Town of Plymouth, MA - Planning Board Minutes July 19, 2010

Planning Board Minutes July 19, 2010

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, Tim Grandy, and Bill Wennerberg

Staff Members: Lee Hartmann and Valerie Massard

Recording Secretary: Eileen Hawthorne

Administrative Notes:

Minutes:

July 12, 2010

Tim Grandy moved for the Board to approve the minutes of July 12, 2010; the vote was (3-0-1) with Paul McAlduff in abstention.

Bill Wennerberg joined the meeting.

Committee Appointments

The Board made the following committee appointments:

Cedarville Steering Committee – Andrea Nedley – One year term

Open Space Committee – No Applicants

Planning Board Alternate – Kenneth Buechs – One year term

Plymouth Center Steering Committee – Stephen Mattern – Three year term

Mr. Hartmann stated that Alicia McGregor missed the application deadline, but would like to be considered for the Open Space Committee position.

Paul McAlduff moved for the Board to waive the advertising requirement for the Open Space Committee vacancy and nominated Alicia MacGregor who has expressed an interest in the position.

Marc Garrett suggested inviting Ms. MacGregor to the next Planning Board meeting.

Paul McAlduff amended his motion to waive the advertising requirement and to include inviting Ms. MacGregor to the next Planning Board meeting for an interview; the vote was unanimous (5-0).

Public Hearing – B565 – Wood (cont. from 5/10, 6/7, & 6/14)

RDD/Wyndemere Court

Mark Flaherty, Flaherty and Stefani, Inc., presented a revised plan for a residential subdivision including one lot with an existing single family dwelling; one new residential lot and an open space lot. The revised plan showed the proposed building envelope for the new residential lot and a relocation of the existing driveway. The proposed new single family dwelling would be in excess of 2000 sq. ft.

Lee Hartmann noted that after a site visit attended by the proponent, Mr. Flaherty, staff, Mr. Wennerberg, Mr. Rosenblum, and Dorothea Gay – a direct abutter. He noted that conditions Nos. 3, 4, and 5 were drafted to address the Board’s and the abutter’s issues. The conditions are as follows:

The first 50 feet of the driveway shall be paved.
Prior to the issuance of a Zoning Permit or Building Permit the Petitioner shall mark in the field the trees and vegetation to be removed. The limits of vegetation removal shall be reviewed by the Planning Department and approved by the Planning Board.
A building and yard envelop area for Lot 2-3l shall be approved by the Planning Board and shown on the final plan.

Public Comment:

In Favor:

Dorothea Gay stated she was comfortable with the revised plan.

In Opposition:

None

Bill Wennerberg moved for the Board to approve B565 – Wood RDD subject to the following conditions:

The Petitioner has agreed to waive its right to any further residential development of the premises that results in a more intense or dense use, regardless of any local, state or federal criteria to the contrary, pursuant to the provisions of Massachusetts General Laws, Chapters 40A and 41, and this shall be noted on the RDD plan, as well as incorporated into the Protective Covenants and Restrictions imposed by the Petitioner on the lots within the RDD development. Said Protective Covenants and Restrictions shall include provisions for the open space as described in the conditions below.

A total of two dwelling units are allowed on the property (Lots 2-31, 2-32 and 2-33). The Petitioners agree to abandon any grandfathered rights associated with and the use of the 24’ by 27’ secondary structure as a dwelling. Only one (1) dwelling unit is allowed on Lot 2-31 and only one (1) dwelling unit is allowed on Lot 2-33.

The first 50 feet of the driveway shall be paved.

Prior to the issuance of a Zoning Permit or Building Permit the Petitioner shall mark in the field the trees and vegetation to be removed. The limits of vegetation removal shall be reviewed by the Planning Department and approved by the Planning Board.

A building and yard envelop area for Lot 2-3l shall be approved by the Planning Board and shown on the final plan. Trees with a 3” dbh or less and underbrush that is located outside the building/yard envelop may be removed. The pruning of the understory of trees with a dbh greater than 3” is permitted.

Prior to endorsement of the Plan, verification of payment of the back taxes, interest and fees owed to the Town for the land shown on the plan, if any, is to be provided to the Planning Board.

Only one (1) curb cut for a shared common driveway is allowed.

