Planning Board Meeting
June 18, 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, Marc Garrett, Paul McAlduff, and Larry Rosenblum
Planning Board Alternate: Timothy Grandy
Staff Members: Lee Hartmann and Caroline Quidort
Recording Secretary: Eileen Hawthorne
A Forms:
A4263 – Map 103, Lots 18 & 19 – Seven Hills Road – Lot line adjustment to create lots 18B (0.76A) and 19B (1.27A).
Marc Garrett moved for the clerk to sign the plan; the vote was unanimous (4-0).
A4137 – Cape Cod Ave – Land Court Plan –
Paul McAlduff moved for the clerk to sign the plan; the vote was unanimous (4-0).
Public Hearing
B530 – Waterhouse LLC (off William C Gould Way, Kingston)
Malcolm MacGregor read the public hearing notice and opened the public hearing.
Atty. Edward Angley updated the Board on the steps previously taken to prepare for the filing of this subdivision. A special permit for earth removal in preparation for a four lot commercial subdivision was approved under BOA Case 3302 and the gravel removal is under way. A preliminary subdivision plan has been submitted and approved. The next step is the definitive subdivision plan process.
Lee Hartmann stated that staff has requested that the applicant authorize a peer review of the traffic study that was submitted with the special permit and that a copies of a series of letters between the two property owners have been submitted and clarification is needed before proceeding with this review. Mr. Hartmann recommended continuing the public hearing to June 25, 2007.
Paul McAlduff moved to continue the public hearing to June 25, 2007 at 8:00 p.m.; the vote was unanimous (4-0).
BOA 3429 – John & Jennifer Morse
Bradford St./SP side/rear setbacks, enlarge nonconforming
Lee Hartmann presented the request for a special permit to waive or reduce the side and rear setback requirements and a special permit to enlarge a non-conforming structure in order to remove and reconstruct a two-story addition and construct a new one-story addition with a deck above on property located on Assessors Map 20, Lot 155, 31 Bradford Street. Mr. Hartmann stated that similar additions have been constructed on several other homes in the neighborhood.
Paul McAlduff moved to recommend approval to the zoning board of appeals subject to the following condition:
The proposed deck shall not be enclosed without further review by the Board of Appeals.
The vote was unanimous (4-0).
BOA 3431 – Marshall/Keating
Whiting St./SP front/side setbacks, enlarge nonconforming
Caroline Quidort presented the petition for a special permit to enlarge a nonconforming structure and a special permit to waive or reduce the side and front setback requirements in order to construct a new front porch and wrap –around deck.
Paul McAlduff moved to recommend approval to the Zoning Board of Appeals subject to the following condition:
The proposed front porch and side wrap-around deck shall not be enclosed without further review by the Board of Appeals.
The vote was unanimous (4-0)
Minutes:
May 21, 2007
Larry Rosenblum moved to approve the minutes of May 21, 2007 as presented; the vote was unanimous (4-0).
June 4, 2007
Paul McAlduff moved to approve the minutes of June 4, 2007 as presented; the vote was (3-0-1) with Malcolm MacGregor in abstention as he was not present.
B520 - Beaver Dam Ridge
Paul McAlduff moved for the Board to release lots 9-24 and 9-25 from the covenant for the Beaver Dam Ridge subdivision; the vote was (3-0-1) with Marc Garrett in abstention.
B426 - Little Hios Hills
Paul McAlduff moved to release lots 37-65A, 37-66A, 37-67A, 37-68A, 37-69A, 37-70A, 37-71A, 37-72A, 37-104A, 37-105A, 37-106A, 37-107A, and 37-108A from the covenant for the Little Hios Hills subdivision; the vote was unanimous (4-0).
Administrative Notes:
Lee Hartmann suggested adding a section called “Administrative Notes” to the Planning Board meetings in order to streamline the process for Board of Appeals cases that are requesting small changes to single family homes, lot releases, Form A plans, etc. Planning staff will review the cases with the chairman prior to placing under this section. Mr. Hartmann felt that this process would serve the community better and save the applicants time and money.
