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Planning Board Minutes June 4, 2007
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, Larry Rosenblum, and Marc Garrett.
Planning Board Alternate: Timothy Grandy
Staff Members: Lee Hartmann, Valerie Massard, and Caroline Quidort
Recording Secretary: Eileen Hawthorne

Laurence Pizer, Town Clerk, swore in Larry Rosenblum who was re-elected to a five year term on the Planning Board.   

A Forms:
None

PresentationA.D. Makepeace Workshop
        TDR/Open Space
Larry Rosenblum and Loring Tripp recused themselves from this discussion and joined the audience for the presentation.  
Lee Hartmann introduced the first in a series of workshops to be held by the Planning Board regarding the proposed A.D. Makepeace project.  The first workshop will address the open space component of the project; the second workshop will focus on traffic and roundabouts (May 21st); with the third workshop addressing the development locations, and the master plan (June 4th).  The idea is to concentrate development in defined areas while preserving and protecting as much open space as possible.  A portion of the open space will have conservation restrictions while other areas may allow for recreational uses but will have restrictions that prohibit development.  The Town has made a decision to trade large four-bedroom single family homes on 1.5 or 3 acre parcels for additional smaller units.   
Tom Berkley, A.D. Makepeace, stated that the company has a commitment to land stewardship and open space preservation.  The goal is to incorporate active cranberry operations, with  sustainable conservation based real estate projects.  Mr. Berkley presented maps showing Makepeace properties surrounding Myles Standish State Forest.  The proposed project in Plymouth would encompass the Agawam Core area (1,300 acres), and the Halfway Pond areas (400 acres).  The Halfway Pond East area has already established 54 Transfer of Development Rights (TDR) certificates.  The Halfway Pond West area could generate 78 as of right lots with open space areas and the Agawam Core parcel could generate 471 lots with a substantial road system and very little open space.  The percent and types of open space within the 400 acre development pods needs to be defined.
Utilizing the TRVD conversion factors in the RR zone with 650 development credits, the property could yield 300 single family units, 386 2-bedroom attached units, 108 3-bedroom attached units, and 148 1.5-bedroom attached units with 90,000 sq. ft. of commercial space.   Approximately 1,600 acres of environmentally significant land would be permanently protected.   The new traditional rural village center will also service the surrounding communities.  The privately funded and maintained infrastructure will reduce impacts on Town services.  Makepeace is working with MNHESP to identify appropriate areas in which to concentrate development.  The conservation restrictions will reflect both the TDR and MNHESP agreements.  
Valerie Massard presented a map which details the existing open space in the town and how the proposed Makepeace open space would add a substantial preserved area.  There is a possibility to provide trail connectors throughout the open space that would create a link from Boston to the Cape.
Lee Hartmann stated that the Town, working together with Makepeace, has to consider providing public access and connections to the trails and Agawam River corridor to allow for biking, hiking, birding kayaking, horse trails, and public amenities such as ball fields. There is also the potential to create a wildlife sanctuary.   There will be varied levels of protection through conservation restrictions and homeowner’s association documents for limited or no public access in certain areas with public access to recreation areas.  The next steps are to continue with the workshops; complete the peer review of the traffic study; review and comment on the fiscal impact analysis; complete the TDR reviews; and conduct the public hearings for the special permit application.  
Paul Hapgood stated that traffic is of a major concern to the residents in the area and asked how the roads would be phased.  
Mr. Hartmann replied that the traffic workshop will be held at the Planning Board meeting on May 21, 2007.   
Helen Hapgood asked for clarification of where the connector road would access Bourne Road.
Mr. Berkley indicated that the area where the connector road would access Bourne Road is staked.  
The Hapgoods asked for better map locators (such as houses with addresses) identifying the location of the new connector road intersection with Bourne Road.
John O’Connor asked how much of the proposed open space would be cranberry bogs and how much of the existing wooded areas would be removed.   
Judy Kohn, A.D. Makepeace, replied that she would check the numbers, but she thought the bog area was approximately 10 percent.   
William Abbott asked if the peer review of the traffic information would be available prior to next weeks meeting and whether the TDR certificates will have landed at the time of filing.
Valerie Massard indicated that the peer review would not be completed prior to the next meeting.   
Mr. Abbott asked for a second traffic workshop so we can follow-up on the comments raised and respond to the Town’s peer review of the traffic study.  Mr. Abbott asked to front end TDRs, that is to develop units by landing TDRs (from Halfway Pond) and using less of the on-site as-of-right during the initial phases of development.
Marc Garrett asked what type of instrument will be used to protect the open space.
Ms. Kohn stated that conservation restrictions will be placed on the TDR land, and the habitat areas will have some restrictions with the open space within the development with fewer restrictions to allow for walking trails, bike paths, etc.  The open space within the developments will be protected through homeowner’s association and deeds.  
Tim Grandy asked whether the cranberry bogs would continue to be farmed by Makepeace.  Mr. Grandy stated that gravel removal, tail water recovery need to be considered in the master plan.  
Ms. Kohn replied that they are working on an overall plan for all their bogs.  Some bogs may be taken out of production and others will continue to be farmed.  
Mr. Hartmann stated that it would be imperative to properly define and regulate gravel removal in the conservation restrictions.
Paul McAlduff suggested putting a restriction on the open space that would allow for a school or school ball fields.
Ms. Kohn responded that conservation restrictions limit the changes that can be made to the land and are placed on land that is sensitive.   
Mr. Grandy asked what type of septic systems would be used for the developments.   
Mr. Berkley replied that the first 65 homes and half the second development might be on low nitrogen loading septic systems but they are evaluating tying them into the wastewater treatment facility at a later date.  He also stated that any bogs that are decommissioned would not be developed.   
Mr. Garrett stated that if there is a desire for other uses of the open space, you can’t put a conservation restriction on it.   This is not a good tool for active use.  Ball fields and other uses would need a different type of covenant.  
Mr. McAlduff suggested creating an option to utilize part of the open space for future school use.   
Malcolm MacGregor was supportive of maintaining the use of the Agawam River and surrounding area for kayaking and other recreational uses.  
Valerie Massard informed the public that all of the Makepeace information is available at the main Library’s reference desk.