The Plan shall be revised to detail the conditions of the approval, as needed, and notes specifying the conditions will be incorporated into the plan or the decision will be recorded at the Plymouth County Registry of Deeds with the plan.

Plan revisions shall include a detail for concrete bounds delineating the boundary of the open space.

Prior to issuance of a building permit for the new building lot:

Five (5) sets of full sized copies of all drawings comprising the RDD Plan with one complete set of reproducible plans (mylars) will be delivered to the Planning Board and one (1) electronic copy of the plans shall be delivered in a format acceptable to the Town Engineer.
Evidence that the Protective Covenants and Restrictions on the land, and this decision, have been recorded must be presented to the Planning Board.

Prior to a certificate of occupancy, evidence that the concrete bounds delineating the boundary of the open space have been properly installed.

The Petitioner agrees to create a condominium or homeowners trust as the form of ownership of the open space. Said condominium or homeowners trust shall be in place prior to the issuance of Occupancy Permits.

The Petitioner has agreed to provide a maintenance program for the common drive areas to be maintained by the condominium or homeowners trust, which shall be detailed in the condominium or homeowners trust documents for this project.

The open space within the project is to be privately owned and maintained by the condominium association or homeowners trust in a manner consistent with conservation and passive recreational purposes as a separate lot, as noted in this decision. The open space is serving as a wooded natural buffer to neighboring residences and shall remain primarily in its undisturbed natural condition. The Protective Covenants and Restrictions noted in conditions above shall include such restrictions. In the event that the condominium or homeowners trust should no longer be in existence, the disposition of the open space, consistent with the conservation and passive recreation, primarily in its undisturbed natural condition, uses as contained herein, shall be determined through a mutually agreeable alternative as approved by the Planning Board.

The first 50 feet of the driveway shall be paved.

A building and yard envelop area for Lot 2-3l shall be approved by the Planning Board and shown on the final plan.

Prior to endorsement of the Plan, verification of payment of the back taxes, interest and fees owed to the Town for the land shown on the plan, if any, is to be provided to the Planning Board.

Only one (1) curb cut for a shared common driveway is allowed.

Plan revisions shall include a detail for concrete bounds delineating the boundary of the open space.

Prior to issuance of a building permit for the new building lot:

Five (5) sets of full sized copies of all drawings comprising the RDD Plan with one complete set of reproducible plans (mylars) will be delivered to the Planning Board and one (1) electronic copy of the plans shall be delivered in a format acceptable to the Town Engineer.
Evidence that the Protective Covenants and Restrictions on the land, and this decision, have been recorded must be presented to the Planning Board.

Prior to a certificate of occupancy, evidence that the concrete bounds delineating the boundary of the open space have been properly installed.

The vote was unanimous (5-0).

Site Plan Review

Emergency Operations Center, Cedarville Fire Station

William Murray, PLACES Site Consultants, Inc., Greg Carell, The Carell Group, and Aaron Wallace, Emergency Management, presented a plan for an addition to the Cedarville Fire Station in order to construct a 3,900 sq. ft. single story emergency management operations center. The addition will match the exterior of the existing fire station and consist of a meeting room, office space and will access the existing restrooms in the fire station. Existing parking will be reduced by one space. A new septic system is proposed and be reviewed by the Board of Health. An emergency generator will be located at the rear of the addition.

Tim Grandy asked about the time frame for construction and how long the community center would be unavailable.

Mr. Carell replied that they are looking to go to bid in September with construction to begin in April. The community center would be unavailable for approximately six months.

Paul McAlduff expressed his concerns with the closing of the community center as it is utilized as a polling place and by several community groups.

Larry Rosenblum asked how many people would work in the addition on a daily basis.

Mr. Wallace stated that there will be two staff members on a daily basis and during an emergency there could be up to 45 people. During an emergency, there would be 22 computer and phone stations, televisions, and monitors that would be used by state and local emergency response organizations.

Keven Joyce, acting chair of the Cedarville Steering Committee, expressed his concerns with the closing of the community center. He suggested bringing in a trailer to accommodate those that use the community center on a regular basis.

Marc Garrett asked if there have been any discussions regarding alternative meeting sites for groups that use the community center.

Mr. McAlduff suggested the New Testament Church and reaching out to the school regarding use of the Jocelyn Center as alternative sites for meetings.

