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, Loring Tripp, III, and Larry Rosenblum
Planning Board Alternate: None
Staff Members: Lee Hartmann, Valerie Massard and Caroline Quidort
Recording Secretary: Eileen Hawthorne
Committee Appointments
Malcolm MacGregor abstained from voting on the Manomet Steering Committee and asked if the applicants wished to postpone the vote until a future meeting. Both applicants wished to proceed at this meeting.
Manomet Steering Committee
Loring Tripp moved to appoint Charles Moses to the Manomet Steering Committee; the vote was (2-0).
Open Space Committee
Loring Tripp moved to appoint John Mahoney to the Open Space Committee; the vote was (3-0).
Administrative Notes:
Minutes of June 25, 2007
BOA 3438 – Verona LLC
The Board approved BOA Case No. 3438 – Petitioner: Verona LLC, Owner: B & W Trust, 89 Sandwich Street, Map 22, Lot 171- request for Special Permit per Section 205-48, Paragraph C2 to convert an existing office space to a hair and beauty salon, with staff’s recommendations.
Loring Tripp moved to approve the administrative notes as presented; the vote was (2-1) with Larry Rosenblum in opposition.
BOA 3440 – Bobcat Partners LLC
89 Court Street/SP multi-family affordable units with waivers
Atty. Robert Betters, representing the Office of Community Development (OCD) began the presentation for special permits for multi-family, for affordable units and a waiver of dimensional intensity and other applicable regulations, including prohibition against street floor residential units on numbered highways in order to convert vacant office space to 13 affordable rental units. The project is a joint effort between the petitioner (Bobcat Partners LLC) and the Town of Plymouth. The OCD will help to fund the project and oversee the affordable housing. The project will create thirteen units of affordable housing. The Historic District Commission approved the project with a few changes requested (the changes will be presented to HDC on 7/18/07) and the Design Review Board was supportive.
Jay McMichaels, Coastal Restoration, presented photographs of the existing building. Mr. McMichaels stated that exterior changes would include incorporating the existing portico into living space, adding two shed dormers and redirecting the existing brick walkway to the new entrance. Parking would be partially on site and partially in the Memorial Hall parking lot. Two or three additional lighting fixtures will be installed as necessary. All other renovations would be interior.
Caroline Quidort explained that special permits for parking are not required if the number of spaces are less than what was required under the pre-existing nonconforming use. The previous use required 67 parking spaces and the new use requires 20 spaces. Resident parking passes would be purchased by the residents. Ms. Quidort suggested that the lighting be identified on the final plans.
Larry Rosenblum suggested adding architectural details or landscaping to direct pedestrians to the new entrance. Mr. Rosenblum also suggested that outside amenities be provided on site.
Mr. McMichaels stated that the Historic District Commission (HDC) requested that an entry canopy be added for shelter and to direct pedestrians to the entrance.
Loring Tripp felt that the project was a great use for the building and a great partnership for the town. Mr. Tripp was concerned with public parking and the possibility of a garage being built on the Memorial Hall site. Mr. Tripp suggested adding an enclosed courtyard in front of the building to provide a communal area for the residents.
Malcolm MacGregor suggested minimizing the noise from the mechanical room which is adjacent to a bedroom and minimizing the energy the units use by installing Energy Star utilities, heating systems, windows, and appliances. Mr. MacGregor asked if there was any storage areas provided for the units.
Mr. McMichaels stated that insulation and carpeting will minimize the noise within the building. He also stated that there would be no storage areas as there is no basement.
Bruce Arons affirmed that all building codes would be adhered to and that Energy Star materials would be used wherever applicable. There will be a common laundry room, the building will have a sprinkler system and an energy efficient heating system installed. In order to provide affordable units and stay within the budget for the project, a courtyard and landscaping may not be feasible.
Mr. Tripp suggested asking for waivers of permitting fees so that an amenity could be added.
Valerie Massard suggested that the applicant could look for other sources to fund an amenity.
Jon Henson volunteered his services to provide a sketch of potential landscaping for the project.
Loring Tripp moved for the Board to recommend approval to the Zoning Board of Appeals subject to the following conditions:
The proposed project is in the Historic District and is subject to review by the Town of Plymouth Historic District Commission.
The Petitioner shall submit a conceptual landscape plan, to be implemented at a later date budget permitting, for review by the Planning Board with final approval by the Board of Appeals.
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.
