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 Valerie Massard
Recording Secretary: Eileen Hawthorne
Administrative Notes:
The Board recommended approval of BOA 3466 – Steven & Cheryl Choiniere, Avenue B, M 45A, L 81B for a Special Permit to waive front & rear setback requirements and a Special Permit to enlarge a pre-existing non-conforming structure in order to add a two – story addition with a 9’x13’ deck with a 4’x11’ ell to the existing dwelling subject to the following conditions:
The decks subject to this special permit shall not be enclosed or converted to year-round living space.
The plans shall be dated prior to issuance of a building permit.
B524 – Orchard Hills: The Board approved a two year extension of the subdivision covenant.
Minutes:
The Board approved the minutes of October 29, 2007 as presented.
The Board approved the minutes of November 19, 2007 as presented.
Form A:
A4281 – Rodriques/Dahlgren, Cranberry Road, Map 124, Lot 1-13 – Land Court Plan to subdivide lot 1-13 (4,900 sf) into lots 479 (2,313 sf) and 480 (2,587 sf) in order to combine lot 480 with lots 1-14 and 1-15 and lot 479 with lot 1-11 and 1-12
The Board approved Form A4281 as presented.
A4282 – King/Stone, Bettencourt Road, Map 96, Lots 63-20 (25,713 sf) and 16-21 (19,726 sf) – Lot line adjustment to create lots 63-23 (19,726 sf) and 63-22 (25713 sf)
The Board approved Form A4282 as presented.
Marc Garrett moved for the Board to approve the Administrative Notes as presented; the vote was unanimous (5-0).
BOA 3462 – Golden Living Center (12/19)
Obery Street, M 25, L 45B – Special Permit for sign exceeding size allowed
Gary Cunningham, Sunshine Sign Company, presented a request for a Special Permit for a sign over 10 sq. ft. in order to erect two signs. The first is a freestanding sign at the entrance to the property (formerly Beverly Manor Nursing Home) and the new sign will replace a sign that was erected without permits by the prior owners. The sign has been designed by Icon Design. The applicant met with the Design Review Board on November 14, 2007. The DRB requested an alternate sign design which was handed out to the Board. The original sign design was a flat metal panel with a “California” look and was not in keeping with the character of other signs in the area.
Paul McAlduff preferred the New England style of the previous Beverly Manor sign and stated that the style of sign presented was out of character with the neighborhood and the black band at the bottom of the sign was distracting. Mr. McAlduff was supportive of the size of the sign.
Marc Garrett was supportive of the size of the sign, but felt that the design should be in keeping with the Design Standards for Obery Street. Mr. Garrett suggested that the sign should have a more New England style and a less industrial look; should be made of different materials; and the fonts were too slick for this residential/commercial area.
Larry Rosenblum questioned why the size of the sign was larger yet the lettering was proportionately smaller in the version of the sign that was handed out.
Mr. Cunningham stated that the DRB asked for the sign to be framed and have a cap added. They thought the Beverly Manor sign looked like a headboard. Mr. Cunningham stated that the current sign design is the corporate identity for Golden Enterprises.
Mr. Garrett felt that a material change and a font change would be necessary before he would support the installation of the sign. Mr. Garrett stated that a lot of work went into drafting the design standards for this area and that the sign did not meet those standards.
Valerie Massard informed the Board that she explained to Mr. Cunningham when the petition was submitted that there were specific design standards for the Obery Street area and that the design submitted did not meet those standards. At that time Ms. Massard recommended that the applicant redesign the sign according to the Obery Street Design Standards.
Loring Tripp was not sure that the increase in the size of the sign was warranted and agreed with the comments of other Board members regarding the design of the sign.
Larry Rosenblum suggested arranging the elements of the corporate identity into an oval sign with proportionate fonts might be acceptable.
Loring Tripp moved for the Board to make a recommendation of denial of the special permit to the Zoning Board of Appeals for the following reasons:
The proposed use, an identification sign, is appropriate in the zone and specific site in question; however, the design of the sign is not in keeping with the surrounding neighborhood. The proposed design of the sign is very modern and industrial in appearance. The scale, style and size of the sign are not in keeping with the residential character of the neighborhood.
