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 Valerie Massard
Recording Secretary: Eileen Hawthorne
Administrative Notes:
1. The Board approved the minutes of October 22, 2007 with the following change requested by Larry Rosenblum: The sentence that read “The Board discussed the proposed change to the Charter language as follows” was changed to “The Board discussed the following proposed change to the Charter language”.
2. The Board approved a bond reduction for work completed in the B432 – Carter’s River Farm l and the B488 – Carter’s River Farm II subdivisions in the amount of $28,242.40.
3. The Board approved a bond reduction for work completed in the B526 – Alpine Road subdivision in the amount of $4,712.50.
4. The Board approved a bond reduction for work completed in the B438 – Bramhall Estates subdivision in the amount of $23,237.33.
5. The Board approved a bond reduction for work completed in the B507 – Preserve at Halfway Pond II (Wildflower Lane) subdivision in the amount of $3,000.00.
6. The Board recommended approval to the Zoning Board of Appeals for Case #3464 – Dennis Cutting, Microblend, Camelot Drive, M 83, Lot 23-22 – Special Permit use in a Light Industrial zone, Camelot Industrial Park, in order to relocate an existing auto body repair business.
Paul McAlduff moved to approve the administrative notes as presented with the above-mentioned change to the minutes of October 22, 2007; the vote was unanimous (4-0).
BOA 3459 – Waterhouse LLC
Off Crow’s Way, Map 102, Lots 13 & 14 – Modification of Special Permit 3302, to exceed the height limit for the construction of a five-story hotel
Atty. Edward Angley began the presentation for the request to modify Special Permit #3302, in order to exceed the height limit requirements for the construction of a five-story hotel adjacent to the three proposed car dealerships off William C. Gould Way.
William Shaw, Associated Engineers, presented a revised site plan for the proposed hotel. By raising the height to five stories instead of three as originally planned, the footprint of the structure is diminished. The smaller footprint allows for additional islands and increased landscaping within the parking lot and other areas around the site. The room count would not change. The top of the five-story structure would be approximately 12’ to 18’ below the existing tree line.
Jon Henson reviewed photographs of the site and cross sections detailing the three car dealerships, the hotel, and the landscape buffers between each site. From Route 3 into the site, the first car dealership site would be below grade at elevation 121, the second car dealership site would be at elevation 126, the third card dealership site would be at 132 and the hotel site would be at 138. The elevation beyond the hotel is in the 153 to 161 range with vegetation of approximately 30 to 40 ft high. The visibility from Route 3 would be filtered by existing and planted vegetation.
Valerie Massard suggested that a final detailed landscaping plan showing the screening in five and fifteen year periods should be presented and that a more detailed site plan review would be required under the special permit.
Atty. Angley stated that the architects are still working on the plans and that final, detailed landscape plans could be presented at a later date.
Paul McAlduff asked if an irrigation system would be installed to maintain the proposed plantings and whether the connector roads between the car dealerships would be included in the site plans?
Mr. Henson replied that they prefer to use drought tolerant, indigenous landscaping.
Mr. Shaw stated that the landscaping plans and the connection of the roads would be presented in a few weeks.
Paul McAlduff moved to recommend approval to the Zoning Board of Appeals subject to the following conditions:
A detailed landscaping plan, prepared by a Landscape Architect, shall be submitted by the Petitioner subject to review by the Design Review Board and Planning Board regarding appropriate screening from Route 3, including the visibility of the site should the PLM site (abutting, to the south) ever become cleared and visible from the highway, subject to final approval by the Board of Appeals prior to issuance of a Building Permit. Said plan shall include clear renderings of the view of the hotel from the highway with the landscaping at installation 2 years and after a growing period of 10-15 years, and shall provide for review by the Planning Board the phasing of the landscaping in relation to the proposed hotel construction subject to final approval by the Board of Appeals.
Detailed architectural plans, site plans, lighting and utility plans and landscaping plans for the proposed hotel site shall be provided for review by the Planning Board, Design Review Board, Town Engineer/DPW and other peer review as required, prior to issuance of a Building Permit. Said plans shall be consistent with the conceptual plans submitted by the Petitioner with this modification.
All prior conditions of the Special Permit #3302 shall remain in full force and effect.
Consistent with Condition No. 1 of BOA Special Permit No. 3302, 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. Traffic circulation within the site shall create connectivity between the auto dealerships.
A future modification of Special Permit #3302, or this special permit modification, will be required for any added retail and/or parking on the land subject to this modification.
All lighting shall comply with the Dark Skies (Section 205-65) requirements of the Bylaw.
No waivers of FAR, building setback or yard setback requirements are granted through this modification.
All landscaping for the site, including all of the property subject to the Special Permit #3302, shall be either xeriscaped or shall be irrigated.
The vote was (3-1), with Malcolm MacGregor in opposition.
A. D. Makepeace
Larry Rosenblum recused himself and joined the audience for the presentation.