Prior to issuance of a Building Permit:
a. The location of the light poles shall be indicated on the final plans.
b. If a trash receptacle is used on site, it is to be located and screened from public ways.
c. The Petitioner shall submit documentation demonstrating conformance with Section 205-65 of the Bylaw, Prevention of Light Pollution, shall be submitted to the satisfaction of the Building Inspector. Light poles should not exceed twelve (12) feet in height.
d. If an access and utility easement from the Town is required parallel to Water Street on the rear of the subject property, appropriate authorizations from the Town/Board of Selectmen must be in place.
e. Adequate fire flow and static pressure for water must be demonstrated by the Petitioner, and requirements of the Fire Chief with respect to hydrants must be satisfied.
f. The Petitioner must receive appropriate approvals from the Plymouth DPW with respect to the sewer connection.
The vote was unanimous (3-0).
Form A’s:
A4264 – Map 45, Lot 12A (1.54 A), Brook Road – Subdivide into Lots 12C (26,890 sq. ft) and 12D (40,305 sq. ft.)
Valerie Massard reminded the Board that this property as well as others in the area had a 99 year deed restriction that restricts additional building. In the other cases, a document has been recorded that dismisses the restriction, but there is no dismissal for this lot.
The Board took no action.
BOA 3439 – Secured Realty (aka BBC, Cedarville)
State Road/SP for planned shopping center & elderly housing
Atty. Ed Angley inquired whether the Board wished to view a full presentation or if presenting the changes that have been made to the project since the last presentation would be sufficient.
Malcolm MacGregor asked for the changes to be presented.
William Shaw, Associated Engineers, Inc. informed the Board that the unit count has been reduced by three, the rear building has been rotated, and the retaining wall has been changed to four foot terraced intervals.
Jon Henson reviewed several changes to the site. Previously the unit count for the project was at 35, it has now been reduced to 30 units. There will be sixteen two-bedroom town house units with one garage space and one parking space in front; eight on either side of a neighborhood road with walkways on both sides leading to a fourteen unit building at the rear of the site. The rear building will have a parking area on the lower level. The overflow parking area for the residential component has been reduced to provide a larger open space area. The retaining wall which was formerly 12 ft. has been reduced to four ft. tiers with planting areas on each level. A planted buffer will be provided to maintain privacy for the residents on Wedgestone Drive. The retail component remained in
the same location and will have a service drive along Old County Road which will be buffered with evergreen plantings of 8-10 ft. The site would be accessed off State Road and Old County Road with a landscaped area separating the commercial area and its parking from the residential component.
Larry Rosenblum suggested a direct pedestrian connection to State Road should be provided for the residents.
Allen Popkin, Maugel Architects, reviewed the architecture for the retail building. The design of the retail building has not changed. It will have a colonial look with dormers, green glass in aluminum frames, awnings, shingle type material on the gable ends, glass doors along the front of the building, a metal roof system, a tower element (under 35 ft.), a drive through window at the easterly end of the building. The town house units will be 1400 sq. ft. with a farmer’s porch and one car garage in front. They will have shingled siding and double hung windows. The rear building will have brick and horizontal siding
Valerie Massard asked if the new plans had been presented to the Cedarville Steering Committee and the Design Review Board.
Mr. Shaw stated that both committees have reviewed the revisions and they were supportive of the revised plan.
Ms. Massard stated that the previous review was favorably recommended by the Planning Board with similar conditions that have been outlined in the staff report. There were traffic issues that the Board had some concerns with. A peer review of the traffic has been done by CDM which has determined that the traffic study was done appropriately. A mitigation package had not been worked out at the time of the original filing. The original filing was withdrawn without prejudice in order to address the traffic issues and negotiate a mitigation package. The updated traffic study has not changed significantly from the previous submittal. Staff has met with Denis Hanks about the possibility of utilizing a District Improvement Financing (DIF) program for this area. There are several projects under consideration
in this area as well as the approved Cedarville Commons (still under appeal) that may be able to participate in the DIF. The proponent has agreed to give the Town the frontage along State Road so no eminent domain taking for road improvements would be necessary if Cedarville Commons is constructed. They have also agreed to construct sidewalks along State Road and participate in providing the design plan for the traffic signalization. If Cedarville Commons is not constructed, they will install the sidewalks along State Road and cooperate with the traffic signal design.
Atty. Angley confirmed that the proponents would gift the land for the road improvements to the Town, they would install a crosswalk on Old County Road, and participate in the DIF program.
Ms. Massard stated that an affordable housing MOU has been signed to construct the affordable housing on site. Ms. Massard stated that the parking proposed is above the minimum required. Ms. Massard suggested that during the site plan review stage plans should be presented that show more detail and features to break up the façade on the rear of the retail building; more landscaping or a berm (or both) at the rear of the retail building; more landscaping within the commercial parking lot; a variation in the location of the townhouse units in the residential area.
Loring Tripp suggested that between $40,000 and $60,000 might be appropriate for the road mitigations and suggested adding fencing to the service area.
