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
Planning Board Alternate: Timothy Grandy
Staff Members: Valerie Massard
Recording Secretary: Eileen Hawthorne
Administrative Notes:
Minutes:
July 27, 2009
Larry Rosenblum moved to approve the minutes of July 27, 2009 as presented; the vote was unanimous (5-0).
B520 – Beaver Dam Ridge – Tri-Party Agreement Reduction $41,000.00
Paul McAlduff moved to release $41,000.00 from the Tri-Party Agreement for B520 – Beaver Dam Ridge for work completed in the subdivision; the vote was (4-0-1) with Marc Garrett in abstention.
`
B545 – Prestige Way - Status Update
Atty. Jeffrey Angley and Bill Shaw, Associated Engineers, updated the Board on the measures that were taken to stabilize the site by the owners of property located between William C. Gould Way in Kingston and Cherry Street in Plymouth. Paul McAuliffe, Building Commissioner, toured the site today and is satisfied with the work done to stabilize the site. The berms have been built with a snow fence in place; the northern slopes have been seeded and are sprouting; water trucks have been contracted to be available with a 6 hour notice for dirt suppression; the southern side slopes are vegetated with approximately 60 percent weeds; and NStar will be moving the utility poles shortly.
Larry Rosenblum asked for an update on status of businesses that were committed to development of the site and the completion of the 70 ft. from William C Gould Way to the site.
Atty. Angley explained that the contracts that were in place have either expired or the buyers withdrew in part due to the lack of dual access and the inability to complete the connector road. There is pending litigation with the Town of Kingston regarding the completion of the 70 ft. of roadway, which Kingston is not allowing the developer to construct.
Paul McAlduff asked for clarification on what will happen with the telephone poles.
Atty. Angley explained that the poles will be moved to temporary locations within the subdivision layout while the gravel is being removed then will be relocated back to the easement area. The temporary easements have been received and NStar is expected to proceed within a month.
Valerie Massard noted that a public hearing to amend, modify or rescind the subdivision is tentatively scheduled for September 14, 2009 and will be advertised unless the Board directs otherwise.
Bill Wennerberg requested that the slopes be perennial seeded.
The Board agreed to put the public hearing on hold and have the proponents return in one month on September 14, 2009 for a status report.
Bill Wennerberg recused himself from the public hearings for property within the Pinehills Development.
Public Hearing (cont. from 7/27/09) (VM)
B437 - Pinehills LLC – Ridgeview
Marc Garrett addressed the concern of the stabilization of a site on Hitching Post that the abutters raised at the previous public hearing. The site has been stabilized by regrading for positive drainage; a stone swale has been installed; siltation fence has been installed; the grass along the roadway has been mowed; and 2-4 inches of wood chips cover the site.
John Judge noted that one other issue remains. He is awaiting estimates for guard rails to be installed at the edge of the road as requested by the residents.
Paul McAlduff stated that he visited the site Friday afternoon and is pleased with the stabilization of the site.
Dennis Duckett and Robert Alpern, residents of Hitching Post, expressed their gratitude for the stabilization measures that have been taken and withdrew their objections to the proposed subdivision.
Malcolm MacGregor moved close the public hearing and to approve the Ridgeview subdivision plan; the vote was unanimous (4-0).
Public Hearing (VM)
B437 – Five Lanterns, Conifer Hill, Red Berry Modification
Marc Garrett read the public hearing notice and opened the public hearing.
John Judge presented the subdivision plan for an area that originally was intended to be a condominium development. The market for a fee simple neighborhood is more viable than the condominium market. A portion of the road has already been constructed to subdivision standards. The completed road will be approximately 1300 ft. long and is divided at approximately 700 ft. by a 20 ft. right of way for the golf course that will provide temporary emergency access. Once the roads and neighborhood are fully constructed, the subdivision road will be connected to Sacrifice Rock Road.
Valerie Massard noted that the Fire Department has provided a full sign off regarding the layout and that a note will be added to the vote about the future emergency access.
Keven Joyce asked if the neighborhood would be gated on both ends of the roadway.
Mr. Judge noted that this neighborhood will not be a gated community.
Paul McAlduff moved to close the public hearing and to approve the subdivision modification to change the Five Lanterns, Conifer Hill, Red Berry neighborhood from condominium ownership to fee simple ownership subject to the following conditions:
The modification to the approved plan is subject to all conditions listed in the approval for the Master Plan Special Permit, and the applicable Planning Board covenant with respect to this subdivision is extended for two (2) years.
As described in correspondence from Pinehills LLC to the Planning Department dated August 10, 2009, the emergency access for the Five Lanterns neighborhood is located temporarily over the golf easement shown on the definitive plans subject to this approval. Permanent emergency access shall be connected through to Sacrifice Rock Road on a future plan.