BOA 3422 – John & Collette Dill
        Mallard Way     
William Forniciari, Forniciari and Noseworthy Architects, presented a request for a special permit to waive the front, side and rear setback requirements in order to demolish an existing dilapidated garage and construct a new two-car garage with a loft above.  
Caroline Quidort outlined three suggested conditions that would restrict the building from being used as living space, restrict the height of the structure and require the applicant to obtain any necessary Conservation Commission permits.   
Marc Garrett asked what utilities would be installed in the structure.
Mr. Forniciari replied that an electrical service would be installed.  
Marc Garrett requested that a condition be added that would prohibit the installation of water to the structure.  
Paul McAlduff 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.
No part of the garage shall be converted into a dwelling or living space.
Electric shall be the only utility provided to the proposed garage.
The garage shall not exceed the 35’ height limit for the R-25 zone.  
The vote was unanimous (5-0).

BOA 3421 – S/F LLC
        Village Landing/Water Street
Lee Hartmann presented Goody Clancy’s analysis of the proposed development at the Village Landing Marketplace.  The developer and the Town participated in an urban study of the Marketplace and the surrounding area.  The study was done to insure that whatever is built at the Marketplace would not impact future development of the area.  The proposed project for the Marketplace is to convert existing second floor office space to residential space and construct two 20’x60’ parking garages with storage and office space on the second floor.  The study looked at the existing and potential pedestrian and vehicular access points and maintaining street front activity that is retail and/or tourist related.  The existing public parks were identified:  Depot Park (South and North Park Avenues); Memorial Park and State Parks (Water Street); Forefathers Monument (Allerton Street); and the Rail Trail.  The site that was reviewed included the Radisson Hotel, the Village Landing Marketplace, the Citizen’s Bank/Curry College Building, the former 1620 Building, the small retail area along the north side of South Park Avenue and the parking areas for each.  The parking areas are all surface parking.   The pedestrian/bicycle access to the area was identified as spanning Water Street, as far north as Lothrop Street, south along Court Street, and south to Chilton Street with a priority from South and North Park Avenues to the waterfront, and along the Radisson and Marketplace sites.   Potential new public streets were identified as follows: along a continuation of the MBTA rail bed, from Lothrop Street to the Citizen’s Bank/Curry College building; a connection from Murray Street out to Water Street along the Radisson driveway; and another connection from Murray Street along the rear of the Radisson Hotel out to Water Street along the Village Landing driveway.  The view corridors of Plymouth Harbor were identified as along Water Street, Lothrop Street (from Court Street), from the Forefathers Monument, and from Allerton Street along Samoset Street and South and North Park Avenues.   The study identified areas for higher density housing, mixed use development, and structured parking.   Goody Clancy suggested that the northwest building façade for the proposed garages should include windows and consistent exterior materials on both levels with the garage level to allow for potential active uses; that an open pedestrian passage be provided between the buildings; one entrance to the office space oriented to the Radisson driveway; and protecting the existing trees along the Radisson driveway with additional landscaping installed.  
Larry Rosenblum felt that structured parking might preclude any new streets through this area and that new streets would benefit the area and create better pedestrian access.  Mr. Rosenblum suggested that the proposed buildings should be located so as not to interfere with a potential public or private right of way through the site and that underground parking might be a viable alternative.  