B543 – CEN - Century Bog
TDR Certificates
Atty. Richard Serkey presented a request to designate the 56 acre parcel identified as Century Bog as a sending area and to create 20 Transfer of Development Rights (TDR) certificates in lieu of the 20 single family homes that could be built on this parcel. A conservation restriction would be recorded to protect the Century Bog land from development before anything could be built on a receiving area.
B543 – HPW - Halfway Pond West
TDR Certificates
Atty. Richard Serkey presented a plan that showed 78 residential lots, but would require waivers to access the subdivision via Mast Road. A.D. Makepeace is requesting to designate the 239 acre parcel identified as Halfway Pond West as a sending area and to create 39 TDR certificates. A conservation restriction would be recorded to protect the Halfway Pond West land from development before anything could be built on a receiving area.
B543 COR - Agawam Core
TDR Certificates and RRRA boundary confirmation
Atty. Richard Serkey presented a request to establish the boundaries for a Rural Residential Receiving Area (RRRA) within the Agawam Core (1,332 acres) and to create a sending area of 373 acres and a RRRA of 959 acres. A.D. Makepeace is seeking to create 135 TDR certificates from the sending area and to approve a base density of 336 within the RRRA for a total of 471 development rights and to designate the Rural Residential Receiving Area (RRRA) as proposed. A conservation restriction would be recorded to protect the sending area of the Agawam Core land from development before anything could be built on a receiving area.
Discussion:
Valerie Massard stated that these actions would establish transferable development rights, but they would not be landed anywhere at this time. The conservation restrictions would have to be in place before they could be landed. Ms. Massard felt that the request to waive the appraisals for the above-mentioned properties and using the 1:1 ratio as established through the Halfway Pond East appraisal would be appropriate. The conservation restrictions are conceptual and would require further review. Ms. Massard felt that preserving the areas closest to the Wareham town line would be appropriate as it would be difficult for the Town of Plymouth to provide services to that area. The Agawam Core would have reduced density in habitat areas (information from Massachusetts Natural Heritage has been submitted by the
applicant). The MEPA review is still in process. Ms. Massard stated that of the approximately 1,600 acres of property, 400 acres could be developed, leaving a significant amount of preserved area, as depicted by the Mass Natural Heritage information presented by the applicant.
Lee Hartmann stated that through the TDR process the Board acknowledges that the areas identified for preservation are worthy of protection; the appraisal process was initiated to protect developers and staff is comfortable with the acre for acre ratio. It is important to preserve and protect environmentally sensitive areas like the Century Bog area as it is near several ponds and wetlands, and if developed would have an enormous impact on the Town of Plymouth. The Halfway Pond West area is being considered with a reduced density because of access issues. There is a lot of work ahead and issues to be worked through, but the preservation of approximately 1,400 acres of land is important.
Helen Hapgood wanted to be assured that the conservation restrictions would be in place before any development begins.
Ms. Massard replied that the TDR certificates cannot be landed until the conservation restrictions are in place.
Mr. Hartmann noted that some as-of-right development could occur before the TDR certificates would be landed. The landing of the certificates would be outlined and done in phases as the project progresses.
Robb Johnson, The Nature Conservancy, spoke support of the creation of these TDR certificates through the TDR bylaw. He felt it was reasonable to waive the appraisal but it was critical to carefully review the conservation restrictions. He asked that the Board carefully review the Halfway Pond West approach as they would set a precedent for access off a gravel road.
Malcolm MacGregor asked for further explanation on the way the conservation restrictions would work.
Ms. Massard explained that the conservation restrictions have to keep the property predominantly in its natural state. There may be some areas where continued farming of the existing cranberry bogs may be allowed.
Mr. Hartmann stated that the conservation restrictions provide the highest level of protection allowed and are as close to permanent as you can get.
Paul McAlduff would like to keep the option of the installation of a wind farm on land with a conservation restriction open as land with cranberry bogs often has enough wind to make that possibility viable.
Votes:
Paul McAlduff moved that the Planning Board vote as follows on the Certificate of Development Rights and RRRA Boundary Establishment for the “Agawam Core” Property – Planning Board File No. B534-COR:
to Find that
(a) The transfer permanently protects significant environmental resources;
(b) The Preliminary Plan, as defined per Section 205-70 of the Bylaw, was in substantial compliance with Planning Board practice; and
(c) The Planning Board has sufficient appraisal information to issue a Certificate.
GRANT the Application of ADM Agawam Development LLC for:
(a) A total of One Hundred Thirty-Five (135) Certificates of Transferable Development Rights (“TDR”) per Section 205-70 of the Bylaw on the Sending Area portion of the “Agawam Core”;
(b) A total of Three Hundred Thirty-Six (336) as the Base Density per Section 205-70 of the Bylaw on the Receiving Area portion of the “Agawam Core”;
(c) A total of Four Hundred Seventy-One (471) development rights on the “Agawam Core”; and
(d) Designation of the Receiving Area portion of the “Agawam Core” as an RRRA per Section 205-70 of the Bylaw;
The vote was unanimous (3-0).
