Town of Plymouth, MA - Planning Board Minutes April 13, 2009

Planning Board Minutes April 13, 2009

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, Paul McAlduff, Larry Rosenblum, and Bill Wennerberg

Staff Members: Lee Hartmann, Valerie Massard, and Howard Coppari

Recording Secretary: Eileen Hawthorne

Administrative Notes:

Minutes:

The Board approved the minutes of March 23, 2009 as presented.

3402 – Merritt Belle Isle, 891R Long Pond Road, Map 113, Lots 5 & 26 – Review of compliance with condition No. 6

The Board recommended that the plans entitled “Zoning Application and Well Permit Plan” dated February 19, 2009 and prepared by Land Management Systems, Inc. of Plymouth, Massachusetts showing a vehicular turnaround approximately halfway down the new driveway, satisfies Condition No. 6 of the special permit.

The proponent will be subject to permitting through the Conservation Commission prior to issuance of a Building Permit.

B474 – Wadsworth Estates – Endorsement of ANR, Field Change, Covenant and Certification Vote for recording

The Board voted for the clerk to endorse the ANR plans and the Board to endorse the covenant and votes for B474 – Wadsworth Estates.

Bill Wennerberg moved to approve the above-mentioned Administrative Notes; the vote was unanimous (5-0).

Minutes:

March 30, 2009

Bill Wennerberg moved to approve the minutes of March 30, 2009 as presented; the vote was (4-0-1) with Paul McAlduff in abstention.

BOA 3523 – Jean Loewenberg and Larry Rosenblum

39 & 41 West Long Pond Road, Map 69, Lots 45A-3A & 45A-3B

Larry Rosenblum recused himself and joined the audience.

Atty. Edward Angley began the presentation for the request for a special permit to waive side setback requirements in order to construct a detached two-car garage. The site for the garage was chosen in order to preserve mature trees.

Mark Flaherty, Flaherty & Stefani, Inc. presented the site plan which showed the location for the construction of a 24’x26’ detached two-car garage with storage above as a flat section along an existing driveway. It will be necessary to remove one large pine tree and several smaller trees in order to construct the proposed garage. The architecture shown on a plan by Forniciari and Noseworthy is in keeping with the design of the existing house. The Design Review Board reviewed the proposal and is supportive.

Howard Coppari reviewed the staff report and photographs showing the existing driveway and the proposed location of the garage.

Malcolm MacGregor moved to recommend approval to the Zoning Board of Appeals subject to the following conditions:

Prior to a Building Permit being issued, Natural Heritage approval will be needed and submitted to the Director of Inspectional services.

The second floor of the garage shall not be converted to living space or used for home occupation purposes.

The vote was (4-0)

Larry Rosenblum rejoined the Board.

BOA 3526 – Kathryn Ridder

Saquish Beach, Map 132, Lots B85 and B205

Atty. Robert Betters presented the request for special permits in order to rebuild a non-conforming structure and to waive accessway requirements for property on Saquish Beach.

A previously existing cottage was destroyed by a storm in 2005. A zoning permit to rebuild was issued, but the dwelling was not constructed and the permit expired. The Town’s policy on Saquish is that, special permits to rebuild a non-conforming structure and for accessway can be applied for if there is proof that a single family structure existed previously. Design Review Board reviewed the proposal and approved the structure as proposed.

Bill Wennerberg asked if the proposed cottage is the same size as was previously permitted.

Valerie Massard stated that the proposed cottage is the same size as the structure under the permit that lapsed.

Bill Wennerberg moved to recommend approval to the Zoning Board of Appeals subject to the following condition:

The Petitioner shall provide a certificate of elevation of the first floor living area to the Town Conservation Commission and Building Inspector prior to issuance of a Building Permit or Certificate of Occupancy, whichever is the preference of the Building Inspector and Conservation Commission.

The vote was unanimous (5-0).