The vote was unanimous (4-0)
Public Hearing (VM)
B437 – Penick Knoll
Marc Garrett read the public hearing notice and opened the public hearing.
John Judge presented the plan to change a nine unit condominium neighborhood to a fee simple ownership neighborhood.
Marc Garrett asked if this neighborhood would be a gated community.
Mr. Judge replied that the community would be gated.
Valerie Massard noted that the road has already been paved to subdivision standards, meets the subdivision requirements, and is consistent with the master plan.
Larry Rosenblum moved to close the public hearing and approve the modification subject to the following condition:
The modification to the approved plan is subject to all conditions listed in the approval for the Master Plan Special Permit, and the applicable Planning Board covenant with respect to this subdivision is extended for two (2) years.
The vote was unanimous (4-0).
Public Hearing (LH)
Fall Town Meeting – Amend Light Industrial
Marc Garrett read the public hearing notice and opened the public hearing.
Valerie Massard explained that in order for Plymouth to be considered a “Green Community” the bylaw must have specific language that allows by-right the manufacturing of alternative energy products in the Light Industrial Zone. This zoning bylaw amendment is the last step in the qualification process. The language would read as follows:
Manufacturing, processing and assembly of renewable and alternate energy products and equipment in enclosed buildings with no greater than .25 floor area ratio.
Paul McAlduff moved to close the public hearing and recommend that Town Meeting approve adding the following language to the allowed uses under the Light Industrial section of the Zoning Bylaw:
Manufacturing, processing and assembly of renewable and alternate energy products and equipment in enclosed buildings with no greater than .25 floor area ratio.
The vote was unanimous (5-0)
BOA 3542 – Doug Friesen (VM)
7 Avenue A, Map 45A, Lot 42
Atty. Edward Angley and Doug Friesen presented the request for a special permit to rebuild, alter and enlarge a non-conforming structure; to waive front/side setbacks and a waiver with respect to destroying more than 50% of the replacement cost of the original structure in order to demolish the 2nd and a portion of the 1st story and rebuild both stories of an existing single family cottage on the existing foundation. The design is in keeping with the neighborhood and the abutting neighbors are supportive.
Valerie Massard noted that the cottage is located in the White Horse Beach neighborhood; the proponent would use the existing foundation and footprint with minor alterations. The existing structure is 0.3” over the lot line and the proponent would like to submit a plan that would hold the house off the lot line. The existing building will be brought up to current building codes and the proponent has agreed to limit the bedroom count to three.
Malcolm MacGregor asked if the lot is in a flood zone and whether the additional height will block any views.
Mr. Friesen replied that the site is not in a flood zone and the neighborhood is enclosed with trees, therefore, there will be no impact to view sheds.
Paul McAlduff moved to recommend approval to the Zoning Board of Appeals subject to the following conditions:
The Petitioner has agreed that the total bedroom count for the lot shall be no more than three (3) bedrooms, and a note to this effect shall be added to the plans.
The Petitioner has agreed that the plans shall be adjusted to pull the porch back to a 0-foot setback, removing the 0.3-inch encroachment on the layout for St. Charles Avenue. Said revised plans shall also include a locus map, scale, and location of the structures within 50 feet of the side lot lines of the subject property.
The porch/decks shall not be enclosed or converted to year-round living space without further review by the Board of Appeals.
The vote was unanimous (5-0).
BOA 3541 - Garland Nye Realty Trust (VM)
620 Head of the Bay Road, Map 129, Lot 15
Rich Tabazynski, Atlantic Design Engineers, presented a request for a special permit to erect a temporary meteorological (MET) tower and associated utilities on property located off Head of the Bay Road. The temporary 197 ft. tall MET tower would be erected for 12-18 months in order to record the wind speed, direction and temperature in the area.
Valerie Massard explained that the location of the proposed MET tower is on the Bourne/Plymouth town line and although the tower is shown as only 10 ft. off the lot line, the petitioner owns the abutting property. Ms. Massard noted that no comments have been received from Plymouth Airport.
Malcolm MacGregor requested that he data collected be made available to the Town and the public.
Tim Grandy requested that the Cedarville Steering Committee be given an opportunity to review the project and provide comment to the Zoning Board of Appeals.
Marc Garrett suggested continuing the Board’s review to August 24 to allow the Cedarville Steering Committee and opportunity to comment or for the Board to allow the Steering Committee to make a recommendation directly to the Zoning Board of Appeals. Mr. Garrett also suggested adding a condition that would require a 200 ft. fall zone for this tower if the abutting property were to be sold.
Paul McAlduff moved for the Board to recommend approval to the Zoning Board of Appeals subject to the following conditions:
The plan note (Note #6) shall be revised to reflect the current FIRM panel maps; those referenced on the plans are out of date.
There shall be a 200-foot-radius ‘fall zone’ delineated from the base of the MET tower, to be held while the tower is in place; which shall be maintained in the event that the abutting property is to be conveyed to another party prior to the MET tower’s removal. Once the MET tower is removed, the fall zone is no longer necessary.
