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
Administrative Notes:
The Board recommended approval of BOA 3489 – Eldred G. Foster, 12 John Alden Road, Map 44, Lot 6-405 – Special Permits to waive side setback requirements and to enlarge a non-conforming structure in order to construct a new 446 sq. ft. wooden deck attached to the rear of an existing single-family house subject to the following condition:
If the applicant chooses to enclose or enlarge the wooden deck in the foreseeable future then the applicant shall apply for a Special Permit to seek relief from zoning.
The Board agreed to notify the Building Commissioner that 12 Silent Spring Way does not comply with minimum access requirements.
Minutes:
The Board approved the minutes of April 22, 2008.
The Board approved the minutes of April 23, 2008.
Marc Garrett moved to approve the administrative notes and minutes as presented; the vote was unanimous (5-0).
Public Hearing (cont.)
Movie and Entertainment Production Overlay District (MEPOD)
The Board reviewed each page of the proposed MEPOD bylaw and made the following changes:
PAGE 1
Larry Rosenblum moved to delete “cinematography, production of cinematic media, movies, “ and ”add “live action motion pictures, animations, commercials and videos, music and theater” under Intent, Section A, 8 and to delete Intent, Section A, 9; the vote was unanimous (5-0).
Marc Garrett moved to change “complimentary” and “associated” to “ancillary” under intent, in Section A, 1, 2, and 8; the vote was unanimous (5-0).
PAGE 2
Loring Tripp moved to make the following changes to the text on Page 2, under Definitions:
N. MEPOD Master Plan: Add “plan” after “A MEPOD Master Plan is the development”;
O. Site Plan Approval: remove “approving of a Site Plan” and add “of a site plan” to read “Site Plan Approval is the approval of a site plan issued by the Planning Board under this section of the Bylaw……”;
P. to be consistent, under this line and throughout the proposed bylaw, replace “Entertainment and Movie” with “Movie and Entertainment”; AND
Under Master Plan Special Permit, 2., delete the following:
“as well as standards and criteria set forth in Section 205-76”.
The vote was unanimous (5-0).
Loring Tripp moved to add the following to Definitions and Prohibited Uses:
T. Outdoor amusement or theme park: an establishment having amusement concessionaires and/or amusement devices, including theme entertainment parks, permanent carnivals, vehicular amusement parks, and similar facilities.
The vote was unanimous (5-0).
The Board discussed whether to allow or prohibit a helipad or heliport.
Paul McAlduff moved to add helipads or heliports to prohibited uses: the vote was (4-1) with Marc Garrett in opposition.
Helen Hapgood commented that she was supportive of the Board’s vote as the studio proponents had not requested a helipad and were not supportive of allowing a helipad.
PAGE 3
Larry Rosenblum moved to delete the following:
5. Notwithstanding any other provisions of this Section 205-76, the developer or land owner may submit a Development Plan for a MEPOD Development under this Section 205-76, whether or not a Master Plan Special Permit for a MEPOD Development has been granted, to the Town Meeting for approval by a two-thirds (2/3) vote of Town Meeting Said Development Plan shall be treated as a Zoning Bylaw amendment as specified in M.G.L. Chapter 40A, Section 5. The Planning Board shall provide a recommendation to Town Meeting regarding the Development Plan’s compliance with Section 205-76. Said recommendation shall include all findings, conditions and mitigation measures necessary to ensure compliance with Section 205-76. Upon such approval, all requirements of this Section 205-76 regarding a Master Plan Special Permit
shall be considered satisfied for such use with reference to such Development Plan, and no further or separate Master Plan Special Permit shall be required. Any Development Plan so approved may subsequently upon submission by the developer or land owner be modified either by two-thirds (2/3) vote of Town Meeting or by a Special Permit issued by the Planning Board, under the standards applicable to a modification of a Master Plan Special Permit.
The vote was (3-2) with Loring Tripp and Paul McAlduff in opposition.
The Board discussed whether to add language that would require a certain level of certification under the Leadership in Energy and Environmental Design (LEED) program (Bronze, Silver, Gold or Platinum) or to leave the existing language that requires the – “maximum degree feasible”.
Loring Tripp moved to leave the existing language regarding LEED certification; the vote was (4-1) with Larry Rosenblum in opposition.
Plymouth Rock Studios has agreed to pursue LEED certification for as much of the development as possible.
Marc Garrett moved to clarify the boundary as defined under Master Plan Requirements, 2. Traffic, Section a, i, as follows; “that the Major Street intersections and roads within one mile of the MEPOD boundary are operating and will continue to operate after completion and occupancy of the Project….” ; the vote was unanimous (5-0).
