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, Tim Grandy, and Bill Wennerberg
Planning Board Alternate: Ken Buechs
Staff Members: Lee Hartmann and Valerie Massard
Recording Secretary: Eileen Hawthorne
BOA 3619 – Molu LLP
32 Nameloc Rd, Map 54, Lot 5-5-4A
The Board received the following documentation* for review of this case:
Staff report dated January, 2011
2001 Board of Health Plan for 32 Nameloc Road
Locus Map and Site Photographs
Petitioner’s Plan dated 9-29-10
Randy Parker, Land Management Systems, Inc., presented a request for a Special Permit per Section 205-44 and Table V to waive the front and side setback requirements in an R20MD Zone in order to relocate a foundation, septic system, shed and single family dwelling. The front setback would be reduced from 20 ft. to 10 ft. in order to move the single family structure away from the eroding bluff.
Valerie Massard noted that a number of homes are in jeopardy where erosion is eating away the 140 ft. bluff. The home was moved away from the bluff and placed on temporary blocks when the deck fell over the bluff after a storm. The house was built somewhere around 1920 and met the 20-10-10 setbacks. They are trying to maintain a 10 ft. setback from the front, a 21 ft. setback in the rear with a 6 ft. setback increased to 55 ft. on one side and a 50 ft. setback on the opposite side reduced to 11 ft. A gabion basket seawall has been installed to try to prevent and slow the erosion of the bluff. The Board of Health states that it is possible to seek variances for the proposed septic system and the location of the house. Staff is recommending support of the request, subject to
conditions outlined in the staff report.
Paul McAlduff asked if there would be no expectation of liability for the Town if this petition was granted. Mr. McAlduff was reluctant to support the request given the rate of erosion along the coast.
Mr. Parker stated that there was no expectation of liability for the Town.
Bill Wennerberg asked if anyone was living in the dwelling and whether the installation of the gabion baskets has been completed.
Mr. Parker stated that the year round home is currently uninhabited and that the gabion baskets have been installed. Mr. Parker noted that the property to the north of this site installed gabion baskets and there are trees now growing on the bluff.
Public Comment:
None
Tim Grandy moved to recommend approval to the Zoning Board of Appeals subject to the following conditions:
The Petitioner must meet Health Department requirements regarding the existing septic system if the structure is moved.
The Petitioner must obtain appropriate approvals under the Wetlands Protection Act for any work proposed with in a buffer zone or resource area.
The vote was unanimous (4-0).
BOA 3617 – American Legion Post No. 40
199 Federal Furnace Rd, Map 95, Lot 46
The Board received the following documentation* for review of this case:
Discussion Points and Staff Report dated January, 2011
Fire Department Comments dated December 27, 2010
Zoning Board of Appeals Decision for Case No. 2506, dated April 15, 1992
Building and Zoning Cards
Locus Map and Site Photographs
Landscaping Plan by E. A. Fuller, dated November 10, 2010
Existing Conditions Plan, Grading and Utilities Plan, Erosion and Sedimentation Control Plan, and Detail Sheet, by Flaherty and Stefani, Inc., dated November 10, 2010
Atty. Edward Angley and Mark Flaherty, Flaherty and Stefani, Inc. Nick Filla, Architect and Edward Fuller, Landscape architect, presented a request for a Special Permit to demolish an existing structure and rebuild a larger private club and to waive off street parking criteria and conditions.
Lee Hartmann noted that staff has spent considerable time with the applicant and neighborhood abutters to draft acceptable conditions. The revised staff report* that was handed out at the beginning of the meeting reflects the conditions as discussed.
Atty. Angley stated that due to the flooding conditions this spring, the American Legion clubhouse was underwater. The plans are to demolish the existing structure and construct a new, larger structure away from the shore.
Mark Flaherty, Flaherty and Stefani, Inc., presented handouts* including 11x17 copies of the existing conditions and grading and utilities plans with photographs of the existing building and parking lot. This past spring, the excessive rain storms caused Little West Pond to breach Federal Furnace Road and to rise to elevation 89.3 which engulfed the existing building. The Building Commissioner determined that the existing building was unfit for human habitation. The existing 6,300 sq. ft. building will be demolished and the new building consisting of 7,200 sq. ft. will be located 80 ft. away from the pond. The seating capacity originally proposed at 274 will be reduced to 260 seats. The existing ingress and egress off Federal Furnace Road will remain. The existing parking lot will be reconfigured to
contain ninety-two, nine ft. wide spaces and will be moved away from the vegetated wetland on the site. The Conservation Commission will have to approve any plantings that are proposed within 35 ft. of the wetland area. Drainage will be installed to meet stormwater requirements and a new septic system will be installed. Current sight distances meet the minimum requirements, but will be improved with the removal of existing vegetation along Federal Furnace Rd and the relocation of the existing signage.
Marc Garrett asked what the 100 year flood plain elevation is for the site.
Mr. Flaherty replied that FEMA has not classified the site as within a flood zone.
Nick Filla, Plymouth Architects, handed out* the side elevations and proposed material list for the new building. The new building will be the same shape as the current building and will meet building code. The interior has been reconfigured for better flow and consists of a function room, member’s area with central bathroom and kitchen facilities. The front elevation consists of separate entrances for the function and member areas. A cupola has been proposed. The exterior façade will have two horizontal elements consisting of clapboard siding with a chair rail. Vertical siding will be installed above the chair rail.
