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, and Larry Rosenblum
Planning Board Alternate: Timothy Grandy
Staff Members: Lee Hartmann
Recording Secretary: Eileen Hawthorne
Administrative Notes:
Minutes:
August 24, 2009
Paul McAlduff moved for the Board to approve the minutes of August 24, 2009 as presented; the vote was (3-0-1) with Malcolm MacGregor in abstention as he was not present.
Paul McAlduff moved for the Board to recommend approval of BOA 3546 – Jordan Hospital, 275 Sandwich Street, Map 26, Lot 24A for a Special Permit to expand a Special Permit use and modification of Special Permit 2515 to relocate a vestibule; the vote was unanimous (4-0).
Appointment
West Plymouth Steering Committee
Lee Hartmann addressed the Board and the West Plymouth Steering Committee (WPSC) regarding the following issues:
The DPW has created a Sidewalk Program that includes a proposal for several new sidewalks in the West Plymouth area. The sidewalks would be the entire length of Seven Hills Road; Federal Furnace Road (from Carver Road to South Meadow Road; Carver Road (from Summer Street to Carver Rd/Seven Hills Road intersection); and Plympton Road (from Carver Road to Commerce Way). The Engineering Dept. is seeking $2.5 million for the installation of these sidewalks. Funding through the Town’s Capital Improvement program has not been approved by Town Meeting. The Engineering Dept. has completed the preliminary design work that will allow them to apply for Transportation Program (TIP) funding. The TIP funding is awarded based on available funds and its ranking relative to other regional projects.
Mr. Hartmann suggested that the Board and the WPSC forward letters of support for the Engineering’s request at the Spring 2010 Town Meeting for Capital Improvement funding for their sidewalk program.
Jim Nicholson asked if the WPSC should still encourage developers to install sidewalks.
Mr. Hartmann replied that the WPSC should encourage developers to install sidewalks because overtime, the sidewalks could be connected.
Marc Garrett suggested that the WPSC consider where on South Meadow Road future sidewalks would be appropriate and submit that list of areas to the Board or staff.
Larry Rosenblum suggested that the Board look into what the proposed sidewalk design is and whether it includes landscaping, bump outs, bike lanes, etc. He felt that the sidewalks should not only be installed for safety, but provide amenities.
Mr. Hartmann informed the Board and the WPSC of a memo that will be sent to residents in manufactured and mobile home parks regarding a fire safety hazard created due to the use of heat tape on the water service lines and pipes under the structures. The memo encourages the residents to have a qualified licensed electrician inspect the heat tape for signs of wear, deterioration, charring of insulation and/or wiring, corrosion of plugs and outlets or any other sign of aging that can lead to short circuits, arcing or overheating which can lead to fire and to have it replaced as needed.
Mr. Hartmann was asked to present an update on development in West Plymouth. Currently there are no projects proposed for the West Plymouth area. When larger projects are filed, the applicants are encouraged to present plans to the WPSC prior to a public hearing.
Mr. Hartmann asked the WPSC for an update on their activity with the airport.
Jim Nicholson stated that during the past spring, several meetings were held with residents and the Airport Commission (AC) regarding the proposed runway expansion. The WPSC recommended to the AC that the East/West runway should stay at the existing length and the Nroth/South runway should be expanded to evenly distribute air traffic between the two runways. Mr. Nicholson asked whether a member of the WPSC should be a member of the AC.
Mr. Hartmann noted that the WPSC has requested that the Planning Board encourage alternate uses and/or zoning for the undeveloped portion of the West Plymouth Plaza site.
Mr. Nicholson stated that the Rising Tide Charter School has been given state funding to expand to include grades 9-12. He suggested that the WPSC would like to be proactive and approach the school about looking at the West Plymouth Plaza site for construction of a new school.
Paul McAlduff noted that the Charter School is looking to expand and build to accommodate all their students, but that the Board has no control over whether a private property owner would be interested. Mr. McAlduff suggested that the Board request that the West Plymouth site be vegetated to suppress the dust.
