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, Valerie Massard, and Howard Coppari
Recording Secretary: Eileen Hawthorne
The Board had a moment of silence in honor of Francis “Sonny” Gauss who passed away on April 8, 2008. Mr. Gauss was a long-time Town Meeting member and a member of the Cedarville Steering Committee.
Administrative Notes:
The Board recommended approval of a Performance Guarantee Reduction in the amount of $15,000.00 for work completed in B430 – Clark Estates by Old Sandwich Trust.
The Board recommended approval of a Performance Guarantee Reduction in the amount of $10,000.00 (all funds) for work completed in B512 – Cedar Hill Park.
The Board recommended that the clerk sign the following ANR plans:
A4292 – Map 77B, Lot A-134 (12.81A): Subdivide into Lots A-196 (5.96A), A-197 (6.13A), 10-435 (0.52A) and S-178 (.19A)
A4293 – Map 78C, Lots A-168 (12.76A), A-174 (738.35A), A-190 (7.36A), G-1B (19.73A), and S-144 (12.13A): Lot line adjustments to create Lots A-193 (8.06A), A-194 (13.5A), A-195 (737.65A), G-1C (19.73A), and S-177 (11.39A)
Loring Tripp moved for the Board to approve the above-mentioned Administrative Notes as presented (BOA 3487 was voted separately); the vote was unanimous (5-0).
BOA 3487 – Ralph & Theresa LaVoie
34 Womponoag Rd/SP to waive front/side setback requirements
Marc Garrett was concerned that the site for BOA 3487 should be reviewed by Natural Heritage prior to the Planning Board review as any changes mandated by Natural Heritage may alter the petition. Mr. Garrett recommended that the petitioner contact Natural Heritage regarding his proposed petition.
Valerie Massard suggested that the Planning Board include in their recommendation information regarding filing with Natural Heritage.
Marc Garrett requested that the language under findings No. 4 be changed from “9.6’ from the front yard setback” to “9.6’ from the front property line”.
Loring Tripp moved to recommend approval of BOA 3487 to the Zoning Board of Appeals, subject to the following condition:
This property falls within a mapped habitat for rare and endangered species and is subject to a review by the Natural Heritage and Endangered Species Program and MESA Review. Any conditions imposed by NHESP and MESA shall also become part of this decision. The applicant shall forward copies of all correspondence to the Zoning Board of Appeals office. No work shall commence on this project until this review has been completed and comments have been received.
The vote was (4-1-0) with Marc Garrett in opposition.
BOA 3488 – Anthony & Marie Caliri
119 E Taylor Ave/SP to waive front side & rear setback requirements/SP to demolish & rebuild a non-conforming structure
Mark Flaherty presented a request for a special permit to demolish and rebuild a non-conforming structure and a special permit to waive the front, side and rear setbacks in order to construct a two-story, three bedroom cottage on a 2,349 sq. ft. lot. The new structure would be elevated on pilings and a new septic system would be installed. The site has Town water and will be subject to review by the Conservation Commission. The Design Review Board has suggested including additional windows.
Paul McAlduff moved to recommend denial to the Zoning Board of Appeals for the following reasons:
A two-story cottage is allowed in the R20SL Zone with a minimum lot size of 20,000 SF. The non-conforming and pre-existing lot of 2,349 SF is significantly less than the minimum of 20,000 SF. Increasing the use of the property would be substantially more detrimental than the existing non-conforming structure and use to the neighborhood. The request is not consistent with the intent of the Zoning Bylaw to prevent the overcrowding of land and to minimize public and private losses due to flood conditions in specific areas by provisions designed to protect human life and health.
Adequate and appropriate facilities and services do not exist for the requested expanded dwelling. The site is serviced by town water and by individual septic system. Variances from the Board of Health will be needed to construct a septic system. The site is deficient in lot size. There will be increased hazard to pedestrians and vehicles. There is inadequate access and no appropriate parking provided for the proposed residential use. The lack of onsite parking will create a bigger burden to the neighborhood by having people park their vehicles along Taylor Avenue or on someone else’s property.
