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Planning Board Minutes September 29, 2008
Planning Board Meeting
September 29, 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: Marc Garrett, Malcolm MacGregor, and Bill Wennerberg
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 3502Secured Realty Trust Inc., State Road, Map 54, Lots 5-2B-4, 5-3-1A, 6-6, Special Permit for a zero front setback in order to construct a retail building subject to the following conditions:
A landscaping plan for an appropriate portion (an absolute minimum of 25 feet in width in front of the site) for the corner of the County Road/State Road unused layout shall be prepared by a Landscape Architect which maintains appropriate sight distances and which contains details and specifications with respect to plant materials consistent with the landscaping shown for the remainder of the subject property shall be submitted to the Board of Appeals for approval.
Landscaping as shown on the approved plan as described in Condition Number 1 must be installed prior to issuance of an Occupancy Permit for the 15,000 SF commercial building that is the subject of this Special Permit.
Maintenance of the landscaping within the road layout as shown on the plans is the responsibility of the Owner of the property subject to this special permit.

The Board endorsed the Bourne Road Town layout plan which realigned a portion of Bourne Road as part of the mitigations for the B543 – A.D. Makepeace project.

The Board approved a partial release of covenant for Map 102, Lot 14-4 in the B530 – Waterhouse LLC subdivision.

The Board approved the minutes of September 15, 2008 as presented.

Action on A4315 was postponed until October 6, 2008.
A4315 – Pinehills LLC, Hickorywood, Map 78C, Lots 11-140 (11,164 sf), 11-141 (7,559), 11-142 (9,455 sf), 11-143 (8,612 sf), 11-144 (8,484 sf), 11-145 (6,991 sf), 11-146 (7,271 sf), 11-193 (9,925 sf) and A-177 (144,311 sf) – Lot line adjustment to create lots 11-197 (0.27A), 11-198 (0.27A), 11-199 (0.26A), 11-200 (0.22A), 11-201 (0.24A), 11-202 (0.26A), 11-203 (0.28A) and A-198 (3..16A).  

The Board recommended that the clerk sign the following Form A plan:
A4316 –Michael & Elizabeth Sawyer, 37 Sleepy Hollow, Map 100, L 39-16 (4.41A) – Divide into lots 39-39 (1.58A) and 39-40 (2.71 A)

Malcolm MacGregor moved to approve the Administrative Notes as presented, with the exception of A4315; the vote was unanimous (3-0).

Public Hearing
        LaRocque/Graffam
Marc Garrett read the public hearing notice and opened the public hearing.
Atty. Richard Serkey asked for a continuance until there was a full Board.
Malcolm MacGregor moved to continue the public hearing to October 6, 2008 at 7:25 p.m.; the vote was unanimous (3-0).

BOA 3505 – E. Philip Lewis
        Brush Hill Road, Map 48, Lot 52-47 – Special Permit to waive access requirements in order to construct a single family dwelling
Mark Flaherty presented the request for a special permit to waive access requirements in order to construct a single family dwelling.  The proposed access would be widened from an 11 ft. wide gravel road to a 16 ft. wide gravel road for approximately 350 ft.  Drainage, a private septic system and an 8” Town water main with a hydrant will also be installed.  The abutting property is a Town owned parcel.  A hammerhead turnaround is proposed just after the Town owned parcel for emergency vehicles.  
Malcolm MacGregor moved to send a letter to the Board of Selectmen requesting that the adjacent Town owned lot remain open space and to recommend approval to the Zoning Board of Appeals subject to the following conditions:  
The Fire Department must review the revised access way layout to ensure adequate road access for emergency vehicles and fire suppression.
The proposed drainage system must be approved by the Town Engineer’s Office.
The owner of the site is responsible for the maintenance of the drainage improvements shown on the site plan.
Prior to the issuance of an occupancy permit, said improvements are to be installed under the supervision of a registered profession engineer. The engineer must certify that the physical improvements noted in the site plan and drainage calculation report have been installed in accordance with the conditions noted here and accepted installation practices.
The vote was unanimous (3-0).  

Public Hearing -
        Gunning Point 2
Marc Garrett read the public hearing notice and opened the public hearing.
Leonard Bradley, Diprete Engineering, requested a continuance.
Malcolm MacGregor moved to continue the public hearing to October 20, 2008 at 7:10 p.m.; the vote was unanimous (3-0).  

Committee Liaison Discussion:
The Board and staff discussed scheduling appointments and updates from the various committees they serve as either liaisons to or are members of.  
Marc Garrett was supportive of scheduling appointments with the Steering Committees (possibly off-site) and the other committees and possibly having the Board attend the Steering Committee meetings off-site.  
Tim Grandy, Cedarville Steering Committee Chair, stated that he would coordinate a meeting with the members of the Cedarville Steering Committee and would invite the Road Advisory Committee to make a presentation at a future Planning Board meeting.  

