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
Administrative Notes:
Minutes:
The Board approved the minutes of August 10, 2009 as presented.
Form A’s:
A4340 – Partylite Worldwide and Partylite Gifts, 59 Armstrong Rd, Map 101, Lots 40-1 (16.25A), 43G (3.45A) and 54 (3.39A) – Lot Line Adjustment to create lots 43H (4.82A) and 40-4 (18.22A)
A4341 – Nathan & Samuel Budoff/RRF Realty Trust, Fuller Farm Road, Map 88, Lots 19-1, 20 and 21 – Lot Line Adjustment to create lots 20-1 (56160 sf) and 19-2 (9.04A)
The Board moved for the clerk to sign A4340 and A4341.
The Board moved to recommended approval to the Zoning Board of Appeals of BOA 3544 – Diane Smith, 119 White Horse Road, Map 45A, Lot 20, for a special permit to change from one non-conforming use to another in order to convert a retail use (toy store) to another retail use (wine and cheese store): the vote was unanimous (4-0)
Cedarville Master Plan (VM)
Final Recommendation to Town Meeting
The Board voted to recommend approval of the updated Cedarville Master Plan to Town Meeting.
Bill Wennerberg moved to approve the Administrative Notes with the exception of Pinehills; the vote was unanimous (4-0)
Bill Wennerberg recused himself from voting on the Pinehills LLC request for a confirmatory lot release.
Paul McAlduff moved for the Board to endorse the Confirmatory Lot Release for lots 11-174, 11-175, 11-176, 11-179 and 11-180 in the Ryecroft neighborhood of B437 – Pinehills LLC; the vote was (3-0-1) with Bill Wennerberg in abstention.
Public Hearing
B437 - Pinehills LLC – Hickorywood
Marc Garrett read the public hearing notice and opened the public hearing.
Bill Wennerberg recused himself from this public hearing and joined the audience.
John Judge, Pinehills LLC, presented a modification to the previously approved eighteen home subdivision known as Hickorywood. Six existing homes were constructed by one developer with the remaining twelve homes to be constructed by a different developer, Barefoot Cottage Homes. The plan shows an extension to the roadway, a slight readjustment to the road, and lot line adjustments between some of the building lots.
Valerie Massard noted that some of the adjustments were made in order to preserve trees and views.
Paul McAlduff moved to close the public hearing and approve the modified subdivision with the changes presented; the vote was unanimous (3-0).
Bill Wennerberg rejoined the Board.
Public Hearing
Fall Town Meeting – Rezone Map 89, Lots 13 and 48
Marc Garrett read the public hearing notice and opened the public hearing.
Atty. Edward Angley presented the petition for the rezoning of Lots 13 and 48 on Map 89 from Rural Residential (RR) to Highway Commercial (HC). The Board originally reviewed and conditionally supported the petition on May 4, 2009 with a special permit review process and a Memorandum of Understanding (MOU) covering traffic mitigation. An acceptable MOU was not agreed upon, therefore, on May 18, 2009 the Board voted unanimously to recommend that Town Meeting not approve the petition to rezone this property. The current petition requires a special permit for retail developments over 10,000 sq. ft. and includes the MOU covering traffic mitigation.
Lee Hartmann noted that in addition to the MOU and the special permit process, the petition includes a provision for the petitioner to deed a 4.93 acre parcel of land to the Town of Plymouth for protection of the Lout Pond Well site. The proposed changes to the bylaw with a slight modification to clarify the language are as follows:
Under Section 205-56, Highway Commercial,
C. Allowed Uses. Add after “major street” the language “or provided uses occupy less than 10,000 sq. ft. of ground floor area:” after
D. Special Permit Uses. Add: (6) All uses authorized in Subsection C above which have more than 10,000 square feet of ground floor area.
Atty. Angley stated that he is in agreement with the changes as presented.
Larry Rosenblum expressed his concerns that the petitioner should apply to the Zoning Board of Appeals to have a buffer zone between the commercial area and the residential area that was required in a ZBA special permit released and that more than one building less than 10,000 sq. ft. should require a special permit.
Mr. Hartmann explained that in order to have more than one 10,000 sq. ft. building, the property would have to be subdivided into lots that conform with zoning.