PAGE 4
Lee Hartmann added under Allowed Uses, A., b., “ancillary to studio production uses” in regards to a studio theater within the studio production complex.
PAGE 5
No Changes
PAGE 6
No Changes
PAGE 7
Paul McAlduff moved to change the “Minimum Setbacks from Major Streets” to “Minimum Building Setbacks from Adjoining Properties and Major Streets” and to decrease the dimensional requirement from 250 ft. to 150 ft.; the vote was unanimous (5-0).
Marc Garrett moved to change the height of “within all other areas”, under Maximum Height of Structures from 45 ft. to 35 ft.; the vote was unanimous (5-0).
The Board took a five-minute break.
PAGE 7 cont.
Loring Tripp moved to amend the language regarding the hotel height to read (75 feet for one (1) 400 room hotel: the vote was (4-1) with Malcolm MacGregor in opposition.
PAGE 8
No Changes
PAGE 9
Mr. Garrett moved to add a requirement for site and building cross-sections to be submitted during the site plan approval process under G. 1 and 2.;
Mr. Rosenblum moved to include in the vote a requirement under G. 3 that would require as part of the site plan submission a three-dimensional electronic and/or physical model; the vote was unanimous (5-0).
PAGE 10
Marc Garrett moved to change “church” to “house of worship” under Design Standards, No. 5; to reverse the order of “brick, glazing, wood siding, cedar shingles” to “wood siding, cedar shingles, stone, masonry, brick, glazing”; and to add “native and ornamental” to ground coverings under 3. a.; the vote was unanimous (5-0).
PAGE 11
Loring Tripp moved to amend the size of a parking space from “8 feet by 17 feet” to “9 feet by 18 feet”; the vote was (3-2) with Paul McAlduff and Malcolm MacGregor in opposition.
Loring Tripp moved to change the maximum noise level at the MEPOD boundary under B. 1. from “60” in the daytime…and 50 dBA in the nighttime…” to “90 in the daytime…and 80 dBA in the nighttime…”; the vote was unanimous (5-0).
Larry Rosenblum moved to delete “may be waived for short periods of time” and “upon written application” under both B.3. and C.3. to “The MEPOD Master Plan shall include criteria and limitations approved by the Planning Board for waiving…………with input from the Citizens Advisory Committee”; the vote was unanimous (5-0).
PAGE 12
Paul McAlduff moved to delete “reserved” from Ownership, B., 1.; the vote was unanimous (5-0).
PAGE 13
Added two items to prohibited uses (outdoor amusement and theme parks and heliports and helipads) as voted above.
PAGE 14
No Changes
Typographical changes were accepted by the Board.
Marc Garrett moved to close the public hearing and to forward the draft MEPOD Bylaw with the changes as amended above to the Board of Selectmen and Advisory and Finance Committee with any additional revisions to be incorporated at a later date; the vote was unanimous (5-0).
The Board members, staff, and Helen Hapgood thanked Loring Tripp for his ten years of dedicated service as a Planning Board member.
Public Hearing (cont.)
AD Makepeace/River Run
Loring Tripp and Larry Rosenblum recused themselves from this public hearing and left the meeting. Timothy Grandy, Planning Board Alternate joined the Board for this public hearing.
Atty. John Twohig presented a recap of previous meetings.
Jeff Dirk addressed the questions that were brought up at the last meeting. He stated that A. D. Makepeace would communicate with the proponents for the movie studio regarding traffic studies. Mr. Dirk stated that their recommendations for infrastructure improvements could be expanded upon. He stated that out of the three proposed routes, the preferred route for construction traffic would be to utilize the Clark Road/Long Pond Road/Halfway Pond Road/Bourne Road/ Bourne Road Connector route. The mitigations for these intersections would be completed first. Once the improvements are done on Bourne Road, the maintenance would be turned over to the Town.
Atty. Twohig offered the following regarding inclusionary housing: Seventy-four units are required at full buildout; Makepeace is proposing 103 units. All inclusionary housing units are required to be includable in the Town’s Subsidized Housing Inventory. The waiver request for inclusionary housing in the initial neighborhood has been withdrawn. The inclusionary housing plan will be updated periodically. Makepeace will comply with the Town’s guidance documents that relate to applicant qualifications, rental programs, lotteries, etc. Other benefits to the community would include infrastructure improvements such as paving of Wareham Road, offsite improvements to 23 intersections, realignment and improvements to Bourne Road. The development will also have its own sewer and water
facilities. Recreation and Habitat protection includes preserving approximately 1600 acres of open space, a wildlife sanctuary, miles of walking trails, and preservation of rare species habitats.