Marc Garrett moved that the Planning Board vote as follows on the Certificate Of Development Rights for “Century Bog” Property – Planning Board File No. B534-CEN, PID# 125-000-001-000U:
to Find that
(a) The transfer permanently protects significant environmental resources;
(b) The Preliminary Plan, as defined per Section 205-70 of the Bylaw, was in substantial compliance with Planning Board practice; and
(c) The Planning Board has sufficient appraisal information to issue a Certificate.
“GRANT the Application of ADM Agawam Development LLC for a total of Twenty (20) Certificates of Transferable Development Rights (“TDR”) per Section 205-70 of the Bylaw, on land owned by ADM Agawam Development LLC, land located on White Island Road, as shown on Town of Plymouth Assessor’s Maps dated January 1, 2006, Map 125, Lot 1, and as shown on a plan of land entitled “A.D. Makepeace Century Bog, Plymouth, Massachusetts, TDR Unit Count Plan Issued for TDR Approval” dated October 9, 2007 (one sheet) prepared by VHB/Vanasse Hangen Brustlin (“VHB”) of Watertown, Massachusetts; and to
Waive the requirement for a separate and new appraisal. In November of 2006, a full appraisal was done, in accordance with the Town of Plymouth Assessor’s office input and review, on the parcel known as “Halfway Pond East,” (Planning Board File No. B534-HPE), located on Halfway Pond Road, which established a 1:1 ratio using the TDR bylaw formula of fair market value over average assessed value in the RR zoning district per Section 205-70 ¶D4.
CONDITIONAL UPON THE FOLLOWING:
The Applicant shall provide a phased plan for the order in which the Development Rights will be taken from this property, prior to the Development Rights being conveyed to another party or ‘landed,’ for approval by the Planning Board.
Before the TDR Certificates subject to this approval are ‘landed’, the required conservation restrictions on the sending area(s) shall be subject to review by Town Counsel and final approval by the Planning Board and then recorded at the Plymouth County Registry of Deeds.
The vote was unanimous (3-0).
Marc Garrett moved that the Planning Board vote as follows on the Certificate Of Development Rights for “Halfway Pond West” Property – Planning Board File No. B543-HPW, PID# 110-000-001-000U:
to FIND that
(a) The transfer permanently protects significant environmental resources;
(b) The Preliminary Plan, as defined per Section 205-70 of the Bylaw, was in substantial compliance with Planning Board practice; and
(c) The Planning Board has sufficient appraisal information to issue a Certificate.
To “GRANT the Application of ADM Agawam Development LLC for a total of Thirty Nine (39) Certificates of Transferable Development Rights (“TDR”) per Section 205-70 of the Bylaw, on land owned by ADM Agawam Development LLC, land located on Mast Road , as shown on Town of Plymouth Assessor’s Maps dated January 1, 2006, Map 110, Lot 1, and as shown on a plan of land entitled “A.D. Makepeace Halfway Pond West, Plymouth, Massachusetts, Issued for TDR Approval, TDR Unit Count Plan” dated October 9, 2007 (one sheet) prepared by VHB/Vanasse Hangen Brustlin (“VHB”) of Watertown, Massachusetts; and to
Waive the requirement for a separate and new appraisal. In November of 2006, a full appraisal was done, in accordance with the Town of Plymouth Assessor’s office input and review, on the parcel known as “Halfway Pond East” (Planning Board File No. B534-HPE), located on Halfway Pond Road, which established a 1:1 ratio using the TDR bylaw formula of fair market value over average assessed value in the RR zoning district per Section 205-70 ¶D4.
CONDITIONAL UPON THE FOLLOWING:
The Applicant shall provide a phased plan for the order in which the Development Rights will be taken from this property, prior to the Development Rights being conveyed to another party or ‘landed,’ for approval by the Planning Board.
Before the TDR Certificates subject to this approval are ‘landed’, the required conservation restrictions on the sending area(s) shall be subject to review by Town Counsel and final approval by the Planning Board and then recorded at the Plymouth County Registry of Deeds.
The vote was unanimous (3-0).
Larry Rosenblum rejoined the board.
New Business:
Larry Rosenblum suggested that a workshop be scheduled with Pinehills LLC to review concerns regarding affordable housing that were raised on Town Meeting floor during the petitioned article to add the Leto property to the OSMUD.
Marc Garrett stated that Pinehills is a self-sustaining private development and the affordable housing requirement was not in place when the OSMUD was approved.
Paul McAlduff was disappointed that Planning Board members were not allowed to speak in response to the comments made on Town Meeting floor. He stated that Pinehills have been more than cooperative with the Town.
Paul McAlduff moved to adjourn at 8:45 pm; the vote was unanimous (4-0).
Respectfully Submitted,
Eileen M. Hawthorne Approved: December 3, 2007
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