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Planning Board Minutes May 21, 2007
Planning Board Meeting
May 21, 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

Presentation – Northeast Area Roundabouts
                Modern Roundabouts
Robert White began the presentation by explaining the difference between a roundabout and a rotary.  Most rotaries are in excess of 300 ft. in diameter, while most roundabouts are less than 300 ft. in diameter.  Single lane roundabouts on state roads are generally 150 ft in diameter or less, and on town roads they can be 125 ft. in diameter or less (curb to curb on the outside).    Vehicles in a roundabout travel at lower speeds than vehicles traveling in a rotary.   Mr. White showed examples of roundabouts in Connecticut, Barnstable, MA and Norfolk MA.  
Richard Shell, Traffic Design Solutions, defined a roundabout as a type of intersection control, just as signals and stop signs are examples of intersection control.  Mr. Shell showed an example of a roundabout proposed for two state roads in New York.  The striping and signage direct traffic through the roundabout.  The design of the roundabout controls speed at approximately 18 mph.    The circular design requires that entering traffic must yield to circulating traffic.  The entering vehicles are deflected by splitter islands and the circulating vehicles must travel around a non-mountable surface.  The roundabouts can handle a high capacity of traffic with minimal delay.  The roundabouts are pedestrian friendly, large trucks, plows, and emergency vehicles can maneuver easily.  Air emissions, fuel use and noxious gasses are reduced.  Center islands can be adopted and landscaped by the community.  
There are 1000 roundabouts in the U. S. to date, with over 300 more to be constructed this year.  Total vehicular accidents in roundabout vs. rotary have been reduced significantly.  Mr. Shell showed examples of roundabouts in Washington State, Colorado, Florida, Michigan, Vermont, and several in New York.  Mr. Shell presented samples of what a roundabout would look like at the intersection of Long Pond and Clark Roads, the intersection of Bourne and Halfway Pond Roads and the intersection of Bourne Road and the proposed connector road for the A. D. Makepeace project.  
Loring Tripp asked for a cost analysis on the sample Clark and Long Pond Roads roundabout and asked whether the installation of roundabouts would speed up the rate of development.  
Mr. Shell estimated that with perimeter sidewalks and pedestrian provisions the cost to construct the proposed roundabout would be approximately $1 million and have an A or B level of service.  
Jeffrey Dirk, Vanasse Associates, stated that the traffic study done for A.D. Makepeace projected traffic in the year 2016 with the full build out of the Pinehills and Makepeace projects and added a reserve capacity.  The study encompassed all development known by the Town both approved projects and those pending approval.     It is estimated that approximately 900 vehicles will utilize the Clark and Long Pond Roads intersection in the morning and in the evening.  Mr. Dirk stated that it is the Town that will insure that the roadway facilities are designed to handle future development while maintaining the rural character.  
John O’Connor was concerned with pedestrian safety and vehicular spinouts during a snow storm.  
Mr. Shell stated that the speed in a roundabout is considerably less than that in a rotary and that pedestrian safety is increased by the design of a roundabout.  
Paul Hapgood asked who invited these people and if Makepeace or the Town would be paying for the installation of roundabouts.  
Valerie Massard stated that the Planning Department scheduled the presentation and that if constructed, the funding for the roundabouts would be determined during the negotiation process with Makepeace.     
Leighton Price asked about the Long Pond Road roundabout and what capacity it would handle.   
Mr. Shell replied that the 2016 traffic volume would be handled and have a reserve capacity of 30 percent.
Malcolm MacGregor stated that further review of the proposed roundabouts would occur during the Makepeace review process.