Atty. Edward Angley stated that his client would welcome a potential street, but that when the FDIC took over the bank, this area was broken into three separate entities with several easements throughout each site which would make it difficult to construct.  Atty. Angley stated that there are significant improvements underway to revitalize the Marketplace and that the project meets the criteria of the Downtown Harbor Master Plan.   
Larry Rosenblum asked for clarification on the location of the easements.    
Atty. Angley showed Mr. Rosenblum the location of the existing easements which limit the location of the proposed structures.  
William Forniciari, Forniciari & Noseworthy Architects, presented the site plan for the proposed renovations to the existing buildings and the two new garage structures.  In the existing buildings, the second floor office space will be converted to residential with the third floor space also being converted to residential.  Dormers will be added to create a more residential feel to the street and landscaping will be increased.  The height of the buildings will not change.   Twelve garage spaces will be designated for the residents, and there will be a portal between the buildings.    If the Radisson driveway were to become a street, the parking garages could be converted to have retail on the ground level with the office space potentially converted to residential.  
Marc Garrett suggested widening the portal from a single vehicle width to a two vehicle width.  
Mr. Forniciari replied that they were concerned that widening the portal would move the building into a location that would block an existing easement.
Mr. Garrett suggested shortening the building by removing parking spaces to allow for widening the portal.   
Atty. Angley stated that they would consider removing one parking space from the building and making the portal wider.  They have asked for a waiver of parking.  
Valerie Massard stated that restriping was done to add parking for this site in the past.    
Loring Tripp asked how much the Goody-Clancy study cost.  Mr. Tripp stated that underground parking is not feasible along Water Street as the water table is too high.  Mr. Tripp was supportive of the proposal.  
Mr. Hartmann replied that the study was funded with $1,500 of Town funds and $2,000 provided by the proponent.  
Paul McAlduff felt that the portal should be used for pedestrian access only and was supportive of the proposed project.   
Paul McAlduff moved to recommend approval to the Zoning Board of Appeals subject to the following conditions:  
Prior to issuance of a Building Permit, the Petitioner has agreed to construct 10% of the new units (1 unit) at the site as affordable housing, or provide another mutually acceptable alternative as agreed to by the Petitioner and the Board of Appeals, terms of which shall be negotiated through a Memorandum of Understanding between the Plymouth  Housing Authority and the Petitioner, in a manner acceptable to the Board of Appeals.
Prior to issuance of a building permit, the Petitioner shall submit revised plans which specifically address the concerns of the Department of Public Works and, as agreed to by the Petitioner, said plans are to make consideration of widening the portal between the two buildings to the extent feasible.  These plans shall also include the recommendations of the Goody-Clancy report under “Project Analysis.” Said plans to be subject to further review by the Planning Board and final approval by the Board of Appeals.  
The structure(s) shall not exceed 35 feet in height.  
The architecture 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 requirements of the Department of Public Works for connection to public water and 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 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.  
If a trash receptacle is used on the site, it is to be located and screened from the public view.
Prior to issuance of a final Occupancy Permit for the site, all plantings shall be subject to a 2-year performance requirement after installation (which shall re-instate if replacement plantings are installed), and the Petitioner shall be responsible for any replacements needed in that 2-year time period.
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, snow 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 (5-0).