Marc Garrett moved for the Board to begin the “Administrative Note” procedure at the next Planning Board meeting; the vote was unanimous (4-0).
Committee Appointments
The Board interviewed applicants for the various steering committees and the Open Space committee and voted to approve the following appointments:
NAME |
COMMITTEE |
EXPIRATION DATE |
Gerre Hooker |
Cedarville Steering |
June 30, 2010 |
Keven Joyce |
Cedarville Steering |
June 30, 2010 |
Marti Erbe |
Manomet Steering |
June 30, 2010 |
Joan Tassinari |
North Plymouth Steering |
June 30, 2010 |
Charles Vandini |
North Plymouth Steering |
June 30, 2010 |
Joan Bartlett |
Open Space |
June 30, 2010 |
Susan Melchin |
Plymouth Center Steering |
June 30, 2010 |
Pat McCarthy |
Plymouth Center Steering |
June 30, 2010 |
James Nicholson |
West Plymouth Steering |
June 30, 2010 |
There are two vacancies remaining: a three year term on the Manomet Steering Committee and a three year term on the Open Space Committee.
Larry Rosenblum moved to amend the Board’s Appointment Procedures as follows:
6. Where there are not enough successful candidates to fill all positions, the unfilled seat will be re-advertised once and the procedure above will be followed.
7. If no applications are received after the second advertisement and prior to the deadline, applications will be considered as received.
The vote was unanimous (4-0).
BOA 3430 – Plymouth Gateway
Colony Place/Modification of Special Permit
Atty. Edward Angley presented a request to modify special permits 3182 for a planned shopping center and 3306 for master planned signage in order to add approximately 27 acres of land to the planned shopping center and to incorporate approximately 250,000 sq. ft. of additional retail space and 1,125 additional parking spaces into the master planned shopping center at Colony Place. An 8,200 sq. ft. retail building for National Tire and Battery (NTB) is currently proposed for a portion of the site. The Design Review Board is in support of the plan with the suggestion that the landscaping be consistent with the existing development.
Mike Fabbiano, Cubelis, presented two site plans for National Tire and Battery, which would be located behind the Bed Bath & Beyond structure. One site plan showed the building with service bays in the front of the structure and located toward the rear of the lot, which would place the structure close to a resource area and require substantial removal of existing vegetation and substantial grading. The preferred alternative showed the structure closer to the existing roadway and with the service bays at the rear of the structure. This alternative would require relief of 30’ from the front setback requirements.
Atty. Angley stated that a landscape plan would be presented at a later date and that the plan would be consistent with the existing development.
Bob Rechtner presented a board detailing the materials to be used for the construction and façade of the proposed building. The materials and colors would be consistent with those used throughout the development. There would be two 4’x14’ signs on the building, one on the Colony Place side and one on the front of the building. These signs would be lighted by external gooseneck lights. A 4’x8’ monument sign on a 2’ pedestal would be erected near the main entrance for the business and signage would be added to the pylon sign for the development.
Lee Hartmann stated that the petition before the Board was to place the additional land under the master plan and the plan would have to go through the MEPA process. Mr. Hartmann was supportive of keeping the structure away from the resource area and suggested designing the landscaping to provide visual interest along the façade. Mr. Hartmann was supportive of the waiver of the front setbacks and the modification to the master plan.
Larry Rosenblum felt that the character of the roadway should be protected and the building should be constructed deeper into the site and buffered with landscaping.
Gary Darmon, Saxon Partners, felt that the bays at the rear of the structure would be more appropriate.
Paul McAlduff was supportive of placing the bays at the rear of the site and saving valuable trees.
Malcolm MacGregor was supportive of placing the building closer to the roadway, but wanted an opportunity to view the landscaping plan.
Marc Garrett stated that saving existing green is critical and was supportive of placing the structure closer to the road in order to maximize the amount of trees that would be saved.