There will be a nuisance and/or have an adverse effect with the existing residential neighborhood. The lot is significantly undersized for the current residential use. Increasing the use of the property would be substantially more detrimental to the neighborhood. The neighborhood is already overcrowded and consists of small lot with buildings that have minimal setbacks. Also, the property is within the White Horse Beach, which is a coastal dune and environmentally sensitive area.
The vote was unanimous (5-0).
Loring Tripp and Larry Rosenblum recused themselves from the following public hearing.
Loring Tripp left the meeting and Larry Rosenblum joined the audience.
Public Hearing (cont. from 3/10/08 and 3/31/08)
B547 - AD Makepeace/River Run
Timothy Grandy joined the Planning Board for this public hearing.
Mr. MacGregor stated that Malcolm MacGregor, Marc Garrett, Paul McAlduff and Timothy Grandy would be voting on this petition.
Atty. John Twohig introduced the topics for tonight’s presentation:
Project Design and Infrastructure
Traffic Follow-up
Open Space and Public Access/Trail Network
Utilities/Infrastructure (Water, Wastewater and Stormwater
Project Phasing
Architecture
Jeffrey Dirk, VHB Inc., presented responses to the traffic questions that were raised at the last meeting (see attached handout).
Thomas Berkley, AD Makepeace, reviewed the open space and public access components of the proposed project. The amenities include a boat launch and public parking for access to the Agawam River, trails for walking, bicycles, and cross-country skiing, scenic vistas and a wildlife sanctuary. Mr. Berkley also presented the proposed architecture for the residential and commercial units. (see attached handout).
Atty. Twohig presented the plans for the utilities and infrastructure. Water for the first phases will be supplied through wells, until the privately operated water supply can be established; there will be a wastewater treatment facility, and other utilities will be underground. Renewable energy such as wind, geothermal, solar, hydroelectric is also being considered.
Andrew Arsenault, the Town’s peer review consultant, agreed with most of the explanations regarding traffic that were presented, but needed additional time for an in depth review of the information.
William Abbott had concerns regarding whether the proposed intersection improvements will bring the intersections to acceptable levels and the impact that the movie studio project, if constructed, would have on traffic.
Ed Holmes was concerned with the impact of the wastewater treatment facility.
Blake Martin, Weston and Sampson, explained that the wastewater treatment facility would be constructed in a remote location on the site and that it should have little impact on existing homes.
Paul Luszcz, had concerns with traffic issues and the impact of the proposed movie studio on the neighborhood roads.
Oliver Durrell had some concerns with the routes for the construction traffic.
Robb Johnson, The Nature Conservancy, commended Makepeace for their efforts to preserve open space. Mr. Johnson stated that a review of the conservation restrictions and a management plan for the open space would be helpful. Mr. Johnson asked for an explanation of the difference between the conservancy areas and the areas that would have conservation restrictions.
Judy Kohn, AD Makepeace, explained that the sending areas would have permanent conservation restrictions and other open space would be left as passive open space, where activities such trails would be allowed.
Helen Hapgood was concerned with the traffic on Bourne Road and suggested that the improvements on Bourne Road and Little Sandy Pond Road should be a priority.
Phil Grime felt that Bourne Road cannot handle existing traffic and that the proposed roundabouts will only slow the traffic at the intersections, not along the winding, twisting portions along Bourne Road.
Steve Leydon asked if there would be any land set aside for municipal use.
Atty. Twohig replied that there have been discussions regarding setting aside land for municipal use and that it would be defined during a presentation of the project benefits.
Valerie Massard stated that the draft conditions and development process would be presented at the next continuation of the public hearing.
Malcolm MacGregor announced that the Board had received a letter of concern from David Belluche and asked that his concerns be addressed by Makepeace.
Valerie Massard replied that staff has forwarded the letter to Makepeace.
Marc Garrett moved to continue the public hearing to May 5, 2008 at 7:30 p.m.; the vote was unanimous (4-0).
The Board took a five-minute recess.
