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
Recording Secretary: Eileen Hawthorne
Administrative Notes:
The Board recommended approval of BOA 3469 – Anne & Eugene DiFrancesco, Long Pond Rd/M 60, L 12-4 – special permit to waive rear setback requirements in order to demolish an existing deck and construct a 10’x20’ deck that will attach to an above ground pool subject to the following condition:
The proposed deck shall not be enclosed.
The Board recommended approval of BOA 3470 – Nick Papas, Buzzards Bay Dr/M 130, L2A-189 – special permit to waive side setback requirements and to enlarge a non-conforming structure in order to demolish an existing deck , pour a concrete floor with footings and erect a carport attached to the dwelling, subject to the following conditions:
The carport subject to this special permit shall not be enclosed or converted to year-round living space.
Materials for the carport as presented at the public hearing shall be used for the construction of the carport, and the architectural details shall be in keeping with the existing dwelling.
The Board recommended approval of BOA 3471 – Stephen Thomas, Long Pond Rd/M 88, L 49-8 – special permit for heavy commercial use (relocated business, was granted a SP under BOA 3354) in order to operate a vehicle repair and motorcycle garage, subject to the following conditions:
The Petitioner must conform to all required Local, State and Federal Regulations prior to the issuance of an occupancy permit.
A current and valid waste pickup contract between the owner and a licensed hazardous waste hauler must be on file with the Building Commissioner at all times.
The Fire Chief must be contacted regarding any special fire walls or equipment necessary for this use prior to the issuance of a zoning permit;
The maximum number of vehicles allowed to be parked outside overnight is limited to four (4)-registered vehicles.
The outside storage of unregistered vehicles is prohibited.
Minutes:
December 17, 2007
Marc Garrett requested that a sentence be added to the minutes under the administrative note for BOA 3467 – Four OC LLC that notes that the Board discussed the size and scope of the proposed signs as they relate to the other signs already approved for this site to insure compliance with zoning.
Loring Tripp moved the above –mentioned administrative notes for the Board of Appeals cases as presented and the minutes of December 17, 2007 as amended: the vote was unanimous (5-0).
A Forms:
A4284 – Black Cat Cranberry Corp., M 90, Lot 43 (43.17A) - Subdivide into lots 43-1 (1.77A) and 43A (41.4A)
Loring Tripp moved for the clerk to sign the plan; the vote was (4-0-1) with Marc Garrett in abstention.
Site Plan Review
16 Hedges Pond Rd, MAP 55, Lot 19B
Mark Flaherty, representing the Mulligan Company, presented a plan to convert an existing 17,000 sq. ft. commercial warehouse into a 42 seat restaurant. There would be one way access with vehicle circulation around the rear of the building to one way exit next to the adjacent carpet store. Mr. Flaherty also presented the landscape plan which showed trees planted along the southern side of the property, a landscaped area at the northwest end of the property and a landscaped area with a walkway in front of the building along Hedges Pond Road. A 12 inch water main extension will be installed to bring Town water to the site, a hydrant will be added, and there will be an on-site septic system. Drainage will be controlled by catch basins to a subsurface leaching pit. The existing warehouse has recently been
resided. The restaurant is an appropriate use in the General Commercial (GC) zone.
Lee Hartmann stated that the restaurant is an allowed use in the GC zone, it is an existing building that will be converted and the plan includes significant landscaping. Mr. Hartmann encouraged the proponent to present the proposed plans to the Cedarville Steering Committee. Larry Rosenblum asked if the 14 parking spaces shown on the plan would be adequate for a 42 seat restaurant.
Mr. Hartmann explained that the bylaw requires 1 parking space per 3 seats, which would require 13 spaces for this site. They are proposing 14 parking spaces.
Marc Garrett suggested adding a condition to the site plan review that the dumpster be screened as this is an open site.
Mr. Flaherty replied that the dumpster would be screened with fencing.
Loring Tripp requested that the proponent provide an easement for a future sidewalk along Hedges Pond Road.
Mr. Flaherty agreed to provide the sidewalk easement.
Malcolm MacGregor suggested adding crosswalk striping across Hedges Pond Road.