Tim Grandy asked if there would be any monitoring of the water quality of the Lout Pond well site.
Mr. Hartmann stated that the Town would be responsible for any monitoring of water quality. He also noted that the MOU has language requested by DPW regarding the protection of the well.
Atty. Lee Alfieri, representing Barry Tassinari, stated that his client has no objection as long as the rezoning does not affect the ability to develop his lot.
Larry Rosenblum moved for the Board to recommend approval of the proposed zoning change with a condition that the petitioner apply to the ZBA to have the buffer restriction released.
Mr. Hartmann noted that they are two independent issues. The petition for the zoning change could be approved at Town Meeting and the original permit may still require modification to release the buffer restriction.
Mr. Rosenblum withdrew his motion.
Paul McAlduff moved for the Board to recommend approval to Town Meeting of the proposed zoning change to Lots 13 and 48 on Map 89 with the language amended by staff as stated above and subject to the Board of Selectmen accepting and executing the MOU; the vote was unanimous (4-0).
Presentation – Plymouth Rock Studios (PRS)
Noise Review
Brad Soule, PRS, began the presentation regarding approval for condition #12 in the MEPOD Master Plan vote that required PRS to provide noise information for peer review and approval for consistency with the MEPOD Bylaw.
Mark Wallace, Tech Environmental, stated that the noise modeling analysis was completed, noise impacts were assessed and proposed sound mitigations were considered. Also, a revised analysis was completed on the plans that reflect the changes to the earthen berm along Long Pond Road. Both studies show a noise increase of 1-2 dba during the daytime hours and 2-5 dba during the nighttime hours.
Lee Hartmann noted that once the noise study was completed, the Town had it peer reviewed. The peer review found that the study complies with the noise standards and the MEPOD bylaw. Mr. Hartmann recommended that the Board notify the Building Commissioner that condition #12 has been met provided that noise monitoring is required for the first eight outdoor special events, additional monitoring for events significantly larger than the eight monitored events, and compliance with provision 205-76 (H)(c) of the MEPOD Zoning Bylaw must be documented.
Keven Joyce commented that the noise is of concern to residents and asked how much would the normal noise of the area be increased.
Mr. Wallace replied that the noise levels that would occur at the studio would be similar to the high school marching band, but there is a distinct sound difference.
Joseph DeSilva, 11 Bowsprit Lane, expressed his concerns regarding the noise with the changes to the berm that was originally designed as a long continuous berm that would cover approximately 75 percent of the structures on the site and is now proposed with a reduction in massing.
Mr. Wallace stated that the revised berms were factored into the noise analysis and will reduce the noise by approximately 15 decibels when everything is operating at peak capacity.
Mr. Hartmann noted that the revised berms have been reviewed by both consultants and determined that they are adequate, but the Board has reserved the right to revisit the berm if necessary.
Richard Letty from KM Chng Environmental Inc., the Town’s consultant, confirmed that given the height of the berm, the noise would be reduced between 12-15 db. Mr. Letty stated that the height of the berm should screen adequately the distance between the noise source and the receptor and will provide mitigation for the ground level noise.
Mr. DeSilva expressed his concern with the ability for ten events to be held concurrently on the back lot and the noise that will be generated will impact the surrounding neighborhoods.
Mr. Hartmann noted that the first eight events and any larger events will be monitored and if the noise level does not comply with the MEPOD and noise bylaws, that type of event will not be allowed in the future.
Brad Soule noted that it is important for the berm to be a visual barrier and noise reflector. During the Phase One submittal the studio will schedule a site visit. Mr. Soule noted that the buildings closest to Long Pond Road will have little rooftop equipment to generate noise.
Larry Rosenblum expressed his concerns with the changes to the berm and felt that the original berm that was proposed was preferable. Mr. Rosenblum handed out depictions of original and revised berms for the Board to review. Mr. Rosenblum was concerned with the noise impacts from the back lot and special events.
Paul McAlduff noted that the baseline noise levels were taken during quieter traffic times and have captured the lowest noise levels possible. The lower baseline noise levels will benefit the neighborhoods.
Bill Wennerberg stated that the noise from the large events is of most concern. Mr. Wennerberg felt that the berm did need further review.