Paul McAlduff moved to recommend approval to the Zoning Board of Appeals subject to the following:
GRANT the Special Permit Modification Requests, subject to the following conditions, for the following reasons:
The proposed use is appropriate to this specific site and is allowed through special permit in this zone. At the time of the zoning of this area as Mixed Commerce (MC), the zone was envisioned to be part of a cohesive complex of development with limited curb cuts onto Commerce Way. The land is suitable for this type of development, immediately abuts the existing Colony Place Plaza, and the proposed future access is consistent with the proposed access design for the zone.
Adequate and appropriate facilities (public water, sewer, phone and electric) adequately serve the site if the conditions of the special permit are satisfied. A future modification of Special Permit #3182 for any added retail and parking on the approximately 27 acres subject to this special permit modification will be required.
There will not be an increased hazard to pedestrians and vehicles if the conditions of the special permit are satisfied. A future modification of Special Permit #3182 for any added retail and parking on the approximately 27 acres subject to this special permit modification will be required.
The addition of this land to the Colony Place master planned shopping center project is consistent with the development in the neighborhood and zoning, and the proposed future access is consistent with the proposed access design for the zone.
RECOMMENDED CONDITIONS for Special Permit Modification:
All prior conditions of the special permits shall remain in full force and effect, including any conditions issued for previous modifications to those existing special permits.
Consistent with Condition No. 1 of BOA Special Permit No. 3182, the Petitioner shall return for approval of each phase, including traffic circulation, substantial use and construction to date, and utilities/roadway construction, among other items, prior to issuance of a building permit. Any traffic impacts that exceed the original 865,000 SF of retail/commercial space, including traffic trip projections, will require that the Petitioner provide adequate traffic mitigation, consistent with the MEPA review, be reviewed and approved consistent with the conditions of the original special permit and this special permit modification.
A future modification of Special Permit #3182 for any added retail and parking on the approximately 27 acres subject to this special permit modification shall be required.
Any additional site plans for future phases of the shopping complex shall fully demonstrate adequate consistency with the traffic trip projections and parking requirements for the shopping complex. At a minimum: (1) a chart summarizing all previously approved construction square footage and use, and the associated traffic trips, parking and water/wastewater usage associated with those phases, and separately identifying the current phase’s impacts on said summaries; and (2) a current summary of the traffic mitigation installments as they relate to these phased projects; shall be provided with the filing of future phase site plans to the Town.
All permitting changes associated with the additional land shall be copied to the Board of Appeals and the Building Inspector with specific reference to the special permits governing the approvals for this shopping complex. Any substantial changes to the proposed mitigation and conditions of Special Permit #3182, as modified, shall be subject to approval by the Board of Appeals.
The petitioner shall apply to the Planning Board to modify the existing subdivision (PB Case B-508) in order to construct the proposed access road to remaining portions of the additional 27 acres, as shown in the MEPA Notice of Project Change. Traffic mitigation will also be reviewed at the time of this filing.
WITH RESPECT TO NTB TIRE:
An 8,200 SF commercial building for tire and automotive services is proposed with associated parking and amenities, for the National Tire & Battery company. The building is proposed to be located on Map 104 Lot 26-17 as shown on Modified Master Special Permit Site Plan dated May 8, 2007 and prepared by Cubellis Associates, Inc. of Weymouth, Massachusetts. This land is also referred to on the site plan as “Lot 7”, and consists of approximately 1.556 acres.
PHASING
Per the Greenman-Pedersen traffic memorandum, the Colony Place project under the existing special permit #3182 has constructed approximately 572,000 SF of retail and restaurant space, with another 189,300 SF under construction. NTB Tire is proposed as 8,200 SF retail building, bringing the overall project SF that would be approved under site plan review and phasing to 769,500 SF -- from the original 875,000 SF approved, 105,500 SF are remaining under special permit #3182 (“Lot 5” now labeled “Phase 7” on the Construction Phasing Plan dated April 26, 2007, remains unconstructed). If the additional 250,000 SF is approved, 355,500 SF of ‘permitted’ retail remains unconstructed, and 105,000 SF of ‘permitted’ retail construction could be further approved without additional traffic
mitigation assuming no net change to proposed trip generations in the original traffic mitigation were demonstrated and assuming all other conditions were met.