Malcolm MacGregor suggested adding dormers and raised brick to the rear of the retail building. Mr. MacGregor asked where the dumpster area would be.
Jon Henson replied that the dumpster would be enclosed within the service area to the rear of the retail building and that they would consider adding some fencing.
Larry Rosenblum was supportive of adding the dormers to the rear of the retail building and suggested providing a pedestrian access from the residential area to the retail area. Mr. Rosenblum also suggested adding signage to the corner of State Road and Old County Road.
Loring Tripp moved for the Board to recommend approval to the Zoning Board of Appeals subject to the following conditions:
No more than 50,000 cubic yards of material may be removed from the site under this special permit.
Prior to issuance of a building permit for each phase, the Petitioner shall post a performance guarantee to assure completion of the earth removal. Funds are to be posted in a form acceptable to the Building Commissioner to cover the cost of establishing vegetative stabilization of the exposed areas.
The proponent shall be required to post a bond sufficient to ensure that any damage caused to Town roadways will be repaired.
Erosion control measures shall be detailed on a final plan to be submitted to the Building Commissioner. Any exposed banks or land areas created by the excavation should be hydro-seeded or otherwise stabilized in a manner acceptable to the Building Commissioner within six months of the excavation. The plans shall include a three-year inspection plan to ensure adequate stabilization. The proponent 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.
The proposed truck route shall be approved by the Board of Appeals and will not include use of Old County Road, as agreed to by the Petitioner.
A plan for dust suppression measures shall be submitted to the Building Commissioner for final approval, and shall include a minimum of 100 feet long bituminous asphalt access road for ingress/egress to the site, with a 50 foot long haul road consisting of coarse aggregate material located beyond the asphalt.
The grading and 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 8:00 AM to 4:00 PM. No excavation activities shall be permitted on holidays.
Proposed side slopes shall be at a grade of 3:1 or 2:1 with erosion control measures in place.
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 the end of each phase, prior to issuance of an Occupancy Permit, a statement shall be submitted to the Building Commissioner from a Registered Professional Engineer stating that the conditions of the Special Permit are being followed, and providing tallies of earth removal to accurately determine the amount of gravel being removed.
No more than 30 residential dwelling units shall be constructed under this special permit. Up to 30 residential dwelling units may be constructed subject to the Petitioner meeting the following conditions to the satisfaction of the Board of Appeals.
All residential units are to be age-restricted, as defined under the Bylaw, all permanent occupants must be 55 years of age or older.
As agreed to by the Petitioner, the Petitioner shall submit phase site plans to the Zoning Board of Appeals for its approval as consistent with the special permit prior to applying for a building permit for each phase identified in the special permit decision. Such phase site plan shall include a site-phasing schedule, which addresses: stormwater management, utility installation, off-site mitigation improvements, emergency access, roadway construction and building construction within each phase. Each such site plan shall include drawings, details, text and specifications for drainage, utilities, roadways, landscaping, building design, colors, construction materials, and walkways.
The Planning Board, Town Engineer, Fire Chief, Department of Public Works, and Design Review Board shall be given an opportunity to review and make written recommendations to the Zoning Board of Appeals regarding the site plans for each phase prior to the final approval by the Zoning Board of Appeals. Site plan approval shall require that the Planning Board, Town Engineer, Fire Chief, Department of Public Works, and Design Review Board have an opportunity to review and comment on whether the site plans adequately address issues as may be specified in the special permit, including but not limited to the following:
1. Public health, safety, and convenience;
2. Aesthetics;
3. Pedestrian circulation within the site;
4. Traffic circulation within and outside the site; and
5. Substantial use and construction to date.
The Zoning Board of Appeals shall review the plans for each subsequent phase at an informal public meeting and shall approve the phase if a majority of the members of the Zoning Board of Appeals in attendance determine that such phase is in substantial compliance with the special permit. The Zoning Board of Appeals may approve some variations in the location and design of buildings, parking areas, or other elements that do not amount to a substantial modification of the project.
The phasing schedule is an essential feature of the special permit, and the Petitioner may not modify the phasing schedule without the permission of the Zoning Board of Appeals. In each site plan review submittal, the Petitioner must identify any significant change to the original phasing schedule referred to in the special permit and provide an explanation of such changes.
