Planning Board Meeting
April 30, 2008
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: Malcolm MacGregor, Marc Garrett, Loring Tripp, III, and Larry Rosenblum
Staff Members: Lee Hartmann
Recording Secretary: Eileen Hawthorne
Lee Hartmann presented the current revisions to the proposed bylaw. Special Town Counsel has reviewed the proposed bylaw and advised staff as to revisions that would be appropriate. The revisions have been incorporated into the proposed bylaw. Mr. Hartmann presented the highlights of the refined bylaw as follows:
The maximum size of the development is 350 acres.
The bylaw defines four main functional areas (Movie and Entertainment Production Studio Complex, Studio Village Center, Educational Complex, and Recreational Areas).
A special permit from the Planning Board is required. To be approved the Board must find that the development is consistent with the Town’s Strategic Action Plan. Major street intersections within 1 mile will operate at acceptable levels of service.
The Planning Board must find that adequate regional traffic improvements (such as an interchange with Route 25) either are in place or required to be constructed as a condition of master plan approval. In addition, prior to the issuance of occupancy permits the improvements must be constructed and operational.
As an alternative to a special permit, Town Meeting by 2/3 vote can approve the master plan (similar to the OSMUD).
Occupancy permits for uses within the Studio Village Center will not be issued until 100,000 square feet of building space within the Movie and Entertainment Production Studio Complex are permitted and operational.
Uses allowed in the Movie and Entertainment Production Studio Complex:
Studio production uses.
Outdoor (back lot) filming use.
Commercial recreation, including theater use.
Production equipment rental and support uses.
Hotels and spas.
Uses allowed in the Studio Village
200 Artists’ mixed-use, short-term dwellings for rent only.
Convenience and general retail establishments provided that no single retail use, except theaters and day spas, shall exceed 25,000 square feet of net floor area and provided that the total retail use in the Studio Village shall not exceed 100,000 square feet of net floor area.
Educational Complex
Private Kindergarten through post-graduate and continuing education instructional uses.
Short-term educational housing for up to 200 students.
As part of the first phase 10 acres of recreation must be fully developed.
Wind Energy Facilities are permitted as part of the master plan.
Maximum building height is 45 feet (except hotels at 75 feet and 1 sound stage at 90 feet).
Maximum of four curb cuts on Bourne Road.
Structures and uses associated with the studio complex shall not front on Bourne Road.
150 foot vegetative buffer to abutting properties for single story or residential structures and 200 feet for structures over 45 feet in height.
Lengthy design standards
List of prohibited uses including a provision that no artistic productions shall be produced which motion picture industry standards would consider pornographic.
Mr. Hartmann stated that if the Board feels there are adequate protections in the proposed bylaw, they could vote the bylaw and continue refining the language up until and on Town Meeting floor.
Larry Rosenblum had some concerns with the issue of the 350 acres floating within the 1000 acres. He felt that there are issues with the impacts on conservation and Natural Heritage, the proposed buffers, protection of existing residential neighborhoods, and impacts on the growth of the development.
Loring Tripp felt the whole 1000 acres should be included whether the Town owns the open space or not.
Malcolm MacGregor was uncomfortable with including the entire 1000 acres in the proposed overlay district.
William Abbott was supportive of creating the overlay district for only a portion of the 1000 acres.
Bill Wynne stated that they would prefer to take title to only the portion of the 1000 acres that they need. They want to specify the development area in order to be able to present to a lender for security, insure that the overlay district encompasses the development area and to insure there is clear the title on the development area. Mr. Wynne suggested that they should do their presentation in order to address the Board’s questions from the last meetings. Mr. Wynne explained the phasing of the proposed development. As part of the phase one special permit, a portion of the land would be transferred to conservation. Mr. Wynne stated that it will take approximately one year to work through the title issues. The Board will condition the special permit.
Mr. Hartmann stated that during the special permit process, consultants would address the impacts of the nuisance, noise, lights, traffic, etc. and the mitigations that would be necessary.
Marc Garrett stated that the bylaw would set the minimum performance standards. Mr. Garrett preferred that the MEPOD encompass the entire 1000 acres with language allowing a 350 acre phased development area; noting that the development area may change after Natural Heritage reviews the site.
Mr. Hartmann stated that if the 350 acres needs to be redefined, it would have to go back to Town Meeting to have the MEPOD revised.