Public Hearing (cont. from 2/2, 3/16 & 3/30)

B515 – Nestle Down

Atty. Robert Betters responded to issues raised during public comment at prior public hearings: the lot numbers on the plans have been corrected; the request for a waiver regarding street trees has been withdrawn; an agreement has been reached with Mr. Prince regarding the relocation of his driveway; only single family homes will be constructed; the petitioner will meet with the Planning Department to discuss construction options that will minimize the removal of mature trees; and the request for waivers has been modified to include only those waivers sought under the modification (all waivers granted during the original approval of the subdivision are still in effect). The waivers requested for the proposed modification are as follows: reducing the roadway pavement to 20 ft. instead of 26 ft., 227659155227659162constructing227659155ehawthorne227659162ehawthorne one sidewalk of bituminous material rather than concrete; and that the roadway remain centered in the layout instead of offset (as originally approved); installing Cape Cod berm in lieu of granite curbing except where LID stormwater management is considered; and 2:1 slopes instead of 3:1 in order to reduce impacts to existing vegetation, with suitable planting and stabilization. The original subdivision was approved in 2005 and there were two appeals. In one case Land Court reviewed safety, water, and traffic issues in which a ruling in favor of the developer was entered and the second case was dismissed. Atty. Betters read part of the ruling regarding the Scambos right of way to the beach that is used by an abutter as a driveway. The Land Court ruling acknowledged that the Scambos right of way has been in existence since 1939 and that any lots in the subdivision that are created on the former Scambos property will retain that right of way. Atty. Betters noted that the use of the right of way is a private property issue, not a zoning issue.

Valerie Massard noted that the Board received a copy of the signed plan regarding the relocation of the Prince driveway in their handouts. Ms. Massard recommended that the Board approve the modification and waivers for the subdivision subject to the following draft conditions:

All prior conditions remain in full force and effect, unless otherwise noted below.

Conditions of granting of waivers from the Subdivision Rules and Regulations:

Section 307 Street Classification and Width.

Plowing of the emergency access area is suggested as a required maintenance item for the homeowners association as a condition of the waiver.
The turning radius of the proposed cul-de-sac will require an overlay analysis for approval by the Fire Chief prior to endorsement of the plans.

Section 406 Curbing. Waiver of granite curbing to allow Cape Cod berm is granted with the exceptions of: granite drop inlets for catch basins with sloping granite tie-ins to Cape Cod berm; entrance radii; and slopes exceeding 6% within the subdivision roadway, conditional on:

Technical concerns of Beals & Thomas (the Town’s consulting engineer) and DPW shall be addressed to the satisfaction of the Planning Board prior to endorsement of the plans.

Section 408 Slopes & Walls. 2:1 instead of 3:1 slopes are allowed, as shown on the plans, to reduce impacts to existing vegetation, with the following condition:

A planting and stabilization plan shall be filed for review and approval by the Planning Board prior to issuance of a Building Permit.
Prior to major site work, the Applicant and its contractor shall meet with the Planning Department to discuss construction options that will minimize removal of mature trees. Such meeting shall include flagging of mature trees to be preserved and staking of the road centerline by the Applicant, and a site walk to inspect the proposed centerline with respect to the flagged trees.

Prior to endorsement of the Plans, the Applicant shall provide verification to the Planning Board of payment of the back taxes, interest and fees (if any) owed to the Town for the property.

Prior to endorsement of the Plans, Plans shall be revised to:

Address the issues raised in the advisory reports of the Town Engineer, Conservation Planner, Fire Chief and Beals & Thomas noted herein, and as noted in the waivers above, to the satisfaction of the Planning Board;
Incorporate corrected lot numbering with respect to lotting sheets;
Incorporate a proposed sign at the Scambos pedestrian easement, which shall include caution that there may be vehicles using the easement, subject to approval by the Planning Board;
Reflect the relocation of the driveway of Mr. Prince which provides access to Mr. Prince’s property at 101 Manomet Point Road, with the proposed fencing and landscaping details, as shown Schematic hand-delivered March 31, 2009 showing proposed landscaping and relocation of driveway of Prince on adjacent property, initialed by Prince and prepared by Land Management Systems, Inc.; and
A note shall be added on the plan stating that the Applicant has agreed to waive his/her right to any further residential development of the subject property that results in a more intense or dense use, regardless of any local, state or federal criteria to the contrary, pursuant to the provisions of Massachusetts General Laws.

