Planning Board Meeting
October 5, 2009
Minutes
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: Lee Hartmann
Recording Secretary: Eileen Hawthorne
Administrative Notes:
Minutes:
September 21, 2009
Larry Rosenblum moved to approve the minutes of September 21, 2009 as presented; the vote was unanimous (5-0).
Appointments
Plymouth Rock Studios Neighborhood Committee
Marc Garrett noted that the Board should determine the term limits for their desginees to the Plymouth Rock Studios Neighborhood Committee (PRSNC). Mr. Garrett suggested three year terms.
Paul McAlduff moved for the Board to amend the Master Site Plan vote to limit the terms for their designees on the PRSNC to three years.
Kevin O’Reilly, Plymouth Rock Studios suggested setting a three year term limit on all members of the committee with the exception of the direct abutter.
Paul McAlduff amended his motion to reflect the Board’s amendment to the Master Site Plan approval of April 14, 2009 for Plymouth Rock Studio) pursuant to Section 205-76 of the Plymouth Zoning Bylaw as follows:
Condition #27
Committee members shall serve three (3) year terms and the committee shall consist composed of the following members:
- A direct residential abutter (owner of Lot 1-3 on Assessors’ Plat 79)
- One designee of Crosswinds Golf Course
- One designee of the Pinehills Community
- One designee of Plymouth Estates Neighborhood Association
- Two residents designated by the Planning Board to represent other neighborhoods in the area
- One designee of the Plymouth South High School or Plymouth South Middle School
- One designee of Plymouth Rock Studios, a non-voting member
The vote was unanimous (5-0).
The Board appointed James Concannon and Helen Hapgood as the Planning Board designees to the Plymouth Rock Studios Neighborhood Committee for three year terms.
B487 – Ellis Estates
Brown Bear Circle Buffers
Lee Hartmann presented a letter from the Ellis Estates Homeowner’s Association and maps showing the existing buffers within the Ellis Estates subdivision. The developer agreed to provide 40 ft buffers around the perimeter of the subdivision with one lot having a 75 ft. buffer. These buffers leave little backyard space for most of the neighbors and no backyard for the resident with the 75 ft. buffer.
Kathleen Caddell, president of the neighborhood association, presented photographs of the backyard space and buffers within the neighborhood. She noted that the residents have no reasonable use of their backyards. They are requesting that the existing buffers be reduced to 10 ft. Miss Caddell read a letter into the record from Peter and Karen Bartash requesting that Board consider reducing the buffers within the neighborhood to 10 ft.
Nancy Saganich who owns the property with the 75 ft buffer, presented pictures showing the buffer area that extends from the back edge of her foundation to the rear of her lot. Ms. Saganich noted that she only has the use of 15 ft. of her rear yard and requested that the buffer area be reduced so she could put up a small shed.
John Howard, Andrew Breish, and Mia Garvey spoke in favor of a reduction to the buffer area for all the lots within the subdivision.
Larry Rosenblum suggested that the Board could reduce the buffers to a degree that allows reasonable use of the backyards with added protection for the remaining buffers which would be recorded in the deeds for each property.
The Board was very sympathetic to the request of the neighborhood to reduce the existing buffers and suggested that a public hearing to amend the subdivision should be held.
Malcolm MacGregor moved for the Board to schedule a public hearing to amend the subdivision and notify the abutters of the potential buffer reduction; the vote was unanimous (5-0).
BOA 3551 – Plymouth Lodge No. 2485
Loyal Order of Moose (10/7)
601 State Rd/Map 45 Lot 54A
Mark Flaherty presented the request for special permits to change from one non-conforming use to another and to waive the off-street parking requirements in order to change the use of the existing building from a 234 seat public restaurant to a private restaurant and to add two rooms to the existing inn (from ten units to 12 units). The parking waiver is being requested because the existing parking spaces have been laid out as nine ft. spaces and the current bylaw requires 10 ft. spaces.
The Board expressed their concerns with the existing single family dwelling at the rear of the property that encroaches on the abutting property.
Paul McAlduff moved to recommend approval to the Zoning Board of Appeals with the following notation:
The Planning Board raised concerns about the appropriateness of allowing the pre-existing non-conforming dwelling to remain. This dwelling encroaches upon an abutting property and increases this property’s non-conformity. The Zoning Board of Appeals should consider if the dwelling should remain.