Marc Garrett expressed his concerns with the proposed berm. Mr. Garrett felt the berm would need further review. He was inclined to support staff’s recommendation that condition #12 regarding noise has been met with further monitoring of events.
Larry Rosenblum raised another issue in regards to a reference of a maximum noise standard for cities and towns in the Commonwealth.
Mr. Letty stated that the reference to other cities and towns was to illustrate what they allow and how they handle noise events. He felt that the monitoring would allow the Town to gather data on the noise levels and receive feedback from the residents on the noise impacts.
Paul McAlduff moved for the Board to notify the Building Commissioner that condition #12 of the May 4, 2009 Plymouth Rock Studio Master Site plan Vote has been addressed to the satisfaction of the Planning Board provided that:
Noise monitoring is required for the first eight outdoor special events as part of the Town of Plymouth’s permit requirement to ensure compliance with an established agreed upon noise limit at the nearest sensitive receptor
The Building Inspector may require additional monitoring for events significantly larger than the eight monitored events.
Compliance with provision 205-76 (H)(c) of the MEPOD Zoning Bylaw must be documented.
The vote was (3-1) with Larry Rosenblum in opposition.
Conceptual Review
46 Billington Sea Road, Map 98, Lots 31A, 31B-1 and 31B-2
Randy Parker, Land Management Systems Inc, presented a conceptual review of a VOSD for an additional lot with open space. Mr. Parker presented three options: a duplex plan that would require a special permit; a subdivision plan with a cul-de-sac to create two residential lots; and the preferred VOSD that would create two residential lots with approximately 30,000 sq. ft of open space (43%).
Valerie Massard noted that the Board has seen similar requests for a VOSD in West Plymouth. The VOSD is the preferred option as the cul-de-sac would take away the character of the site and the duplex would be a more intense use along the waterfront. The VOSD will keep development out of Habitat areas and cause minimal disturbance to the site. The plan if approved will also bring the septic up to code.
The Board was supportive of the VOSD plan as it would be a better use of the land, create minimal disturbance and address Title 5 concerns.
Bill Wennerberg was supportive of the VOSD as it is a better land use and will address Title 5 concerns.
Marc Garrett requested that the open space be defined in the deeds by metes and bounds.
The Board looks forward to further review upon formal submission of the VOSD plan.
Discussion
Plymouth/Kingston/Plympton ETA
Marc Garrett opened the discussion on the proposed Plymouth/Kingston/Plympton Economic Target Area (ETA) expansion.
Larry Rosenblum was encouraged to see the concurrence of opinions of the Board regarding the need for regional planning. He felt there should also be a joint town planning process with surrounding towns.
Paul McAlduff also felt that a joint town planning process makes a lot of sense and encouraged the Board to continue the joint meetings with the Kingston Planning Board. Mr. McAlduff asked if the Board would be making a recommendation to the Board of Selectmen (BOS) on the proposed ETA.
Mr. Garrett confirmed that the Board would be making a recommendation to the BOS. Mr. Garrett was unsure how the ETA would work yet as it is not project specific. He stated that we are being asked to provide a benefit to two towns and there is potential for expansion to include other towns. Mr. Garrett thought there should be a process for the towns to vet the issues. He also noted that adequate staffing would be required to make the process work smoothly.
Bill Wennerberg stated that including the other towns in the ETA would give the Town the ability to bargain with the other Towns. Mr. Wennerberg was concerned about giving away benefits to the Town.
Mr. Garrett stated that some projects in other Towns may have a mutual benefit for Plymouth and there needs to be a common table for discussion.
Mr. Rosenblum thought that the ETA should be worked through as part of a planning process.
Mr. Garrett noted that the BOS have already supported the ETA concept.
Paul McAlduff suggested forwarding all of the Board’s comments to the BOS.
Mr. Hartmann stated he would summarize the Board’s comments and submit them to the BOS. He suggested that the recommendation would include that a council would be created and one of the first topics the council would review would be the ETA expansion and the Board’s comments would be attached to the recommendation.
Paul McAlduff moved to adjourn at 9:22 p.m.; the vote was unanimous (4-0).
Respectfully Submitted,
Eileen M. Hawthorne Approved: September 14, 2009
Administrative Assistant
| 