Adequate and appropriate facilities serve the site; however, the proposed design of the new sign is not in keeping with the neighborhood.
There will be no hazard to pedestrians or vehicles. The proposed freestanding sign is located in the same location of a previous sign. The location of the sign does not infringe upon the bylaw’s requirements for visibility therefore it should not present a hazard to vehicles.
There will be a nuisance and adverse effect upon the neighborhood. The design of the proposed new sign is not in keeping with the neighborhood. The proposed design of the sign is very modern and industrial in appearance. The scale, style and size of the sign are not in keeping with the residential character of the neighborhood.
The Planning Board is generally supportive of a freestanding sign that will be more in keeping with the character of the residential neighborhood in this area. The Obery Street Overlay District signage design standards, per Section 205-75, provide good direction as to scale and design that would be more suitable, although the existing sign as pictured for Beverly Manor, is acceptable, as an example. Any signage must comply with the Prevention of Light Pollution Section 205-65, and shall not be internally illuminated.
The vote was unanimous (5-0).
BOA 3465 – John Welch (1/2)
4 Priscilla Beach Road, M 44, Lot 6-582 – Variance to decrease size of parcel for a lot line adjustment between two non-conforming lots
Mark Flaherty presented the request for a variance of area, depth, and width in order to decrease the size of an existing non-conforming lot. Mr. Flaherty presented a plan that showed the existing lot lines and the proposed lot lines. The lot line adjustment would incorporate an existing driveway utilized by the residents of 2 Priscilla Beach Road into their lot thereby reducing the lot size of 4 Priscilla Beach Road. There is an existing driveway on the southerly side of the dwelling at 4 Priscilla Beach Road that will be retained on that lot.
Marc Garrett moved to recommend approval to the Zoning Board of Appeals for the following reasons:
The site’s location, adjacent to the Priscilla Beach access way, represents unique circumstances affecting this land. In addition, the lots were created prior to the enactment of the current zoning laws.
Desirable relief can be granted without substantial detriment to the public good. No new dwellings, curb cuts or driveways will be created as a result of this petition. Furthermore, the proposed change will actually create a safer driveway access location for the dwelling located at 2 Priscilla Beach Road.
Desirable relief can be granted without nullifying the intent and purpose of the Zoning Bylaw as there will be no increase in use of the property.
The vote was unanimous (5-0).
Lee Hartmann and the Board commended Valerie Massard for her recent achievement of passing an extensive examination to become a member of the American Institute of Certified Planners. Ms. Massard has worked diligently to earn the professional title of AICP and the Board and staff are grateful for her dedication to the Planning Department.
Lee Hartmann informed the Board that the Atty. General approved the three articles the Board presented at the Fall Town Meeting.
BOA 3463 – John & Patricia Duggan (12/19)
Massasoit Ave, M 49, L 1-4 – Special Permit to waive accessway requirements
Atty. Betters presented the request for a special permit for accessway in order to construct a single family dwelling. Atty. Betters presented photographs of the area and several existing homes in the vicinity. Atty. Betters stated that he has reviewed and agrees to the proposed conditions in the staff report.
Mark Flaherty, Flaherty & Stefani, Inc. reviewed the site plan and accessway improvements that are proposed. A portion of the existing roadway would be widened to 16’ and the drainage design includes a large number of underground leaching and water quality basins. An alternative drainage design could include an open basin with rain garden plants instead of the huge drainage system proposed that would require extensive removal of trees and vegetation within the layout of Massasoit Avenue. Town water is available and the area is not in an endangered species or Natural Heritage area.
Valerie Massard summarized that the advisory report from the Town’s engineers requests a note be put on the plan that the road would not be plowed and suggests widening the road to 18’ and the drainage should be designed as if the road were to be widened to 18’ and paved. There are no plans at this time for paving of the private roads in the area, there is a rural character to the neighborhood, the sides of the roads are heavily wooded and there is no homeowner’s association. To install the drainage area as designed would require extensive removal of vegetation and trees. An alternative that would be less intrusive would be to install a rain garden with a sedimentation basin that could be easily maintained. Ms. Massard suggested that the Fire Chief should visit the area to assess whether
emergency vehicle access is adequate.