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:
The proponent should confirm with the Building Commissioner that this is a by-right use.
The Proponent is encouraged to meet with the Cedarville Steering Committee for input on the proposed parking lot re-configuration and landscaping.
Appropriate water department review of the new hydrant and water extension, with pressure and flow tests, if needed, should be performed prior to issuance of an Occupancy Permit.
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.
Compliance with ADA requirements must be documented.
Lighting is to comply with the Light Pollution Bylaw. Light poles should not exceed twelve feet in height.
If acceptable to the DPW, the applicant has agreed to paint a crosswalk on Hedges Pond Road in the vicinity of this site.
The applicant has agreed to provide to the Town a sidewalk easement along the property’s Hedges Pond Road frontage.
The trash receptacle shall be screen with decorative fencing and/or landscaping.
The applicant should return one year from installation of landscaping to confirm that the slopes along the drive and the plantings around the building have been properly established as a condition of occupancy.
The vote was unanimous (5-0).
If the Cedarville Steering Committee has any issues or concerns with the project, they will be presented to the Building Commissioner.
Mr. Hartmann informed the Board that the article reserved for Spring Town meeting regarding the Floor Area Ratio (FAR) will not be presented. Town Council has suggested that any changes to the bylaw regarding FAR should encompass the entire town, not just non-conforming lots. Mr. Hartmann felt that due to staffing constraints and the amount of time it would take to present the article to the various boards and committees.
Larry Rosenblum requested and update on the discussions with Mass Development regarding the 1,000 acre property.
Mr. Hartmann replied that once Goody Clancy has submitted their response to the Town’s comments and defined a strategy on how to move forward, joint meetings of the Boards would be scheduled to discuss what the findings are and to determine the next steps for the Town to take. There is a meeting tomorrow with Natural Heritage to ascertain what their issues and concerns are and what they will need. A meeting has been held with Mass Highway. The focus right now is to draft a Town Meeting article that indicates that the Town is willing to work with Good News to determine the viability of developing the 1000 acre site or a portion of the site.
Paul McAlduff gave an update on the Citizens Advisory Committee. At their last meeting, Mark Sylvia presented the needs of the town departments in regards to the proposed “Project Julia”. The Fire Department would need a new ladder truck, either land for a new fire station in the Bourne Road area or at minimum an expansion of the existing Bourne Road fire station, the addition of emergency response personnel at the Bourne Road station and additional firefighters. Inspectional services would need additional staff to address a project of this magnitude. DPW had concerns with water and wastewater facilities. The Recreation Department is encouraged by the possibility of additional recreation fields in the area. Roberta and Martin Schindler, financial analysts, held a question and answer session regarding
the proposed project and whether it will be viable for the proponents and the Town. The project has been renamed from “Project Julia” to “Plymouth Rock Studios”. Mr. McAlduff stated that 90 percent of the people attending the meeting were supportive of the proposed project.
Mr. Rosenblum asked if there was any consideration given to having an onsite fire service.
Mr. McAlduff replied that all buildings will be heavily sprinkled with automatic venting systems built into the roofs.
Mr. Hartmann stated that he has begun drafting a build out analysis using the GIS data. The analysis will look at current zoning and a 3 and 5 mile radius, what is currently undeveloped and what could happen when and if the area is fully developed.
Loring Tripp was concerned with the title issues on the property and how much of the site would actually be developable and how much would be left in its natural state or under a conservation restriction.
Mr. Hartmann stated that Natural Heritage requires a management plan with any conservation restriction and that any land held with a conservation restriction must have a clear title.
Marc Garrett stated that Natural Heritage has gotten much stricter regarding ownership and clear title of properties with conservation restrictions
Public Hearing – Spring Town Meeting Articles
Rezone Map 124, Lots 9-76 and 9P-85
Malcolm MacGregor read the public hearing notice and opened the public hearing.
Phillip Markola presented his petition to rezone property located at the intersection of Lunn’s Way and Bourne Road from R25 to Neighborhood Commercial (NC). Mr. Markola would like to construct a hardware store with associated parking on the 6.5 acre site. Access to the site would be off Lunn’s Way. The plans presented detailed the proposed building, parking area and approximately 5 acres of land left in its natural state.