Prior to issuance of a Building Permit:

The Applicant shall provide to the Planning Board a planting and stabilization plan which shall specify quantity, species and size of plantings for 2:1 slopes where shown, subject to peer review, and include a detail for address markers subject to final approval by the Planning Board.
Four (4) sets of full size copies of all drawings comprising the definitive plan with one complete set of reproducible plans (mylars) will be delivered to the Planning Board and one (1) electronic copy of the plans shall be delivered in a format acceptable to the Town Engineer.
Evidence that the following have been recorded with the Plymouth County Registry of Deeds shall be provided to the Planning Board:

The plans will be revised to detail the Conditions of the approval and this will be recorded at the Registry of Deeds, or the Decision will be recorded with the plans;
The instrument creating the homeowner’s trust or association, with the plowing of the emergency access easement as noted above under waivers, approved as to form by Town 227389991Counsel227389991vmassard;
This Special Permit Decision;
A copy of the recorded easement which provides relocated access to Mr. Prince to provide access to Mr. Prince’s property at 101 Manomet Point Road; and
The Applicant’s Land as approved is for no more than fourteen (14) single-family residential units. The Applicant shall impose Protective Covenants and Restrictions or Deed Restrictions on the lots within the Applicant’s Land, in a form acceptable to Town Counsel, which shall state that the Applicant has agreed to waive his/her right to any further residential development of the subject property that results in a more intense or dense use, regardless of any local, state or federal criteria to the contrary, pursuant to the provisions of Massachusetts General Laws.

Malcolm MacGregor noted that the requested waivers will minimize the hard structure and disturbance of vegetation.

Larry Rosenblum and Bill Wennerberg encouraged the petitioner to work with the neighbors to reach a compromise regarding their concerns.

Marc Garrett asked if the restrictive language for the deeds included both the Scambos deeds and other deeds.

Ms. Massard replied that the restrictive language referred to the Scambos lots and the remaining property has a separate pedestrian easement to the beach. Language could be added to the conditions to add restrictive language for the other properties.

Atty. Betters stated that the previous discussion was to include the restrictive language to the Homeowners Association documents that would define which lots had which rights.

Michael Packard, Alfred LaRue, Joan Lamond, Arianna Packard, Bob Murphy, John Gambill, and Daniel Carvalho spoke in opposition to the proposed modifications. Their concerns included the safety of pedestrians using the right of way to the beach, the impact the septic systems would have on nearby wells, the access for emergency vehicles, the durability of bituminous sidewalks with Cape Cod berms vs. granite and concrete, and the steeper slope may cause run off and erosion.

Malcolm MacGregor moved for the Board to close the pubic hearing and approve the modifications and requested waivers for the subdivision.

Mr. Garrett noted that he would support the modification and waivers with the exception of the waiver for the materials to be used for the curbing.

Mr. Rosenblum asked whether the proponent would make any changes to the petition based on the concerns of the neighbors.

Mr. MacGregor agreed to delay action on the motion for a reply to Mr. Rosenblum’s question.

Atty. Betters replied that the petition has not changed.

Malcolm MacGregor amended his motion to approve the modification of the definitive subdivision and waivers with the exception of the waiver for Cape Cod berm (granite curbing will be required and concrete will be required for the sidewalk) subject to the following conditions:

All prior conditions set forth in the Decision remain in full force and effect, unless otherwise noted below.

The development is limited to only single-family homes. No two-family homes will be constructed within the subdivision. No more than fourteen (14) single-family residences shall be constructed (in total) on the property subject to this approval. The Applicant agrees to waive its right to further subdivide the subject property shown on the Plans. The term "subdivided" shall include the process of division of the lots into parcels by means of a plan not requiring approval under the subdivision control law. Notwithstanding this provision, the Planning Board may endorse the relocation of any lot lines when consistent with the intent and purpose of this Decision.

Prior to endorsement of the Plans, the Applicant shall provide verification to the Planning Board of payment of the back taxes, interest and fees (if any) owed to the Town for the property.