Mr. Garrett stated that in addition to the Jocelyn Center, Indian Brook School, Camp Bournedale and the Atlantic Country Club could be possible meeting locations.

Larry Rosenblum moved for the Board to notify the Building Commissioner that the site plan complies with the minimum requirements of the zoning bylaw after the following issues are addressed.

Compliance with the Prevention of Light Pollution Zoning Bylaw must be documented. Lighting details should be submitted.

Compliance with ADA requirements must be documented.

Prior to issuance of an Occupancy Permit: a Registered Professional Engineer must certify that the drainage system, driveways, curbing and parking areas have been installed; and a Registered Landscape Architect or other qualified licensed professional must certify that the required landscaping has been installed; all according to accepted practices and in compliance with the Zoning By-law and the approved site plan.

The vote was (5-0).

BOA 3586 – Thomas Donovan

23 Cape Cod Ave/Map 48, Lot 53-379

BOA 3587 – Thomas Donovan

21 Cape Cod Ave/Map 48, Lot 53-378

BOA 3588 – Thomas Donovan

33 Brush Hill Ave/Map 48, Lot 53-380

BOA 3589 – Thomas Donovan

19 Cape Cod Ave/Map 48, Lot 53-377

Steven Kotowski, Webby Engineering Inc. presented revised plans for the above mentioned BOA cases for three single family dwellings with access and egress off Cape Cod Ave. The plans also detail the proposed driveway locations, circulation on the site, retaining wall, stockade fence and landscaping.

Valerie Massard thanked Mr. Kotowski for meeting and working with staff to address the Board’s concerns. Ms. Massard stated that staff is supportive of the revised approach which eliminated the middle structure on Cape Cod Ave.

Larry Rosenblum suggested creating a single curb cut on Cape Cod Ave.

Paul McAlduff expressed his concerns with the massing on the site.

Tim Grandy was supportive of the two curb cuts with the landscaped area in the middle.

Bill Wennerberg suggested narrowing the driveways and increasing the landscaped area. Mr. Wennerberg also suggested planting 3 deciduous and 3 evergreen trees per lot.

Marc Garrett suggested creating a single width access off Cape Cod Ave that would flare into a larger open space area and replacing some of the substantial trees that will be removed with new substantial trees.

Valerie Massard stated that a landscape plan with details on the retaining wall could be submitted at a future date.

Public Comment:

In Favor:

None

In Opposition:

Eileen Collins

Tim Grandy moved for the Board to recommend approval to the Zoning Board of Appeals of the revised plan showing three single family dwellings subject to the following conditions:

BOA 3586 – Thomas Donovan

23 Cape Cod Ave/Map 48, Lot 53-379

BOA 3588 – Thomas Donovan

33 Brush Hill Ave/Map 48, Lot 53-380

BOA 3589 – Thomas Donovan

19 Cape Cod Ave/Map 48, Lot 53-377

Prior to the issuance of a Building Permit, the Petitioner shall return on an informal basis to the Design Review Board and Planning Board for comments, with final review/approval by the Board of Appeals, with more detailed plans to show the following:

Show evidence of payment of any back taxes owed to the Town, if any, on the subject property.
The Petitioner has agreed that the total bedroom count for the lot shall be no more than three (3) bedrooms, and a note to this effect shall be added to the plans.
Reflect the plan dated July 12, 2010 to the Planning Board which eliminates the cottage proposed in BOA Case # 3587.
Some flexibility in final building locations (plus or minus four (4) feet, and some added deck space is supported outside of the existing footprints in light of razing the middle cottage.
Reflect existing conditions depicting the existing front steps of the structure with the existing front yard setback from the steps, and (b) to show on the proposed new construction the proposed front yard setback from the steps not exceeding the existing conditions.
Preserve some of the trees, if possible – Prior to the start of clearing of the land, and after the staking of the property, there shall be preconstruction site walk, to mark and protect trees that can and therefore shall be preserved;
Landscaping plan to include trees for screening & shade to help maintain community character, said plans to include a mixture and staggering of evergreen trees (at 7-8’ height, installed) and deciduous trees (with a 2-1/2 to 3-1/2-inch caliper, installed);
Fence and retaining wall materials and heights;
Exterior finish materials for the structure, which will vary the architecture and colors to some extent on the three front facades to be complementary, similar, but not identical, to be in keeping with the neighborhood;
Depict vehicle maneuvering in the rear; some flexibility with parking and garage configurations from the July 12, 2010 plan is supported;
“Neck down” the parking entry from the July 12, 2010 plan on #19 Cape Cod Avenue to reduce the width of the drive, widening out to provide the two parking spaces.
Further details on drainage structures and septic systems, and their related setbacks.
Satisfaction of the requirements of the Fire Chief, if any, and fireproof siding where structures are within 15 feet of another structure – said siding shall meet or exceed Fire & Building code requirements; and residential fire suppression sprinklers shall be installed.