Presentation – Smart Growth Speaker
        Zoning Reform
Jim O’Connell, Chair of the Zoning Reform Working Group reviewed the proposed legislation regarding the Community Planning Act which would encourage communities to adopt or update their local master plans and enable them to develop effective land use regulations consistent with those master plans.  It gives the cities and towns more power to plan and zone for more compact development and encourages conservation.
The legislation would allow the adoption of a local option to go from a super majority vote to a 2/3 vote for any zoning amendments.  It would reduce the “grandfathering” from eight years to three years and “approval not required” (ANR) plans would be eliminated.  Adoption of this legislation would close loopholes that undermine planning, foster housing affordability and diversity,  increase flexibility in zoning and permitting, provide communities with effective planning tools and improve local regulatory procedures.   
Lee Hartmann stated that our State Delegation and the professional planning organizations are supportive of the proposed legislation.  Mr. Hartmann stated that the overhaul is long overdue and even if just one thing changes such as the reduction in the grandfathering or the elimination of the ANR plans, it would be a great advantage to the cities and towns.  
Larry Rosenblum encouraged people to become educated about the recommendations and asked if there was anything the Planning Board could do to offer their support of the proposed legislation.  
Mr. O’Connell informed the public that they could access the website  www.massmunilaw.org   to find out more information and that the Board could contact the Delegation to offer their support.    
Loring Tripp was supportive, but was concerned that the lobbyists would kill the effort by bundling things into the proposed legislation and that if there was just one issue, it would be easier to pass.   
Marc Garrett was supportive and suggested that the web page include an executive summary and or fact sheet of what zoning can or cannot do.   
Mr. O’Connell stated that information regarding zoning is posted on the website.  

PresentationA.D. Makepeace Workshop
        Traffic
Loring Tripp and Larry Rosenblum recused themselves. Tim Grandy joined the Board for the presentation.  
Jeffrey Dirk, Vanasse and Associates, the traffic engineers for the A. D. Makepeace project, stated that their study is a work in progress.  They continue to address the questions and comments submitted by the Town.  Mr. Dirk stated that the State’s standards for defining existing conditions and measuring traffic were utilized for the traffic study. Future traffic conditions were projected for a 10 year period (the state requires 5 years).  The analysis included 32 approved development projects in Plymouth, Bourne and Wareham including the Pinehills.  They assessed impacts utilizing the projected completion date of the project (2016) and future growth in the area.   They also considered intersections and areas that are of particular concern to the Town.  Twenty-three locations, 19 intersections and 3 ramp junctions were identified and studied.  The Makepeace project will be a mixed-use development with a different types of residential combined with a small retail component.  Peak traffic hours would occur during the morning and evening commuting hours of 7-9 a.m. and 4-6 p.m.  The trip generation summary projected an increase of 6, 288 vehicle trips for the residential component and an increase of 1,546 vehicle trips for the retail component for a total projected increase of 7,832 vehicle trips.  The traffic study was done in June of 2006 while school was still in session and during peak summer months.  State motor vehicle crash data for the last three years was also studied.  Most vehicles are traveling at least seven miles over the posted speed limit.  The Clark/Long Pond Roads intersections, as well as, both the Herring Pond/Long Pond Road and Herring Pond/State Road intersections were examples of intersections that exceeded the state crash rates (what could be expected at the intersection).  They also identified existing sidewalks/crosswalks and bicycle and walking trails.  They reviewed existing public transportation and projected potential public transportation to the area.  Suggested mitigation to minimize the impacts of the proposed development include installation of modern roundabouts at the Clark/Long Pond Road intersection; Halfway Pond/Bourne Road intersection; and the Bourne/Connector Road.  The connector road will link Wareham Road to Bourne Road.  Other mitigations include improving the alignment at the Ship Pond/Long Pond Road intersection; improved signage and pavement markings; sight line improvements, upgrade of roadway conditions, and traffic signalization (Herring Pond/State Roads).  An Improvement that needs to be done prior to any additional traffic would be to bring Wareham Road up to gravel road standards.  
Donna Randall was concerned with sight distance and public safety at the Bourne/Connector Roads.  Ms. Randall suggested improvements should be done to Bourne Road.
Paul Hapgood was concerned with the Bourne Road connector, the number of additional vehicles the project will generate, and street and vehicle lights affecting the existing homes.  Mr. Hapgood asked for clarification on the traffic counts.
Mr. Dirk stated that there are 5, 000 vehicle trips on the existing road.  The design of the connector road will have adequate sight lines for vehicles traveling on Bourne Road.   
Walter Morrison felt that the existing conditions of the roads need to be addressed before any projects are developed in this area.  Mr. Morrison proposed speed bumps on Long Pond Road to slow the traffic.  
Malcolm MacGregor stated that the traffic information will be peer reviewed by the Town engineers and Town consultants.   
Steve Lydon was concerned with the existing traffic, inadequate drainage,  and telephone poles that are too close to the road on Bourne Road.  
Helen Hapgood was concerned with drainage and lack of sidewalks on Bourne Road, where the construction vehicles would be parking, and where supplies would be stored during construction.  Ms. Hapgood stated that there had been no mention of land takings for the construction of the modern roundabouts.  
Pat Adelman felt that the safety of the school children was paramount both those that walk to school and those that travel on the school busses.  
Leighton Price was concerned with the increased traffic.   
William Abbott stated that the traffic numbers were the same as in the draft EIR and did not take into consideration the proposed high school and additional traffic that project will generate.  Mr. Abbott also stated that the existing roads are inadequate to handle the existing homes
Brian Dubois was concerned with traffic heading on Bourne Road to Rte 25 and the potential development of the “1000 acre” parcel.  He was also concerned with the impact of the construction vehicles on Bourne Road, and the safety of the school children.  
Paul Luszcz suggested connecting through Wareham to Rte 25/495 instead of connecting to Bourne Road
John Holland was concerned with the increased traffic to the Cedarville area and the impacts on the region as a whole.  
Lee Hartmann stated that the proposed project allows the Town to negotiate mitigations with Makepeace.  Mr. Hartmann agreed that the issues with the roads in the area need to be addressed.   
Marc Garrett asked if the design and layout of the Bourne Road connector was set in stone and asked if the roundabout could be at the bend in Bourne Road instead of its present location.  
Mr. Dirk replied that the roundabout is a traffic calming measure, but that they could add a median in the middle near the bend that would slow traffic.  
Tim Grandy was concerned with the increased traffic and asked for a copy of the presentation.  
Paul McAlduff suggested that a modern roundabout might be appropriate for the intersection of Herring Pond Road and Long Pond Road near the Little Red Schoolhouse.
Mr. Dirk agreed to look at that intersection.  He also stated that alternative plans have been drafted in case the Cedarville Commons mitigations are not completed.   
Malcolm MacGregor was concern with the traffic going south to Rte. 25 and suggested strengthening the exit onto Wareham Road and redistributing the traffic.
Mr. Dirk stated that they will be testing traffic patterns.