BOA 3427 – GB New England 2 LLC
        State/Beaver Dam Roads – CVS Remand
Atty. Edward Angley began the presentation for the proposed CVS which has been remanded back to the Town by the Court.  The changes to the plan include a 1,100 sq. ft. reduction in the size of building; reduction in the height of the building; the drive-thru reduced to one lane (larger single lane); increased setbacks to the wetlands; inclusion of land for a dedicated right turn lane along Beaver Dam Road; increased landscaping on the west and south side of the building; and an increase of 835.9 sq. ft. to the pervious area.     
Rob Kuhn, BKA Architects, presented the schematics for two cape style buildings: the preferred  building would have a height of 32 ft. with dormers and the other building would be 24.5 ft. in height with no dormers.   
Valerie Massard stated that in the neighborhood commercial zone the maximum height is 25 ft, but that requirement can be waived under the special permit.   
Atty. Angley stated that the Design Review Board preferred the higher building.  The remanded project has not been presented to the Manomet Steering Committee as they changed their meeting date for this month which does not allow for it to be reviewed prior to the Zoning Board of Appeals meeting.  
Ms. Massard reviewed the history of previous filing in which the Planning Board recommended denial and the Zoning Board of Appeals voted to deny the project.  The denial was appealed and the Court remanded the case back to the Town.  The new filing has a significant number of changes as follows, building size is smaller, building height is lower, but there is an option for a higher building, the drive-thru has been reduced to a single lane, they have pulled the building back from the wetland and will be leaving the tree and the natural vegetation in that area, dedicated the land on Beaver Dam Road for a future right turn lane with a tiered the wall to create the grade and have significant landscaping, increasing the landscaping at the south and west side of the site, reduced the amount of pervious pavement, created a larger pass through around the drive-thru lane, and created a berm and landscaping from the adjacent residence to buffer headlights.  The peer review of the final traffic study has been completed and was included in the Board’s packets.  
Taylor Dowdy, VHB Inc.  reviewed the five major changes, stated that the stormwater system meets the State and local codes and a maintenance plan has been created.  The stormwater runoff to the wetlands will be reduced and the septic has been moved away from the wetlands to the front of the site.  
Patrick Dunbar, VHB Inc. reviewed the traffic pattern within the site and off site.  Mr. Dunbar stated that Mass Highway will have to review the plan.   
Valerie Massard handed out a list of topics for discussion which included addressing the hours of operation, clarification of the lighting details, traffic issues repairing the pedestrian signalization, a Gatra bus depot, and a streetscaping design.  Ms. Massard suggested the Board’s recommendation should include typical conditions for a commercial building
Atty. Angley stated that due to the short time frame he has not reviewed the issues raised by staff with his client.
John O’Connor was supportive of the higher building and the turning lane.  
Catherine Shetterly, Manomet Steering Committee, stated that the presentation of the revised plan addressed the major issues that the committee had.  Ms. Shetterly preferred the higher building, but still had some concerns with the intersection and traffic.  Ms. Shetterly suggested mitigations that might slow traffic down before getting to this area.   
Karen Buechs, Charles Moses, and Barry Wood were supportive of the revised plan.   
Loring Tripp asked whether the mechanicals would be screened, what type of fencing would be installed along the wall, and suggested that the lighting be traditional, lantern style.  
Mr. Kuhn stated that the mechanicals would be completely screened.
Atty. Angley stated that the fencing would be simulated wrought iron.  
Marc Garrett asked what the proposed hours of operation would be.  
Atty. Angley stated that they would probably be 7:00 a.m. to 11:00 p.m.  
Larry Rosenblum suggested that the trees should be placed around the perimeter of the site.   Atty. Angley stated that he would review all of staff’s questions with his client and return at the next meeting to address the questions.  
Paul McAlduff moved to continue the review to the next meeting; the vote was unanimous (5-0).
 