The vote was (3-2) with Malcolm MacGregor and Marc Garrett in opposition.
Site Plan Review
Brigantine Square/32-50 Long Pond Road
Mark Tarlton presented the proposed façade renovations for a 10 unit commercial building on Long Pond Road. The structure currently has a tin roof and metal exterior with an overhang along the front of the building and a two-lane drive through for the bank. The proposed changes include replacement of the drive-through overhang with a more permanent structure, removing the overhang along the front of the building and replacing with individual awnings, new roofing, new vinyl siding, installation of EIFS sign friezes and down-lighting for the signs.
Lee Hartmann noted that the proposed changes for lighting will need to be in compliance with the Prevention of Light Pollution Zoning Bylaw and that the proposed signage will require further review.
Malcolm MacGregor suggested adding low vegetation to the grassed areas along Long Pond Road.
Mr. Tarlton agreed to look at the additional landscaping.
Marc Garrett suggested that the applicant consider possible alternatives for parking and circulation within the site. Mr. Garrett was concerned with the sight distances at the curb cut on Long Pond Road and that access is frequently blocked by traffic stacking at the signalized intersection of Home Depot Road, County Road and Long Pond Road. An alternative might be to expand the access on County Road.
Malcolm MacGregor suggested considering eliminating the left turn movement onto Long Pond Road.
Mr. Tarlton stated that changes to the circulation within the site would require a complete engineering review.
Mr. Garrett suggested that the elimination of the left turn onto Long Pond Road should be considered and that he would like a report back from the proponent.
Larry Rosenblum moved to for the Board to notify the Director of Inspectional Services that the façade improvement plans for Brigantine Plaza are acceptable and will comply with the requirements of the Zoning Bylaw after the following issues are addressed:
Compliance with the Prevention of Light Pollution Zoning Bylaw must be documented. A lighting plan should be submitted for proper review. Light poles should not exceed twelve feet in height.
A separate review of any new signage will be necessary.
The owner is encouraged to provide additional landscaping on the island located between Long Pond Road and the parking lot.
The applicant is encouraged to meet with the Department of Public Works to discuss and install, if feasible, traffic flow improvement(s) measures at the site’s Long Pond Road exit/curb cut.
The vote was unanimous (5-0).
BOA 3550 – Robert D Perry (10/21)
26 Crescent Rd/Map 56, Lots 72-25 thru 72-28
Lee Hartman presented the request for a special permit to waive the access way requirements in order to demolish an existing structure in poor condition and construct a new single family dwelling. The access way will be widened to 16 ft., graded and paved up to the driveway for the property and a catch basin and leaching structure will be installed.
Malcolm MacGregor noted that the new building is substantially larger and will be relocated on the site to correct the encroachment on the property line that currently exists. Mr. MacGregor asked if the proposed structure is a single story dwelling.
Robert D Perry, Jr. replied that the dwelling would be a single story ranch structure with a walk out basement.
Paul McAlduff moved to recommend approval to the Zoning Board of Appeals subject to the following conditions:
The proposed drainage system must be approved by the Town Engineer’s Office.
The owner of the site is responsible for the maintenance of the drainage improvements shown on the site plan.
Prior to the issuance of an occupancy permit, said improvements are to be installed under the supervision of a registered profession engineer. The engineer must certify that the physical improvements noted in the site plan and drainage calculation report have been installed in accordance with the conditions noted here and accepted installation practices.
The vote was unanimous (5-0).
BOA 3552 – Samuel Boutin et al
163 Bay Shore Dr & 232 Rocky Hill Rd/Map 43, Lots B55, B56 and B67
Atty. Frederick Paulsen presented the appeal of the Director of Inspectional Services decision that determined Lots B55, B56 and B67 are buildable for one single family dwelling. The appeal is based on environmental concerns and construction on property with a slope of greater than 15%. The septic installation is proposed for the steepest part of the site which is located off Rocky Hill Road. Atty. Paulsen also expressed concerns with the proximity of the proposed single family dwelling to the existing wetlands on the site.