Valerie Massard offered the following clarifications in regards to the draft vote: a limit of 100 septic systems will be allowed prior to the sewerage treatment plant going on line; the open space would be a minimum of 390 acres; a management plan for the open space would include parking areas for public access to walking trails and boat launching areas; an updated use area table with a map of use areas was submitted as part of the petition; a reference has been made to a letter from the DPW Director regarding terms for the private water system - exploration for a town well site has been eliminated, with the remainder of the items in the letter remaining; the waiver for affordable housing in the initial phase has been withdrawn; construction traffic routes which will be phased with school and bus routes have been added to the Use Area
Plan review process; they will comply with the dark sky bylaw throughout the project; and reference has been made to a letter from the peer review consultant which prioritizes the traffic calming measures to be taken; and if there is a 10 percent change at several intersections Makepeace will be required to return to the Board to address additional mitigation.
A meeting was held over the weekend with neighbors who voiced their concerns about maintaining the rural character of the area. Roundabouts will be installed at the intersections of Long Pond/Clark Roads and Long Pond/Halfway Pond Roads with all of Wareham Road paved.
A layout will be provided for the Ship Pond/Long Pond Road intersection extending to the highway overpass. The Fire Chief has asked that in lieu of locating a fire station on Makepeace land that they consider aiding in the acquisition of a transmitter valued at $50,000. An agreement has not been reached on the municipal land component.
Steve Lydon asked if sidewalks from the beginning of the development to South Elementary School were included.
Mr. Dirk replied that they intend to install sidewalks and/or pedestrian connections on the portion of Bourne Road that they own.
Helen Hapgood suggested adding a traffic or pedestrian light at the elementary school as it will be a safety concern with all the construction traffic traveling along Bourne Road.
William Abbott asked for a clarification on the timetable for installing the road improvements.
Ms. Massard clarified that footnote A identifies the improvements that have to be completed prior to the commencement of construction; Mr. Dirk and Ms. Massard agreed to adjust the timing column to match the footnote.
Ms. Massard explained that there was an additional edit in respect to the Halfway Pond East and West parcels.
Atty. Twohig clarified that the TDR certificates would be sent from Halfway Pond West first and the first sending area that didn’t require Natural Heritage mitigation would be Halfway Pond East.
Ms. Hapgood asked if there would be a performance bond to cover repairs of the roads after the construction is done.
Ms. Massard stated that the performance guarantee would cover any off-site traffic improvements that need to be done and would include landscaping.
Tim Grandy asked if the 20 acres proposed for municipal uses was separate from the recreational areas adjacent to the YMCA. Mr. Grandy suggested improvements to the ball fields at South Elementary School.
Mike Hogan, A. D. Makepeace, identified two acres in the village center available for public use, the area next to the YMCA, a playground in the village center and the trail systems. Mr. Hogan stated that they would work with the School Department in regards to improvements and aiding in the maintenance of the ball fields at South Elementary School.
Paul McAlduff asked if the abutting neighbors could tie into the sewerage treatment plant and whether it could be made available to South Elementary School. Mr. McAlduff asked if there would be land available for public space.
Mr. Hogan stated that they tried to engineer enough capacity to connect additional abutters and may have enough capacity to connect the school, but there are issues with crossing two different watershed areas. Mr. Hogan stated that north of the main site adjacent to Bourne Road, there could be a 10-20 acre parcel that could be set aside, but the density would have to be distributed elsewhere in the village. Mr. Hogan suggested a time frame of 3-5 years for the Town to determine whether the site would be utilized for a specific municipal use.
Mr. Grandy asked about the installation of a safety light at the elementary school.
Mr. Dirk stated they would evaluate traffic lights and if it is not warranted, other mitigations may be installed.
Malcolm MacGregor asked if the suggestion of funding the fire transmitter was considered.
Mr. Hogan stated they were willing to accommodate the needs of the fire department.
Paul McAlduff moved to close the public hearing; the vote was unanimous (4-0).
Paul McAlduff moved to approve the Master Plan for B543 - A. D. Makepeace River Run subject to final review of the draft document; the vote was unanimous (4-0).
Marc Garrett moved to adjourn at 11:35 p.m.; the vote was unanimous (4-0).
Respectfully Submitted,
Eileen M. Hawthorne Approved: May 19, 2008
Administrative Assistant
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