Planning Board Meeting
June 25, 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, Loring Tripp, III, Paul McAlduff, and Larry Rosenblum
Planning Board Alternate: Timothy Grandy
Staff Members: Lee Hartmann, and Caroline Quidort
Recording Secretary: Eileen Hawthorne
Discussion:
Richard Quintal, Chair, Board of Selectmen, addressed the Board with his concerns about proposed development on Water Street. Mr. Quintal would like all the boards to work together for the preservation of Water Street and would like to review the Pilgrim Necklace plan with the Planning Board.
Malcolm MacGregor stated that the Board would meet with the Selectmen regarding the Pilgrim Necklace.
Administrative Notes:
BOA 3434 – Gilligan/Shaheen
The Board recommended approval of BOA Case No. 3434 – Robert M. Gilligan and Sandra J. Shaheen, Landfall Lane, Map 48, Lots 52-6Z and 52-7- request for Special Permit per Section 205.25, Paragraph A3 to rebuild two (2) nonconforming structures destroyed by fire a Special Permit to waive setback requirements, if needed, per Section 205.43, Table 5, subject to the following conditions:
The Petitioner shall return to the Design Review Board for further review of detailed architectural and landscaping plans, subject to final approval of the Board of Appeals.
The total bedroom count for the lot shall be no more than three (3) bedrooms per dwelling unit for each of the subject dwellings.
The walkout, porches and decks shown on the plans shall not be converted to year-round living space without further review by the Board of Appeals.
The size of the dwellings, in footprint, shall not exceed the total of 3,045.0 SF as shown on the plan by Bracken Engineering, Inc. dated March 22, 2007 without further review by the Board of Appeals.
BOA 3435 – Jewel TR, Wallace
The Board recommended approval of BOA Case No. 3435 – Jewel Trust, Jeffrey S. Wallace and Elizabeth Howe Wallace, Trustees, West Long Pond Road, Map 69, Lot 26 – request for a Special Permit per Section 205..25, Paragraph A3 to enlarge a non-conforming structure to construct a 10’x20’ 2-story addition and add a 2nd floor deck to a second house on the property, subject to the following conditions:
The total bedroom count for the lot shall be no more than three (3) bedrooms for the subject cottage.
Proper approvals from the Conservation Commission and Massachusetts Natural Heritage shall be required for any of the work on the property under the purview of these agencies.
The porch/deck shall not be converted to year-round living space without further review by the Board of Appeals.
The conditions of the Massachusetts Natural Heritage correspondence dated January 2, 2007 (NHESP Tracking No. 06-19267, DEP File No. 057-2222), shall be incorporated into the conditions of this special permit; namely:
All site construction work must be completed during the period extending from October 15 to May 15 OR;
If all work cannot be completed outside the nesting and hatching period [for the Northern Red-bellied Cooter turtle] (May 15 to October 15), the entire limit of work associated with the project must be enclosed in a continuous barrier which must be installed before May 15 of any year. The bottom of the silt fencing must be carefully buried in a 4-6-inch deep trench and completely encircle the site. Once the barriers are properly installed and a maintenance plan implemented, work may then proceed at any time of year provided the barrier is adequately maintained year-round.
Erosion control devices shall be removed as soon as site stabilization has occurred, as they can be barriers to wildlife movement.
Landscaping – #14 Apollo 11 Road, Plymouth Industrial Park
The Board recommended approval to the Building Inspector of the landscaping as shown, with installation of plantings per request of staff prior to final occupancy permit at #14 Apollo 11 Road, Plymouth Industrial Park.
BOA 3432 – Wood Builders Dev.
Little Sandy Pond Rd/SP for two-family dwelling
Lee Hartmann presented a request for a special permit in order to construct a two-family dwelling on a vacant lot. One unit would be 3 bedrooms with 1.5 bathrooms and the other unit would be a 2 bedroom with 1.5 bathrooms. A common driveway would provide access off Little Sandy Pond Road.
Randy Parker, Land Management Systems, Inc., felt that a two family dwelling was the preferred alternative to what could be done on the site as using Silent Spring Way for access would change the nature of the neighborhood. Mr. Parker stated that the conditions in the staff report were acceptable.
Larry Rosenblum was concerned with the future development of the remaining 3 lots under the same ownership and preferred to see a more comprehensive plan.
Randy Parker stated that this plan provides a 100 ft buffer along Silent Spring Way and limits the curb cuts off Little Sandy Pond Road. The maximum that could happen on the four lots would be eight units.
Mr. Hartmann stated that we are seeing more requests for two family dwellings as a way to create value and a more reasonably priced unit. This type of development is a reflection of the market and the high cost of land.
Marc Garrett suggested including a condition that would require a deed restriction on the rear of the lots to insure that the buffer area remains natural open space.
Mr. Parker suggested that it could be done with the final zoning plan showing a 100 ft. no cut buffer along Silent Spring Way.
Mr. Hartmann recommended that the recorded plan references the buffer area and the Zoning Board of Appeals Special Permit Number. This would insure that the buffer requirement would not expire.