Prior to endorsement of the Plans, Plans shall be revised to:

Show granite curbing and concrete sidewalk, and address peer review comments, including those of the Town Engineer, to the satisfaction of the Planning Board on the plans as necessary;
Incorporate corrected lot numbering with respect to lotting sheets;
Incorporate a proposed sign at the Scambos pedestrian easement, which shall include caution that there may be vehicles using the easement, subject to approval by the Planning Board;
Reflect the relocation of the driveway which provides access to Mr. Prince’s property at 101 Manomet Point Road, with the proposed fencing and landscaping details, as shown on the Schematic Plan; and
The Applicant has agreed to waive his/her right to any further residential development of the subject property that results in a more intense or dense use, regardless of any local, state or federal criteria to the contrary, pursuant to the provisions of Massachusetts General Laws. A note shall be added to the Plans stating the same.

Prior to issuance of a Building Permit:

The Applicant shall provide to the Planning Board a planting and stabilization plan which shall specify quantity, species and size of plantings for 2:1 slopes where shown, subject to peer review, and include a detail for address markers subject to final approval by the Planning Board.
Four (4) sets of full size copies of all drawings comprising the Plans with one complete set of reproducible plans (mylars) will be delivered to the Planning Board and one (1) electronic copy of the plans shall be delivered in a format acceptable to the Town Engineer.
Evidence that the following have been recorded with the Plymouth County Registry of Deeds shall be provided to the Planning Board:

The Plans will be revised to detail the Conditions of the approval and this will be recorded at the Registry of Deeds, or the Decision will be recorded with the Plans;
This Special Permit Decision;
A copy of the recorded easement which provides relocated access to Mr. Prince’s property at 101 Manomet Point Road; and
The Applicant agrees to include in the homeowner’s association document associated with the Definitive Subdivision and in the proposed deeds for the lots within the subdivision provisions mutually acceptable to the Applicant and Planning Staff limiting use of the pedestrian easement over the abutting property of Packard to the owners of lots within the so-called Scambos portion of the project.

Paul McAlduff moved to amend the motion to require pervious pavers and Cape Cod Berm for the sidewalk; the vote was (1-4) with only Mr. McAlduff in favor of the amendment.

The vote on Mr. MacGregor’s amended motion to approve the modification and waivers with the exception of the waiver for Cape Cod berm (granite curbing and concrete will be required for the sidewalk) was (3-2) with Paul McAlduff and Bill Wennerberg in opposition.

Paul McAlduff moved to modify the Special Permit for Adequate Facilities subject to the following conditions:

All prior conditions set forth in the Decision remain in full force and effect, unless otherwise noted below.

Prior to endorsement of the Plans, the Applicant shall provide verification to the Planning Board of payment of the back taxes, interest and fees (if any) owed to the Town for the property.

Prior to endorsement of the Plans, Plans shall be revised to:

Address peer review comments, including those of the Town Engineer, to the satisfaction of the Planning Board on the plans as necessary;
Incorporate corrected lot numbering with respect to lotting sheets;
Incorporate a proposed sign at the Scambos pedestrian easement, which shall include caution that there may be vehicles using the easement, subject to approval by the Planning Board;
Reflect the relocation of the driveway which provides access to Mr. Prince’s property at 101 Manomet Point Road, with the proposed fencing and landscaping details, as shown on the Schematic Plan; and
The Applicant has agreed to waive his/her right to any further residential development of the subject property that results in a more intense or dense use, regardless of any local, state or federal criteria to the contrary, pursuant to the provisions of Massachusetts General Laws. A note shall be added to the Plans stating the same.

Prior to issuance of a Building Permit:

The Applicant shall provide to the Planning Board a planting and stabilization plan which shall specify quantity, species and size of plantings for 2:1 slopes where shown, subject to peer review, and include a detail for address markers subject to final approval by the Planning Board.
Four (4) sets of full size copies of all drawings comprising the Plans with one complete set of reproducible plans (mylars) will be delivered to the Planning Board and one (1) electronic copy of the plans shall be delivered in a format acceptable to the Town Engineer.
Evidence that the following have been recorded with the Plymouth County Registry of Deeds shall be provided to the Planning Board:

The Plans will be revised to detail the Conditions of the approval and this will be recorded at the Registry of Deeds, or the Decision will be recorded with the Plans;
This Special Permit Decision;
A copy of the recorded easement which provides relocated access to Mr. Prince’s property at 101 Manomet Point Road; and
The Applicant agrees to include in the homeowner’s association document associated with the Definitive Subdivision and in the proposed deeds for the lots within the subdivision provisions mutually acceptable to the Applicant and Planning Staff limiting use of the pedestrian easement over the abutting property of Packard to the owners of lots within the so-called Scambos portion of the project.