Tom Sexton, GEOD Consulting, submitted a packet of information that outlined the proponent’s position on why the lots should not be considered buildable: slope stabilization and stormwater runoff control during construction have not been detailed; site runoff could aggravate an existing ponding condition; with deduction for steep slopes, the remaining buildable area of the parcels is insufficient for development; floodplain elevation has not been established; adequate preservation of steep slopes and natural vegetation and adequate erosion and sedimentation control has not been demonstrated; with either a 25 ft. or 50 ft. wetlands buffer zone, the remaining buildable area of the parcels is insufficient for development; the Conservation Commission has not approved the wetland lines and determined whether there is a potential vernal
pool; the Board of Health has not made a determination on the location of the septic system; and adequate stormwater management has not been demonstrated.
Marc Garrett noted that the building permit is subject to review by the Conservation Commission.
Lee Hartmann stated that the wetlands have been flagged and the site complies with Zoning and that the property is located in a Zone X on the FEMA Flood Maps. Zone X is not considered a flood zone. The Conservation Commission determination is separate from a zoning determination.
Atty. Paulsen stated that zoning issues relate to the slope on the property and the occasional flooding on the site.
Marc Garrett noted that topography was not shown on the maps presented by the petitioner. Mr. Garrett also noted that the Building Commissioner makes a determination on the plans that are submitted and those plans are certified by an engineer.
Mr. Hartmann stated that the lots have been held in single ownership since 1948 and are pre-existing non-conforming lots. The building will be constructed in an area with a slope of less than 15%.
Atty. Paulsen interpreted the Zoning Bylaw to include the prohibition of construction of driveways and septic as well as buildings within areas with a 15% or greater slope.
Mr. Hartmann stated that if there is new information, the information should be submitted to the Building Commissioner. Mr. Hartmann also stated that the Town’s consultant has reviewed the plans and agrees with the applicant’s engineer regarding the wetland delineation.
Larry Rosenblum suggested that the petitioner’s information should be submitted to the Building Commissioner for review.
Malcolm MacGregor expressed his concerns on whether the lot could actually be built upon.
Bill Wennerberg stated that with creative engineering, most lots are buildable and he was prepared to uphold the Building Commissioner’s decision.
Larry Rosenblum moved for the Board to continue the review of this petition in order to allow the applicant to present additional information to the Building Commissioner: the vote was (2-3) with Malcolm MacGregor and Larry Rosenblum in support.
Paul McAlduff moved for the Board to support the Building Commissioner’s determination, thereby recommending denial of the petition to the Zoning Board of Appeals; the vote was (3-2) with Malcolm MacGregor and Larry Rosenblum in opposition.
Up-date
B545 – Waterhouse, Prestige Way Stabilization Plan
William Shaw, Associated Engineers, presented an update on the stabilization plan for the B545 Waterhouse LLC subdivision. NStar is in the process of relocating and rewiring the utility poles which should be completed within two weeks. The existing utility easement will be used as the access/egress for the remaining gravel removal. Proposed mitigation for stabilization includes creation of a new slope in the utility pole area that needs to be loamed and seeded; installation of a stone swale with fabric underneath; a berm to address the watershed issue at the top of the hill; installation of retention basins; removal of a tree and slope graded to remove the fissure that has been created; a second berm will be continued 50 ft. up the roadway to eliminate flooding of the road; rebuild the cross section and grade the slope to
correct existing washout; additional stone swales and berms to mitigate washout; and reseeding of a small slump in an existing berm. Jon Henson was contacted regarding the hydro-seeding the disturbed areas and he suggested a mixture and a recommendation for areas that are semi-vegitated. The mixture would make the area look like a meadow.
Paul McAlduff asked if the pile of existing top soil would remain where it is.
Mr. Shaw stated that it would remain where it is for now. It is 11,000 yards of top soil which is not enough for the entire site, but will be used at a later date.
Marc Garrett asked if the top soil could be spread.
Mr. Shaw stated that the top soil would be used in areas that are to be landscaped.
Mr. Garrett asked whether the hydro-seeding would be done without loam.
Mr. Shaw stated that by using the top soil for landscaping, the top soil would not be moved twice. Mr. Henson has indicated that the application of the meadow mixture should take without the use of loam.
Mr. Garrett felt that the loam should be used now.
Mr. Shaw stated that the loam will be used on the new slopes that are to be created.
Mr. McAlduff asked for an estimate of when the re-vegetation would be completed.
Mr. Shaw stated that the schedule is to be completed before April 1, 2010.
Tom Ford, Conifer Realty Trust, asked that the Board reconsider the request to spread the loam piles on his side of the roadway.