Mr. Garrett requested that the buffer area be increased to 180 ft. After discussion, it was agreed that the buffer area be increased to 160 ft.
Paul McAlduff moved to recommend approval to the Zoning Board of Appeals subject to the following conditions:
A Condominium Association shall be created and incorporate annual assessment for roadway maintenance, snow plowing, landscaping, drainage, wastewater treatment and other areas of common interest and concern. The Homeowners/Condominium Agreement shall also incorporate provisions regarding the ownership and maintenance of the common landscaped/natural areas.
Prior to the issuance of a Building Permit, the Petitioner shall return to the Planning Board and the Zoning Board of Appeals with plans that show the storm water containment system for the site.
Prior to issuance of an Occupancy Permit, a Registered Professional Engineer must certify that the drainage system, driveways, curbing, and parking areas have been installed according to accepted practices and in compliance with the Zoning Bylaw.
A single curb cut is allowed for this project along Little Sandy Pond Road. A curb cut permit shall be issued prior to the issuance of the Building Permit.
Septic and leaching areas shall meet the appropriate Board of Health regulations.
Clearing between the proposed house and Little Sandy Pond Road is to be limited to that necessary for the driveway, parking, and septic installation. Indigenous trees and vegetation are to be maintained where possible to buffer the house from the street and maintain the wooded streetscape common to the area.
A 25’ naturally vegetated buffer is required along the easterly lot line of Lot 29-51.
A 160’ naturally vegetated buffer is required along the northerly lot line at Silent Spring Way, with vista pruning permitted. Only unhealthy or damaged trees may be revoked from the buffer.
A recorded final plan referencing the vegetated buffers and this Board of Appeals case shall be submitted to the Zoning Board of Appeals for approval.
The vote was (4-0-1) with Loring Tripp in abstention as he arrived during the review.
BOA 3433 – Archibald
Wood St./SP enlarge nonconforming & waive off street parking
Frank Archibald informed the Board that there is an existing third floor apartment that he wants to renovate which requires a special permit.
Mr. Hartmann presented the request for special permits to expand, alter/enlarge a non-conforming use and to waive the off street parking requirements in order to convert an existing two-family dwelling into a three-family dwelling with adequate parking on a 6,350 sq. ft. lot. Mr. Hartmann explained that the Building Commissioner has deemed that the third floor apartment has not been used for more than two years and therefore has lost its nonconformity. Mr. Hartmann stated that staff did not support the request due to parking constraints and the small lot size.
Mr. Archibald stated that it is an existing nonconforming two family and the parking would only be increased by one space. He stated that the building was in rough shape when he bought it and he would like to renovate the third floor apartment to make his investment prosperous.
Loring Tripp if there was a bathroom, kitchen and bedroom on the third floor.
Mr. Archibald presented pictures of the third floor unit.
Mr. Hartmann stated that the Building Commissioner has determined that the third floor use was abandoned for more than two years and now requires a special permit. Mr. Hartmann suggested that the applicant talk to the Building Commissioner about the abandonment of the third floor unit.
Loring Tripp moved to continue the review of BOA 3433 to the next meeting; the vote was unanimous (5-0).
Presentation – Brian Kuhn
Energy Committee, Plymouth 2020 Energy Plan
Brian Kuhn presented the Energy Committee’s Plymouth 2020 Energy plan that proposes that the Town adopt a long range strategy to address its energy requirements, opportunities, and policies. By compiling data from the 118 electric meters on Town buildings, it has been estimated that the Town uses approximately 23.5 million kwh per year. Using a growth factor of two percent that use will increase to 32.2 million kwh per year in 2020. The Town could save 10-20 percent of its energy uses just through energy conservation and efficiency measures. The Town could generate 100 percent of its municipal energy through renewable energy sources such as solar and wind power. The creation of a Plymouth Power Authority could allow the Town to produce power and utilize it for Town buildings. Mr. Kuhn
stated that following things must happen in order for the Town to move forward:
Develop timeline and milestones.
Establish baseline municipal energy use. Monitor results. Measure future results against baseline.
Public Announcement and Support – Town Meeting vote and mandate.
Get continued efforts funded. Use grants and “earnings” from projects as they come on line. Make it self-sustaining – no cost to taxpayers.
Get a Town Energy Manager in place to assist PEC & work with public, to yield consistent, continual efforts.
Create a “Plymouth Power Authority” (a legal entity to buy wholesale and produce power).
Loring Tripp moved to support the Plymouth Energy Committee’s report and study; the vote was unanimous (5-0).
Public Hearing – (cont.) VM
B530 - Waterhouse LLC/off William C. Gould Way
Lee Hartmann reminded the Board that the last hearing was continued in order to allow for peer review of the project and there was a question about ownership. Those issues are still being addressed. A letter has been submitted from the Independence Mall outlining their concerns with traffic in the area and the proposed emergency access. The applicant has agreed to a waiver of timelines in order to continue the public hearing process. Tonight’s focus is the preliminary landscaping plan.