Mr. Wynne stated that if the bylaw and land transfer are approved at this Town Meeting, they will contact Natural Heritage. If Natural Heritage requires a revision, they would call a special town meeting to amend the map.
The Board began the review of the table in the revised zoning bylaw as follows:
Table 205-76 (1) MEPOD Movie and Entertainment Production Studio Campus Dimensional
Requirements |
Item |
Dimensional Requirement |
Minimum Lot Size: |
100 acres |
Maximum Lot Size: |
350 acres |
Minimum Lot Frontage: |
200 feet |
Floor Area Ratio: |
0.25 (applicable to the Property as a whole) |
Minimum Depth of Buffer Areas: |
|
from all Boundaries of Adjoining Properties |
150 feet |
from all Streets as defined in the Zoning Bylaw: |
150 feet (subject to reduction as provided in subsection E.4 below) |
Minimum Setbacks from Major Streets: |
|
for Studio Production Complex |
250 feet (300 feet for outdoor studio backlot areas) |
for all other areas |
150 feet (200 feet for structures higher than 45 feet) (subject to reduction as provided in section~G. below) |
Maximum Height of Structures: |
|
within the Studio Production Complex |
75 feet (90 feet for one sound stage, not to exceed 50,000 square feet of gross floor area) |
within the Studio Village Center |
45 feet (75 feet for hotels) |
within the Educational Center |
45 feet |
within all other areas |
45 feet |
Maximum Lot Coverage: |
30% (applicable to the Property as a whole) |
Building Setbacks from Internal Roads and Internal Lot Lines (if any): |
10 feet |
Minimum Separation Between Buildings: |
20 feet |
Steve Newbold presented a map detailing the buffers from adjoining properties and a cross section from the abutting campground to the nearest building. The edge of the back lot would be 660 ft. from the campground with the edge of the nearest sound stage an additional 650 ft. for a total of 1310 ft. from the campground.
Mr. Wynne stated that the purpose of the sound stage is to isolate sound from the abutters.
Mr. Newbold explained that special effects are often created by adding the sound later and that OSHA has regulations as to sound.
Mr. Hartmann stated that the Planning Board will have control over the location of the village during the special permit and site plan review process.
Mr. Wynne stated that the studio has to be operational before the Certificate of Occupancy can be issued for any of the village structures. The Village will be built at the same time the sound stages are to minimize impact on productions. All the common areas will be controlled by Plymouth Rock Studios.
Mr. Hartmann stated that the housing component would consist of 200 temporary rental units for resident artisans. He felt that the prohibited uses, design standards and review process would provide adequate protection for the Town. Town Counsel drafted the language that insures the occupancy permits are linked contingent upon what has been completed. The open space language is similar to that of the Pinehills OSMUD.
David Kirkpatrick stated that the MEPA process will identify whether the State funds would be for the interchange only or if there will be any State funds allocated for other public road improvements.
Pat McCarthy was concerned about the bonding of the road by the State and the Town.
Mr. Hartmann stated that if the funding for the interchange is not approved by the State, the project will not move forward. A neighborhood committee will be created and any consultants needed to review the project will be the responsibility of the developer.
Larry Rosenblum questioned what would happen if the studio fails.
Mr. Hartmann replied that the bylaw if passed would only allow a MEPOD, anything else would require a zoning change.
Mr. Tripp asked what parts of the proposed bylaw needed further review.
Mr. Hartmann stated that the language on Page 3 that allows Town Meeting action needs further review.
Patrick Ellis was concerned with the impact of the interchange on Bourne Road and the impact on the existing neighbors.
Mr. Tripp left the meeting due to a prior commitment.
Dick Quintal stated that the proposed project is more appealing than addition retail development. There will be traffic impacts, but we are not near build out yet and the town needs additional commercial development to balance the residential development. Mr. Quintal also felt the jobs created would benefit the community.
Cornelius Baker asked whether there would be any tax incentives for the developer and whether the educational institution would be exempt from paying taxes.
Mr. Hartmann stated that as a condition of the land transfer article, there will be a payment in lieu of taxes.
Paul McAlduff moved to continue the public hearing to Monday, May 5, 2008 at 7:00 pm, at Town Hall; the vote was unanimous (4-0).
Paul McAlduff moved to adjourn at 8:10 pm.; the vote was unanimous (4-0).
Respectfully Submitted,
Eileen M. Hawthorne Approved: May 12, 2008
Administrative Assistant
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