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: None
Staff Members: Valerie Massard and Caroline Quidort
Recording Secretary: Eileen Hawthorne
A Forms:
None
B517 – Great South Pond Place – Sprinkler Discussion
Malcolm MacGregor reopened the discussion regarding the condition that required residential sprinklers in the B517 – Great South Pond Place Subdivision. At the last meeting the Board voted to uphold the condition. Mr. MacGregor stated that the cost of the installation is higher than originally anticipated and there are maintenance issues. The Board received a memorandum from the Building Commissioner stating that the Town does not have any regulations to enforce and without approved state standards, the Building Department does not recommend requiring sprinklers on a unit-by-unit basis.
To meet this condition, Atty. Robert Betters asked the Board to consider the following in lieu of the installation of residential sprinklers:
Wood roofs are not permitted, and fire resistant materials shall be used in construction of the home as much as practicable.
Fine mesh shall be provided over any intakes into the home to minimize ash intrusion.
Wire mesh shall be provided over roof gutters to minimize leaf and debris build-up.
All underbrush with a minimum of one hundred (100) feet shall be cleared around the home.
Larry Rosenblum supported upholding the condition that required the installation of the residential sprinklers as they are a life saving measure. Mr. Rosenblum felt that even though the state and town are silent on the issue, it would not preclude the applicant from following through with the condition. Mr. Rosenblum suggested asking Town Counsel’s opinion as to whether the condition was enforceable. He also requested the information regarding the cost and maintenance.
Paul McAlduff agreed that the sprinklers save lives, but if the condition is unenforceable by the Town he was in support of amending the requirement. Mr. McAlduff felt that until the state or town has adequate language and a way to enforce the requirement of residential sprinklers it would not be fair or equitable to impose the condition on one developer.
Mr. McAlduff moved to find that Condition #1 is adequately addressed by replacing the requirement for residential sprinklers with the following fire suppression methods:
Wood roofs are not permitted, and fire resistant materials shall be used in construction of the home as much as practicable.
Fine mesh shall be provided over any intakes into the home to minimize ash intrusion.
Wire mesh shall be provided over roof gutters to minimize leaf and debris build-up.
In making its determination, the Board expressed a desire to have a fair and balanced approach to residential fire suppression sprinkler systems in all residences, and a desire to have a better knowledge of enforcement, maintenance, cost, liability and other issues associated with such systems in order to implement them in new construction in the Town. The goal of including residences such as single-family homes, which currently are not required to have such systems in place under the Massachusetts Building Code, is one of safety: prevention of loss of life and property. Although the condition in question is enforceable as a matter of a negotiated permit condition, it is difficult in these circumstances to establish a mechanism of enforcement at this time for this project.
The vote was (4-1) with Larry Rosenblum in opposition.
Presentation – Community Preservation Committee (CPC) Articles
Article 14 – North Street Library
William Keohan, CPC Chair, presented the committee’s Spring Town Meeting article which would utilize $998,000 of CPC funds to acquire in conjunction with the Plymouth Art Guild the North Street Library. The Town would retain ownership of the land and the Guild would own and restore the buildings. The acquisition would include the following: the placement of a historical preservation restriction on the property; through a ground lease with the Town of Plymouth the Guild would own and restore the building; a provision of a right of first refusal by the Town if the Guild were to sell the building; a member of the Board of Selectmen would be appointed to be a member of the Guild’s board; meeting space would be available for Town committees and Guild events would be free for Plymouth residents under the
age of thirteen. The Guild has applied for a Mass. Cultural Fund Facilities Grant in the amount of $500,000 to be used for the restoration. The former Russell Library will be renovated to include a stage and performing art center and the Linden Building would be used for non-profit art groups office space on the second floor with the lower level used by the Art Guild for office space with some leased retail space.
Article 14A – Hedge House Restoration 1809 Hedge House
Mr. Keohan presented the CPC’s Spring Town Meeting article which would utilize $92,500 of CPC funds to aid in the restoration of the 1809 Hedge House and Memorial Garden on Water Street. The Antiquarian Society has already funded over $325,000 for the restoration of the buildings which will reopen to the public at the end of 2007. The Memorial Garden was removed to allow for installation of a drainage system and will be restored as closely as possible to a 1924 original drawing of the gardens. The agreement would include a historical preservation restriction and be open to Plymouth residents for 10 years free of charge. The Memorial Gardens will be open to the public after hours as well.
Paul McAlduff moved for the Board to support Articles 14 and 14A at Spring Town Meeting; the vote was unanimous (5-0).
Site Plan Review
Russell Street/condos
Atty. Edward Angley handed out architectural drawings for a proposed three-bedroom, three unit, attached townhouse structure at 11 Russell Street. The architectural drawings showed the traffic pattern for the site where vehicles will access and leave the site through one curb cut on Russell Street.