Site Plan Review
        Mayflower Bank/Obery Street
Caroline Quidort presented a site plan for a proposed two-story office and bank building with three drive-thru lanes.  The site also calls for a reconfiguration of the existing Mary Lou’s Coffee parking area.    The revised plan that was handed out addressed the Plymouth Center Steering Committees concerns by moving seven parking spaces further away from the street and reducing the size of the egress.  Both structures will be access by a shared drive that will circle to the rear of the site and have a lane that branches off the drive to the coffee shop and returns to the single egress.  There will be 41 parking spaces for the bank and office building with 13 spaces for the coffee shop.   Ms. Quidort was concerned that the interior sidewalk does not connect with the sidewalk along Obery Street,  the fencing to buffer the proposed drive-thru windows is not necessary given the landscape proposed, no signage or lighting plans have been submitted, and the screening for the trash receptacles has not been submitted.  
Atty. Lawrence Winokur stated that the lots will be combined into one lot, the plans presented comply with the design standards, and they have addressed the concerns of the Steering Committee and the neighborhood.  
Bill Shaw, Associated Engineers, stated that currently the site is half paved and half gravel with runoff going to the rear of the site.  With the proposed plan and changes in grade, all runoff will be contained on site.  The plan shows an on site septic system, but they would like to tie into the Town sewer and water lines.  Mr. Shaw stated that significant buffers will be provided for the residential neighborhood.  
Rick Bryant reviewed the circulation within the site.  The egress has been narrowed to one vehicle width and the Mary Lou’s egress blends with into the single egress onto Obery Street.  The angle parking has been moved to accommodate the internal intersection and the pedestrian access will be connected to the sidewalks along Obery Street.  
Jon Henson presented the landscaping plan for the site.  There will be plantings to screen the residential area at the rear and east side of the site.  The islands will have shade trees at the ends with perennials planted in between, and the dumpster area will be enclosed,
Scott Town, DRL Associates, reviewed the elevations for the two-story structure which meets the design guidelines.  The bank will occupy a portion of the first floor with the remainder of the first floor and the second floor leased space.  The exterior will be clapboard and the mechanicals will be installed in the attic.  
Larry Rosenblum suggested extending the eaves further out and enlarging the windows would make the building appear less chunky.  
Marc Garrett asked about the planting specs and schedule.  
Mr. Henson replied that he would present a complete, detailed planting plan prior to the issuance of an occupancy permit.  
Malcolm MacGregor asked if the large trees in front would remain.
Mr. Shaw stated that those trees would remain.
Loring Tripp suggested adding shutters instead of enlarging the windows.  
Mr. Tripp 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:
The petitioner shall give consideration to architectural detailing such as extending the eaves, increasing the fenestration, and/or adding shutters with the overall goal of creating a more intimate traditional New England style building.  The petitioner shall respond to these considerations to the Planning Board with final approval by the Zoning Board of Appeals.  
Prior to the issuance of a Building Permit the following shall be submitted for review by the Planning Board:
Exterior colors and materials shall be reviewed by the Planning Board prior to the issuance of a Building Permit.  
Prior to the issuance of an Occupancy Permit the following shall be submitted for review by the Planning Board:
As-Built Plans which includes the type, quantity, and caliper of plant materials to be used.  The final landscaping plans shall include:
All proposed plant material shall be selected to minimize or eliminate the need for irrigation.  Where irrigation is planned, use of re-circulated runoff or non-potable water for a water source is encouraged.
Details on the type of materials used for screening the trash receptacle.  
A Registered Landscape Architect, or other qualified licensed professional, must certify to the Building Commissioner that the required landscaping has been installed in accordance with:  Approved Site Plan, Zoning Bylaw, Acceptable landscape practices.
A Registered Professional Engineer must certify that the drainage system, drive ways, curbing and parking areas have been installed according to accepted practices and in compliance with the Zoning Bylaw and the approved site plan.
The petitioner shall present a Signage Plan to the Planning Board for review.  
An exterior lighting plan shall be submitted to the Planning Board.  The applicant must document compliance with Plymouth's Light Pollution Bylaw, and lights should not exceed twelve (12) feet in height.
Compliance with ADA requirements must be documented.
Drainage design should comply with the requirements of the Building Inspector and with DEP best management practices.
A curb cut permit is required from DPW.  
The vote was unanimous (5-0).

Minutes:
April 23, 2007
Paul McAlduff moved to approve the minutes of April 23, 2007 as presented; the vote was unanimous (5-0).

April 30, 2007
Marc Garrett moved to approve the minutes of April 30, 2007 as presented; the vote was unanimous (5-0).

Administrative:
Invitation to Fort Devens
The Planning Board was invited to attend a tour of the 4,000 acre planned community on Tuesday, May 22, 2007.  

B318 – Whipple Trust - Bump Rock Road – Lot Release
Paul McAlduff moved for the Board to release lots 4A-6 and 4A-7 from the covenants of the above-mentioned subdivision and to find that the way is adequate; the vote was unanimous (5-0).  

B528 – Frank Shaw – Amendment Re: Open Space
Lot line adjustment, amendment to modify the covenants
Marc Garrett moved for the Board to endorse the amended covenants that were the result of a lot line adjustment which reconfigured the open space area done under Form A plan No. 4240; the vote was unanimous (5-0).

Paul McAlduff moved to adjourn at 10:40 p.m.; the vote was unanimous (5-0).

Respectfully Submitted,




Eileen M. Hawthorne                                             Approved: June 4, 2007
Administrative Assistant