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 November 16, 2009 as presented.
The Board voted to amend the payment schedule for B426 – Ship Pond Estates (a.k.a. Little Hios Hills) to allow the remaining $276.000 to be divided into equal payments of $6900 which would be due prior to the issuance of occupancy certificates for each of the 40 remaining dwellings.
B366 - Hayden Hollow – Guarantee Account Release
The Board voted to release $13,149.32 from the Guarantee Account for work completed in the B366 Hayden Hollow subdivision to be disbursed as follows: $12,572.46 plus any accrued interest to the developer; and as requested by the developer, $200.00 to Andrew and Kathryn Kierstead; and $376.86 to the Town’s contingency account.
Paul McAlduff moved to approve the Administrative Notes as presented; the vote was unanimous (5-0).
Lee Hartmann announced to the Board that Malcolm MacGregor will be awarded the 2009 Distinguished Service Award for Citizen Planner at the Massachusetts Chapter of the American Planning Association’s and Massachusetts Association of Planning Directors joint holiday luncheon. The award recognizes Mr. MacGregor’s 34 years of service (49 Board years) in which he served on the Conservation Commission, Board of Health, and Planning Board. Mr. MacGregor provided leadership on working with GIS; was instrumental in developing the town’s first wetlands bylaw; was a major supporter of the Transfer of Development Rights bylaw; a mentor to many staff members; working to create the 3 acre density bylaw in order to control growth; initiated a number of home rule petitions for impact fees; and a leader in creating the aquifer
protection bylaw.
Marc Garrett and the other Board members gave Mr. MacGregor a standing ovation, congratulated him, and thanked him for his years of service to the Town.
Appointment
North Plymouth Steering Committee
Charles Vandini, Chair of the North Plymouth Steering Committee, addressed the Board regarding the status of North Plymouth. He noted that North Plymouth is great, thriving village. The committee works with the neighborhood watch, Precinct One and the Cordage Historical Society. There are many new business and restaurants in the village center. Mr. Vandini asked the Board to contact the DPW to find out when the work on Standish Ave., Holmes Terr. and Atlantic St. would be completed. It has been three years since Veterans Field was rebuilt. A Christmas tree has been planted in North Plymouth. The Seaside Rail Trail is utilized constantly by the residents for hiking, running and biking, but could use some maintenance as the path is being encroached on by vegetation. Also the vegetation at
Nelson Street needs to be cut back. Mr. Vandini also asked the Board to send a letter to encourage three businesses/owners to clean up their properties as they have a negative effect on the other businesses and the atmosphere of the North Plymouth community.
Lee Hartmann noted that Cordage Park is still working diligently to move forward with their project. The Town has received $600,000 to date and will receive additional funds as the project moves forward. However, the existing funds cannot be spent until ground is broken. Mr. Hartmann stated that most of the funds should be spent in North Plymouth and could be used to complete renovations to Veterans Field, the rail trail, etc.
Mr. Vandini noted that Store Pond has been cleaned up and benches were added to make the area very attractive.
The Board members were supportive of the committee’s efforts to make their neighborhood a viable village center and thanked the committee for their years of service.
Paul McAlduff moved for the Board to send letters to the three property owners, the Building Commissioner and the Town Manager regarding clean up of the respective properties; the vote was unanimous (5-0).
Public Hearing
Amend Highway Commercial
Marc Garrett read the public hearing notice and opened the public hearing.
Lee Hartmann presented the history behind the proposed article to clarify language in the Zoning Bylaw under Section 205-56 – Highway Commercial (HC) that would prohibit the sale of new and used vehicles. In April 2000, when the HC district was proposed to Town Meeting, language was included that permitted the sale of new and used automobiles. In October of 2000, language was proposed to Town Meeting that created a five story overlay district and the curb cut language for special permits for curb cuts on a major street and specifically deleted the language that removed the language that allowed new and used automobile dealerships. A recent decision by the Zoning Board of Appeals assumed that the sale of new and used automobile dealerships is an allowed use, because it is not expressly prohibited in the Highway
Commercial zone. The proposed language for Spring 2010 Town Meeting will clarify the intent of the Board. Mr. Hartmann noted that due to the time frame for Town Meeting articles this public hearing would need to be continued before the Board votes on the proposal.
