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, Paul McAlduff, Larry Rosenblum, and Bill Wennerberg
Planning Board Alternate: Timothy Grandy
Staff Members: Lee Hartmann and Valerie Massard
Recording Secretary: Eileen Hawthorne
7:00 Administrative Notes:
Minutes:
The Board approved the minutes of February 9, 2009 as presented.
The Board recommended that the clerk sign the following ANR plan:
A4322 – Susan De Marzo/Town of Plymouth, Ryder Way – Map 37A, Lots 158B, 159 and O, Lot Line Adjustment per Article 22, Fall Town Meeting – Divide a Portion of Lot O to create Land Court Lot 6 (15250 sf) with the remainder of Lot O to become Land Court Lot 7 (10.04 A); Lots 158B and 159 to be conveyed to the Town of Plymouth.
Paul McAlduff moved to approve the Administrative Notes as presented; the vote was unanimous (4-0).
Public Hearing (cont. from 2/2/09 and 2/9/09):
Spring Town Meeting Article – Rezone Home Depot
Home Depot Drive, Map 89, Lots 13 and 48
Marc Garrett reopened the public hearing.
The Board received a copy of a draft Memorandum of Understanding (MOU) that had been reviewed and edited by Town Counsel.
Lee Hartmann presented additional handouts that included a letter from Jeffrey Dirk, Vanasse & Associates, Inc., regarding the corridor study being done for the Town that should be completed in March; a map of the Zone II well site; and the above-mentioned draft MOU. A topographical map of the area was also presented.
Atty. Edward Angley stated that he briefly reviewed the draft MOU and he cannot agree to some of the language in the draft MOU. Atty. Angley also stated that he would need additional time to review the draft MOU carefully. He also stated that if there is not a signed MOU prior to Town Meeting, the article will be withdrawn.
During the discussion, the following changes were requested or suggested:
Page 2, section I, - “950” should read “850”.
Page 2, II, A. 1. and Page 3, II, 2. e. - Holman Road should be added to the list of intersections on Long Pond Road.
Page 4, III, 4, a & c – Construction hours should be changed from 6:00 AM to 7:00 AM.
Page 5, III, 4. - Legal and Other Fees should be deleted.
Page 6, III, 10 – Performance Bond should be deleted.
Caliper of landscape trees to be installed should be 3”-3.5”.
Certificate of Occupancy should be issued after the slopes are vegetated and stabilized.
Any gravel removal should be defined.
A pedestrian trail should be provided through the site to link to area open space.
Limit development in the Zone II area.
Uses should be defined.
Larger buffer areas should be required.
The buildings should be “green” or LEED certified.
Build to the topography of the site.
Larry Rosenblum was supportive of the concept, but suggested waiting until the corridor study is completed before moving forward.
Paul McAlduff felt that this project would be a way to get much needed infrastructure improvements on Long Pond Road completed.
Atty. Angley stated that there are certain things that can be done in the Zone II area as long as they are in compliance with DEP regulations.
Ron Mueller stated that when the proponent files with MEPA, the project will be required to meet certain standards that decrease greenhouse gasses. The tenants will determine whether they will build “green” or LEED certified buildings.
Atty. Lee Alfieri, on behalf of Barry C. Tassinari Construction, expressed his concerns with the buffer zone and requested the buffer area along the residential area be increased to 150 ft as shown on the approved subdivision plan.
Mr. Hartmann explained that the property was previously zoned Light Industrial which required the 150 ft. buffer zone and Highway Commercial only requires a 50 ft. buffer zone.
Larry Rosenblum moved to close the public hearing and recommend to Town Meeting the following:
The Planning Board is supportive of the proposed rezoning, but at this time, the Board does not have the necessary information to adequately assess the full impacts of such a rezoning. The Board suggests that the petitioner continue to work with Town and revisit this proposal at a future town meeting.
The Planning Board recommends that Town Meeting not approve this petitioned request to rezone approximately 47 acres of land Rural Residential (RR) to Highway Commercial (HC) for the following reasons:
- Development of this property would be “as-of-right”. Therefore, the Town does not have the ability to deny a proposed development or, more importantly, to require the installation of the traffic mitigation outlined by the developer.
- The development potential of the property could exceed the 240,000 square feet assumed in the traffic assessment. The road improvements identified in the traffic assessment will not be adequate to accommodate any additional development.
A portion of this property is located within the Zone II (recharge area) of the Lout Pond Well. Town Meeting recently appropriated funds to reactivate this well and it is expected to be in operation this year. The Department of Public Works recommends that the Zone II area of this property be designated as a “no disturb” area.
To address the traffic and wellhead protection issues, the Town typically relies on the special permit process to negotiate mitigation measures. Since many of the possible development options for this property would not trigger a special permit, the Planning Board suggested executing a Memorandum of Understanding (MOU) to make the commitments made by the petitioner binding.
Unfortunately, the Board was unable to negotiate an MOU acceptable to the Town and the petitioner in time for this town meeting. The following issues remain unresolved:
- The possibility of limiting the amount of certain types of uses (retail in particular).
- Including measures that address the DPW’s Lout Pond Well protection concerns.
- The possibility of requiring some level of commitment to a “green” or LEED certification for development on the property.
- Developing a better understanding of the possible amounts of sand and gravel that could be removed from the property, including but not limited to duration of site preparation activities, truck counts accessing and leaving the site and routing, potentially onto an already overburdened upper Long Pond Road corridor.
- Including provisions that provide flexibility to increase the buffers to residential abutters.
In addition, the petitioner was not willing to assume the Town’s costs of legal and consulting services associated with negotiation, securing of permits and approvals for the Project.
In conclusion, without a Memorandum of Understanding (MOU), the Town is not adequately protected. In March, the Town’s corridor study will be complete and the Town will have a better understanding of the impacts of this rezoning as well as the impacts of additional development along the entire corridor. At this time, the Planning Board asks Town Meeting not to support this request and allow the Board and the petitioner time to negotiate an option that allows commercial development to proceed but also protects the residents of Plymouth.
The vote was unanimous (4-0).
Bill Wennerberg moved to adjourn at 8:30 p.m.; the vote was unanimous (4-0).
Respectfully Submitted,
Eileen M. Hawthorne Approved: February 23, 2009
Administrative Assistant
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