The Board took a five-minute break.

        Site Plan Review
        AD Makepeace – TDR – continued to June 4th

BOA 3424 – Kevin Griffin
        Pond Road/SP to waive rear setbacks
Kevin Griffin presented his request for a special permit to waive the rear setback requirements in order to construct a two-car detached garage with storage space above on property located at 5 Pond Road.  Mr. Griffin stated that he has talked to the abutter to the rear of his property and the abutter has no objection to the waiver of the setback or the design of the structure.  Caroline Quidort presented the staff report with the recommended conditions of a restriction on converting the garage to living space and only allowing electricity to be installed.   
Marc Garrett asked if any other abutters had any objections to the project.  
Mr. Griffin replied that the other abutters are seasonal residents and he has not had the opportunity to present the project to them.   
Paul McAlduff moved to recommend approval to the Zoning Board of Appeals subject to the following conditions:
No part of the garage shall be converted into a dwelling or living space.
Electricity shall be the only utility provided to the garage.
The vote was unanimous (5-0).

BOA 3427 – GB New England 2 LLC
        State/Beaver Dam Roads – CVS Remand
Atty. Edward Angley informed the Board that he met with his client regarding the conditions that were suggested by the Board and staff at the last meeting and has subsequently met with staff.   
Valerie Massard stated that she and the petitioner’s representatives have also presented the plans to the Town Engineer and mitigations have been negotiated as outlined in the staff report.   The petitioner has not agreed to the following conditions:
Prior to the issuance of a Building Permit, the Petitioner shall donate funds (estimated to cost $2,000) to the Town of Plymouth in order to conduct a public design charrette in conjunction with the Manomet Steering Committee to develop consensus on possible future streetscape improvements for the area of the intersection of Beaver Dam Road and State Road (Route 3A).  Streetscape elements will consist of sidewalks, tree and vegetation planting, and pedestrian scale lighting.  
In the alternative, the Petitioner shall facilitate the public design charrette described above.
The Petitioner shall inspect the pedestrian crossing system at the State Road and Beaver Dam Road intersection, including all four corners with sidewalks and corners.  The Petitioner shall upgrade the pedestrian crossing system to bring this system to current ADA and MUTCD (Manual Uniform Traffic Control Devices) standards.  The Petitioner has agreed to repair the push-button signal for the pedestrian crossing only.
Atty. Angley stated that any mitigations on State Road require the approval of Mass Highway, but they would repair the pedestrian light.  
Rob Kuhn, BKA Architects, presented samples of the siding, trim, and roofing materials.
Malcolm MacGregor was supportive of the changes to the building, but was not supportive of a drive-thru window in the NC zone.   
Paul McAlduff moved to recommend approval to the Zoning Board of Appeals subject to the following conditions:
PRIOR TO ISSUANCE OF A BUILDING PERMIT:
Prior to the issuance of a Building Permit, no work may begin on the property in the resource area or its buffer zone without prior review, and if applicable, permits have been issued, has been undertaken by the Conservation Commission for the area subject to the Conservation Commission’s purview.   
Prior to the issuance of a Building Permit, the Petitioner has agreed to donate funds (estimated to cost $2,000) to the Town of Plymouth in order to conduct a public design charrette in conjunction with the Manomet Steering Committee to develop consensus on possible future streetscape improvements for the area of the intersection of Beaver Dam Road and State Road (Route 3A).  Streetscape elements will consist of sidewalks, tree and vegetation planting, and pedestrian scale lighting.  In the alternative, the Petitioner shall facilitate the public design charrette described above.  The landscaping plans will be altered, as needed, to include adjustments which reflect this consensus and to consider tree plantings in the streetscape where feasible, and said revised plans will be subject to review by the Manomet Steering Committee and Planning Board, with final approval by the Board of Appeals.