The vote was (4-1-0) with Paul McAlduff in opposition.

BOA 3587 – Thomas Donovan

21 Cape Cod Ave/Map 48, Lot 53-378

Tim Grandy moved for the Board to recommend that the Special Permits and requested waivers be DENIED for the following reasons:

The Petitioner presented revised plans on July 19, 2010 to the Planning Board which eliminate the cottage proposed in the property subject to this petition: BOA Case # 3587. When taken together in context, the Planning Board is recommending, and the Petitioner is agreeable to, a denial of reconstruction of the unit on BOA #3587, which is the middle house situated on Cape Cod Avenue, while approving the remaining three (3) petitions according to this revised plan (with conditions).

The proposed use, a three-story single-family house, is appropriate within the R20SL Zone; however, the Board is of the opinion that the project as presented will negatively affect the existing residential pattern found on Cape Cod Avenue (east). The reconstruction, as proposed in relation to the four petitions (see BOA #3586, #3587, 3588 and 3589 on abutting parcels in common ownership), will create three 30-foot high structures approximately 10 feet apart on Cape Cod Avenue, with limited yard space. Approximately 25 feet width of rear yard space will remain between structures, portions of which will be used as a common access drive, maneuvering space for vehicles, as well as septic system layouts. The majority of the existing trees (pitch pine and oak) will be removed, with the exception of the trees along Brush Hill Avenue. There is no meaningful opportunity to create landscaping or screening for this dwelling from the immediate abutters to the east and to the west as proposed as presented in the plans, and all existing trees will be removed under the proposed plans.

The petition will be a nuisance or be substantially more detrimental than the existing non-conforming structure and to the neighborhood. The reconstruction, as proposed in relation to the four petitions (see BOA #3586, #3587, 3588 and 3589 on abutting parcels in common ownership), will create three 30-foot high structures approximately 10 feet apart on Cape Cod Avenue, with limited yard space. Approximately 25 feet width of rear yard space will remain between structures, portions of which will be used as a common access drive, maneuvering space for vehicles, as well as septic system layouts. The majority of the existing trees (pitch pine and oak) will be removed, with the exception of the trees along Brush Hill Avenue. There is no meaningful opportunity to create landscaping or screening for this dwelling from the immediate abutters to the east and to the west as proposed as presented in the plans, and all existing trees will be removed under the proposed plans. The 10-foot setback between 3-story, garage-under structures as proposed is a greater hazard for emergency vehicle access than existing conditions: single-story, elevated cottages.

The vote was (4-1-0) with Paul McAlduff in opposition.

Other Business:

Covenant Endorsement – B437 - Penick Knoll

Bill Wennerberg recused himself.

Paul McAlduff moved to for the Board to endorse the covenant for B437 – Penick Knoll; the vote was (4-0).

Lee Hartmann presented a letter from the Open Space Committee regarding their appointment to the Industrial/Commercial/Office Land Study Committee. The letter requested that the Open Space Committee and Conservation Commission have two representatives on the committee. Paul McAlduff was not supportive of increasing the committee.

Marc Garrett suggested drafting a letter to the Open Space Committee requesting that they appoint a single representative to the Committee.

Bill Wennerberg moved for the letter requesting a single representative from the Open Space Committee be sent to the Open Space Committee; the vote was (4-0-1) with Larry Rosenblum in abstention.

Bill Wennerberg moved to adjourn at 9:18 p.m.; the vote was unanimous (5-0).

Respectfully Submitted,

Eileen M. Hawthorne Approved: August 2, 2010

Administrative Assistant