Specific components of the site plan that shall be addressed at the time of review of the individual site plans for the phased construction of the project shall include, at a minimum:
a. The Petitioner must demonstrate adequate static and fire pressure in order to utilize Town water, and must meet the requirements of the Fire Chief and the Town of Plymouth Water Department. Hydrants and residential fire-suppression sprinklers will be located as required by the Fire Chief.
b. The Petitioner shall address the front setback shown for the proposed 15,000 SF retail building, where a minimum 40 and maximum of 60 foot setback is required under current zoning, to the satisfaction of the Board of Appeals.
c. Petitioner shall make use of landscaping berms and architectural features to break up the elevation of the proposed retail building that faces onto Old County Road, and to use decorative light fixtures and methods for screening the dumpster and service area located at the rear of the building year-round;
d. The Petitioner shall make every effort to incorporate planted islands within the parking lot to the extent feasible given the parking requirements of the site. Waivers of the Bylaw design standards for the parking area, especially that for the existing restaurant and proposed commercial use, for landscaping and island requirements for parking lots of this size have been granted in order to create meaningful buffers to the abutting roadways and neighborhoods, as the parking component will be screened from external view and will satisfy the intent of this portion of the bylaw, which is to prevent the visual impact of a large asphalt parking area.
e. Detailed descriptions of any presentation of the building materials, colors and architectural renderings presented at the Planning Board and Board of Appeals meetings must be provided in a written report by the Petitioner no later than fifteen (15) days from the effective date of this special permit decision. No other building materials, colors or architectural styles may be used, and no substantial changes to the conceptual landscaping plans submitted at the Planning Board meeting shall be made, without further review by the Planning Board and Design Review Board, subject to final approval by the Board of Appeals.
f. Emergency vehicle access and maneuverability at the proposed cul-de-sac and around the proposed 14-unit building must be addressed in the final site plans, through a CAD-diagram showing the driving pattern on the site plans of the typical Town of Plymouth fire engine, with Fire Chief approval, prior to issuance of a Building Permit for any of the residential dwelling units at this site. The information submitted by the Petitioner in satisfaction of this condition may be subject to peer review at the determination of the Board of Appeals.
g. The Petitioner shall explore options to try to create a more direct pedestrian route from the residential component of the property out to State Road.
h. The Petitioner shall demonstrate that the proposed 15,000 SF additional retail, 30 units of age-restricted housing and reconfigured parking lot will adequately meet the parking and vehicular circulation demands of the site to the satisfaction of the Board of Appeals prior to issuance of a Building Permit for any phase of this site.
i. The proposed drainage system shall be in compliance with the Town Building Inspector’s accepted practices and in compliance with the Zoning Bylaw.
j. All site lighting is to comply with the Light Pollution Bylaw per Section 205-65. Light poles should not exceed twelve (12) feet in height in the residential area and shall not exceed twenty (20) feet within the site.
k. Rooftop mechanicals for the retail building and the multi-unit residential building shall be adequately screened from public ways and abutters to the extent feasible.
l. If a trash receptacle is used on the site, it shall be located and screened from the public view.
The right-of-way that extends from State Road to Nameloc Road as shown on the plans will remain. The pedestrian use of the easement will be directed and incorporated into the pedestrian layout of the site.
A curb cut permit from Mass Highway on Route 3A is required prior to issuance of a building permit.
Prior to issuance of an Occupancy Permit for any of the commercial or residential buildings subject to this special permit, the Petitioner shall:
m. Address the need for pedestrian access to the Shaw’s supermarket via Old County Road by constructing a sidewalk along Old County Road along the frontage of the subject property and to create a pedestrian crosswalk from the subject property to the opposite side of Old County Road;
n. Construct a sidewalk along the Route 3A frontage of the subject property;
o. Allocate an easement, or gift to the Town, the land needed for future widening of Route 3A, including sidewalk location, at no cost to the Town across the frontage of the property as depicted on the plans as a part of the proposed traffic mitigation; and
p. Make a payment of not less than $40,000.00 to the Town for future road improvements at Route 3A in the immediate vicinity.
The residential component of the project is subject to a special permit for Inclusionary Housing per Section 205-71 of the Bylaw. The Petitioner has agreed to construct three (3) on-site affordable units the amount and terms of which has been negotiated through the signed Memorandum of Understanding dated April 17, 2007 between the Plymouth Housing Authority and the Petitioner, in a manner acceptable to the Board of Appeals. The Petitioner shall address the discrepancy between the Affordable Housing MOU that says all units will be 2-bedroom and the architectural plans that show some one-bedroom units in the larger multi-unit building prior to issuance of a Building Permit for any residential dwelling unit on the property.
Residential decks and balconies shall not be enclosed without review by the Board of Appeals.
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, wastewater treatment 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 (3-0).
Other Business:
Larry Rosenblum requested that a future agenda item be scheduled regarding proposed legislation for Chapter 40T.
Valerie Massard stated that she would provide the Board with more information.
Loring Tripp moved to adjourn at 9:35 p.m.; the vote was unanimous (3-0).
Respectfully Submitted,
Eileen M. Hawthorne Approved: July 30, 2007
Administrative Assistant
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