A sheet shall be added to the plans to provide detail on the size and type of the proposed water main and any other relevant utilties.  The plans shall, in order to provide adequate looping, connect to both the existing water mains on State Road and Beaver Dam Road as agreed to by the Petitioner.
PRIOR TO ISSUANCE OF A CERTIFICATE OF OCCUPANCY:
Prior to the Issuance of a Certificate of Occupancy, the Petitioner has agreed to (1) provide a survey grade plan acceptable to the Town Surveyor which will designate the land shown on the site plan for the future right-turn lane on Beaver Dam Road for highway purposes and (2) to gift this land to the Town.
Prior to the Issuance of a Certificate of Occupancy, $62,000 shall be placed into an interest-bearing escrow account, or a suitable alternative acceptable to the Board of Appeals, for the purpose of constructing future improvements to the intersection of Beaver Dam Road and State Road as mitigation for the projected traffic impacts to the intersection.
Prior to the Issuance of a Certificate of Occupancy, the Petitioner shall inspect the pedestrian crossing system at the State Road and Beaver Dam Road intersection, and shall make repairs to the existing system so that it functions as intended.
Prior to the Issuance of a Certificate of Occupancy, the Petitioner shall install a bus shelter at the existing GATRA bus stop on Beaver Dam Road.  Details of the proposed shelter to be approved by the Board of Appeals, subject to review by the Design Review Board, prior to installation.
Prior to the Issuance of a Certificate of Occupancy, oil and gas separators shall be utilized in connection with the surface water drainage infiltration system.
The building shall not exceed 32 feet in height.
The hours of operation are limited, as agreed to by the Petitioner, to from 7 a.m. to 11 p.m.
A Registered Landscape Architect or other qualified licensed professional must certify to the Building Commissioner prior to the issuance of a final occupancy permit that the required landscaping has been installed in accordance with an approved site plan, Zoning Bylaw, and acceptable landscape practices.
A report must be submitted to the Building Commissioner by a Registered Professional Engineer, prior to the issuance of an occupancy permit, certifying that the drainage system, drive ways, curbing, and parking areas have been installed according to accepted practices and in compliance with the Zoning Bylaw.
Prior to the Issuance of a Certificate of Occupancy, a Registered Professional Engineer is to submit to the Building commissioner that the installation of all road and infrastructure improvements shown on the approved plans within the Route 3A layout are installed according to accepted practices and in compliance with Mass Highway Guidelines and Standards.
Prior to the Issuance of a Certificate of Occupancy, all roof top mechanicals are to be screened from public view to the satisfaction of the Planning Board and the Board of Appeals.
Prior to the Issuance of a Certificate of Occupancy, the Petitioner has agreed to use wood guardrail (wood posts w/steel backing) if Mass Highway allows.
Prior to the Issuance of a Certificate of Occupancy, all site lighting is to comply with the Light Pollution Bylaw, and compliance shall be documented.  Light poles should not exceed twelve (18) feet in height.  Gooseneck lighting on the building and exterior decorative lamp-posts are encouraged throughout the site.   Decorative lamp-posts are required at the street using low mast, period lighting with medium glossy finish.
Prior to the Issuance of a Certificate of Occupancy, 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 the Issuance of a Certificate of Occupancy, 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,” Werzalite 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 shall be satisfied prior to issuance of a building permit.
Signs will comply with the Bylaw or additional permits will be required.
A curb cut permit is required from the State Massachusetts Highway Department on State Road (Route 3A), if applicable.
A curb cut permit may be required prior to issuance of a building permit from the Town of Plymouth DPW on Beaver Dam Road.
The vote was (4-1) with Malcolm MacGregor in opposition.  

