarborOne building and a signage plan to the Board.
Valerie Massard stated that the plans are consistent and appropriate in terms of scale and size and asked if the rooftop mechanicals would be screened.
Christina McMahon replied that the vents and flues would be located at the rear of the HarborOne building and would be painted black.
Peter Glick explained that the mechanicals for the Sovereign Bank/Dunkin Donuts building would be at the rear, between the attached structures and would be fenced in. There would also be two concrete pads to house the electrical equipment that would be landscaped and screened.
Larry Rosenblum stated that the plans detailed a successful massing and substantial visual interest.
Atty. Betters reviewed the signage plan at the request of Mr. McAlduff.
Loring Tripp had some concerns with the flow of traffic utilizing the drive-through and passing lanes around the Sovereign Bank/Dunkin Donuts building where the vehicles would cross traffic.
Mr. Glick explained that the cues for each drive through are set up separately and would have adequate signage.
Ms. Massard suggested that the traffic flow could be peer reviewed.
Mr. Rosenblum stated that if there were adequate signage and controls it could work.
Jack Mehl stated that the pattern is similar to the one at the CVS and bank on Pilgrim Hill Road, but would have an additional exit lane.
Marc Garrett stated that the CVS site can be problematic because it does not have the dedicated escape lane.
Loring Tripp moved for the Board to notify the Board of Appeals that the site plan and landscape details as presented were approved; the vote was unanimous (5-0).
The Board will review the signage at a later date.
BOA 3416 – Caranci
Pinewood Road – SP Gravel Removal for cranberry bog improvement
William Shaw, Associated Engineers, presented the proposal for gravel removal for cranberry bog improvement on property located off Pinewood Road. The project would restore the Naragansett Pond to its original size and condition from its present state as a converted cranberry bog. Approximately 115,000 cubic yards of gravel would be removed.
Valerie Massard was concerned with the proposed ingress and egress to the site through a small dead-end residential cul-de-sac (Pinewood Road) or the alternative through the Pinewood Mobile Home Park off South Meadow Road. The gravel removal project would generate an estimated 8-9,000 minimum truck trips over a two year period. Ms. Massard suggested the following points for discussion:
Consider a deadline for completion of the work once commenced, such as two years from start of excavation.
The existing conditions survey and aerial photographs show an access road around the existing property. The excavation clearly shows that the access road will be impacted by the excavation. Is there adequate width along the property line to re-construct an access road around the pond – is an access road needed to properly operate the pond?
Is the Petitioner willing to place a truck scale at the site prior to commencement of any additional earth removal, no later than ten (10) business days after the effective date of this special permit, with copies of all tear sheets for the truck scale will be supplied to the Building Inspector with the monthly reporting required per the original special permit conditions?
Will the Petitioner agree to allow access to the site for periodic inspections by the Town or its designated representative, and to cover the costs of said inspections through the contingency account managed by the Planning Office. All funds not expended during the construction project shall be refunded upon satisfaction of all conditions and completion of the work?
Is the Petitioner willing to provide an “as-built” survey which verifies that no more than approximately 115,000 cubic yards of material were removed? A GPS-generated survey plan is acceptable for this purpose.
Ms. Massard also felt that the West Plymouth Steering Committee (WPSC) and the residents of the mobile home park should have an opportunity to review the proposed plans.
Larry Rosenblum was concerned with the impact the project would have on a dense residential area.
Marc Garrett suggested that the applicant construct a temporary road over property that would not impact the neighborhoods and recommended that the plan be presented to the West Plymouth Steering Committee.
Paul McAlduff also felt that an alternative to the proposed truck route should be presented.
Mr. Shaw felt that the utility roads around the mobile home park might be used for ingress and egress.
Malcolm MacGregor requested that the truck route be presented on a full size plan and that the Board would like the input from the WPSC before continue the discussion.
Lee Hartmann suggested that the applicant notify the abutters in the vicinity of the proposed haul roads.
Marc Garrett moved to continue the review of BOA Case 3416 to April 30, 2007 in order to allow for presentation of the proposal to the WPSC, an alternative truck route layout, and notification to abutters; the vote was unanimous (5-0).
BOA 3417 – Magnum Dvpt. Corp.