BOA 3503 – Omnipoint Communications, Inc.
        104 Pinewood Road, M 108, L 28A – Special Permits subject to EDC, for height of a proposed structure in excess of 35’, and for deviation of set back requirements in order to install and operate a personal communications system facility in the form of a monopole.  
Atty. Joseph Giammarco, Prince, Lobel, Glovsky & Tye LLP, presented the request for Special Permits in order to construct a 150 ft. monopole communication tower facility with 9 antennas.  The site is a heavily wooded lot with a cleared area that the Pinewood Lodge uses as a maintenance area for the campground and will require minimal tree removal.  The base of the tower would be enclosed in a 38’x38’ compound.  The monopole would be set on a precast, concrete pad, with nine antenna’s running up the center of the pole so they will not be visible from the exterior.  The monopole can be painted any color deemed appropriate.  A request was sent to carriers on Friday, September 26, 2008 to determine their interest, but there has been no response to date.  The parcel is over 25 acres which allows for ample setbacks: front yard setback - 698 ft., side setbacks - 258.1 ft (which will require dimensional relief) and approximately 600 ft.; rear setbacks 560 ft.  Utilities will include telephone and electrical service which will run underground along the existing access driveway and will require installation of one utility pole at the beginning of the run.  Vehicle trips will be minimal with one or two trips a month for maintenance purposes.  The FAA has not responded as to whether the pole will need to have lighting.  If lighting is required a generator and a turbine light shield would be installed.   
Shaikh Mahmood, Omnipoint Communications (T-Mobile), presented a map that detailed the lack of existing coverage along a portion of Carver Road and the surrounding area and a map showing the area that would have coverage if the monopole is constructed.   
Malcolm MacGregor asked if the proposed tower was in a residential zone.
Atty. Giammarco replied that the site is in a Rural Residential zone.
Mr. MacGregor felt that the pole was not appropriate for a residential zone, especially when an industrial park which would be more appropriate is in close proximity.   
Mr. Mahmood stated that if the pole was in the industrial park, coverage would be insufficient.  
Tim Grandy asked if the proposal has been presented to the West Plymouth Steering Committee.   
Howard Coppari stated that the Planning Board is the first to the review the proposal.  
Atty. Giammarco stated that a presentation to the Design Review Board has been scheduled.  
Marc Garrett asked if the proposal has been reviewed by the Plymouth Airport as they will be expanding a runway.   Mr. Garret asked if the pole would be installed from the ground or by helicopter and whether any camouflage is proposed.   He suggested that the Steering Committee and the Airport should weigh in on the proposal before the Board makes a recommendation.
Atty. Giammarco replied that the pole will be installed by ground through the existing service roads and that no camouflage is proposed.  The pole can be painted any color that is acceptable to the Town.  
Malcolm MacGregor moved to continue the review of Board of Appeals case 3503 to October 6, 2008; the vote was unanimous (3-0).  

BOA 3504 – CVS Pharmacy
        State Road, Map 45, Lot 70F – Special Permit for signage
Howard Coppari presented the request for a Special Permit in order to erect a 2’10’x 19’ red and white sign on the Beaver Dam Road façade of the newly constructed CVS Pharmacy.  A special permit is required for a second sign.   There is an existing sign on the State Road façade of the building that was approved by the Building Commissioner.  During the original review process for the CVS, the Planning Board and the Manomet Steering Committee recommended that signage consist of maroon signs with gold lettering.    
Marc Garrett asked if any relief was required for the sign that is already installed.  He asked for clarification of why one sign requires a special permit when the other has already been approved and installed.  
Mr. Coppari stated that a Special Permit for the original signage was not required.
Mr. Coppari stated that the Planning Board recommended that the applicants come back with a full signage package and that the signage be similar in color (maroon sign with gold lettering) to the CVS Pharmacy’s in Cedarville, Harwich and Barnstable.  
Mr. Hartmann stated that the Board of Appeals vote stated that all signs must comply with the Zoning Bylaw.
Marti Erbe, Manomet Steering Committee Chair, confirmed that the committee had requested the maroon and gold signs, but would be satisfied with something more aesthetically pleasing.  Ms. Erbe suggested adding molding or other architectural element to the sign.  
Bill Wennerberg was supportive of the existing sign in the company logo colors with additional architectural elements.
Tim Grandy was supportive of the Manomet Steering Committee’s request.
Malcolm MacGregor moved to recommend denial of the proposed red and white sign to the Zoning Board of Appeals for the following reasons-:
The proposed sign of this size is not appropriate in the zone and for this specific building.  The sign should be of the colors requested by the Manomet Steering Committee and the Planning Board.  The people in the neighborhood favors a more traditional and antiquated looking sign.
Adequate and appropriate facilities are in place for proper operation of the proposed sign.
The sign will not create a hazard to pedestrians or vehicles.  The sign is larger than what is allowed for a second sign by zoning.
A second sign of this size will be a nuisance and have an adverse effect within the Neighborhood Commercial area.  
The vote was unanimous (3-0).  

Malcolm MacGregor moved to adjourn at 8:50 p.m.; the vote was unanimous (3-0).  


Respectfully Submitted,




Eileen M. Hawthorne                                             Approved: October 6, 2008
Administrative Assistant