Planning Board Meeting
September 10, 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: 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
Administrative Notes:
BOA 3449 – Mauiri Electrical Corp.
Little Sandy Pond Road, M 59, L 47 – SP for a substation, residential zone
The Board recommended approval of Board of Appeals Case 3449 – Mauiri Electrical Corporation, Little Sandy Pond Road, Map 20, Lot 7, request for a Special Permit subject to Environmental Design Conditions in order to construct a one-story, 21’ x 36.5’ concrete communications accessory building and appurtenances including a 6’ x 10’ concrete pad with an auxiliary power generator, and a 2’ x 3.5’ O.H. A.C. unit in a residential zone, subject to the following conditions:
The Fire Chief has requested that the access drive shall be widened to 12 feet with clearing of brush and limbs to a height of 12’ above the drive for adequate emergency access.
Sight distances shall be shown on the plans, and any appropriate trimming of trees, if needed, shall be incorporated into the plan of work for appropriate sight distances for the access drive.
Site Plan Review
Brigantine Plaza
The Board recommended notifying the Building Commissioner that the site plan presented to change the façade and add a canopy to Brigantine Plaza, 32-50 Long Pond Road, Map 83, Lot 3-16, is acceptable and that the site plan complies with the minimum requirements of the zoning bylaw if the below conditions are satisfied:
The applicant must document compliance with Plymouth's Light Pollution Bylaw, and lights should not exceed twelve (12) feet in height.
Compliance with ADA requirements must be documented.
Signs will comply with the zoning bylaw or further review will be required.
BOA 3451 – Paul J Afanasiw, Jr (VM 10/3)
Brewster Street, M 20, L 7, SP waive side setback requirements, enlarge a non-conforming structure to erect a carport
The Board recommended approval of BOA Case 3451 – Petitioner: Paul J Afanasiw, Jr., 15 Brewster Street, Map 20, Lot 7, request for a Special Permit to waive or reduce the side setback and a Special Permit to enlarge a non-conforming structure in order to renovate the existing structure, which is need of repair. The renovations will include, among other items: new cedar shingles; repair to the brick retaining walls located in the front and along portions of the westerly lot line; a brickwork patio to the rear of the property; a brick column fence (6-foot columns spaced with wood) on the side lot lines; an addition of a wrapped upper deck/lower porch to the rear of the house (neither enclosed); construction of a random-paver stone driveway (replacing existing paved drive and constructing new parking area and extension of drive to
Gordon Place); and an open car port under the proposed 2nd-story deck addition on the west side over the drive near the house entry to provide shelter for exiting/entering of the vehicle (not for parking), subject to the following conditions:
The proposed porch and 2nd-story deck shall not be enclosed or converted to year-round dwelling space.
If the drive is paved in the future, all runoff from this paving shall be contained on the subject property.
Paul McAlduff moved for the Board to approve the Administrative Notes as presented; the vote was unanimous (3-0).
Form A’s:
A4270 – Map 57, Lots 50-1D, 51C, 50_1E, 50-2B, Roxy Cahoon Road – Lot line adjustments
Paul McAlduff moved for the clerk to sign the plan; the vote was unanimous (3-0).
Loring Tripp arrived at 7: 06 p.m.
Marc Garrett opened the nomination for two Planning Board members to sit on the 1,000 acre committee. A question has arisen as to whether there should be one or two representatives appointed. Mr. Garrett suggested assigning one primary member and a secondary member if needed.
Paul McAlduff volunteered to be the primary member representing the Planning Board on the 1,000 Acre Advisory Committee.
Loring Tripp moved to appoint Paul McAlduff as the primary representative; the vote was unanimous (4-0).
Paul McAlduff nominated Malcolm MacGregor as the secondary member; the vote was unanimous (4-0).
Committee Appointment
Plymouth Center Steering Committee
Paul McAlduff moved for the Board to appoint Patrice Hatcher to the Plymouth Center Steering Committee; the vote was unanimous (4-0).
Public Hearings – Fall Town Meeting Articles (cont.)
Rezone – Map 45C, Lots 152 & 153, Taylor Ave
Marc Garrett read the public hearing notice and opened the public hearing.
Atty. Edward Conroy presented the petitioned article to rezone two lots on Taylor Ave from R20SL to Neighborhood Commercial (NC). One of the existing buildings on the site is a residential unit. The other existing building on the site had been operated as a restaurant in the past, but because it has been vacant for several years, it has lost its zoning protection as a pre-existing non conforming use. The zoning change would allow the building to be operated as a restaurant again. The petition has been presented to the Manomet Steering Committee. They were supportive, but did have some concerns about the parking situation.
John and Beth Sandvik spoke in opposition to the rezoning. They were concerned with the parking and septic system being inadequate, as well as the noise of operating a commercial business such as a restaurant so close to a residential neighborhood.
Marc Garrett stated that the Board is being asked to support a zoning change. Most of the uses for the commercial space would require a special permit. The Town’s master plan supports limited commercial uses in these neighborhoods.