Marc Garrett was concerned that the proposed rain garden may extend onto private property and require some grading.
Loring Tripp agreed that the drainage as designed was excessive.
Paul McAlduff moved for the Board to recommend approval to the Zoning Board of Appeals subject to the following conditions:
Revised plans for stormwater design shall be provided for review by the Town’s consulting engineer subject to final approval by the Board of Appeals. An alternative location shall be evaluated by the Petitioner. The Petitioner shall evaluate an open basin/rain garden system at the current location of the stormwater discharge from Massasoit Avenue (south of the proposed infiltration system). The open basin/rain garden system would allow for visual observation of sediment accumulation and be readily maintained. The Petitioner shall meet with the neighboring property owners to discuss the plantings proposed for the rain garden design.
The Fire Chief shall be consulted regarding the necessity of widening the gravel way and any branch clearing that might be needed, and the Fire Chief shall report to the Board of Appeals the results of this consultation. The Fire Chief’s recommendations shall be incorporated into the revised plan.
Only one single-family home shall be constructed.
Prior to the issuance of a Certificate of Occupancy, said improvements are to be installed under the supervision of a Registered Professional Engineer. The engineer must certify that the improvements noted above have been installed in accordance with the conditions noted herein and accepted installation practices.
The vote was unanimous (5-0).
Conceptual Review
Pilgrim Sands Motel/150 Warren Ave
Atty. Edward Angley began the presentation for a conceptual review for a conversion of an existing motel into a maximum of twenty-five high end condominium units.
Jon Henson presented the site analysis and reviewed the location of the property relative to the surrounding area. The property is located next to the Stone Forge Restaurant and Sandy’s; is in the Water Front (WF) zone; is near the Eel River, Plymouth Beach, Warren’s Cove, Plimoth Plantation and a residential neighborhood. On the east side of the property there is a riprap embankment to a concrete sea wall. A set of steps leads from the concrete patio to Plymouth Beach which is accessible at low tide. The west side of the structure has a walkway along the front with small planters, a bituminous concrete parking lot and a swimming pool. Along the street, there is a small retaining wall with a small planting area. The proposed condominiums would consist of four buildings with visual and open
space openings between the buildings. The buildings would have defined entry areas with parking along the front and recreation areas along the ocean side. There would be some garage parking within the structures. Mr. Henson stated that there would be a total of 52 parking spaces. The buildings would have varied rooflines and have been designed to fit in with the existing residences. Each unit would have a patio or deck overlooking a sandy area with large bedrocks and hardy plantings that would survive the harsh weather. Access to the site from Warren Ave could be the two way ingress and egress that it is now with a reduction in the size of the curb cut. The smaller building would have a private rear yard. The existing retaining wall would have two seating areas with additional plantings. An optional access to the site showed a single lane ingress and a separate single lane egress. An option that would create additional
green space would lower the grade of the site in order to create parking underneath each structure.
Atty. Angley showed the photographs of two historical buildings that have been demolished (the Plymouth Hotel and the Mayflower Hotel). The architectural style of the proposed structures was taken from the Mayflower Hotel.
Michael Gersht, Fornaciari & Noseworthy Architects, presented the architectural drawings for the proposed buildings and showed the 43 ft high structure with the parking underneath the units.
Valerie Massard stated that both uses; the current motel and the proposed condominiums require special permits and if the structures exceed the height requirements that would also require a special permit. The condominium units would create less sewer discharge and traffic than the existing motel. In addition, the potential for view sheds between the buildings would be an improvement. The enhancements proposed along Warren Avenue are also an improvement. There have already been some discussions with Bruce Arons regarding the affordable housing component of the project.
Atty. Angley stated that they are trying to minimize the height of the buildings.
William Shaw, Associated Engineers, stated that if the parking was underneath the structure it could possibly meet the height requirements, but would require extensive grading. It would be preferable to raise the structures approximately 8 ft. to accommodate the parking.
