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 Paul McAlduff
Planning Board Alternate: Timothy Grandy
Staff Members: Lee Hartmann, Valerie Massard, and Howard Coppari
Recording Secretary: Eileen Hawthorne
Administrative Notes:
Minutes:
March 2, 2009
The Board approved the minutes of March 2, 2009 as presented.
The Board recommended that the clerk sign the following ANR plan:
A4327 – John T. Ferreira, 207-209 Standish Ave and 18 Savery’s Lane, Map 5, Lots 88A-1, 88B, 88B-1 and 88C – Combine a portion of Lots 88C and 88A-1 with lots 88B and 88B-1 to create Lot 88D (19201 sf) – remainder of Lots 88C and 88A-1 to become Lot 88E (11621 sf)
Malcolm MacGregor moved to approve the Administrative Notes as presented; the vote was unanimous (3-0).
BOA 3520 – Christopher Post
20 & 22 Pleasant Street, Map 19, Lots 223 & 224
Mark Flaherty, Flaherty & Stefani, Inc., presented a request for special permits in order to convert a three family structure into a four unit structure by converting a three-bedroom apartment into two one-bedroom units. The asphalt driveway will access the property through Lot 221 which is also owned by the petitioner. The driveway will culminate in six 9’x18’, crushed stone parking spaces at the rear of the structure. A portion of an existing retaining wall on Lot 14 will be relocated to allow emergency vehicles to access the site. A landscaped buffer will be installed between the edge of the driveway and an existing fence on the abutting property. Drainage will be through a cape cod berm along the driveway leading to a rain garden. Utilities include town water and sewer. Mr. Flaherty
stated that his client will document the driveway easement.
Howard Coppari reviewed the staff report for the project including the suggested condition of the documentation of the driveway easement. He also noted that the applicant is considering installation of two light posts in the driveway area.
Malcolm MacGregor questioned the view of the site from the Howland Historic House.
Mr. Flaherty stated that the chain link fence at the Howland House is at a lower grade than the site. A solid stockade fence will be installed on the site to block the headlights from shining into the Howland House
Marc Garrett commented that some of the plants on the rain garden plant list are not viable for this area.
Mr. Flaherty agreed to revise the list and submit a finalized planting design.
Paul McAlduff moved to recommend approval to the Zoning Board of Appeals subject to the following conditions:
The applicant shall provide a recorded copy of a cross-access easement from the Registry of Deeds prior to a certificate of occupancy being issued.
The applicant shall create a more detailed planting plan to be reviewed by the Planning Board with review with final approval by the Board of Appeals.
The vote was unanimous (3-0).
BOA 3524 – Carol Friedholm
50 Harlow’s Landing, Map 52, Lot21-6
Mark Flaherty presented the request for a special permit to waive the front setback requirements in order to construct a 25’x14’, two-story boathouse with steps. The existing boathouse will be demolished. The second story of the new boathouse will be used for storage only. There will be no water or sewer provided to the structure. The structure will be outside the 100 ft. buffer required by the Conservation Commission. The applicant is currently soliciting letters of support from abutting neighbors.
Howard Coppari reviewed the staff report including the suggested condition that there would be no habitation of the boathouse.
Paul McAlduff was in agreement that the boathouse should be restricted from being converted to living space.
Marc Garrett had the same concern and suggested that the condition should also include a restriction against using the structure for home occupations.
Paul McAlduff moved to recommend approval to the Zoning Board of Appeals subject to the following conditions:
The proposed boathouse shall not be used for dwelling or home occupation purposes.
The vote was unanimous (3-0).