Ed Fuller reviewed the site plan for the multi-family structure which is an allowed use in the Downtown Harbor (DH) District. The attached townhouse units will have six parking spaces in the basement level with three additional spaces behind the structure which will be accessed through a shared parking easement with the existing parking lot for the structure to the rear of this site. The area residences have granite walls which terrace the properties. Granite walls will also be incorporated into the landscaping of this site. The exterior of the buildings will be clapboard with porches on the front. The structure will cover 42% of the site with 50% of the site being green space. The final drainage plans have not been completed, but will include rain gardens with leaching structures below.
The Historic District Commission has reviewed the project and made suggestions that were incorporated into the drawings presented to the Planning Board.
Elspeth Franks presented a three dimensional model of the massing that could have been allowed on the site and what is proposed.
Valerie Massard stated that the presentation was helpful to identify the proposed massing of the property and the surrounding area. Ms. Massard stated that the project is a by right use subject to review by the Historic District Commission and parking is consistent with the bylaw. Ms. Massard suggested that the parking easement be recorded prior to the issuance of any occupancy permits. The proposed setbacks vary from 10’ to 15’ and are consistent with other properties in the area. Ms. Massard asked the proponents to comment on the proposed height of the structure and the lighting plan.
Atty. Angley stated that the average height of the building would be 34’ with the top of the chimney at 39’ and that the lighting will comply with the dark sky bylaw.
Marc Garrett asked about the setback between the Sever Building and the proposed structure.
Atty. Angley replied that the setback between the buildings is 20’.
Larry Rosenblum complimented the team for the three dimensional presentation. Mr. Rosenblum was supportive of the number of units and the proposed architecture, but had concerns with the front setbacks. Mr. Rosenblum suggested that a plan and/or photographs that detailed the setbacks on both sides of Russell Street should be presented.
Valerie Massard stated that it is the Building Commissioner’s role to interpret whether the setbacks are appropriate. The Planning Board recommends whether a project is consistent with the bylaw.
Marc Garrett who was very familiar with the street and the setbacks of the existing structures felt that the setbacks for this project would be consistent, but was supportive of Mr. Rosenblum’s request for further information.
Loring Tripp asked what the view of the new structure would be from the houses on the western side of Sever Street.
Atty. Angley and Mr. Fuller presented the sketches that detailed the views.
Malcolm MacGregor stated that the structure would fit in nicely with the setbacks of the surrounding area. Mr. MacGregor questioned how the rain gardens would be designed and maintained to tolerate the fluctuations of the New England weather.
Mr. Fuller replied that there will be leaching structures under the rain gardens with plantings hardy enough to withstand the fluctuations in the weather. If there is a drought the plants would have to be watered and maintained by a homeowner’s association.
Paul McAlduff felt that the project would be a great improvement to the area and did not have an issue with the proposed setbacks.
Loring Tripp moved for the Planning Board to notify the Building Commissioner that the proposed building is acceptable and that the site plan complies with the minimum requirements of the zoning bylaw if the below conditions are satisfied:
Compliance with the Prevention of Light Pollution Zoning Bylaw must be documented. Lighting details should be submitted.
Prior to issuance of an occupancy permit: a Registered Professional Engineer must certify that the drainage system, drive ways, curbing and parking areas have been installed; and a Registered Landscape Architect or other qualified licensed professional must certify that the required landscaping has been installed; all according to accepted practices and in compliance with the Zoning By-law and the approved site plan.
Compliance with ADA requirements must be documented.
The Town Engineer must approve the proposed drainage design and calculations.
Internal sprinkling and fire alarm systems must be provided if required by the Fire Chief.
The vote was (3-2) with Marc Garrett and Larry Rosenblum in opposition.
The Board did not make a recommendation on the setbacks.
Marc Garrett temporarily left the meeting.
Site Plan Review
690 State Road
Loring Tripp recused himself and left the room.
Ed Fuller presented the site plan review for property located at 690 State Road. The existing building was a medical clinic which has been vacant for a few years. The building will be renovated into a 100 seat restaurant (Foppiano’s) on the upper level with 2,500 sq. ft. of office space on the lower level, which is an allowed use. The location of the building provides full circulation around the building for emergency vehicles. Foppiano’s would relocate their restaurant to this site (their former site burned). The parking will be increased from 36 spaces to 46 spaces and the septic and drainage systems will be upgraded. The landscaping will also be upgraded. The alternative access/egress onto Brook Road will have signage and will be narrowed to discourage a left turn. The lighting will consist of smaller more intimate poles and lighting will comply with dark sky bylaw. Architectural plans for the interior renovations have been completed.
Mark Flaherty, Flaherty & Stefani, Inc., reviewed the drainage and septic improvements. The parking lot will be repaved and re-striped and new landscaping will be installed. The building and site will comply with ADA requirements. There are existing hydrants on State and Brook Roads.