BOA 3423 - PACTV
        Resnik Road/SP/EDC for gravel removal
Atty. Edward Angley presented a request for a special permit subject to EDC for gravel removal in excess of 10 cubic yards in order to remove approximately 50,000 cubic yards of gravel in order to prepare for development of an industrial site and an access drive in the Plymouth Industrial Park and a special request to reduce the buffer requirement by 1 foot.  
William Shaw, Associated Engineers, reviewed the site plan and the grading plan.  Access to the site would be off Resnik Road.  Town Water, sewer and drainage will be contained on site.  A heavily planted earthen berm with walking paths as requested by the residents of Plymouth Landing will be installed to buffer the neighborhood.   
Jon Henson presented the extensive landscape plan that provides the buffering from the Plymouth Landing neighborhood.  There is an existing power line easement that separates the neighborhood from the site.  
Jeff Metcalfe presented the proposed architecture for the building.  The main façade will have a stone base with stucco walls; there will be a green metal roof; and the windows will be bronze.  
Malcolm MacGregor asked why the earth was being removed instead of being used to level the site.  
Mr. Shaw replied that the corner elevation cannot change as it sets the grade.  
Valerie Massard stated that the applicant has worked with the neighborhood to provide the best option and that the design maximizes the buffer.   The West Plymouth Steering Committee was supportive of the petition.  
Marc Garrett moved to recommend approval to the Zoning Board of Appeals subject to the following conditions:
Prior to the start of excavation at the site:
The Petitioner shall post a performance guarantee to protect Commerce Way and Resnik Road from damage caused by outgoing loaded trucks.  The performance guarantee is to be in a form acceptable to the Building Commissioner upon consulting with the Director of Public Works.  The Board of Appeals agrees to terminate the performance guarantee upon completion of earth removal activities if Commerce Way and Resnik Road have not been damaged thereby.
The Petitioner has agreed to prepare an erosion control plan (and dust suppression measures if needed) to be submitted to the Building Commissioner.  Any exposed banks created by the excavation should be hydro-seeded or otherwise stabilized in a manner acceptable to the Building Commissioner and maintained for three years.  Proposed side slopes shall be at a grade of 3:1 (or 2:1) with erosion control measures in place.  Said plan shall include 100 feet of pavement prior to trucks leaving a gravel hauling area in order to prevent mud from being tracked by the vehicle tires onto paved roadways.
Evidence of recording of this Special Permit at the Plymouth County Registry of Deeds shall be presented to the Building Inspector, and the plans shall be recorded with the Special Permit.
Temporary signs warning traffic of truck entry shall be installed for safety as determined by the Police Department and will be approved by the Director of Inspectional Services.
A limit of 40 truck trips per day will be the maximum allowed for all earth removal operations for this project.  Every effort shall be made to phase the truck trips with the other local projects as has been done to date.
The excavation and trucking of material and/or noise generated by the excavation and trucking of material shall be limited to Monday through Friday.  The hours of operation shall be limited to 7:00 AM to 4:00 PM.  No excavation activities shall be permitted on holidays.
The Petitioner has agreed 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.
The Petitioner shall be responsible for the clearing of any sand that accumulates on the truck route as a result of the excavation of material on a daily basis.
At no time shall more than five acres of the site be exposed.  The Petitioner shall loam and seed any portions of the site that are not under construction after earth removal activities have ceased for a period of six (6) months.  
During construction, monthly statements are to be submitted by the Petitioner to the Building Commissioner from a Registered Professional Engineer stating that the provisions of the Special Permit are being followed.
Once the work has commenced, it shall be completed within two (2) years from start of excavation.  After the two (2) year timeframe, unless extended by the Board of Appeals, this Special Permit shall expire and all gravel removal shall cease.
If all of the above noted conditions are not adhered to, the Building Commissioner may cause all excavation work to cease until the problems identified are corrected.
Final landscaping plans and site plans shall be submitted to the Design Review Board and Planning Board subject to final approval by the Board of Appeals prior to issuance of a Certificate of Occupancy at the site.  Said plans shall include, as agreed to by the Petitioner per the request of the West Plymouth Steering Committee:
An approximately 4-foot tall fence, design to be acceptable to the residents of Grabeu Drive and to the Board of Appeals, to be installed off the end of the Grabeu Drive cul-de-sac running parallel to the rear property line of the subject property to prevent the possibility of a vehicular short-cut being created and to discourage use of Grabeu Drive as a pedestrian through-cut to the Industrial Park buildings.
The Petitioner has agreed to add a future easement for a 4-inch sewer pipe connection extending through the subject property to the property line in order for the residents of Grabeu Drive to connect to the sewer at a later date if they so desire.
Lighting for the property is subject to compliance with the Dark Sky Section of the Bylaw (a.k.a. Prevention of Light Pollution).
Any signage shall comply with the Bylaw or permits will be required.
The vote was unanimous (5-0).  

