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Planning Board Minutes July 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, Larry Rosenblum, and Bill Wennerberg
Planning Board Alternate: Timothy Grandy
Staff Members: Lee Hartmann and Valerie Massard
Recording Secretary: Eileen Hawthorne

Administrative Notes:

Minutes:
        June 15, 2009
        June 22, 2009
Malcolm MacGregor moved to approve the minutes of June 15, 2009 and June 22, 2009 as presented; the vote was unanimous (4-0).

Bill Wennerberg recused himself from taking action on the following matter.

B437 - Pinehills LLC – Painted Cottage Lot Release
Malcolm MacGregor moved for the Board to release the following lots in the Pinehills’ Painted Cottage neighborhood: 10-474, 10-466, 10-467, 10-468, 10-469, 10-470, 10-471, 10-472 and 10-473; the vote was (3-0-1) with Bill Wennerberg in abstention.

Appointment     
        B545 – Glen Avenue – Compliance with Condition of Approval
Atty. Robert Betters presented the proposed landscaping, architectural design, façade treatments, exterior building materials, and fencing delineating the open space.  The plans meet the condition of approval (5C) for the B545 – Glen Avenue subdivision.  
Malcolm MacGregor moved for the Board to approve the site plan and architectural details for 29R Glen Avenue with respect to demonstrating compliance with condition of approval (5c) which reads:
Landscaping and architectural design and façade treatments, and exterior building materials for the proposed new dwelling unit and for the fence delineating the open space limit (which shall be unobtrusive in appearance, shall be provided, subject to final approval by the Planning Board.  
The vote was unanimous (4-0).  

Appointment
        B530 - Waterhouse Properties/Cherry Street Corridor – Project Status
Valerie Massard reviewed the location on the Kingston/Plymouth line of the proposed connector road (Prestige Way) between William C Gould Way in Kingston and Cherry Street in Plymouth.  A hotel and three automobile dealerships were proposed for the site.  Two gravel removal permits were issued and the gravel has been removed.  The site is cleared of all vegetation, drainage has been installed and sealed, the road is partially completed and snow fencing has been installed.  A washout over the winter was repaired.  In December, Kingston refused to allow access to the site through William C Gould Way and the road construction was halted.  There is concern regarding the exposed sandy soil adjacent to Route 3.  The Board of Appeals special permits for gravel removal are under the purview of the Building Commissioner.  Performance bonds were submitted for the gravel removal, one of which has expired.  Staff has asked for an update on the status of the gravel removal and subdivision and when the stabilization will take place.  
Atty. Jeffrey Angley, representing Waterhouse Properties LLC one of the joint developers of the project, stated that the project has come to a halt because the Town of Kingston has refused to allow the developers to complete the 70 ft. connection from Prestige Way to William C Gould Way.   When the subdivision was originally applied for the Town of Kingston objected to the plan unless there was a connector road to Plymouth, therefore, Prestige Way was designed and partially built.  Currently the developer and the Town of Kingston are in litigation with a pending hearing scheduled for September.   
Malcolm MacGregor stated that the site needs to be re-vegetated if it is not going to be developed at this time.  Mr. MacGregor suggested covering the site with grass until the litigation is settled.   
Bill Wennerberg asked who is responsible for the stabilization of the site.
Atty. Angley replied that each of the owners has the responsibility for the stabilization of their site.  
Valerie Massard noted that both owners share the responsibility for the stabilization of the area along the highway.  
Mr. Wennerberg suggested that the site should be loamed and seeded and that a timeline should be set by the Board.  
Thomas Ford, Plymouth Conifer Realty Trust, asked that the Board allow adequate time to reseed.  
Malcolm MacGregor moved for the Board to schedule an update on August 10, 2009 with the expectation that a stockade fence has been installed along the portion of the site adjacent to Route 3 and that the loaming and hydro-seeding has commenced.  
Mr. Wennerberg suggested that there be a minimum of 3-4 inches of loam and seeding with Mass Highway mix.  He also suggested that the re-vegetation should be done by September 15, 2009.   
Marc Garrett felt that a stockade fence would be permanent in nature and suggested installing a snow fence instead.   He was supportive of the loaming and seeding.  
Mr. MacGregor amended his motion to reflect installation of a snow fence along the easterly portion of the site and the installation of 3-4 inches of loam with Mass Highway mix used for seeding completed by September 15, 2009.  If the stabilization has not been completed by September 15, 2009 the Board will begin the process of amending, modifying or rescinding the subdivision and will contact the Building Commissioner to process all relevant enforcement actions.  The original motion required that the developers on August 10, 2009 for an update on the status of the stabilization.    
The vote was unanimous (4-0).  