Paul McAlduff moved to close the public hearing; the vote was unanimous (4-0).
Paul McAlduff moved to recommend support to Town Meeting of the proposed zoning change for Map 45C, Lots 152 & 153, Taylor Ave, from R20SL to Neighborhood Commercial; the vote was unanimous (4-0).
Pinehills LLC – Petition to Amend Master Plan
Marc Garrett read the public hearing notice and opened the public hearing.
Atty. Robert Betters presented the petition to amend the Pinehills Master Plan to incorporate a 69.41 acre parcel previously owned by the Leto family into their development. The site consists of lots 6A and 7A on Map 76 and is located near the northeast area of the development. The Pinehills has received a MEPA certificate for their seventh Notice of Project Change. The increase in acreage would bring the development to approximately 3,243 acres with 2,240 acres of open space. A conceptual plan for areas of the parcel (approximately 21 acres) that would be developed was presented with a definitive plan to be submitted at a later date. The open space areas on this parcel would be used for passive recreational uses only and at the request of the family, two markers would be erected within the open space that would
honor the Leto family.
Loring Tripp had some concerns with adding more houses to the development that may impact traffic in the future. So far the infrastructure has been adequate, but he was concerned with the future and suggested discussing additional mitigation for the additional construction equipment and trucks using the Town’s roads.
John Judge, Pinehills LLC stated that the development is generating $7.5 million in tax revenues, has minimal impact on the schools, plows and maintains their roads, and has private water and sewer.
Mr. Tripp stated that the taxes are assessed to the individual homeowners and that mitigation should be the responsibility of the developer.
Lee Hartmann stated that the MEPA certificate suggests looking at the traffic impacts in the future, but that none are required now.
Mr. Tripp suggested holding a workshop to discuss a comprehensive plan for traffic mitigations with the Pinehills and A.D. Makepeace.
Mr. Judge agreed to participate in the discussions.
Loring Tripp moved to close the public hearing; the vote was unanimous (4-0).
Loring Tripp moved to recommend approval of the amendment to the Pinehills Master Plan
(See Attachment).
The vote was unanimous (4-0).
Site Plan Review (CQ)
Mayflower Bank, Obery Street
Atty. Larry Winokur began the presentation of the architectural details and choices of colors for the proposed Mayflower Bank/office building to be constructed on Obery Street. The Board previously reviewed the site plan and made a favorable recommendation with conditions to the Building Commissioner. A condition of the recommendation required that the proponent return to present the exterior colors and materials for the building. It was suggested that the architect consider varying the fenestration on the front of the building.
Scott Town informed the Board that they did not make any changes to the fenestration. The size of the trim boards around the windows was increased. The exterior of the structure will be hardy plank in a light mist color with the asphalt roof shingles in black pepper.
Paul McAlduff moved to notify the Building Commissioner that the Petitioner has satisfactorily meet Condition #1 and Condition #2.
Condition:
1) The Petitioner shall give consideration to architectural detailing such as extending the eaves, increasing the fenestration, and/or adding shutters with the overall goal of creating a more intimate traditional New England style building. The petitioner shall respond to these considerations to the Planning Board with final approval by the Zoning Board of Appeals.
According to the Petitioner the eaves have been extended in order to create a more traditional New England style building. Due consideration was given to increasing the fenestration; however given the interior layout of the office space additional windows would not be practical. Shutters were considered but given the number of windows and space between each, shutters would create a cramped feeling. Instead, the Petitioner has increased the trim board around the windows.
2) Prior to the issuance of a Building Permit the following shall be submitted for review by the Planning Board:
a) Exterior colors and materials shall be reviewed by the Planning Board prior to the issuance of a Building Permit.
The Petitioner has indicated that hardy plank will be used for siding material. The color will be “Light Mist.” The asphalt roof will be “Black Pepper” in color.
The vote was unanimous (4-0).
BOA 3448 – RJ Ferioli (CQ)
Carver Road, Age Restricted Mobile Home Park
Atty. Robert Betters presented revised plans for Special Permit in order to construct an age-restricted, modular home park to be located off Carver Road. The Board reviewed the original plan on August 27, 2007 and voted to make a negative recommendation. The revised plan decreases the number of units from 66 to 64 and increases the buffer areas along Miller Drive and the northern and southern borders of the site. Any buffer areas that are sparsely vegetated would have supplemental plantings. The buffer area to the west would have a minimum of 30 ft. and along Carver Road the buffer area would have a minimum of 40 ft. The landscaping plans for the plantings along the front of the site and the entrance were shown. Pedestrian walkways have been provided within the site. Mr. Ferioli has
agreed to gift $500 per unit to the Town which could be used to provide pedestrian access in West Plymouth. Mr. Ferioli has also agreed to meet with the neighbors to address their concerns prior to the Board of Appeals public hearing.
Glen Silva spoke in favor of the project. He felt it would not be appropriate to install a traffic signal at the entrance for this site.
Reverend Showalter stated that it is already difficult to enter and exit his driveway and this project would make it worse. Rev. Showalter felt a traffic signal might help.
