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Planning Board Minutes August 30, 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, and Bill Wennerberg
Staff Members: Lee Hartmann and Valerie Massard
Recording Secretary: Eileen Hawthorne

Administrative Notes:
Minutes:
The Board approved the minutes of August 16, 2010 as presented.  

The Board will notify the Building Commissioner that access to Lot 71-30 on Map 56, Shore Road, does not meet the access standards under the Zoning Bylaw.  

The Board approved a modification to the building envelope for Lot 15-16 on Map 89 in the B524 – Orchard Hills Subdivision.

Paul McAlduff moved to approve the Administrative Notes as presented; the vote was unanimous (4-0).  

North Plymouth Steering Committee
        Review of Brainstorming Session
Valerie Massard began the review of the information gathered at the July brainstorming session with the North Plymouth Steering Committee (NPSC).  The brainstorming session is a prelude to the update process for the North Plymouth Master Plan.  Questions that participants were asked at the session included the following:  “What do you like/dislike about North Plymouth?”; “What would you like to see changed?”; “In the future, what most concerns you?” and “In the future, what are you looking forward to?”   A total of fifty-six comments were made and then prioritized by the participants.  The highest priorities were the revitalization of Cordage Park, increased use and promotion of the MBTA commuter service, better cooperation between businesses and merchants in the village towards beautification and code enforcement with respect to building maintenance.  Other priorities included better use of open space, maintaining aspects of the village’s unique character and public safety.  The next step will be to take the comments and draft goals for the updated master plan.  
Enzo Monti noted that the NPSC has realized most of the goals and objectives that were set forth in their 1992 Master Plan.   The Committee is ready to create new goals.
Charles Vandini, Chair, NPSC, stated that the Committee looks forward to working with Valerie Massard to organize their goals and objectives and implement an updated Master Plan.  
Marc Garrett asked if the NPSC was in agreement with the draft documents that were submitted to the Committee.
Joan Tassinari stated that the NPSC was in agreement.  
The Planning Board was very supportive of the NPSC and Staff’s progress toward the beginning of the master plan update process.  
Lee Hartmann stated that the brainstorming session is the beginning of the process and that the draft will be changed and edited as the group works together to create a strategy for the next 15 years in North Plymouth.   
Ms. Massard thanked the NPSC for being such a positive group to work with and noted that the next meeting to move forward with the process will be in October.   

BOA 3596 – Wood Builders Development Realty Trust
        Orense Street/Map 3, Lots 1-289 through 1-293
Valerie Massard presented a request for a special permit for access with proposed access improvements in order to construct a single family dwelling on property located on Map 3, Lots 1-289 through 1-293 (off Durigan Street, north of Route 3).  In 1995 the Board of Appeals granted a variance of access way (BOA 2698) in which similar improvements were proposed but never constructed.  The petitioner proposes to improve 300 ft of 16 ft. wide paved roadway with widening, construction and the addition of 12 inch berms on either side of Durigan Street and within the Orense Street layout.  Two catch basins with separate leaching areas will also be installed for drainage.  
Larry Rosenblum asked what the maximum grade of the road is.
Mark Flaherty, Flaherty & Stefani, Inc. replied that the grade is about 8 percent.  
Paul McAlduff moved for the Board to recommend approval to the Zoning Board of Appeals subject to the following conditions:
Prior to the issuance of a Certificate of Occupancy, said improvements, as shown on the plans, are to be installed under the supervision of a Registered Professional Engineer.  The engineer must certify that the improvements noted above have been installed in accordance with the plans and with accepted installation practices.
Only one single-family home shall be constructed.
The vote was unanimous (4-0).  
        
BOA 3595 – Ankstitus
        125G Taylor Ave/Map 45C, Lot 12
Robert Ankstitus presented his petition for Special Permits to vary the front setback requirements and to enlarge a non-conforming structure in order to construct a portion of a new cantilevered deck to an existing deck that is allowed by-right and to enclose a sunroom post facto.  The deck would have composite white railings to match the existing structure.  
Valerie Massard pointed out the location of the proposed deck and stated that it would make sense to connect the side deck.  Ms. Massard noted that there are some zoning issues that need to be resolved with the Building Commissioner and should be worked out prior to the issuance of building permits.  Ms. Massard noted that the enclosure of the sunroom is in question.  
Lee Hartmann noted that staff is recommending favorably on the petition.  
Mr. Ankstitus presented a copy of the building permit for the enclosure of the sunroom which he stated he has not reviewed with the Building Commissioner.
Mr. Hartmann suggested that Mr. Ankstitus present the building permit for the sunroom to the Building Commissioner.  
Larry Rosenblum moved for the Board to recommend approval to the Zoning Board of Appeals subject to the following conditions:
The deck shall not be modified for year-round use or enclosure as living space.
Conservation Commission permits for all work at the site, as identified in Case #3297 and for work subject to this special permit, are required prior to issuance of a Building Permit.
Building Permits shall not be issued until such time as the Zoning Violations as identified in the July 2010 Zoning Violation are resolved to the satisfaction of the Building Commissioner.
The vote was unanimous (4-0).

