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:
The Board approved the minutes of October 5, 2009 as presented.
Bond Reductions and Contingency Refunds:
The Board approved a bond reduction of $4,205.67 and a contingency refund of $2,500.00 for work completed in the B438 – Bramhall Estates subdivision.
The Board approved a bond reduction of $5,153.95 and a contingency refund of $417.86 for work completed in the B497 – Bog View Estates subdivision.
The Board approved a reduction to the Tri-Party Agreement in the amount of $3,764.00 and a contingency refund of $720.49 for work completed in the B476 – Mill Pond Landing subdivision.
Form A Plans:
The Board moved for the clerk to sign A4347 – Caldera Family Realty Trust and Blueberry Ridge Trust, 191 and 199 Billington Street, Map 100, Lots 12C (1.514A) and 12D (1.439A)– Lot line adjustment to create lots 12G (1.415A) and 12H (1.542A)
Bill Wennerberg moved to approve the above mentioned Administrative Notes as presented; the vote was unanimous (5-0).
B437 – Pinehills LLC/Hickorywood
Confirmatory Release of Covenant – Lot 11-214
Confirmatory Release of Covenant – Lots 11-204 through 11-209, S-181, S-182, and S-183
Paul McAlduff moved to approve the above-mentioned confirmatory covenants; the vote was (4-0-1) with Bill Wennerberg in abstention.
Planning Board Designee to 1820 Court House Consortium
The Board appointed Larry Rosenblum as their designee to the 1820 Court House Consortium.
Public Hearing
B437 – Pinehills LLC/Saddleback Neighborhood
Bill Wennerberg recused himself from this public hearing and joined the audience.
Marc Garrett read the public hearing notice and opened the public hearing.
John Judge, Pinehills LLC, presented the plan for an eight home single-family neighborhood “Saddleback” within the Great Island Community of the Pinehills development. There will be a gravel connection to Great Island Road for emergency access/egress.
Paul McAlduff moved to close the public hearing and approve the plans as presented for the “Saddleback” neighborhood within the Great Island Community of the Pinehills Development; the vote was unanimous (4-0).
Bill Wennerberg rejoined the Board.
Site Plan Review
Dunkin Donuts/Sandwich Street
Atty. Larry Winokur began the presentation of a site plan for a proposed Dunkin Donuts at the old Friendly’s site located at 15 Sandwich Street. The lot is a pre-existing nonconforming lot in the Downtown Harbor zone. The existing Dunkin Donuts next to Tedeschi’s will be closed. The structure will have no drive–through window.
William Shaw, Associated Engineers, presented the site plan review. The existing curb stops will be removed and a five foot sidewalk will be installed. Columns will be installed along the front of the building. The existing walk-up window will be removed and replaced with a doorway. There will be some color changes to the façade and the landscaping plan has been designed by Jon Henson.
Marc Garrett was concerned with the vehicular and pedestrian circulation within the site. Mr. Garrett noted that there are two curb cuts on a very congested intersection and there is little pedestrian access and egress. He was especially concerned with the eastern curb cut and its proximity to the intersection of Sandwich Street and Main Street Extension.
Mr. Shaw stated that the existing two curb cuts and parking spaces will remain unchanged. There is a sidewalk in front of the site and a small park on the right hand side of the building. The two planting areas on either side will be re-vegetated.
Atty. Winokur felt that the closing of the walk-up window would lessen the pedestrian traffic. He also noted that the Historic District Commission, the abutting real estate office and the neighbors are supportive of the proposed Dunkin Donuts.
Larry Rosenblum suggested enhancing the appearance of the property by moving the parking at the edge back 5-6’ and installing a landscaped berm with parking and trees. He also suggested framing the building with trees and placing benches for pedestrians.
Mr. Shaw stated that there are benches in two areas near the building.
Malcolm MacGregor suggested extending the painted pedestrian walkway within the site to the sidewalk.
Paul McAlduff asked given the amount of existing seating if they anticipated many sit down customers.
John Cadette, the petitioner stated that franchise suggests 25 seats. Mr. Cadette noted that if the building had a drive-thru, there wouldn’t be as many seats.
Tim Grandy asked where the dumpster would be located.
Mr. Shaw showed the location of the fenced in dumpster.
Rick Cone expressed his concerns with the motorcycles that linger at the existing Dunkin Donuts and asked if anything could be done to prevent that from happening at the new site.
Mr. Cadette explained that because there is more than one business at the site of the existing Dunkin Donuts it is difficult to control the loitering. He felt that at the new site affords better control.