The vote was unanimous (5-0).

The Board took a five-minute recess.

Public Hearing

B556 – Plymouth Rock Studio (PRS) Master Plan

Marc Garrett read the public hearing notice and opened the public hearing.

Lee Hartmann noted that this is the first public hearing for review of the site plan and master plan for Plymouth Rock Studios. Tonight the Studio is seeking approval of the master plan and other requirements such as noise, traffic, make up of the committee that is required under the MEPOD bylaw. During the pre-filing on March 9^th the Board reviewed information similar to what will be presented tonight. In looking at the master plan, the Board should identify general parameters for moving forward with the individual phases. To date, Staff has drafted ten pages of conditions as related to traffic and will be working to incorporate additional conditions as we move forward. There are three conditions in regards to the MOU that have been outlined in the staff report. The three conditions are as follows:

Prior to the initiation of site work, a finding shall be made by the Board of Selectmen that they are satisfied with Plymouth Rock Studios, LLC compliance to date with the provisions and conditions of the MOU.

Prior to the issuance of building permits, a finding shall be made by the Board of Selectmen that they are satisfied with Plymouth Rock Studios, LLC compliance to date with the provisions and conditions of the MOU.

Prior to the issuance of any occupancy permits, a finding shall be made by the Board of Selectmen that they are satisfied with Plymouth Rock Studios, LLC compliance to date with the provisions and conditions of the MOU.

In addition, Mr. Hartmann noted that the Town has retained three consultants to review the project: Vanasse & Associates has provided the traffic analysis; Beals & Thomas Inc. is providing the site and stormwater analysis; and Km Chng Environmental Inc. will provide an analysis of the noise study that has been submitted. A waiver has been requested for a security gate that will be located within the buffer area off Campus Drive and the Studio has submitted a draft for the make up of the citizens committee. Staff is recommending that the committee be created outside the confines of Town government, as a link between the community and the Studio and be run privately by the Studio.

Bill Wynne introduced the team for Plymouth Rock Studios: Atty. Edward Angley, Steve Newbold and Alex from Gensler and Ken Caputo from Coler and Colantonio.

Atty. Edward Angley informed the Board that the master site plan is being submitted for approval separate from the Phase One site plan. Discussions are ongoing with the peer reviewer consultants and the Planning Department. A full landscape plan has not been submitted yet and the noise review has not been completed.

Steve Newbold, Gensler, presented the master site plan overview for Plymouth Rock Studios. He stated that the master site plan is in compliance with the MEPOD bylaw and the Design Standards for the MEPOD. The studio production campus will consist of an estimated building area of 1,077,300 sq. ft., the amenities campus would have an estimated 524,000 sq. ft., and the education & research campus would have an estimated 179,000 sq. ft. Excluded from the square foot calculations are the parking garages for each campus for a total of approximately 811,800 sq. ft. Mr. Newbold presented visuals of the existing conditions on the site, the proposed buffers, setbacks and screens, proposed building locations, and defined landscape areas. The development zones have been divided as follows; DZ1 – studios and hilltop; DZ2 – amenities campus; DZ3 - the education/research campus. The building locations, public and private areas, vehicular circulation, non-vehicular shared use circulation, and parking were also presented.

Ken Caputo presented the site grading plan; the topographical plan, the site water and sewer lines, and the infiltration/retention system plan.

Mr. Newbold reviewed the site cross sections for the site; the visual screening program, low impact development site features, and an overview of the sustainability strategies. A three dimensional model showing what it would be like to drive through the site was presented.

Malcolm MacGregor asked how power would be provided to the site and whether NStar will have to add a structure on Long Pond Road. Mr. MacGregor also asked about nitrogen and phosphate loads going to the sewer plant.

Mr. Newbold stated that NStar will provide electric service from two substations and the project will utilize photo-voltaic panels on the roofs of some structures and some co-generation on the site using combined heat and power generation using natural gas to create power and use the heat that comes off of that process to heat some of the buildings. The electric lines will be run underground from the Jordan Road substation to the site with a secondary means run underground from the substation off Long Pond Road. NStar will install transformers on site for the amenity campus and the education campus from a customer service station that will connect to the main plant in the studio campus.