Levon Semerjian, LG Automotive LLC, assured the Board that in spite of the financial issues and the issue with William C Gould Way and the Town of Kingston, they are working to stabilize the site and get the erosion under control.
Paul McAlduff requested that the top soil be used where needed instead of left in piles.
Bill Wennerberg felt that it would not be practical to spread the loam and suggested hydro-seeding by the spring of 2010. He stated that the proponents should move forward now with the stabilization of the eroding areas and the slopes that will remain when the development is completed.
Marc Garrett suggested that everything outside the easement and gravel removal area should be hydro-seeded immediately.
Mr. Ford stated that the temporary hydro-seeding would cost him $51,000.
Larry Rosenblum moved for the Board to require that the proponents move forward with the stabilization plan as explained; the hydro-seeding must be done by the spring; and the stabilization of the eroding areas and slopes now; the vote was (4-1) with Marc Garrett in opposition.
Discussion
Design Guidelines/Site Plan Review
Lee Hartmann asked if the Board had any additional comments on the Design Guideline matrix.
Bill Wennerberg asked what happens as the Town starts to grow and develop and there are overlaps in the categories.
Mr. Hartmann stated that there will be a great deal of overlap between the categories. Landscaping, parking standards and site layout would apply for all categories.
Tim Grandy asked why the 1,000 acre site was in the Rural Residential category.
Mr. Hartmann explained that the 1,000 acres was an example of what could happen, but that it could be removed from the residential category.
Marc Garrett suggested that the 1,000 acres could also be in the campus and/or institutional development categories and other categories as it is undeveloped land.
Larry Rosenblum recommended moving forward with the design guidelines.
Other Business:
Plymouth’s Commonwealth Capital Score
Lee Hartmann informed the Board that the Town currently ranks second out of the 41 towns that have submitted their Commonwealth Capital applications. The scores rank how the town is doing on smart growth and the eligibility for grants.
Larry Rosenblum expressed his concerns with the Zoning Board of Appeals (ZBA) granting a Special Permit to allow a car dealership where it is not clearly allowed. Mr. Rosenblum felt that the decision was questionable and should be challenged.
Paul McAlduff was concerned that the ZBA decision could set a precedent for allowing additional automobile dealerships along Long Pond Road.
Malcolm MacGregor agreed with Mr. Rosenblum and Mr. McAlduff.
Lee Hartmann noted that there is a 20 day appeal period from the date the vote is filed with the Town Clerk. The Planning Board would have to retain counsel either by obtaining permission to hire separate counsel from the Board of Selectmen or by hiring an attorney on their own.
Malcolm MacGregor suggested asking the Board of Selectmen to provide counsel.
Marc Garrett stated that the Board was not questioning the rights of the Zoning Board of Appeals to make a decision, but the land use ramifications. Mr. Garrett was concerned that automobile dealerships could be an allowed use on the property owned by Viking Development which may be rezoned at the upcoming Fall Town Meeting.
Marc Garrett suggested that he meet with the chair of the ZBA to discuss why the decision was made prior to the pursuit of challenging the decision.
Mr. Rosenblum asked if the ZBA could change their vote.
Mr. Hartmann stated that until it is filed with the Town Clerk the decision could be reconsidered.
Larry Rosenblum moved for the Board to proceed with the challenge of the ZBA decision and to have Mr. Garrett meet with the Chair of the ZBA to discuss the reasoning behind their decision and to include Board of Selectmen Chairman Quintal in his discussion with the ZBA Chair. He was concerned with the potential for expansion of automobile dealerships along Long Pond Road. Mr. Garrett suggested that the Board meet on Friday, October 9, 2009 at 3:30 p.m. for an update on his discussion with the ZBA Chair.
The vote was unanimous (5-0).
Natural Heritage Update
Marc Garrett informed the Board that there has been a movement to sue the Commonwealth of Massachusetts Division of Fisheries and Wildlife to challenge in Supreme Court the unconstitutionality of the regulations that Natural Heritage is using to implement the Endangered Species Policy Act. There is a public hearing on Beacon Hill on Wednesday, October 7, 2009.
Bill Wennerberg moved to adjourn at 11:30 p.m.; the vote was unanimous (5-0).
Respectfully Submitted,
Eileen M. Hawthorne Approved: October 19, 2009
Administrative Assistant
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