Greeman-Pedersen’s analysis demonstrates that the traffic trips from NTB will be less than the projected trip generation for this amount of constructed and/or under construction retail space at the present time if NTB is included in those figures.
SITE PLAN
The site will be accessed by existing constructed roadways, fronting on Colony Place, and will tie into existing utilities located within the existing Colony Place plaza.
Two alternative site plan configurations were provided with the submittal. The Site Development Pans for a Proposed National Tire and Battery Building dated May 8, 2007 depict the building meeting all setback requirements, with the ten bay doors facing Commerce Way and parking to the front and side of the building.
The Site Alternative Plan (Sheets A1 and A2) depict the proposed commercial building close Commerce Way, with a 10-foot front setback, which is proposed in order to allow for a greater buffer to the existing wetland to the rear of the site as shown, and limits the amount of grading and clearing that might be needed at the location to construct the building. The parking is set to the corner of the site with the bay doors facing the rear in order to visually enhance the view from Commerce Way. This alternative requires a waiver of the front yard setback, normally 30 feet in this zone.
The Alternative site plan as shown is approved, and a waiver of the 30 foot front setback for this building is consistent with Excellence of Design [per Section 205-10, ¶C(6)]. Parking for 8,200 SF of retail is required at 41 spaces under the Bylaw; 37 spaces with required ADA-accessible parking are shown with 4 banked parking spaces, consistent with the conditions of SP #3182.
LANDSCAPING
The landscaping plan is not recommended for approval without further review of a revised plan by the Planning Board.
SIGNAGE
There are four (4) signs associated with the building, which are consistent in size, layout and lighting to the other signage within the shopping complex, as shown on Signage and lighting plans prepared by US Signs of Houston, Texas dated September 11, 2006 and May 11, 2007:
a. Two (2) architectural signs, one on the front elevation and the other on the west elevation, each 14’ x 4’.
b. One (1) 12’ x 6’6” monument sign at the northeasterly lot corner along Colony Place as the vehicular traffic would circulate past Bed Bath & Beyond at the northerly end of the first plaza.
c. One of the already-permitted entryway pylon sign positions will include the NTB sign, consistent with the permitted design for the pylon entry sign.
The locations of the signs are modified in the Alternative Layout (Sheets A1 and A2) as approved.
LIGHTING
The range of light values in lumens is consistent with the 5,000 – 83,800 lumens signage illumination on other structures in the Colony Place plaza. NTB lumen values range from 5,200 – 44,000. Decorative gooseneck lighting is proposed for architectural signs; monument and pylon sign plans indicate consistent with other monument/pylon lighting within the Colony Place plaza.
RECOMMENDATIONS:
The proposed signage and lighting is consistent with the design standards of the master plan signage for the shopping center as previously granted under BOA 3306, and is recommended for approval.
The Alternative site plan (Sheets A1 and A2) is recommended for approval, and a waiver of the 30 foot front setback for this building is consistent with Excellence of Design [per Section 205-10, ¶C(6)]. The landscaping plan is not recommended for approval without further review of a revised plan by the Planning Board, including any adjustments to the Alternative site plan to make accommodations for landscaping, if needed.
The vote was (3-1) with the Larry Rosenblum in opposition.
Conceptual Review
R.J. Ferioli/Silva Property Rte. 44
Attorney Robert Betters presented a conceptual review for a proposed 66 units of age-restricted pre-manufactured housing with a clubhouse on property located at 90 Carver Road. This proposal would have the least impact on traffic, schools and public services and would require a special permit from the Zoning Board of Appeals. The West Plymouth Steering Committee has reviewed the proposal and had some comments regarding the traffic and buffer areas. Alternatives presented included 144 condominiums consisting of 8 units per lot on 18 lots; 24 single family home lots; and 35 units consisting of 17 duplexes on individual lots with one single family home.
Randy Parker, Land Management Systems Inc., reviewed the site plan for the preferred option and the alternatives. The topography of the site allows for minimal grading. The proposed buffer areas provide approximately 3 acres of open space, the drainage area would be toward the front of the site, the water supply would be through the front of the site and septic systems would be installed. There are no environmental issues on the site.