Lee Hartmann presented the GIS map of the area which includes the Ponds at Plymouth Development, a campground, a golf course, and the 1,000 acre parcel. Mr. Hartmann estimated that under NC the building footprint could be 56,600 sq. ft. with the remaining 80 percent of the property utilized for parking, landscaping, and buffer areas. Mr. Hartmann reviewed all the allowable and special permit uses. Mr. Hartmann stated that it would be important to identify the impacts that the proposed Makepeace and Good News Holdings projects would have on the area before allowing any additional commercial property.
Paul Hapgood asked if this zoning change is approved would the land become more valuable. Mr. Hartmann replied that in general, commercial land is more valuable than residential land. Andrea Nedley was concerned that the proposed zoning change would increase the traffic going through the Ponds at Plymouth neighborhood and on Bourne Road, which would create a safety hazard.
Pat Adelman suggested that the area should be reviewed as part of a master plan for the area including Cedarville, the Makepeace property and the 1000 acre site.
Tim Grandy, Cedarville Steering Committee Chair, stated that he has not received any positive feedback on the rezoning of this property.
Scott Gufstafson, encourage the Board to control sprawl in the area.
Paul Luszcz encouraged the Board to plan the neighborhood in advance and was supportive of proceeding to a fairly developed commercial area in a comprehensive fashion.
Helen Hapgood also encouraged the Board to control sprawl and not allow spot zoning.
Jim Parmenter was not supportive of the rezoning for this proposed project, but felt that if the right project came along the rezoning might be appropriate. Mr. Parmenter commented that the larger projects should not be considered over the small business owner.
Mort Elfenbein, 21 Pretto Way, was concerned that the increased activity on this parcel would be extremely disruptive to the quite neighborhoods surrounding this area and was not in favor of the proposed rezoning.
Fred Abraham who owns an abutting property on Lunn’s Way was concerned with increased traffic and crime rate, litter, noise, and the impact to home values. Mr. Abraham was opposed to the rezoning.
Cornelius Baker stated that there was no support in the area and there should be a comprehensive plan that doesn’t allow spot zoning. Mr. Baker felt there was no compelling need for additional retail activity in the area and that the expansion of the convenience store in the campground was sufficient. Mr. Baker was not supportive of the proposed rezoning.
John Geaghan was also opposed to the rezoning. Mr. Geaghan felt it would be disruptive to a peaceful neighborhood.
Casmy Harrison felt that a shopping area would change the character of a quiet residential neighborhood.
Susan Hiltz stated that the neighborhood doesn’t need a shopping center or traffic increase.
Donna Eby asked if zoning was approved did it mean that the project would happen.
Mr. Hartmann stated that if the zoning was approved and the project was an allowed use, it would only require a building permit.
Ms. Eby felt that the small business owner should have a choice about what to do with his property.
Mr. Markola’s son stated that his father has been trying to do something with the property to help the neighborhood.
Larry Rosenblum stated that the area required a comprehensive plan and would not support this article at this time.
Loring Tripp also felt that the area needed a more comprehensive plan.
Marc Garrett stated that it was important not to create sprawl.
Paul McAlduff was concerned with rezoning this parcel at this time.
Malcolm MacGregor was in favor of a rural service center, but until proper design guidelines have been drafted and approved, he would not support this rezoning.
Loring Tripp moved to close the public hearing; the vote was unanimous (5-0).
Marc Garrett moved for the Board to recommend denial of the requested zoning change; the vote was unanimous (5-0).
Other Business:
MEPA - Letter of Support Cordage Park
Paul McAlduff moved for the Board to sign the letter of support for Cordage Park; the vote was unanimous (5-0).
The Board scheduled their brainstorming workshop for February 4, 2008.
Loring Tripp moved to adjourn at 8:45 p.m.; the vote was unanimous (5-0).
Respectfully Submitted,
Eileen M. Hawthorne Approved: January 14, 2008
Administrative Assistant
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