Seven Hills Rd.; SP 2-Fam. & waive front setbacks on a major street
William Madden, GAF Engineering, presented the request for special permits to establish a two-family dwelling and waive the front setback on a major street in order to construct a two-family dwelling on a vacant lot. Maintaining the 100 ft. setback requirement would require more tree clearing and would move the structure closer to the existing cell tower.
Caroline Quidort stated that the lot was created recently through an ANR plan and meets the minimum lot size for a two-family dwelling. Ms. Quidort presented a map showing the location of the cell tower and the residential land use of the surrounding area. Ms. Quidort suggested looking at alternatives to break up the visual impact of the two units and using an alternative to vinyl siding. She also requested that landscaping be installed.
Marc Garrett suggested reconfiguring the driveway to loop instead using hammerheads as this is a high traffic area. Mr. Garrett stated that backing out onto Seven Hills Road would be a disaster. Mr. Garrett preferred an alternative to the vinyl siding.
Mr. Madden said that the looped driveway was considered and could be incorporated into a design change but the front setback would have to remain at 35 ft. Mr. Madden stated that vinyl siding was proposed in order to keep the cost low to attract first time homebuyers.
Malcolm MacGregor suggested that the driveway come in from the north and have a turnaround with trees to buffer from road. Mr. MacGregor suggested moving the house back toward the cell tower.
Larry Rosenblum agreed with maintaining a vegetative buffer along the street and suggested providing an amenity for the residents. Mr. Rosenblum suggested that a one unit structure would be more appropriate.
Loring Tripp asked about the pricing of the units.
The applicant stated that the three bedroom, 1.5 bath units would be priced at approximately $265,000.
Mr. Tripp suggested that one unit would be more appropriate as the current plan has no front yard.
The applicant stated that they were trying to keep the structure as far away from the cell tower as possible.
Paul McAlduff suggesting adding a porch or cupola to the house to add interest and make the structure appear as two separate homes.
Larry Rosenblum moved to recommend denial to the Zoning Board of Appeals based on the plans presented with the Board’s concerns outlined as follows:
The proposed use is appropriate to the zone and this specific site. Two-family dwellings are an allowed use through the Special Permit process and the lot meets the requirements of the minimum lot size. However, the lack of an appropriate buffer between the road and the proposed dwelling is not appropriate along a Major street.
Adequate and appropriate facilities will not be in place to serve the proposed use. The driveway leaves little room for the possibility of two cars per dwelling unit –if one is parked in the hammerhead turnabout, the other would have to back into Seven Hills Road to leave the property, which is unsafe. Town water is available at the site. The petitioner has proposed a separate septic system for each unit.
There is a potential hazard to pedestrians and/or vehicles. The petitioner proposes a common driveway with two curb cuts. The driveway does not have adequate space to accommodate two cars per dwelling unit. The current configuration could create the situation where if one car is parked in the hammerhead turnabout, the other would have to back into Seven Hills Road to leave the property, which is unsafe. Section 205-23 of the zoning bylaw requires enough parking for 2.6 spaces per 3-bedroom dwelling unit. There are no sidewalks along Seven Hills Road.
The proposed dwelling will have an adverse effect upon the neighborhood. The architecture of the proposed structure is not in keeping with the neighborhood and has limited visual interest. The intent of the 100’ setback along Major streets is to discourage direct access to abutting properties, create a buffer between the high volume of traffic and residences, and to attempt to create a rural appearance along the street.
The suggestions the Board made to the plan, to which the Petitioner was agreeable and willing to revisit and explore to modify the proposed plan are as follows:
At a minimum:
The driveway could be moved to the north on the lot, creating a buffer with less clearing of the vegetation between the house and the street.
The house could be situated at a 90 degree turn from its current configuration, leaving an opportunity for a front yard and rear yard as living space/usable area, and using the existing topography to more advantage.
Maintain the trees so that the structure is screened from the road, as the architecture and materials are not in keeping with the neighborhood.
Do something to break up the units, such as individual porch fronts.
Even better:
The driveway could become a semi-circle so that there is no need to back and turn around, especially if a more northerly curb cut were added.
Break up the units visually with architectural features, landscaping, offset the units, etc. - or any combination of these features.