Marc Garrett questioned whether the site is confined by the flood elevations.
Mr. Shaw stated that the beach area is in the flood plain, but the building area has some constraints because of the velocity zone.
Larry Rosenblum was supportive of the parking within the building as it decreases the pavement and increases areas for amenities. Mr. Rosenblum suggested that sections for each of the various schemes should be provided in order to assess the impacts of the buildings. Mr. Rosenblum stated that his first impressions were good, but felt it was difficult to comment on the density. His preference would be to stay within the height limits.
Loring Tripp liked the open space between the buildings. He asked if the landscaping at the rear of the structures would be affected by the storm surge. Mr. Tripp asked for clarification as to whether the affordable housing component would be applicable. He was supportive of the additional street scape along Warren Ave and did not object to the project exceeding the height requirements.
Atty. Angley replied that the storm surge is less than that at the Stone Forge Restaurant as the motel is at a higher elevation.
Mr. Hartmann stated that the motel units don’t have kitchen facilities and are not considered living units.
Atty. Angley stated that they are considering three affordable units even though the bedroom count is basically the same as the motel if the maximum number of units is constructed.
Paul McAlduff was disappointed that a hotel was going out of business. He suggested adding shutters to the ocean side of the building or some other mitigation to protect from wind damage. Mr. McAlduff suggested that the building could be moved closer to the street and the parking placed on the ocean side. Mr. McAlduff had some concerns with the density.
Malcolm MacGregor thought the buildings looked nice, but suggested that the density of over 8 units per acre would need some justification. He thought the project had a lot of merit.
Atty. Angley stated that the preliminary traffic reports show that the traffic flow works well and that there are adequate sight distances.
Mr. Henson stated that they are looking at new technology for ocean side protection.
Malcolm MacGregor requested that the views from Plimoth Plantation buildings and the Native American site should be provided.
Marc Garrett was curious to see the view shed from the residences on Clifford Road.
The Board looks forward to further review of the project.
Site Plan Review - Whelan Associates for PIDC
BOA 3423 – 5 Resnik Road/formerly PAC TV site
Atty. Robert Betters, representing Whelan Associates LLC, presented a site plan review for lot 14K-125 which was previously granted a special permit for gravel removal (BOA 3423) to construct a building for PAC TV. PAC TV is no longer going to construct their building and Whelan Associates is proposing a 51,000 sf medical office building with 255 parking spaces. The medical office building is an allowed use on this site. No gravel removal is proposed for the site. There will be some cuts, but the fill will be used to equalize the adjacent lot. The adjacent lot and this lot will be access through a common drive off Commerce Way. The required 50 ft buffer will be maintained from the residences on Grabau Drive. Atty. Betters stated that he has reviewed the suggested conditions in the
staff report and they are acceptable.
Bob Forbes, Prime Engineering, presented the site plan that showed the 50 ft. buffer from property line to edge of parking lot. The buffer will be enhanced with a thick planting of evergreens. Evergreens will also be planted around the perimeter of the site. The parking will be screened from Commerce Way.
Valerie Massard stated that there is a 12 ft drop in elevation with a 2:1 slope. There will be a drive along the rear of the proposed building for emergency vehicle access. Ms. Massard suggested that the applicants should meet with the neighbors to review the proposed project. Ms. Massard also suggested that the provision for a sewer line easement from Commerce Way along the northern property line for the future use by the residents of Grabau Drive might be appropriate.
Larry Rosenblum had some concerns regarding the massive parking area and suggested breaking the area up with vegetation and trees. He also encouraged the careful design of the landscaping along the edge of the property to incorporate sufficient vegetation and berms.
Mr. Hartmann stated that there is an association for the Industrial Park that oversees the landscaping requirements for any projects within the industrial park.
Atty. Betters suggested that the landscape design standards set by Four OC LLC for the site which is further up Commerce way could be incorporated into this site.
Loring Tripp suggested reducing the size of each parking space to 9’x18’in order to increase the planting area within the parking lot. Mr. Tripp thought the smaller spaces would allow for a green island through the center of the parking lot.
Atty. Betters asked whether reducing the size of the parking spaces would require a special permit.