BOA 3590 – Chris Renfree
        151 Taylor Ave/Map 45C, Lot 3
Chris Renfree, Architect, presented a request for Special Permits to waive the front, side and rear yard setbacks and to alter and enlarge a non-conforming structure in order to reconstruct and expand existing decks on a single family dwelling.  The proposed decks would connect both egresses for the existing dwelling.  Mr. Renfree presented architectural drawings of the proposed decks.  Three piers will be added to the existing piers to support the proposed decks.  Mr. Renfree stated that he received positive feedback from the Design Review Board and the Manomet Steering Committee.  
Valerie Massard thanked Mr. Renfree and Randy Parker for their patience throughout the process.  The ocean front property is located off Taylor Ave.    Ms. Massard recommended a 6 ft. wide deck in the rear would be safer than the existing deck, and 4 ft. wide stairs for greater safety concern.  Ms. Massard noted that the Planning Board has never supported expanding structures on White Horse Beach due to the repetitive storm damage at this location and the crowded conditions.  For these reasons, staff recommended against the side “wrap around” portion of the proposed deck, and did not support the full proposed size of the rear deck as shown on the plans.  Ms. Massard agreed that potential storm damage would be lessened if the stairs were parallel to the beach in the rear.   
Larry Rosenblum and Paul McAlduff agreed that the proposed design as presented by the petitioner was appropriate.  
Marc Garrett, while appreciating the need to broaden the deck, was concerned with erosion on the coastline and that this property is in a VE zone.  He was not supportive of further encroachment of the setback area and the potential safety hazard.   
Larry Rosenblum moved to recommend approval to the Zoning Board of Appeals of the plans presented by the architect subject to the following conditions:
The decks shall not be modified for year-round use or enclosure as living space.
Prior to issuance of a Building Permit, the plans shall be revised to show the approved construction to the satisfaction of the Building Commissioner, and shall reflect the name of the Petitioner and Owner at the time of the new plan.
The vote was (2-2) with Marc Garrett and Bill Wennerberg in opposition.
The Board agreed to send a recommendation to the Zoning Board of Appeals outlining their reasons for support and opposition.  

B524 – Orchard Hills    
        Conceptual Modification
Atty. Robert Betters presented a conceptual plan to modify B524 – Orchard Hills subdivision.  The subdivision is a 16 lot residential subdivision with open space.  The roads are almost complete and four houses have been constructed.  Phase Two was discussed schematically during the approval process for Phase One.  The petitioner has purchased additional property and would extend an existing roadway.   
Don Bracken, of Bracken Engineering presented the revised plans which would extend the existing roadway by 1000 ft and create an additional eight lots and reconfigure some of the lots in the existing subdivision.  Emergency access would be through Holman Road and through a connection to the built Orchard Hills cul-de-sac.  The lots would have private wells and septic systems and vary in size from 40,000 to 60,000 sq. ft. The new low impact drainage guidelines would be implemented.   
Atty. Betters asked the Board to consider whether inclusionary housing would be applicable for Phase Two; whether the second phase would be exempt; or whether a waiver of inclusionary housing would be appropriate in this development.  He asked the Board to consider in lieu of inclusionary housing the following:  Lot 27 could be transferred to Fish and Wildlife; the open space could be reduced and rezoned commercial; other land could be dedicated for an affordable home; or a cash contribution for affordable housing could be made to the Town.   
Lee Hartmann stated that the goal is to be as flexible as possible in regards to the inclusionary housing.  Mr. Hartmann also felt that the proposed expansion of the existing subdivision was reasonable, but would be subject to public comment during the public hearing process.  He noted that the residents in the area were very vocal during the original public hearing.  
Valerie Massard noted that the site is adjacent to the Lout Pond well open space and the proposed layout of Phase Two reflects discussions with neighbors during the public hearings for the original subdivision.
Paul McAlduff and Larry Rosenblum felt that the affordable housing has to be accommodated in the plans for Phase Two.   
Atty. Betters noted that only Phase Two would be subject to inclusionary housing.  
Bill Wennerberg and Marc Garrett expressed their concerns regarding the practicality of affordable housing in this subdivision.  
Mr. Garrett stated that this site is unique and there may be an opportunity to create a connection between Town Brook and the Eel River Watershed.  He also felt that their might be some flexibility with the location of the affordable housing.  
Larry Rosenblum stated that the length of the proposed cul-de-sac was of concern.  He also requested that future presentations should include the land that may be rezoned for commercial purposes.  



Other Business:
B566 – Smith RDD
Marc Garrett noted that the Board received a signed copy of the text for the RDD Special Permit for B566 – Smith, East Russell Mills Road in their packets.   

Larry Rosenblum moved to adjourn at 8:46 p.m.; the vote was unanimous (4-0).

Respectfully Submitted,




Eileen M. Hawthorne                                     Approved: September 13, 2010
Administrative Assistant