Marc Garrett noted that the Building Dept. was asked to enforce the stabilization program with no response from the owner. Mr. Garrett stated that the Board could try again. There was no control or requirement to stabilize the site. There have been several developers that have presented conceptual reviews to the Board for this site, but none have submitted formal plans. Mr. Garrett stated that the new center of activity in West Plymouth has shifted to Commerce Way, and that this site which is currently zoned General Commercial (GC) might need to be rezoned.
Paul McAlduff moved for the Board to contact the new Building Commissioner to identify or endorse any inconsistency with the special permit; the vote was unanimous (4-0).
Larry Rosenblum moved for the Board to request that the Engineering Dept. present the proposed sidewalk plans to the Board and the WPSC before any letters of support are drafted; the vote was unanimous (4-0).
Malcolm MacGregor moved for the Board to send a letter to the Board of Selectmen requesting that a WPSC member be appointed to the Airport Commission; the vote was unanimous (4-0).
Mr. Nicholson asked if staff could research the approved lighting for the Casa Bella development. The WPSC made recommendation to the Board that the lighting for Casa Bella have shielded lighting, but the lighting that has been installed is the same as that installed in the Westwind development.
Mr. Hartmann stated he would review the special permit granted by the Zoning Board of Appeals.
Mr. Garrett suggested that the WPSC consider what revisions should be made to their Master Plan by looking at where they want to be in the next fifteen years.
BOA 3548 – Plymouth Public Schools
41 Obery Street/Map 27, Lot 59
Andrew Chagnon presented the site plan for the proposed Plymouth North High School. The building requires a special permit to exceed the Zoning Bylaw’s height limitations. The new school campus will be constructed in phases in order to keep the existing school in operation while construction is in progress. The site currently has 307 parking spaces, a one way circulation from Obery Street to Nook Road during peak morning and afternoon hours; grade changes; isolated wetlands; a water line from Obery St. to Nook Rd; a sewer line; and ball fields. The new high school will have a new football field with a concession stand and improved circulation; terraced softball and baseball fields; a senior center and associated parking (a total of 473 parking spaces); two way vehicle circulation at the access/egress points; a
one way lane for buses only in front of the school; a parent drop off location; new water and sewer lines; improved drainage and new hydrants. The drainage plans have not been completed and will be submitted to the Engineering Department for review when completed.
Jim Jordan presented the architecture for the new school building. The Federal style building was chosen and will consist of two tone brick and masonry. Mr. Jordan presented the first floor plan that includes a vocational area; television production facility; medical area; auditorium; student dining; maintenance area; administration area; and library surrounding a central courtyard. The school is part of a Massachusetts Model School Program which requires a three story class room configuration and use green technology in the construction. The exterior will have a two tone brick façade with double hung windows in each classroom, a cupola similar to the one at the Nathaniel Morton School; a columned main entrance with a secondary entrance for the gym and auditorium. Mr. Jordan presented cross sections
at different heights to detail the visibility from various locations. The height of the building originally proposed at 54’9” has been revised to 56’.
Marc Garret asked for clarification of the height of the building.
Mr. Jordan stated that the height is from the grade at the front door to the top of the weathervane. He also noted that all rooftop equipment will be screened.
Mr. MacGregor did not want the rooftop mechanicals to be visible from the surrounding neighborhoods.
Mr. Rosenblum commented relative to the building’s architectural style in discussion with the architects. The architectural style was beyond the scope of the requested Special Permit to exceed the 35 ft. height limitation.
Paul McAlduff announced that he would be abstaining from the vote on this case due to his position on the Building Committee.
Malcolm MacGregor moved to recommend approval to the Zoning Board of Appeals subject to the following condition:
All rooftop mechanical equipment shall be adequately screened from the view of abutting residential dwellings.
The vote was (3-0-1) with Paul McAlduff in abstention.
The Board took a five minute recess.