Ronald Ferioli stated that the pre-manufactured home is the most viable option for the site. Decks, porches, garages, etc. can be added. The market for these types of homes is stronger than the market for duplexes, single family homes, condos. Mr. Ferioli stated that gravel removal would be minimal and that replanting would be done wherever necessary.
Ron Mueller, Greenman Pederson, stated that he is currently preparing a traffic study which will be part of the special permit application. It is estimated that there will be 35 peak hour vehicle trips and provide a decent level of service at the driveway entrance (similar to Westwood Village)and there are adequate sight lines.
Lee Hartmann was supportive of the concept but asked the applicant to look carefully at the buffering to insure that privacy is provided for the existing neighbors.
Marc Garrett felt that the landscaping was very important and that saving as much of the existing vegetation as possible was important. Mr. Garrett also suggested reducing the density by a few units.
Larry Rosenblum suggested limiting building in some areas to create a natural variety within the development.
Malcolm MacGregor agreed that clustering units would help retain the existing vegetation and create more open space.
The Board looks forward to further review of the proposal.
The Board took a five-minute break.
Site Plan Review
A. D. Makepeace/TDR
Larry Rosenblum recused himself and Timothy Grandy joined the Board.
Atty. Richard Serkey reviewed the Transfer of Development Rights (TDR) process which would allow A. D. Makepeace to establish development rights for the Halfway Pond West and Agawam Core areas. All of the development rights for the Halfway Pond West area (78 lots) would be transferred to the Agawam Core and the development rights within the Agawam Core (471 lots) would be transferred to small lots within the Core, thereby leaving substantial open space on which conservation restrictions would be placed. A special permit process under the Traditional Rural Village Development (TRVD) would allow commercial development within the village area.
Curtis Quitzaw, VHB, stated that the plans were done to determine the maximum density by subtracting out the land under the power easements, identifying the wetland areas, vernal pools and constraints of the sites, and then providing conceptual layouts of roadways and lot layouts. The maximum density for the Halfway Pond West area was 78 lots and the maximum density for the Agawam Core was 471 lots.
Lee Hartmann stated that the vote to create the TDR certificates requires a majority vote. Once the certificates are issued, they do not become permanent until a landing area is determined. Makepeace is asking for a waiver of the appraisal process. After lengthy review of the parcels it has been determined that the density indicated is on a one to one basis. Mr. Hartmann stated that the density was calculated by using 60,000 sq. ft. for the minimum lot size as required in the zone the property is located. Mast Road is not a suitable access for this development. Mr. Hartmann gave several examples of areas where reduced density has allowed for a waiver of gravel road standards for access to allow development off gravel roads: Kamesit Grove, Bump Rock Road, Tower Hill Road, and Caleb’s Hollow. Mr.
Hartmann suggested that half the density on the Halfway Pond West parcel might be appropriate as it would be consistent with other projects. On the Wareham Road corridor, power line easements, wetland and River Act restrictions, grading of roads, road crossings over the bogs and water bodies all have to be taken into consideration.
Frank Andrews was concerned with the increased traffic and public safety on Bourne Road and questioned whether there were endangered species on the site that would prohibit certain areas from being developed and considered in the creation of development rights to be transferred.
Mr. Hartmann replied that there is some concern about rare and endangered species in the Halfway Pond West area. The priority habitat areas will be in the protected area and protected under State law.
Pat Adelman thought TDR meant the sending area was not conducive to development, but the receiving area was. Ms. Adelman felt that the Bourne Road area would not be an appropriate receiving area.
Mr. Hartmann stated that access would be on Bourne, Wareham and Halfway Pond Roads. This plan tries to condense development into a limited area.
Helen Hapgood asked if the TDR certificates are created, is the “as-of right” building option eliminated. Ms. Hapgood was concerned that Bourne Road cannot be improved, widened or drainage installed. Ms. Hapgood supported the paving of Wareham Road and limiting the access off Mast Road
Mr. Hartmann stated that the Planning Department and DPW support the paving of Wareham Road. The Gravel Road Committee and their bylaw may define whether it can be paved. Mr. Hartmann stated that the “as of right” is not eliminated until a permit is issued and the construction commences. Mr. Hartmann felt that more information was needed.