Mr. Hartmann stated that the Board could make the recommendation to the Building Commissioner. He stated that the Building Commissioner may have some latitude to reduce parking.
Marc Garrett was concerned that the vacant lot that would be filled would lay fallow.
Mr. Forbes stated that they could loam and seed the lot if it were to remain vacant for any length of time.
Paul McAlduff was supportive of a reduction in the number of parking spaces.
Malcolm MacGregor requested that an extra effort be made to screen the view of the medical building from the homes on Grabau Drive.
Valerie Massard suggested adding language that addresses adequate compaction and stabilization of the adjacent lot, requesting that the applicant present additional landscape plans for the street scapes and the buffer areas and reducing the parking space size in order to reduce the parking area.
Larry Rosenblum suggested reducing the size of the building by 5% in order to accommodate the parking and adding to the buffer areas and green space within the parking area.
Paul McAlduff moved to notify the Building Commissioner that the site plan will comply with the requirements of the zoning bylaw after the following issues are addressed:
1. Assessor Map and Lot numbers, with title references, and ‘final’ plan with Engineering stamp should be added to the plans prior to issuance of a Zoning Permit.
PRIOR TO ISSUANCE OF A BUILDING PERMIT:
2. The Fire Chief should be consulted with respect to hydrant locations, and this should be reflected on the plans.
3. The grading of the property involves an unusual circumstance of moving earth from the subject lot to the adjacent undeveloped lot to the north of the subject property in order to prepare both properties for future development simultaneously. This should be done with the oversight of a Registered Professional Engineer, with proper compacting. The Planning Board recommends that the Building Commissioner require the following:
(a) A Registered Professional Engineer must submit a report to the Building Inspector prior to an issuance of a Certificate of Occupancy that the compaction and grading on the adjacent property, receiving the fill, is done in accordance with accepted practices.
(b) The Town of Plymouth shall reserve the right to have the Town’s consulting engineer inspect the property, at the Applicant’s expense, if there is any question as to the grading and compaction practices being undertaken on the property.
(c) The Petitioner shall permanently stabilize any portions of the site that are not under construction after grading activities have ceased for a period of six (6) months.
(d) For the adjacent lot that will receive the fill, a performance bond determined by the Town, and directly tied to the restabilization of the work site, shall be required in an amount equal to a documented, verifiable estimate of cost to vegetatively reclaim the work site according to the site plan and existing conditions site plan. The estimate shall include an adjustment for projected inflation or other predictable factors over the term of the permit plus one year. This site grading is being done in anticipation of a future development; however, there are no identified users at this time, and proper stabilization is necessary.
4. The Applicant has agreed to:
(a) Meet with the residents of Grabeu Drive and the West Plymouth Steering Committee to discuss the change in access which will now be off of Commerce Way rather than Resnik Road, and the desires of the neighborhood with respect to landscaping and lighting given that no access road in the rear is proposed. Under the PAC TV proposal previously presented for this property, an approximately 4-foot tall fence, design to be acceptable to the residents of Grabeu Drive was to be installed off the end of the Grabeu Drive cul-de-sac running parallel to the rear property line of the subject property to prevent the possibility of a vehicular short-cut being created and to discourage use of
Grabeu Drive as a pedestrian through-cut to the Industrial Park buildings. Plans should reflect the agreed-upon landscaping requests that result from this discussion.
(b) Show a future easement for a 4-inch sewer pipe connection extending through the subject property to the property line in order for the residents of Grabeu Drive to connect to the sewer at a later date if they so desire, which was a request made during the PAC TV special permitting for earth removal a few months ago.
(c) Return to the Planning Board with a revised site plan and landscaping plan which will improve the proposed buffering of the site from surrounding properties (Commerce Way, Grabeu Drive and MassHighway’s abutting parcel) and break up the parking area through the use of landscaped islands, berms, fencing and/or plantings. The Planning Board strongly encourages the Building Department to allow for a percentage of the parking spaces to be reduced to a 9 foot width to provide for the opportunity to meet the parking needs of the site while allowing for a more meaningful buffering and landscaped treatment of the property. Such a reduction would be permitted without the need
for a Special Permit under the authority provided to the Building Commissioner in Section 205-17D(3) of the Zoning Bylaw.