BOA 3485 – Sunna LLC
9 Long Pond Rd/SP to waive parking and to exceed height requirements
Atty. Edward Angley began the presentation for a request for special permits to waive parking requirements and to exceed the allowed building height in order to construct a three-story structure with associated drive-through for a pharmacy and medical offices.
Brian Rickner, Allen & Major, presented the site plan which will tie into the existing Home Depot development. There will be one way access off Long Pond Road with egress through Home Depot Drive. Parking for this site has been incorporated into the existing Home Depot plaza. There will be a net increase of 206 parking spaces. Lighting will match existing lighting. The drainage will be contained on site instead of draining to the existing highway drainage system. Joe Zebowski, Hardaway Associates, presented the elevations of the three story building. The change in grade allows for only two stories to be visible from Long Pond Road. The pharmacy and additional retail space would be on the first level with the second and third stories utilized for medical offices. The building
will have a red brick façade with an atrium. The roof line would be 39’5” high with the atrium 10-12’ above the roof line. Metal screening will be installed to enclose the rooftop mechanicals.
Jon Henson presented the landscape plans which include enhancing the existing vegetation along the Route 3 off ramp, buffering the parking areas along Long Pond Road, replanting along the access off Long Pond Road, permeable pavers with movable planters along the front of the building and landscaped islands within the parking lot.
Ron Mueller, Greenman Pedersen, reviewed the traffic pattern for the site, which would allow for a right turn only into the site for traffic traveling west on Long Pond Road and all other traffic entering the site off Home Depot Drive. The proposal includes a double left hand turn at the existing traffic lights for vehicles traveling east on Long Pond Road and a change to the signalization to allow for four separate timing cycles.
Marc Garrett suggested adding signage for “no right on red” for traffic coming from the County facility and the transfer station.
Larry Rosenblum recommended widening Long Pond Road and installing a landscaped traffic island to improve safety.
Malcolm MacGregor suggested changing the left turn into Brigantine Plaza.
Paul McAlduff moved to recommend approval to the Zoning Board of Appeals, subject to the following conditions:
Prior to an Occupancy Permit being issued, a revised landscape and parking lot striping plan will be reviewed by the Planning Board with review with final approval by the Board of Appeals. The Planning Board recommends a proposed no turn on red street sign at the intersection of Long Pond Road and Home Depot Drive.
Prior to an Occupancy Permit being issued, 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 an Occupancy Permit being issued, 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).
Other Business:
Movie and Entertainment Production Overlay District (MEPOD) Bylaw
Lee Hartmann presented the draft of the proposed MEPOD bylaw. The Board will be meeting jointly with the Board of Selectmen on April 22, 2008 to review the draft bylaw and the public hearing will be held on Monday, April 28, 2008.
Larry Rosenblum asked if the overlay district would encompass the entire 1,000 acre site.
Mr. Hartmann stated that the overlay district would only encompass a 350-400 acres footprint which has yet to be clearly defined.
Loring Tripp suggested that a permitting process similar to the Chapter 40R for Cordage Park might be more appropriate.
Paul McAlduff did not feel that the proposed hotel was appropriate and suggested that the village center should be accessed off Bourne Road.
Malcolm MacGregor stated that the retail component was interesting and suggested putting some of the housing or retail in Buzzards Bay.
Mr. Tripp felt that housing on site would be appropriate.
Mr. Rosenblum was supportive of the mixed use.
Mr. Rosenblum and Mr. Garrett requested more detailed maps of the proposed development and open space.
The Board will continue the discussion of the proposed bylaw in the joint session with the Board of Selectmen on April 22, 2008 and will begin the public hearing process on April 28, 2008 at 7:15 p.m.
A4294 – Gary Parker, M 127, Lot 7-59U, Marshall Dr. – Subdivide into unbuildable, open space lots 7-59V, 7-59W, 7-59X, 7-59Y, and 7-59Z
Loring Tripp moved for the clerk to sign the plan; the vote was unanimous (5-0).
Loring Tripp moved to adjourn at 11:05 p.m.; the vote was unanimous (5-0).
Respectfully Submitted,
Eileen M. Hawthorne Approved: April 28, 2008
Administrative Assistant
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