Use cedar shakes and roof shingles (or a reasonable facsimile) to make the units fit better into the surrounding neighborhood. Reduce the project to one unit and use more attractive exterior materials and landscaping, site planning.
Move the unit to the easterly portion of the lot, set back off Seven Hills Road and maintaining the forested nature of the lot with screening, and create a livable yard space in this area. This will still allow the wooded features in the rear to block the view of the cell tower, something the developer feels is a benefit to the proposed siting of the house.
Any combination of these site planning opportunities would represent a significantly improved proposal.
BOA 3399 – Justice, Priscilla Beach Rd
Advisory Review Condition of Approval - Architecture
Randy Parker, Land Management Systems, Inc. presented the final architectural plans for the proposed three-story single family dwelling. The structure will be grey with white trim and a darker grey roof and will fit in with the surrounding structures. The Design Review Board has reviewed the plans and is supportive.
Paul McAlduff moved to recommend approval of the site plan to the Zoning Board of Appeals; the vote was (4-0-1) with Marc Garrett in abstention.
BOA 3413 – Kusmin
State/Sachem Roads; SP demo/reconst. nonconf; access
Atty. Lawrence Winokur presented a lengthy dissertation on the proposed demolition of three existing cottages in order to construct two detached two-story single family dwellings. New septic systems will be installed and the site will be serviced by Town water. The Board reviewed the proposal recently, but an access determination was not included in the petition. The Manomet Steering Committee and the Design Review Board are supportive of the proposal.
Mark Flaherty, Flaherty & Stefani Inc., reviewed the site plan for the project. A small Versabloc or stone retaining wall would be constructed to the rear of the site to retain the sloped area and the existing trees would remain to provide screening for the home behind the site. The existing 10’ to 12’ access would be widened to 18’ for approximately 140’ from State Road, along Sachem Road. Drainage would be contained on site. A landscaped barrier in the middle of the site would separate the two units. The site is not in a habitat or aquifer area and there are not ground water issues. The plans have yet to be presented to the Fire Chief.
The Board was supportive of the changes to the petition and the access improvements.
Marc Garrett moved to recommend approval to the Zoning Board of Appeals subject to the following conditions;
A Condominium Association shall be created and incorporate annual assessment for roadway maintenance, snow plowing, landscaping, drainage, wastewater treatment and other areas of common interest and concern. The Homeowners/Condominium Agreement shall also incorporate provisions regarding the ownership and maintenance of the common landscaped/natural areas.
Prior to the issuance of a Certificate of Occupancy, the Petitioner will provide plans prepared by a Registered Professional Engineer which show improvements to address drainage and surfacing, as required by the Board of Appeals. The Fire Chief and Town Engineer or Town’s consulting engineer shall review and approve the proposed road and drainage improvements, and said improvements shall be reviewed by the Planning Board with final approval by the Zoning Board of Appeals.
Prior to the issuance of a Certificate of Occupancy, said improvements are to be installed under the supervision of a Registered Professional Engineer. The engineer must certify that the improvements noted above have been installed in accordance with the conditions noted herein and accepted installation practices.
The vote was unanimous (5-0).
Minutes:
None
Administrative:
Site Plan Review – Pebbles, Water Street (continued from April 2, 2007)
Ms. Massard presented a memorandum that addressed the Board’s questions regarding the proposed addition above the existing Pebbles Restaurant on Water Street. The addition would provide a storage area for restaurant supplies and have a one bedroom residential unit. The memo identified the zoning district as Downtown/Harbor (DH), the project is an allowed use (minimum SF must be 600 SF for the residential unit) and the square footage is not an issue as the entire structure could be converted to residential. The project will comply with the dark sky bylaw, ADA requirements, and the signage bylaw, will have adequate sewer, and will require payment into the off-street parking fund. The site plan has been approved by the Historic District Commission.
Paul McAlduff moved to recommend approval of the site plan as presented to the Building Commissioner; the vote was (3-1-1) with Loring Tripp in opposition and Larry Rosenblum in abstention.
Paul McAlduff moved to adjourn at 9:35 p.m.; the vote was unanimous (5-0).
Respectfully Submitted,
Eileen M. Hawthorne Approved: April 23, 2007
Administrative Assistant
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