Mr. Caputo stated that as part of the EIR process, a full study is being conducted that will address the nitrogen and phosphate loading. By potentially eliminating Title 5 systems in the area, there could be a 71% reduction of loading. The land use change from golf course to the studio will also lower the nitrogen levels because less fertilization will be required.

Mr. Malcolm asked if there will be a presentation on the reductions and whether LEED certification is still being pursued.

Mr. Wynne stated that UMass, Dartmouth is compiling the study and the studio has delayed submission of the EIR by two weeks, so they can review all the options regarding wastewater treatment.

Mr. Newbold stated that the studio is pursuing the highest possible level of LEED certification.

Larry Rosenblum noted that the goal would be to discourage a sewer line along Long Pond Road to Camelot Park. Mr. Rosenblum questioned the balance of structured parking vs. surface parking and whether there would be any connection between the office buildings and the structured parking. He also asked the seating capacity of the theater.

Mr. Newbold replied that the balance was created by putting the structured parking where there is the highest density of users. In the hilltop area, the office buildings connect underground to parking structures. The studio parking garage is set into the ground and is an open air structure. The garage for the education campus is not connected and the garage in the amenities campus is between the hotel and the largest retail structure. The seating capacity of the theater is 600. There is no dedicated parking for the theater because it will be used mostly in the evenings. Therefore, adjacent parking garages/lots will be used.

Mr. Hartmann stated that the Studio and staff are looking for additional direction from the Board before drafting additional conditions.

Atty. Angley noted that the Board received a filing memorandum from PRS of all the documents filed and a narrative on compliance with the MEPOD and MOU. He asked for input on the Plymouth & Brockton draft transportation plan.

Mr. Newbold stated that PRS is asking for a waiver for the manned security booth located closest to the school property. The booth would be located within the 150 ft. buffer at 125 ft. from the property line.

Public Comment:

Mark Stevens asked how many stories the hotel would be.

Mr. Newbold replied that the hotel would be three stories for a maximum of 45 ft.

Mr. Rosenblum recommended that the citizen advisory committee be established and monitored by the Town as the impacts may be beyond a small group of people and the purpose of the government is to represent all the people.

Paul McAlduff suggested that the citizen advisory committee should be a non-town committee as the issues with noise and traffic will impact the abutting neighborhoods.

Mr. Hartmann noted that the committee is a vehicle between property owners and is for the neighborhood to know what is going on during construction and operation.

Mr. Wynne stated that the Studio asked for a representative from Pinehills, the School, Crosswinds, and two abutters from the surrounding neighborhoods to insure that those around the Studio have a voice and fair representation. The Planning Board and Building Department would be step in with regards to the zoning requirements, design guidelines, etc.

Kevin O’Reilly, PRS, read the language from the MEPOD bylaw regarding the proposed citizen advisory committee as follows:

In order to ensure that any unanticipated impacts of the Development Project, or any operational issues or any other community concerns can be effectively communicated to the applicant, and that the applicant has a mechanism to communicate with its neighbors, and that issues of concern can be shared in an appropriate, informal forum, a Citizens Advisory Committee shall be established for the proposed MEPOD zoning bylaw by the Planning Board.

Marc Garrett suggested that there has to be a balance. There is a necessity for the group within the neighborhoods to be represented on the committee, but a project this large could warrant a citizen-at-large from further afield and some Town representation.

Mr. O’Reilly noted that the Town Manager has the ability to appoint a member to the committee from within the community.

Mr. Hartmann recommended that the committee have five or seven members.

Mr. Rosenblum suggested that the distribution of the committee needs to be identified, the terms need to be defined, and members should be appointed through a public process.

Paul McAlduff moved to continue the public hearing to May 4, 2009 at 7:15 pm; the vote was unanimous (5-0).

Larry Rosenblum moved to adjourn at 10:45 pm; the vote was unanimous (5-0).

Respectfully Submitted,

Eileen M. Hawthorne Approved: May 4, 2009

Administrative Assistant