Valerie Massard was supportive of the proposal as the landscaping and drainage renovations would be a significant improvement to the site and there is adequate maneuverability within the site. Ms. Massard was also support of the one way, right turn only traffic flow onto Brook Road.
Paul McAlduff moved to notify the Building Commissioner that the proposed building is acceptable and that the site plan complies with the minimum requirements of the zoning bylaw if the below conditions are satisfied:
Evidence of recording of Reciprocal Easements for access at the Registry of Deeds should be presented prior to issuance of an Occupancy Permit, if needed.
Compliance with the Prevention of Light Pollution Zoning Bylaw must be documented.
Prior to issuance of an occupancy permit: a Registered Professional Engineer must certify that the drainage system, drive ways, curbing and parking areas have been installed; and a Registered Landscape Architect or other qualified licensed professional must certify that the required landscaping has been installed; all according to accepted practices and in compliance with the Zoning By-law and the approved site plan.
Compliance with ADA requirements must be documented.
Internal sprinkling and fire alarm systems must be provided if required by the Fire Chief.
Signage will comply with the Bylaw or additional permits will be required.
The vote was unanimous (3-0).
Loring Tripp rejoined the meeting.
BOA 3417 - Magnum (cont.)
Seven Hills Road/SP 2-Fam. & waive front setbacks on Major street
William Madden, GAF Engineering, Inc. presented a revised plan for a project that the Board reviewed at their April 9, 2007 meeting. At that meeting the Board recommended denial of the petition. The revised plan shows a relocation of the proposed dwelling farther away from Seven Hills Road (165’), which eliminates the need to waive the front setback requirements on a Major Street.
The revised plan shows the relocation of the proposed building, with a parking and landscaped areas in front of the structure and would require the applicant to submit a Form A lot line adjustment plan. A buffer area to provide screening from the street has also been provided. The new parking spaces with a turnaround area will prevent backing out onto Seven Hills Road.
25 relocated building 165 ft setback, a new buffer between the road and structure, landscaping added, recommends approval, a new parking area, no backing out onto seven hills road.
Larry Rosenblum and felt that the revised plan was a vast improvement that addressed the concerns of the Board.
Loring Tripp stated that the revised plan provides a nice yard and the turnaround in the driveway makes it a better project.
Paul McAlduff 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 Building Permit, the Petitioner shall return to the Planning Board and the Zoning Board of Appeals with plans that show the stormwater containment system for the site.
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.
Plan errors shall be corrected and shown on the ANR plan. The ANR plan shall make note of the Special Permit and shall be recorded prior to the issuance of the Building Permit. Corrections to the plan shall include:
In the General Notes section note #5 shall be updated to reference the current flood insurance rate map community panel.
In the Site Data section the front setback note shall be corrected to show the 100’ setback.
In the Seeding & Mulching Notes section note #2 shall indicate 6” of soil worked into the subbase.
A curb cut permit shall be issued prior to the issuance of the Building Permit. Septic and leaching areas shall meet the appropriate Board of Health regulations.
The vote was unanimous (4-0).
BOA 3418 – Frederick & Richards
West Long Pond Road/SP waive setbacks
Mark Flaherty presented a request for a special permit to waive the front setback requirements in order to construct a two-car detached garage with storage space above. The 24’x24’ garage would not be utilized for living space. Mr. Flaherty presented photographs of the house site, the proposed location of the garage, and existing garages in the area. Mr. Flaherty stated that the topography of the lot does not allow for an attached garage to the existing single family dwelling. The project will also have to be reviewed by the Conservation Commission and Natural Heritage as the proposed garage is within the 100’ buffer area from Long Pond.
Loring Tripp asked if the 10-10-20 setbacks would apply to the garage as the house is pre-existing, non-conforming?
Valerie Massard stated that those setbacks would only apply if the garage was attached to the preexisting, nonconforming single family structure.
Larry Rosenblum asked about the number of trees that will need to be removed.
Mr, Flaherty replied that the grading would be minimal with two or three trees to be removed.
Loring Tripp moved to recommend approval to the Zoning Board of Appeals subject to the following conditions:
Any work occurring under the purview of the Conservation Commission will require permits. Proper authorization must be received from Natural Heritage for work within priority habitat for rare and endangered species, if applicable.
The loft above the garage bays shall not be converted into a dwelling or living space.
The vote was unanimous (4-0).
Marc Garrett rejoined the meeting.
The Board took a five minute break.
BOA 3419 - Sweeney
Bay View Ave/SP EDC 15,000 SF Lot
Randy Parker, Land Management Systems, Inc., presented a request for a Special Permit subject to EDC in order to reduce the minimum lot area below 20,000 sq. ft. The lot with the existing single family home (20,970 sq. ft.) would have its frontage on Bay View Ave. and the newly created lot (15,030 sq. ft.) would have its frontage on Brookside Ave.