Status Update
B545 – Prestige Way
Atty. Jeffrey Angley informed the Board that NStar plans to start relocating the utility poles on the site known as Prestige Way this week. The relocation will take approximately 2-4 weeks and then P. A. Landers will begin the gravel removal. The gravel removal should take approximately 60 days. After the gravel is removed, the new slopes on the eastern side of the site will be loamed and seeded. In the meantime, the existing berms will control any run off.
Paul McAlduff asked if there was a work order from NStar.
Atty. Angley stated that NStar has hired an outside contractor. The necessary easements were recorded last week even though NStar received the require payment over a year ago.
Mr. McAlduff asked when the poles are moved and relocated what will happen on the plateaus (terraced pads). He was concerned that the site was barren.
Atty. Angley replied that the plateaus would loamed and seeded, but he could not be sure of the time frame.
The Board expressed their dissatisfaction with the completion of the stabilization of the site. Marc Garrett noted that the time frame for the relocation of the poles and the gravel removal would bring the stabilization of the site into December when nothing will grow. It will be March or April before any plantings can be done.
Atty. Angley stated that he could submit a stabilization plan to the Board.
Malcolm MacGregor moved for the Board to:
Review temporary and permanent re-vegetation and site stabilization plans for the entire property at the October 5, 2009 Planning Board meeting. ~The temporary measures shall be installed in the Fall of 2009 and the permanent measures shall be installed in the Spring of 2010.
In April 2010 advertise a public hearing to consider amending, modifying or rescinding the approved Definitive Subdivision Plan entitled "Definitive Subdivision Plan of Land Shown as Lots 1, 2, 13 & 14, Map 102, Prepared for Waterhouse Properties, LLC,” dated April 26, 2007, prepared by Associated Engineers, Inc. of Plymouth, Massachusetts, and the revised road layout plan entitled “Definitive Subdivision Master Grading Plan, Lots 1, 2, 13 and 14, Plymouth’s Assessor’s Map 102, Crows Way, Plymouth, Massachusetts” dated February 2, 2007 (revised through August 20, 2007), prepared by Associated Engineers of Plymouth.
The vote was (4-0).
Conceptual Review
220 Carver Road
Bill Shaw, Associated Engineers, presented a conceptual plan for a two lot subdivision. There is an existing single family dwelling on the property. The Board previously approved an ANR plan (#4338) that created the necessary frontage for two lots with a parcel to be deeded to the Town for a future layout of Carver Road. Since that time, the Engineering Department has withdrawn a Town Meeting article for the acceptance of the parcel. The conceptual plans included a two lot subdivision with a cul-de-sac or an option that utilizes the existing curb cut to create adequate frontage for the two lots. There is an existing natural buffer between the abutting properties.
Lee Hartmann stated that the proposed lots would comply with dimensions of the Zoning Bylaw and the plan complies with the standard turnaround requirements. The Board is being asked for guidance on which option is preferred and what types of improvements should be included in the formal submission.
Janet Young, a direct abutter, requested that additional vegetation be installed to supplement the existing vegetation along her property line. Ms. Young also expressed her concern with the common drive close to her property.
Gus Diodato noted that there is a stockade fence along the shared property line.
Malcolm MacGregor was supportive of Option 2 with the common drive and the vegetative buffer.
Marc Garrett was also inclined to be supportive of Option 2. He noted that the two issues are the common drive off Carver Road and additional buffering along Ms. Young’s property.
Larry Rosenblum asked if there was sufficient buffering for the neighbors on Lantern Lane, which abuts the rear of the property.
Mr. Diodato replied that the rear of the property has adequate vegetation.
The Board looks forward to further review of the project.
BOA 3545 – Sunna LLC
9 Long Pond Road/Map 89, Lot 32A
Atty. Edward Angley presented an appeal of the Building Commissioner’s denial regarding allowed use. The zoning permit was submitted for an automobile dealership on property zoned Highway Commercial (HC). Atty. Angley noted that in the HC zone, retail establishments are allowed with sale and display lots and rental agencies, such as automobile, miscellaneous appliances and equipment and clothing are also an allowed use. He felt therefore that an automobile dealership should be an allowed use. Atty. Angley noted that automobile dealerships are allowed in the Mixed Commerce (MC) and Arterial Commercial (AC) zones.