Mr. Rosenblum requested that a more detailed landscape treatment to the streetscape of the site should be presented.
Bill Wennerberg suggested planting trees in various locations on the site and adding window boxes.
Mr. Rosenblum asked how many parking spots are required on the site.
Mr. Shaw replied that the required parking is higher than the existing parking, but the site is a pre-existing non-conforming site. He also stated that he would have Jon Henson review the suggested landscape changes.
Paul McAlduff moved for the Board to notify the Director of Inspectional Services that the site plans for 15-25 Sandwich Street are acceptable and will comply with the requirements of the Zoning Bylaw with the following comments:
The Planning Board encourages the applicant to install additional landscaping on the site. Suggested improvements include:
- Install planted window boxes;
- Move the parking spaces parallel to Sandwich Street back 5 to 6 feet and install a landscaped berm with trees and benches;
- Replace the painted islands with landscaping;
- Plant trees on either side of the Market Street entrance;
- Plant trees in area adjacent to the outside patio; and
- Install plantings adjacent to the pylon sign.
A separate review of any new signage will be necessary.
Approval by the Historic District Commission is also required.
The vote was unanimous (5-0).
BOA 3553 – JonMat Realty Trust (11/4)
61 Commerce Way, Map 103, Lot 14K-163
Atty. Edward Angley presented the request for a pylon sign and building signage for the NASR Jeweler site on Commerce Way. Although adjoining land will be available for development, the request is for a single pylon sign (large enough for future construction) for the entire site. Atty. Angley stated that his client had no issues with the proposed conditions.
Lee Hartmann noted that the color scheme for known tenants should be presented.
Atty. Angley stated that the supports structure of the sign would be off-white.
Larry Rosenblum asked if the area of the site that is undeveloped would be accessed off Commerce Way.
Atty. Angley replied that the property could be divided into two lots with access off Industrial Park Road, but that no additional signage will be requested.
Malcolm MacGregor moved for the Board to recommend approval to the Zoning Board of Appeals subject to the following condition:
The lighting for the proposed sign must comply with the Prevention of Light Pollution Bylaw. Marc Garrett requested that a condition be added that the sign proposed shall be the only pylon sign allowed on the subject property (including the “Remaining Portions of Lots 45, 14K-41 and 14K-42” as shown on the “Site Plan of Land in Plymouth Massachusetts”, prepared for NASR Jewelers by Webby Engineering, Associates, Inc. and dated May 20, 2008).
Mr. MacGregor amended his motion to include the above-mentioned condition.
The vote was unanimous (5-0).
BOA 3554 – Sandra Cotti dba Sandy’s at Plymouth Beach (11/4)
130 Warren Ave, Map 39, Lot 3
Atty. Edward Angley requested a continuance in order to address a letter from DPW that was received today.
Paul McAlduff moved to continue the Planning Board’s review of BOA 3554 to November 9, 2009 at 7:10 p.m.; the vote was unanimous (5-0).
Appointment – Village Crossing
Phase 3 Modifications
Atty. Edward Angley introduced George Yankowich from Canton Savings Bank who has taken over the Village Crossing project.
Mr. Yankowich reviewed the Phase 3 modifications and other changes to the Village Crossing Development. The infrastructure on the site has been revised; the western detention pond has been redesigned; twelve units that were foreclosed upon have been rehabilitated; the detention pond if Phase 2 has been redesigned and rebuilt to meet stormwater requirements; pond three has been redesigned; the wastewater treatment plant has been re-permitted; sewer mains have been installed; the Title 5 leaching fields have been decommissioned; a vacant structure has been removed; landscape buffers on Beaver Dam Road have been installed; and the sidewalk on the eastern portion of the site has been installed. Meetings have been held with the condo association regarding the changes and to address the concerns of the residents. In Phase
3, the road has been relocated; and the location of the new homes and recreation facility has been altered. The condo association has agreed to eliminate the pool and reduce the size of the community building. Phase 3 consists of 19 dwellings (three single family structures and eight duplex structures). The units will all have two bedrooms, two baths and a two car garage with a traditional driveway to allow parking of two additional vehicles.
Lee Hartmann noted that this project has had a number of issues in the past, but the current team has been working very hard to get the project back on track. Mr. Hartmann confirmed that the Phase 3 modifications include reducing the clubhouse size, eliminating the pool, a change to the road layout, and an increase in units for this phase with the total number of the units for the project remaining the same. Mr. Hartmann suggested that a condition be added to the approval that would require the applicant to provide adequate contingency funds for the peer review of this phase.