BOA 3425 – Hirt
        SP/EDC for age-restricted condos
Atty. Edward Angley presented a request for special permits in order to convert and existing building (pre-school) into a hospital with four (4) beds and to construct three (3) new buildings for elderly housing, each 36’x24’ with 24’x24’ garages.   
Bill Shaw, Associated Engineers, reviewed the site plan for the project.  The sewage disposal systems are in the interior of the site and Town water will be brought in.  The perimeter of the site will be kept intact to provide a buffer for the neighbors.  The residential units will be located toward the rear of the site and an open space area will separate the front building from the residences.  
Jeff Metcalfe reviewed the architecture for the three single dwellings with two-car attached garages.  The buildings will have clapboard siding on the front and white cedar shingles on the sides.   Each dwelling unit will have a small deck on the rear of the structure.  
Valerie Massard questioned whether the three units were to stand alone, why the buildings are located so close together, and how the existing building would interchange with the residential units.  
Mr. Metcalfe stated that the three units would stand alone.  
Mr. Shaw stated that they were trying to leave a 45 foot radius within the site but they could relocate two of the structures.  He also stated that the playground area would be left as open space and there would be no link between the hospital structure and the residential units
Larry Rosenblum was supportive of the proposed installation of sprinkler systems in the residential units.   
Atty. Angley stated that his client indicated that he would install the sprinklers in the residential units.
Loring Tripp asked if the units were rental or for sale.   
Atty. Angley stated that the condo units would be sold.  
Paul McAlduff moved to recommend approval to the Zoning Board of Appeals subject to the following conditions:
Residential fire suppression sprinklers are to be installed in the hospital facility in accordance with the Bylaw, and the Petitioner has agreed to offer to install residential fire suppression sprinklers in the dwelling units at this time.  The residential sprinkler component may be waived by the Board of Appeals without a further modification of the special permit if the residential sprinklers are found not to be feasible and a representation of the reasons for not installing said sprinklers is deemed acceptable by the Board of Appeals.
The structure(s) shall not exceed 35 feet in height.  
Final architectural and landscaping plans shall be supplied to the West Plymouth Steering Committee, Planning Board and Design Review Board for review, subject to final approval by the Board of Appeals, and shall be in conformance with the materials presented with the Petition.  The Petitioner agreed to add a small window or other architectural detail to the side elevation with the garage to add visual interest.
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.  Any changes deemed substantially different by the Building Inspector shall be presented to the Board of Appeals for approval prior to construction or installation.  
Decks shown on the plans shall not be enclosed without further review by the Board of Appeals.
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 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.
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, drainage, wastewater treatment, and other areas of common interest and concern.  The Condominium Association shall also provide a maintenance program of the common landscaped/natural areas, drainage facilities and appurtenances, 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.  The Condominium Association shall incorporate the age-restriction consistent with the definition of elderly housing in the Bylaw.
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).  