Paul McAlduff felt the density was still too high and that the main entrance should be located across from the West Plymouth Plaza entrance and have a traffic signal.
Larry Rosenblum still wanted to see an outdoor focal point, such as a pocket park for passive recreation.
Atty. Betters stated that during the last review of the project, the traffic engineer was emphatic that the entrance should not be located across from the West Plymouth Plaza.
Ronald Ferioli made the following statements:
The traffic study indicated that the entrance would be too close to an abutting driveway if it was located across from the Plaza.
There is a demand for age-restricted housing.
He is trying to keep the density low while creating a quality project.
He would plant trees or put up fencing on the abutting properties if that is necessary.
He could relocate the community building to the center of the property.
Amenities such as bocce and/or shuffleboard courts, a pool, and putting greens would be provided if the residents so choose.
He would increase the funds gifted to the Town to $1,000 per unit.
Loring Tripp was supportive of the funds gifted to the Town being used to provide sidewalks in West Plymouth and Mr. Ferioli’s efforts to work with the neighbors to provide adequate buffers.
Marc Garrett appreciated the Mr. Ferioli’s effort to revise the plan and address the concerns of the Board and the neighbors. Mr. Garrett requested that a definitive planting plan for the buffer areas should be provided and a summary of the discussions with the neighbors.
Larry Rosenblum moved to recommend approval to the Zoning Board of Appeals subject to the following conditions:
All occupants must be 55 years of age or older. Prior to the start of residential dwelling construction, the petitioner shall provide adequate documentation that restricts all permanent occupants to fifty-five (55) years or older as described in the Zoning Bylaw.
As agreed to by the Petitioner, the clubhouse and its surrounding community open space amenity shall be moved to a more centralized location.
The Petitioner has agreed to work with the Building Commissioner to identify areas within the proposed buffers that need increased vegetation. The Petitioner will install plantings to increase vegetation in these identified areas.
The Petitioner has offered a gift of $1,000 per unit ($64,000), as the units are sold, to be dedicated to the providing sidewalks in the area.
The open space and no activity zone shall be staked and a noted in the rules and regulations for the project. If any unauthorized clearing occurs in the open space/no activity zone, the property owner shall restore the vegetation to its original standing.
Prior to the start of residential dwelling construction, the following is to be reviewed by Planning Board, and Town Engineer and Design Review Board where appropriate, to the satisfaction of Board of Appeals:
A detailed drainage plan shall be submitted to the Town Engineer for final approval.
Plans as required under the Bylaw, including a definitive landscape plan, at the required scale shall be submitted, which clearly depict open space areas with total square footage indicated for committed open space and common areas and which depicts lot sizes and setbacks in conformance with the Bylaw. The plans shall include: detailed landscaping plans; grading and finished elevations; detailed drainage and water main loop plans and easements, including hydrants, gates and other water appurtenances to the satisfaction of the Water and Fire Departments; driveway layout and cross-section, radius for the turns, and Fire Chief approval of the layout; sight distances, a note regarding proposed vegetation, and a proposed road name for the driveway.
This Decision will be recorded with the plans at the Registry of Deeds, and a certified copy indicating such Registry recording must be provided to the Building Inspector prior to issuance of a certificate of occupancy.
Proposed vegetation and signage along the front of the site shall be kept low to the ground or set back sufficiently from the edge of the roadway so as not to inhibit the available site lines.
Lamp post/street lights shall not exceed 12’ in height.
A 30’ to 50’ wide no activity buffer along the sides and rear of the property shall be established, together with the 100’ conservation buffer. Tree removal will generally be limited to the home sites and roads indicated on the conceptual plan, and where necessary to install septic systems.
Prior to completion of the project, the following must be submitted to the Zoning Board of Appeals, with advisory review by the Planning Board:
A Registered Landscape Architect or other qualified licensed professional must certify to the Building Commissioner that the required landscaping has been installed in accordance with an approved site plan, Zoning Bylaw, and acceptable landscape practices.
A report must be submitted to the Building Commissioner by a Registered Professional Engineer certifying that the drainage system, curbing, and new access road have been installed according to accepted practices and in compliance with the Zoning Bylaw.
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.
A stop sign and twelve (12) inch stop line is required at entrances without signals. The entry radii must be thirty (30) feet.
Low Impact Development (LID) such as “rain gardens” should be considered where applicable.
Paved construction aprons are required during construction and must be in place when construction commences.
The vote was unanimous (4-0).
New Business:
Larry Rosenblum presented a draft memorandum to the Board of Selectmen for the Board’s consideration of the next steps regarding the 1,000 acre parcel. The Board discussed the memo and agreed to continue the discussion to the next meeting in order to give the members time to contemplate and submit suggestions to be incorporated into the memo.
Loring Tripp moved to adjourn at 10:20 p.m.; the vote was unanimous (4-0).
Respectfully Submitted,
Eileen M. Hawthorne Approved: September 24, 2007
Administrative Assistant
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