Malcolm MacGregor asked what functions would be lost with the decrease in the size of the clubhouse.
Mr. Yankowich stated that with the elimination of the pool, locker rooms and showers within the community building have been eliminated.
Larry Rosenblum was concerned with the change to the texture and mechanics of the development. Mr. Rosenblum requested that the petitioner should present a full build out plan for the 84 units. He preferred less curb cuts on the main road.
Paul McAlduff was pleased that the project was moving forward.
Bill Wennerberg suggested planting three additional trees of 3-4 inch caliper for each unit.
Malcolm MacGregor stated that there were a lot of curb cuts on a single loop road. He suggested that the next phases should have alternate routes to exit.
Mr. Yankowich explained that they have added a road that cuts the site in half. The new road would be one way to the community center and two ways on the opposite side of the community center to access the rear of the site.
Marc Garrett noted that in the old layout, none of the buildings were proposed on the outside of the loop road. Mr. Garrett felt that the homes should be contained within the loop road with the open space around the perimeter respected.
Barry Wood and Buddy Moses spoke in favor of the project and suggested that the Phase 3 site plan should be presented to the Manomet Steering Committee.
Mr. Moses suggested that lighting should be added to the walk way that extends to the 7/11 Convenience Store.
Elaine Richardson, a resident of Village Crossing was generally supportive and encouraged the developer to continue to work with the Town and the condo association to bring the project to a successful conclusion.
Mr. MacGregor stated that he doesn’t have an issue with the reduction to the community building, the elimination of the pool, and the unit count, but felt that the original concept was preferable.
Marc Garrett requested that the petitioner meet with the Manomet Steering Committee and return to the Planning Board on November 2, 2009.
The Board took a five-minute recess.
Conceptual Review
Howard – Manomet Point Road
Randy Parker, Land Management Systems Inc., presented the request to develop property owned by Joe Howard on Manomet Point Road. The preferred option would be a Village Open Space Development consisting of two existing dwellings, three additional single family dwellings and open space. The open space would consist of a beach lot and land with an abandoned cranberry bog with a trail from the beach to Scooks Pond. The dwellings would be accessed through Arnold Ave with Osprey Lane for emergency access/egress. A homeowners association could be responsible for the stewardship of the open space with a mechanism for conservation of the beach lot and the trail to Scooks Pond.
Lee Hartmann stated that the previous conceptual review that the Board was in support of showed one additional residential lot with no road improvements. This plan shows and additional two residential units that may require road improvements. He felt that the neighborhood input should be included in future presentations or a formal filing.
Malcolm MacGregor was concerned with the bluff erosion in the area.
Marc Garrett recommended that the petitioner consider a restrictive covenant of a declaration of restriction in perpetuity for the open space.
The Board looks forward to further review of the conceptual plans or a formal filing.
Other Business:
Marc Garrett presented the modified language to the MOU for the rezoning of Lots 13 and 48 on Map 89. The modified language is as follows:
HARALD agrees that it will not use any portion of the SITE for the sale of automobiles until the issue of whether automobile sales is an allowed use in the Highway Commercial Zone is resolved or until after the Annual Spring Town Meeting, whichever is later.
The Board was supportive of the language change.
Marc Garrett reviewed a Memo to the Board of Selectmen (BOS) that he will present at tomorrow night’s BOS meeting. The memo requests permission for the Planning Board to hire counsel in order to move forward with their challenge of the Zoning Board of Appeals decision on ZBA Case 3545 for Sunna LLC. Mr. Garrett noted that in looking at Town Meeting action regarding the rezoning for the Highway Commercial District language that allowed automobile dealerships was stricken from the Zoning Bylaw. Mr. Garrett asked for the Board’s support at the BOS meeting.
Paul McAlduff moved for the Board to support the DPW’s capital request at Town Meeting for the funding of sidewalks in West Plymouth.
Larry Rosenblum requested that the DPW make a presentation to the Board regarding the process and design of the proposed sidewalks.
Mr. McAlduff amended his motion to include a request for the DPW to make a presentation to the Board to discuss design standards and alternative sources of funding; the vote was unanimous (5-0).
The Board moved to go into executive session to discuss pending litigation.
Marc Garrett announced that the Board would not reconvene in regular session after the executive session.
A roll call vote to enter into executive session was taken: Bill Wennerberg - yes; Larry Rosenblum - yes; Malcolm MacGregor - yes; Paul McAlduff - yes; and Marc Garrett - yes.
Respectfully Submitted,
Eileen M. Hawthorne Approved: November 2, 2009
Administrative Assistant
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