BOA 3521 – Randy & Anita Galletti
122 Drew Road, Map 88, Lot 14
Mark Flaherty presented the request for a special permit in order to demolish an existing boathouse and fire damaged dwelling and reconstruct a new two-story single-family dwelling in the location of the existing boathouse. The boathouse was previously a cottage whose use was abandoned when the existing single family home was constructed. The fire damaged house will be razed to the foundation. The foundation will remain for a future use as a secondary structure for a garage or barn. Access to the site is off Drew Road through the Town Forest. There is an existing well and septic system. The septic system will be updated to include a new septic tank and pump chamber to pump to a new leaching field. The new 1270 sq. ft. structure would be located 47’ from Great South Pond and will
require review by the Conservation Commission. The site is also considered an endangered species habitat and the applicant has applied to Natural Heritage for its comments. Retaining walls that are in disrepair will be reconstructed in a pattern of 4’ high walls with terraced areas at the top. A portion of the property has an aquacultural restriction that limits where construction can occur.
Malcolm MacGregor stated that quite a bit of excavation will be required and asked how the property would be vegetated. He also expressed his concerns with the possibility that the sewerage pump could stop working at some point.
Mr. Flaherty stated that there is a 2:1 slope that will require plantings and stabilization, but there is no planting plan at this time. He explained that if the pump stops working, the water will drain back into the chamber.
Paul McAlduff asked if there was a backup plan if the pump loses electricity for any length of time. He also suggested installing residential sprinklers in the structure because of its remote location.
Mr. Flaherty explained that if the electricity goes out, the well will also be out of commission, so there won’t be water going into the system. He suggested that the applicant could use a back up generator in the event of a lengthy loss of power. Mr. Flaherty was concerned that the well would not be able to handle the water required for a residential sprinkler system.
Marc Garrett was concerned with the endangered species and putting a structure close to a habitat and water supply area and thought that there were alternative locations on the site where the dwelling could be constructed. He was concerned that the project would require extensive excavation and there has been no landscape plan submitted.
Malcolm MacGregor agreed with Mr. Garrett concerns and requested plans for the excavation and vegetation. He also suggested that the Board conduct a site visit before making a recommendation.
Mr. McAlduff also agreed with the other Board members. He suggested that the existing foundation could be used to construct a new house that would not disturb such a large area.
The Board scheduled a site visit for Saturday, March 21, 2009 at 9:00 a.m. and continued the review of BOA 3521 to Monday, March 23, 2009.
Discussion
Colony Place Rezone for Auto Dealerships
Gary Darman, Saxon Real Estate Partners, Inc., informed the Board that he has been contacted regarding adding an automobile dealership to the Colony Place development. The site is located in an aquifer protection district and falls under Mixed Commercial (MC) zoning, that allows automobile dealerships except in an aquifer protection area. A portion of the land would have to be rezoned in order to allow an automobile dealership at the Colony Place site. Mr. Darman stated that they were unsure what the limitations within the aquifer protection district are and what the difference between the National Tire and Battery which was allowed on the site and an automobile dealership.
Lee Hartmann stated that historically, car dealerships were allowed only in the Samoset Street commercial corridor. The Arterial Commercial zone was created to allow for auto dealerships. Subsequently, the area south of Lowes in Kingston was rezoned to MC with a provision that if the property was not in an aquifer protection district, dealerships would be allowed. This site is well buffered, close to an interchange and therefore acceptable. He cautioned that Commerce Way should not become an automobile dealership destination.
Mr. Darman noted that Colony Place is a large, mixed use development and that this might be a good fit for the development. It would be done in the theme of Colony Place with extra landscaping and amenities. It could be limited in the neighborhood by allowing in a mixed use area or limited by the size of the development. The location being considered would not be on the street, but located behind Plaza Way.
Paul McAlduff was concerned that being tucked in the rear of Plaza Way, large signage would be needed to identify the location. Mr. McAlduff was not supportive of creating an “auto mile” or having multiple curb cuts close together. He noted that automobile dealerships generally have a fairly low traffic volume.
Mr. Darman noted that the petitioner believes the location and access are marketable.
Malcolm MacGregor agreed with Mr. McAlduff. Mr. MacGregor also felt that we have a sufficient number of locations where automobile dealerships are allowed in that area. There are three sites that are currently available. He also felt it would be inappropriate to locate a dealership that would abut residential property and impact the aquifer protection district.
Mr. Darman noted that eventually the land abutting the residential area would be used for commercial uses and they would take precautions to buffer the residences.