PRIOR TO ISSUANCE OF A CERTIFICATE OF OCCUPANCY:
3. Prior to issuance of an occupancy permit a Registered Professional Engineer must certify that the drainage system, drive ways, curbing and parking areas have been installed according to accepted practices and in compliance with the Zoning By-law and the approved site plan.
4. Compliance with ADA requirements must be documented.
5. Lighting is to comply with the Light Pollution Bylaw. Light poles should not exceed twelve feet in height, and should be in keeping with the light poles used in the surrounding area, if feasible.
The vote was unanimous (5-0).
LR change the bylaw related to parking.
Other Business:
Lee Hartmann informed the Board that complaints have been received regarding property owned by Cranberry Realty Trust, off Beaver Dam Road. The complaints received are in regard to the stabilization of the site, abandoned vehicles and debris on the site.
Loring Tripp moved for the Board to send a memo to the Building Commissioner requesting that he notify Cranberry Realty Trust that they are in violation of the bylaw regarding the above-mentioned complaints; the vote was unanimous (5-0).
Loring Tripp updated the Board on the activity of the County/Town Committee regarding the reuse of the County Buildings. Bruce Arons will be making a presentation at the next meeting regarding a way for the Town to enter into an agreement with the Commissioners.
Mr. Hartmann stated that the Town, partially funded by Community Development, could enter into a one year Purchase and Sales agreement that would give the Town time to go through the planning process, hire professionals, decide the types of uses, put an RFP out, include deed restrictions on the property, include Town land that is in the area, and hopefully solicit bids for a mix of uses. The goal would be to maintain the courtroom and the façade of the buildings. If at the end of the one year period the Town did not have a plan for the buildings and/or a buyer, the P & S would not be activated.
Marc Garrett informed the Board that the Tidal Energy consultant has confirmed that he will be at the meeting on January 28, 2008. Mr. Garrett suggested that invitations be extended to the Board of Selectmen, Energy Committee, Harbor Committee, Beach Advisory Committee, Conservation Commission, and any other interested parties.
Larry Rosenblum expressed his disappointment that the recommendation for the scope of work regarding the 1,000 acre development that the Planning Board drafted in September of 2007 was not included in the Board of Selectmen’s (BOS) agreement with Mass Development. Mr. Rosenblum felt the Planning Board should have been invited to the BOS meeting. Mr. Rosenblum handed out a draft memo to the BOS expressing his concerns.
Loring Tripp stated that he asked for a copy of the agreement that was ratified by the BOS and was happy to see that the Planning Board’s memo was referenced and felt that the Planning Board would be involved as any projects move through the public review process.
Larry Rosenblum stated that his memo enumerates the number of things the Board should weigh in on regarding the Planning Board’s involvement in the process.
Paul McAlduff stated that he attended the BOS meeting as a representative of the Citizens Advisory Committee and felt that the BOS agreement simply outlined the BOS responsibilities. The agreement keeps the process moving forward. Town Meeting action will be necessary at a future date for any project to become a reality.
Marc Garrett felt comfortable with the process and felt that Mass Development has the resources to put forth a draft Master Plan document which the Planning Board will have the opportunity to review and evaluate through the public process.
Malcolm MacGregor has requested to be added to the e-mail distribution of the Board of Selectmen’s agendas.
Lee Hartmann stated that the Planning Board has made it clear what is expected. MEPA review, review by Natural Heritage, an interchange design by Mass Highway, and a 2/3 vote of Town Meeting to approve an overlay district all have to happen before anything can move forward.
The Board agreed to review Mr. Rosenblum’s memo and comment at a future meeting.
Loring Tripp moved to invite representatives from Project Julia and Mass Development to make a presentation of their proposed project at a future meeting; the vote was unanimous (5-0).
Loring Tripp moved to adjourn at 10:15 p.m.; the vote was unanimous (5-0).
Respectfully Submitted,
Eileen M. Hawthorne Approved: December 17, 2007
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