Discussion
        Petitioned Zoning Amendment Policy
Marc Garrett introduced the draft Petitioned Zoning Amendment Policy that staff created in response to the Board’s request to address the last minute filing of zoning petitions for Town Meeting.  
Lee Hartmann stated that a petitioner always has the right to go to Town Meeting, but the policy addresses the Planning Board’s process and timeline.  If a petitioner does not follow the procedure and timeline it may result in an unfavorable advisory recommendation to Town Meeting.   The policy encourages informal meetings with the Board prior to filing the petition and requires that the petition be complete when it is filed.  The timeline can run between 2.5 months and 4.5 months.  
Larry Rosenblum suggested changing the language to reflect that the petitioner should plan on a 4.5 month process and that the bulleted language should all be in the same tense.     
Malcolm MacGregor moved for the Board to approve and adopt the policy with changes suggested by Mr. Rosenblum; the vote was unanimous (4-0).   


Discussion
        Parking Fee Update
Lee Hartmann worked with the Plymouth Growth and Development Corporation (PGDC) to propose an alternative to the current parking fees.  The current parking fees are $6000 per space for a renovation and $8000 for new construction.  Since these rates were adopted in 2006, no payments have been made into the parking fund.  The current parking fees have discouraged developers from working in the downtown area.  The 1949 Master Plan and subsequent master plans have all identified that there is a shortage of parking in the downtown area.  The 1988 Master Plan recommended the parking fee alternative for all five village centers and the fee was adopted in the 1991 bylaw.  The Plymouth Center parking fund is the only fund that currently has a balance.  Payment into the parking fee is voluntary.  Other options include providing on-site parking or seeking a special permit for a waiver of parking.   The revised parking fees proposed by PGDC would be a tiered structure and would be as follows:
Small Commercial: Renovation - $800, New Construction - $1,000
Large Commercial: Renovation – $1,500, New Construction - $2,000  
Residential (no change): Renovation $6,000, New Construction - $8,000
Malcolm MacGregor suggested lowering the fee for residential renovations.  
The Board was supportive of lowering the residential parking fee for renovations, but did not want to lose sight of the need for a mix of development in the downtown, the need for structured parking, design guidelines for downtown, and an appropriate use for the parking funds that have been collected.  
Malcolm MacGregor moved to recommend to the Board of Selectmen that the proposed commercial fees be adopted and that the residential fees would be $1,500 for renovations and $8,000 for new construction.  The motion also included asking the Plymouth Center Steering Committee to attend a future Planning Board meeting to express their opinions of the proposed fees and to hold a joint meeting with the Board of Selectmen.   
Bill Wennerberg moved to amend the Residential – Renovation fee to $4,000; the vote was (2-2) with Larry Rosenblum and Bill Wennerberg in support.  The motion did not carry.  
The vote on the original motion was unanimous (4-0).

Other Business:                                                 
Future Liaison Updates
Marc Garrett asked each of the Board members to give an update on the committees they are involved with over the next few months.  

B437 - Pinehills LLC - Market Block
        Lot Release for Lot 10-429
Malcolm MacGregor moved for the Board to release lot 10-429 in Market Block at the Pinehills’ development; the vote was (3-0-1) with Bill Wennerberg in abstention.  

Valerie Massard presented a request to release the remaining funds ($2,500 plus accrued interest) held in the Guarantee account for work that has been completed at Zion Hills within the Ponds at Plymouth subdivision.  
Bill Wennerberg moved to release the remaining $2,500 plus accrued interest from the Guarantee account for the Ponds at Plymouth – Zion Hills; the vote was unanimous (4-0).

Malcolm MacGregor moved to adjourn at 9:25 p.m.; the vote was unanimous (4-0).

Respectfully Submitted,




Eileen M. Hawthorne                                             Approved: July 27, 2009
Administrative Assistant