Jon Henson presented the preliminary landscape plan for the proposed development which would consist of three auto dealerships and a hotel. The road adjacent to Rte 3 has been shortened as suggested at the last meeting and will have a driveway for an alternative access to the first lot. The plantings at the dealerships will be low around the buildings and higher in the outer areas. Tree plantings will be selected to minimize leaf clutter and removal while still providing some measure of shade & seasonal interest. Evergreen plantings will be installed along the top of the retaining walls that separate the terraced lots. Street trees would be planted along the William C. Gould extension and the proposed roadway. Detailed planting themes will be submitted with each site plan.
Lee Hartmann asked when the preliminary plant materials and quantities would be completed.
Mr. Henson replied that they would be submitted once the Board provides a direction for the landscaping.
Loring Tripp was supportive of the changes shown. Mr. Tripp asked what the height of the hotel would be.
Atty. Edward Angley stated that the height of the hotel is currently three stories, but the proponent would like to apply for a special permit for a five story structure.
Marc Garrett was concerned about the visibility of the site from Rte 3. Mr. Garrett suggested raising the proposed berm and using lower woody vegetation within the utility easement.
Atty. Angley stated that some visibility from Rte 3 is necessary, but they would provide some buffering. The visibility for the site will be at the intersection of the new roadway and William C. Gould Road. Site plan review will be scheduled for each site.
Mr. Henson stated that he would contact the utility company as to the types of plantings that would be allowed under the easement and that it may be possible to raise the berm by a couple of feet.
Paul McAlduff suggested offsetting the driveways that connect the dealerships.
Malcolm MacGregor asked about the size of trees proposed for the roadway.
Mr. Henson replied that a combination of 2/2.5’ diameter would be installed to avoid transplant shock.
Mr. Hartmann suggested that the internal driveways could be a secondary emergency access way.
Larry Rosenblum asked for the proposed height of the dealership buildings. Atty. Angley stated that the dealership buildings would be between 22’ and 24’ in height. He stated that a connection through the rear of the site to the Commerce Way area is not feasible at this time. Water, sewer and emergency access could be provided through Crow’s Way. A timed signal could be installed at the Crow’s Way access to work with the existing Commerce Way intersection.
Malcolm MacGregor suggested that the Board send a letter to the Town of Kingston regarding access to the intersection of Commerce Way.
Loring Tripp moved to continue the public hearing to July 30, 2007 at 7:30 p.m.; the vote was unanimous (5-0).
Atty. Angley stated that he would submit a written waiver of timeline for the above-mentioned subdivision.
Other Business:
Committee Liaisons
The Board reviewed the list of appointees/designees/liaisons to various committees.
The following committees were eliminated from the list due to the completion/near completion of the charges of the committees or the disbanding of the committees: Obery Street Master Plan Committee, Ponds at Plymouth Association, the Gravel Roads Committee and Pilgrim Necklace Committee (Mr. Rosenblum would remain as the Board’s representative until the final presentation has been completed).
Loring Tripp moved to nominate Marc Garrett to the Harbor Planning and West Plymouth Steering Committees; the vote was unanimous (5-0).
Paul McAlduff moved to nominate Loring Tripp as the Board’s representative to the County Land Committee; the vote was (3-2) with Larry Rosenblum and Marc Garrett in opposition.
Paul McAlduff moved to nominate Loring Tripp as the Board’s representative to the Plymouth Development Corporation; the vote was (4-1) with Larry Rosenblum in opposition.
Paul McAlduff moved to nominate Loring Tripp as the Board’s representative to the Community Preservation Committee; the vote was (4-1) with Larry Rosenblum in opposition.
Paul McAlduff moved to nominate Timothy Grandy as the Board’s representative to the Roads Advisory Committee (formerly the Gravel Roads Committee); the vote was (4-1) with Larry Rosenblum in opposition.
Paul McAlduff moved to nominate Timothy Grandy as the Board’s representative to the Plymouth Public Lands Committee; the vote was (4-1) with Larry Rosenblum in opposition.
Paul McAlduff moved to nominate Marc Garrett as the Board’s representative to the North Plymouth Steering Committee; the vote was unanimous (5-0).
Marc Garrett moved to nominate Paul McAlduff as the Board’s representative to the Affordable Housing Committee, the Building Committee and the Cedarville Steering Committee; the vote was unanimous (5-0).
Loring Tripp moved to nominate Malcolm MacGregor as the Board’s representative to the Manomet Steering Committee, the Plymouth Center Steering Committee and the Joint Chairman Committee; the vote was unanimous (5-0).
Loring Tripp moved for the Board’s votes to reflect the vote of the Board and to eliminate the minority report; the vote was (4-1) with Larry Rosenblum in opposition.
Loring Tripp moved to adjourn at 10:15 p.m.; the vote was unanimous (5-0).
Respectfully Submitted,
Eileen M. Hawthorne Approved: July 16, 2007
Administrative Assistant
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