Workshop
        Fall Town Meeting Zoning Articles
Lee Hartmann presented a list of articles proposed for Fall Town Meeting 2007.  The five articles that Mr. Hartmann recommended moving forward with are Transfer of Development Rights; Site Plan and Special Permit Review; Residential Building Size/FAR restrictions; Historic District Amendments; and rezoning on Long Pond Road of the Highway Barn property.  Mr. Hartmann asked the Board to review the list and comment on any articles they felt were a priority.  


Board Reorganization
Loring Tripp moved for the Board to reorganize; the vote was unanimous (5-0).   
Paul McAlduff moved for Malcolm MacGregor to be the Chair; the vote was unanimous (5-0).  
Larry Rosenblum nominated Marc Garrett to be the Vice Chair.
Malcolm MacGregor nominated Paul McAlduff to be the Vice Chair.
The vote for Marc Garrett as Vice Chair was (3-2) (Larry Rosenblum, Loring Tripp and Marc Garrett in favor) and the vote for Paul McAlduff was (2-3) (Malcolm MacGregor and Paul McAlduff in favor).  
Marc Garrett was appointed as Vice Chair.
Paul McAlduff moved for Loring Tripp to be the Clerk; the vote was unanimous (5-0).  
Malcolm MacGregor moved for Paul McAlduff to be the Clerk Pro-Tem; the vote was (4-1) with Larry Rosenblum in opposition.   
Paul McAlduff moved for Tim Grandy to be the Planning Board Alternate; the vote was (4-1) with Larry Rosenblum in opposition.

Loring Tripp moved for the Board to continue the review of the Committee Liaisons to a future meeting; the vote was unanimous (5-0).  

Code of Conduct
Valerie Massard presented the draft code of conduct as requested by the Board.
Larry Rosenblum felt that the Code of Conduct should apply to all the boards in the community.  
Lee Hartmann stated that the Planning Board could only adopt it for themselves.  
The Board asked to continue this item to a future meeting.

Administrative:
Letter Re; Kingston Mall Expansion
Loring Tripp moved for the Board to sign the MEPA comment letter for the Kingston Mall Expansion as presented; the vote was unanimous (5-0).   

A Forms:
A4262 – Map 78D, Lot S-160 (2.73 A), Beaver Dam Road – subdivide into lots S-170 (.34A) and S-171 (2.39A)
Loring Tripp moved for the clerk to sign the plan; the vote was unanimous (5-0).

Paul McAlduff moved to adjourn at 11:35 p.m.; the vote was unanimous (5-0).   

Respectfully Submitted,




Eileen M. Hawthorne                                     Approved:June 18, 2007
Administrative Assistant