Caroline Quidort informed the Board that DPW is concerned with containing gravel and fill on site to keep it from washing into Wellingsly Brook.
Marc Garrett moved to recommend approval to the Zoning Board of Appeals subject to the following conditions:
A curb cut permit will be required prior to the issuance of a Building Permit.
Prior to the issuance of a Building Permit for Lot 10-1, the Petitioner must appear before the Planning Board and the Zoning Board of Appeals for a site plan review. During and after construction access to Lot 10-1 shall be controlled so that gravels and stones are contained on site and do not end up in Wellingsly Brook.
Any work falling under the purview of the Conservation Commission will require permits.
The vote was unanimous (5-0).
BOA 3420 – Correa Irrevocable Living Trust
Seven Hills Road/Variance of width
Randy Parker, Land Management Systems, Inc., presented a request for a Variance of width in order to re-divide a lot on a Major Street to be allowed to construct an additional dwelling on a separate lot. Mr. Parker showed several conceptual options for subdividing the property: a small cul-de-sac with two lots; a 25’ wide road with hammerhead turnaround servicing two lots; an attached duplex with a shared driveway; an ANR plan; and the preferred option of two separate lots with a shared driveway.
Valerie Massard reviewed the options with the Board and Mr. Parker, and it was determined that the small cul-de-sac and the ANR plan appeared to be viable options for this site. The duplex option would require a Special Permit. Ms. Massard presented a map that detailed parcels in the area that are held in common ownership.
Loring Tripp asked if the property was in a Village Center?
Ms. Massard replied that it was.
Loring Tripp suggested that a VOSD might be appropriate.
Mr. Parker stated that he has advised his client to pursue the variance instead of coming in under subdivision control because of financial reasons. A VOSD did not lend itself well to this site with respect to the open space requirements.
Larry Rosenblum stated that the Board could not consider financial hardship in making their recommendation.
Ms. Massard confirmed that the Board does not look at hardship, and should focus on the shape, soil conditions, area or topography when making their recommendation.
Marc Garrett stated that variances are difficult to obtain, and when there are other alternatives available it weakens the argument for granting a variance.
Larry Rosenblum moved to recommend denial to the Zoning Board of Appeals based on the following:
The Petitioner did not demonstrate a unique circumstance relating to soil conditions, shape, or topography of such land or structures and especially affecting such land or structures but not affecting generally the zoning district in which it is located. The Petitioner filed conceptual plans B and D which show by-right scenarios for how the subject property could be divided into two lots without the relief sought from the Zoning Bylaw which is the subject of this petition. There are other landowners in the zone who have lots combined for zoning purposes with similar circumstances, similar-sized and similar-shaped lots.
Desirable relief may not be granted without substantial detriment to the public good. The intent of the 200’ lot width along Major streets is to limit 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 requested relief cannot be granted without nullifying or substantially derogating from the intent or purpose of the Bylaw, which is to prevent the overcrowding of land. The Petitioner filed conceptual plans B and D which show by-right scenarios for how the subject property could be divided into two lots without the relief sought from the Zoning Bylaw which is the subject of this petition.
The vote was unanimous (5-0).
Administrative:
Town/County
Larry Rosenblum presented a rough concept sketch of a proposed road system for the Obery Street area. The proposed road system would create a separation between the residential neighborhoods and a civic center by installing a circuit breaker and a road that would loop around the County buildings. Mr. Rosenblum suggested also creating a corridor to connect the Library and Nook Road to the civic area. The concept would also provide a bicycle path and pedestrian connection to the public buildings. Mr. Rosenblum suggested that the Board send an informal note to the Board of Selectmen for them to consider the conceptual road system plan.
Loring Tripp had some concerns about increasing the traffic on Nook Road, but that further review was merited. Mr. Tripp stated that another alternative could be a green boulevard.
The Board felt that those working on the Facilities Master Plan and all the Town, County and State departments that are reviewing and studying the area should be working together to draft a comprehensive plan for the area.
Larry Rosenblum moved for the Board to communicate with the Board of Selectmen to schedule a discussion about proposed road improvements to the Obery Street area and that the Board would like to work with the BOS, the DPW, the County, etc. to present their ideas.
The vote was unanimous (5-0).
Larry Rosenblum moved for the Board to send a request to the Board of Selectmen for them to move forward with the appointments to the committee that will be reviewing the “1000 acre” parcel; the vote was unanimous (5-0).
Paul McAlduff moved to adjourn at 11:05 p.m.; the vote was unanimous (5-0).
Respectfully Submitted,
Eileen M. Hawthorne Approved: May 30, 2007
Administrative Assistant
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