Atty. Richard Serkey spoke in favor of the amendment that would clarify the intent of the Board and Town Meeting to prohibit the sale of new and used automobile dealerships in the HC zone. He stated that there was no harm in making something that was implicit, explicit.
Ken Buechs spoke in opposition to the amendment as he felt the Town needs the economic development. He stated that the decision to allow or prohibit businesses should be decided on a case by case basis.
Mr. Garrett clarified that the Board is discussing the amendment to reaffirm the intent of the vote at the October 2000 Town Meeting, which was to prohibit new and used automobile dealerships and to reflect that vote in the Zoning Bylaw. The issue of whether automobile dealerships should be allowed in the HC zone is a separate debate.
David Gilvar, Viking Development, spoke in opposition of the proposed amendment.
Malcolm MacGregor stated that it was never the Board’s intent to allow automobile dealerships in the HC zone as there were provisions to allow automobile dealerships in other zones.
Paul McAlduff moved to continue to December 14, 2009 at 7:45 p.m.; the vote was unanimous (5-0).
BOA 3567 – Edmund J Corvelli
Gurnet - Saquish, Map 132, lot G-16
Mark Flaherty, Flaherty and Stefani, Inc. presented the request for special permits to waive the front yard setback requirement and to enlarge a non-conforming structure in order to replace second floor decks on an existing cottage at Saquish Beach. The new decks would measure 10’x16’ and 6’x20’. The decks would be 14' off the street right of way and would not be hazardous to the neighborhood.
Larry Rosenblum moved to recommend approval to the Zoning Board of Appeals subject to the following condition:
The deck shall not be enclosed or improved for year-round use, or altered, without additional review by the Building Inspector and Zoning Board of Appeals.
The vote was unanimous (5-0).
Discussion
Gunning Point Conceptual Plan
Atty. William Landry, representing LL Properties, presented a conceptual plan for a five lot subdivision off the existing layout for Gunning Point Road. Previous presentations to the Board included an 11 lot Village Open Space Development (VOSD) and an 8 lot VOSD on the 24 acre site. The current 5 lot proposal includes the NHESP conservation restrictions that were previously presented and also includes an agreement that there would be no further subdivision allowed. Atty. Landry felt that the current proposal would alleviate the concerns of the abutting neighbors.
Lee Hartmann noted that a 1958 approved subdivision plan shows the layout of this portion of Gunning Point Road. The plan creates adequate frontage on a way of suitable construction. Mr. Hartmann suggested that if the Board feels the concept has merit, abutters should be notified of any future meetings once the plan has been submitted. He noted that the plan should not be endorsed until there is a fully executed conservation restriction on the open space.
Larry Rosenblum and Paul McAlduff felt that the conceptual plan was heading in the right direction.
Malcolm MacGregor agreed with Mr. Rosenblum and Mr. McAlduff, but was not clear on whether a building could be constructed on the third lot.
Atty. Landry stated that the building envelopes could be shown on a future iteration of the plan.
Bill Wennerberg asked whether it was required to notify abutters of an ANR plan.
Marc Garrett stated that given the history of the project and the previous participation of the neighbors, the Board should extend the courtesy of notification to the abutting neighbors once the ANR plan is filed. Mr. Garrett requested that copies of the letter from Natural Heritage and the conservation restriction be submitted when the ANR plan is filed.
Discussion
B430 – Clark Estates - Drainage Repair
Marc Garrett reviewed a letter from Atty. Robert Betters regarding the completion of B430 Clark Estates subdivision.
Lee Hartmann stated that the developer has almost completed the development and there are four outstanding issues: final as-built plans; easement s on Lots 15-229 and 15-230; installation of street trees and repair of drainage on Ouimet Lane. There were several developers involved with the project and a request has been submitted to transfer the funds held by the Town to Atty. Betters who would act as the escrow agent and hold the remaining funds ($18,556.41) until a vote of the Planning Board releases said funds.
Paul McAlduff moved for the Board to release the funds held for B430 – Clark Estates to Atty. Robert Betters; the vote was unanimous (5-0).
Malcolm MacGregor moved to adjourn at 8:30 p.m.; the vote was unanimous (5-0).
Respectfully Submitted,
Eileen M. Hawthorne Approved: December 29, 2009
Administrative Assistant
| 