John Weisbach, representing Honda, the proposed auto dealership, outlined the benefits to the Town of having a Honda dealership. Honda produces the “Greenest” vehicles. The closest Honda dealers are in Weymouth, Raynham and Hyannis and having one in Plymouth would service the 10,000 Honda owners in Plymouth County. The dealership will provide 64 jobs with an average income of $48,000 annually. The building will be LEED certified. The tax revenue generated would be in excess of $60,000. Honda dealerships are strongly involved in the local communities and participate in environmental programs and groups.
Larry Rosenblum commented that this is a zoning bylaw issue and the merits of this petition should be restrained to the zoning issue not the Honda dealership.
Lee Hartmann noted that the Zoning Bylaw defines the two zones that allow for new and used automobile dealerships as MC and AC. The uses are specifically listed. If a use is not specifically listed in a zone it is therefore prohibited.
Larry Rosenblum stated that in reading the Zoning Bylaw, the issue of allowed locations for auto dealerships is enumerated and there are reasons why the display of vehicles on the street are appropriate in certain areas and not allowed in other areas.
Marc Garrett was in agreement with Mr. Rosenblum. There are already two zones that allow auto dealerships.
Malcolm MacGregor moved for the Board to recommend to the Zoning Board of Appeals that the Director of Inspectional Services’ decision be upheld for the following reasons:
New and used automobile sales are not listed as allowed or special permit uses in the Highway Commercial zone and are therefore prohibited.
New and used automobile sales uses do not fall within the retail sales and display lot category.
The vote was unanimous (4-0).
Other Business:
Review of Selectmen’s amendment to Article 28 – Viking Rezone
Lee Hartmann stated that at the September 1, 2009 Board of Selectmen’s (BOS) meeting they reviewed the petition and MOU to rezone approximately 47 acres of land off Home Depot Drive from Rural Residential (RR) to Highway Commercial (HC). The Planning Board’s support of the petition is subject to the MOU agreement. The BOS agreed to support the petition subject to the following changes to the MOU language:
An increase in the buffer to abutting residential properties form 50 feet to 150 feet.
Adding a special permit exemption for properties under 5 acres in size (this would be in addition to the Planning Board supported exemption of buildings with a ground floor area of 10,000 sq. ft. or less). Because the proposed language is less restrictive, Town Counsel believes it is within the scope of the article and consistent with the range of provisions discussed by the Planning Board at their public hearing and does not require a new public hearing.
Larry Rosenblum asked for clarification on the increase to the buffer zones as shown on the map.
Atty. Edward Angley stated that the buffer zone has been increased to a depth of 150 ft. in two locations that abut residential property. Atty. Angley stated that Barry Tassinari, an abutter, met with the developer who has agreed to extend the buffer zone an additional 150 ft. in length along Mr. Tassinari’s property line. The buffer zone remains 50 ft. along the remainder of the property lines.
Malcolm MacGregor asked what the effect of the proposed language is as opposed to the original language.
Mr. Hartmann replied that any vacant lots within the HC zone under five acres would also be exempt.
Mr. Garrett expressed his concerns that a few lots on Camelot Drive, Natalie Way and Holman road would be exempt and the maximum buildout would allow a 43, 000 sq. ft. gfa building on a a 4.99 acre lot.
Mr. Hartmann noted that with the language the Planning Board supported, a 30,000 sq. ft. gfa building could be constructed.
David Gilvar, Viking Development, encouraged the Board to present a uniform proposal to Town Meeting.
Paul McAlduff moved for the Planning Board to support the amendments proposed by the Board of Selectmen; the vote was (3-1) with Larry Rosenblum in opposition.
Paul McAlduff moved to adjourn at 10:24 p.m.; the vote was unanimous (4-0).
Respectfully Submitted,
Eileen M. Hawthorne Approved: September 21, 2009
Administrative Assistant
| 