Marc Garrett noted his concerns were similar to the other Board members with the proximity to the residential area and the aquifer protection district, the impact of automobile services would have on the aquifer, and the issues with the North Plymouth well pump.
Mr. Darman thanked the Board for their input and their time.
The Board took a five-minute break.
Pre-filing review
Plymouth Rock Studios
Lee Hartmann began the presentation for the pre-filing review for the Plymouth Rock Studio (PRS) project. The pre-filing review is held to make sure the Board is comfortable with the information provided prior to the filing for the site plan review. The site plan review will be advertised in the newspaper on March 25, 2009 and April 1, 2009 with the Public Hearing to begin on April 13, 2009.
Bill Wynne, PRS, stated that they have been working for the last few months to draft the site plan for the studio area and are excited to give the Board an overview of the site plan submittal.
Steve Newbold, Gensler Architects presented the project statement that outlines the applicant’s vision and two videos that depicted the Clark Road/Long Pond Road improvements and the access road improvements that approach the schools and PRS. The video of the access road detailed the entrance, the topography, the bike path, and the access to the school and the studio property. The basic character of the master plan has not changed throughout the zoning process. The residential area, campuses and amenity complex are located in the same area. The internal road system, the bike path, and non-vehicle circulation patterns were presented. There will be a shuttle service within the site and to the downtown area.
Paul D’Angelo, Paul D’Angelo Design Co., presented the landscape plans which will include transplanting existing trees and shrubbery and supplementing with additional nursery stock. Mr. D’Angelo presented cross-sections showing the landscape berm parallel to Long Pond Road that buffers the studio and the back lot at planting and at 6-10 year maturity. He also showed cross sections of the entrance road off Long Pond Road at planting and 6-10 year maturity. The Board was shown a detailed planting list.
Mr. Newbold presented the draft site plan for the studio area which includes the production stage area and the hilltop area. There will be 14 sound stages with production support space grouped in pairs, surrounding a fully landscaped, central boulevard with parking in the rear of the buildings. There will also be a park area, a mill building, a production service warehouse, cooling plant, and post production building. On the hilltop, there will be a screening theater with a reflecting pool and associated parking, post production offices, and a commissary. There will be a request for a waiver for the back entry gate that falls within the 150 ft. buffer zone.
Paul McAlduff asked if the school department is aware that the security gate that abuts the school will encroach upon the buffered area and if PRS was anticipating that the traffic on Route 3 will not be visible from the access road.
Mr. Newbold explained that the school has not reviewed the site plan yet and that headlights on Route 3 should not be visible from most of the access road. There might be one section behind the junior high school that would be impacted by the lights on Route 3.
Malcolm MacGregor asked how the nitrogen loading would be dealt with.
Mr. Wynne stated that the nitrogen loading and will be addressed as part of the MEPA submittal. There is also an ongoing study by UMass Dartmouth that will address the issue of the level of nitrogen loading. The existing septic systems and golf fertilizer program will be taken off line so that will help the nitrogen loading go down.
Mr. MacGregor asked for further information on the cooling tower.
Mr. Newbold explained that there is high energy use for studio lighting which needs cooling; therefore there is a cooling plant with a tower that is 15 to 20 ft. tall. At times it will put out a mist for evaporated cooling. They are looking at options to mitigate, because they don’t want to waste energy.
Mr. MacGregor suggested that ground water heat pumps might work. He also asked about a plantings maintenance plan.
Mr. Newbold explains that State requirements are for closed systems because the ground could become overheated, although the State is considering changes to its requirements.
Mr. D’Angelo stated that the native plantings will require little maintenance once the plantings take and the rain water harvesting will be utilized for manicured areas.
Mr. McAlduff suggested looking to the State Forest for natural plant inspiration and installing birdhouses to encourage restoration of bird habitat.
The Board was enthusiastic about the presentation and looks forward to the public hearing process.
Paul McAlduff moved to adjourn at 9:50 p.m.; the vote was unanimous (3-0).
Respectfully Submitted,
Eileen M. Hawthorne Approved: March 16, 2009
Administrative Assistant
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