Marc Garrett was concerned that the density calculations may be different if MESA encumbers a portion of the parcel, because it will not be developable.
Judy Kohn stated that Natural Heritage may allow development on a portion of the parcel and that the purpose of the TDR is to protect sensitive land.
Mr. Garrett felt that the inputs have to be fully determined before a number of development rights can be agreed to.
Tim Grandy was concerned with maintaining the 200 ft buffer from the river and protecting the endangered species while determining the number of certificates allowed
Malcolm MacGregor felt that a clearer picture of topography and the river front determinations were necessary. Mr. MacGregor suggested that a map showing the topography would be helpful.
The site plan review was continued.
Appointment
John MacLeod/Village Crossing
John MacLeod presented the plans for Phase Three of Village Crossing which will consist of four two unit buildings for a total of eight units, the clubhouse and the pool. The special permit allows for three phases to be active at once. Mr. MacLeod presented the elevations and floor plans for the 4,500 sq. ft. clubhouse.
Caroline Quidort stated that one of the outstanding issues with this development is the sidewalk that was approved to run from the entrance of the development, along Beaver Dam Road to State Road. There is some opposition by abutting homeowners to the installation of the sidewalk as approved.
Mr. MacLeod suggested an alternative that would provide a sidewalk from Phase Two out to Beaver Dam Road near the back of the convenience store.
Ms. Quidort stated that staff was supportive of the proposed sidewalk change and requested information about the foundation plantings that have not been installed yet. Ms. Quidort informed the Board that Mr. MacLeod has been working with the abutters to address drainage issues affecting their properties.
Mr. MacLeod stated that the foundation plantings will be installed once the irrigation system has been installed and that riprap has been installed to address the erosion problem on O’Toole Road.
Malcolm MacGregor asked what type of path would be installed.
Mr. MacLeod replied that it would be paved and that the work on the clubhouse would be done over the winter.
Marc Garrett requested that the landscaping for Phase One, including the entryway should be completed before Phase Three starts. Mr. Garrett was supportive of the relocation of the sidewalk, but wanted to insure that the retention basin area was kept separate.
Mr. MacLeod stated that the Phase One landscaping would be completed once the irrigation system is installed in July.
Casey Shetterly felt that the sidewalk and landscaping should be installed as originally planned.
Malcolm MacGregor stated that the Board of Selectmen would have to do a land taking in order to install the sidewalk as originally planned.
Paul McAlduff moved to support Phase Three of the Village Crossing Development subject to the following conditions:
A substantial amount of landscaping shall be completed at the entranceway of the development.
The developer will construct an adequately buffered path along the retention pond from the interior road of Village Crossing to Beaver Dam Road. The location of the proposed path shall be staked and reviewed by staff.
The vote was unanimous (4-0).
Malcolm MacGregor asked staff to send a letter to the Board of Selectmen to consider taking steps to obtain the land necessary for the sidewalks on Beaver Dam Road.
Conceptual Review
Correa/Seven Hills Road
Randy Parker, Land Management Systems Inc., presented a conceptual Subdivision Waiver Layout Plan and a conceptual ANR plan for property located at 62 Seven Hills Road. Mr. Parker also presented a list of suggested waivers. The subdivision plan would create one additional residential lot. A recent request for a variance was denied by the Zoning Board of Appeals.
The Board was supportive of the conceptual subdivision plan as presented.
New Business:
Larry Rosenblum moved for the Board to create a Chapter 40R overlay district for the area which includes Colony Place, the Almeida property and the Waterhouse LLC property.
Paul McAlduff and Malcolm MacGregor felt that the owner’s of the properties should be contacted to see if there was any interest in pursuing the creation of an overlay district.
No vote was taken.
Paul McAlduff moved to adjourn at 11:25 p.m.; the vote was unanimous (4-0).
Respectfully Submitted,
Eileen M. Hawthorne Approved: July 2, 2007
Administrative Assistant
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