The tower shall not be installed until:
- Appropriate written evidence satisfactory to the Building Inspector has been provided by the Petitioner that all appropriate permits have been received (or are not required) for the following:
- Federal Aviation Administration “no hazard” determination, and
- A recommendation from the Plymouth Airport Commission is provided to the Board of Appeals, and the recommendations of the Plymouth Airport Commission shall have been determined to be met to the satisfaction of the Board of Appeals.
The proposed tower shall be dismantled within eighteen (18) months from the date of erection.
The tower shall be lit with only low intensity red lighting and should be used during nighttime hours, consistent with FAA guidelines and the Bylaw, whether or not the FAA requires lighting, based on recommendations of the Plymouth Airport Commission under BOA 3506 unless otherwise recommended by the Plymouth Airport Commission.
The data, raw and otherwise, collected from the installation of the MET tower subject to this special permit shall be provided to the Town of Plymouth Planning Department and the Town of Plymouth Energy Committee within six (6) months of the removal of the MET tower.
The vote was unanimous (5-0).
BOA 3543 – Cousins Realty LLC (VM)
430 Court Street, Map 1, Lot 22B-4
Atty. Eugene Blanchard presented a request for a special permit in order to open a fitness center in the former Stop and Shop building on the Kingston/Plymouth Line.
Valerie Massard requested information regarding the existing tenants in the building.
Atty. Blanchard replied that there are four tenants: the Habilitation Center, Mormon Church, Manomet School of Dance, and the proposed tenant.
Ms. Massard noted that the Fire Department has requested that the tenant information be provided to update the 911 information and hat the fire alarms and sprinkler systems be integrated with the other tenant space devices and systems to meet current code requirements. Ms. Massard also noted the proposed fitness center fits in with the zoning bylaw for the area and the open space and recreation plan and could benefit the proposed renovations to Cordage Park. There is adequate parking and there are no proposed changes to the parking lot.
Malcolm MacGregor suggested removing a portion of the pavement and adding some vegetated areas.
Valerie Massard suggested adding to the recommendation that the Zoning Board of Appeals should discuss landscaping of the building and adding vegetation to the parking lot.
Marc Garrett noted that the North Plymouth Steering Committee has not had an opportunity to comment and suggested that the Board allow the Steering Committee to comment directly to the Zoning Board of Appeals.
Malcolm MacGregor moved for the Board to allow the comments of the North Plymouth Steering Committee to be submitted directly to the Zoning Board of Appeals and to recommend approval of the petition to the Zoning Board of Appeals subject to the following conditions:
The Petitioner must conform to all required Local, State and Federal Regulations prior to the issuance of an Occupancy Permit, and shall meet the requirements of the Fire Chief as stated in the advisory report. The Petitioner is further encouraged, but not required, to bring the entire building up to current Fire Code standards, if needed (the entire building was renovated in the past 5 years, according to the Petitioner’s representative).
Any new signage will comply with the Bylaw, or additional permits will be required.
The vote was unanimous (5-0).
Other Business:
Plymouth/Kingston draft MOU and ETA expansion proposal
Marc Garrett informed the Board that he participated in a joint meeting with the Board of Selectmen, Kingston Board of Selectmen, the Town Administrators of Plymouth and Kingston, and the Kingston Town Planner. There was a general consensus to move forward with the reviewing the agreement by all parties. Mr. Garrett explained the documents in the Board’s packets regarding adding the towns of Kingston and Plympton to Plymouth’s state designation as an Economic Target Area. He requested that the Board review the discussion memo, the draft ETA Expansion Proposal, the draft MOU, and the Economic Foundation’s recommendation then submit their comments a few days prior to the August 24th meeting.
Larry Rosenblum felt the MOU did not provide enough protections for the Town and puts the Town at risk. He stated that the Advisory and Finance Committee and the public should have an opportunity to comment. He also stated that a mechanism should be created for regional planning.
Malcolm MacGregor suggested that there should be a joint master plan for the whole area of Kingston, Plymouth, and Plympton.
Marc Garrett agreed that there should be regional planning for the area.
Paul McAlduff stated that the Kingston Mall is looking to expand by building a multiplex cinema which would be a high traffic generator. He felt that the Old Colony Planning Council should be involved with the process.
Marc Garrett stated that the Board can make recommendations to the Board of Selectmen. He suggested that the Board review the documents and give comments to staff relative to the deficiencies or adequacies so the comments can be organized into the agenda packets in preparation for the Board’s discussion of the recommendations on August 24, 2009.
Paul McAlduff moved to adjourn at 9:30 p.m.; the vote was unanimous (5-0).
Respectfully Submitted,
Eileen M. Hawthorne Approved: August 24, 2009
Administrative Assistant
| 