Ed Fuller, landscape architect, presented the proposed landscape plans that include three components: zoning compliant, functional and discretional landscaping. The zoning compliant landscaping meets the requirements for screening, buffering, and setbacks of the parking from street by reserving natural vegetation and enhancing it with additional plantings although in a few instances the 10 ft. setback from the street will be 8 ft. – they will review if they can pull back the front parking bay to avoid this. The proposed landscape plan exceeds the number of trees required by Zoning and the existing trees along the street exceed the bylaw requirements. Discretionary landscaping includes plantings within the parking lot islands that will consist of Hydrangea, Juniper, Rhododendron, Hybrid Roses, Spirea,
Vibernum, and herbaceous perennials including Day Lilies and Black-eyed Susans. Also, shade trees including Red Maple, White Ash, Black Tupelo and Select Callery Pear. A New England Conservation wildlife mix will be spread in the graded areas. Functional landscaping will be installed to provide shade in the parking lot and additional landscaping to buffer the neighbor which will be determined once the Conservation Commission determines what will be allowed within the buffer. There is flexibility to move some of the landscaping while not harming the intent of the plan. The suggested items for discussion regarding reconfiguring the parking and revised sight lines along Federal Furnace Road are acceptable. The additional landscaping suggested by the abutters between the new building and the wetland/property line shared with Lot 1-A, will need to be submitted to the Conservation Commission as the plantings would be within a buffer zone.
Atty. Angley agreed that the design and installation of a vegetative barrier for sight and sound mitigation along the parking area and building line will be added as long as the Conservation Commission approves. A waiver of parking has been requested to reduce the size of the parking spaces from 10 ft. to 9 ft.
Mr. Flaherty stated that there are 90 existing parking spaces and the proposed plan shows 92 parking spaces. Ten foot wide parking spaces could be created, but would require cutting into the hillside and installing retaining walls. Natural Heritage has submitted comments that the stie will not require a take under MESA.
Tim Grandy asked if the new septic system would be a pump system.
Mr. Flaherty replied that the new Title 5 septic system would be a pressure dosing facility which is a pump system.
Lee Hartmann stated that Plymouth has a tradition of neighborhood clubs which are allowed by special permit - John Alden, Garibaldi, Cold Spring, Young American, Moose Lodge, Seaside, American Legion and VFW. The site improvements and environmental benefits include relocation of the clubhouse, parking with improved drainage and installation of a new septic system. There are neighborhood issues, some of which have been addressed in the proposed conditions.
Alan Zanotti, West Ponds Association, noted some additional conditions that addressed some of the neighborhood concerns include: prohibiting gazebos or additional outdoor gathering structures with the exception of a temporary 8’x8’ tent to be used for wedding ceremonies and reducing the size of the full basement to 1,800 sq. ft. to be used for HVAC equipment and additional bathrooms with the remainder as a crawl space. A separate agreement may be drafted between the proponents and the neighborhood which would include: prohibiting outdoor, organized noisy sports or events and returning the three season pavilion to an open air pavilion. Additional items of concern are the proposed deck, stationary windows and soundproofing; limiting parking lot activity, notification of motorcycle rallies, outdoor smoking areas,
and hours of operation. Mr. Zanotti has suggested that the hours of operation be similar to those at Plimoth Plantation where the bar closes at 10:00 p.m., the music ends at 10:30 p.m. and guests are gone by 11:00 p.m.
Public Comment:
In Favor:
Phil Ryan, a 38 year member of the American Legion, Post Chaplin and chairman of Legion’s building committee, felt that the proposed plans are an improvement to the existing conditions. Mr. Ryan agreed to work with the neighbors to minimize noise. He also noted several examples of the Legion’s participation and presence in the community through donations and fund raising. For example, this year the Legion’s Toys for Tots fund raising collected $1600 in cash and toys which was donated to the Salvation Army. They have a motorcycle club that meets on Sunday mornings and the time of the meetings may be moved from 7:00 a.m. to 10:00 a.m. to reduce noise impacts for residents.
Richard Tupper suggested that trees be removed along Federal Furnace Road to Goodwin Road. Mr. Tupper asked how the pond would be protected during the demolition of the existing building.
Atty. Angley replied that the Town would have to give permission to clear trees and vegetation within the right of way along Federal Furnace Road to Goodwin Road, but agreed to clear brush on the Legion’s property. He was unsure what steps would need to be taken during demolition but will meet any conditions set forth by the Conservation Commission and the Building Department.
Opposition:
John Hedge, an abutter, expressed his concerns with the noise generated by the American Legion.
Paul D’Angelo expressed his concerns with the noise that travels across the water and a social club being used as a commercial operation.
Mr. Hartmann noted that there is an existing use and structure. The existing structure could be put on pilings in the existing location without any of the proposed improvements except the new septic system.
Paul McAlduff noted that the proposed improvements are for the good of all by keeping the pond cleaner. Mr. McAlduff was supportive of the proposed cupola. He suggested designating the patio areas for outdoor smoking instead of near the building entrances. He encouraged the Legion to work with the neighbors regarding minimizing the noise generated.
Tim Grandy was also supportive of the proposed improvements including the building relocation, drainage and septic system. Mr. Grandy also encouraged the Legion to continue the discussions regarding noise mitigation.
Marc Garrett suggested that a condition could be added to the recommendation that would limit the hours of operation for functions in order to reduce the amount of noise.
Mr. Ryan stated that he would talk to the Legion’s bar committee regarding the hours of operation for functions. He noted that the function contracts are usually for a four hour rental.
Bill Wennerberg was not supportive of adding a condition limiting hours, but encouraged the Legion to continue working with the neighbors. Mr. Wennerberg felt that the proposed plans are an improvement to the existing conditions.
Tim Grandy moved to recommend approval to the Zoning Board of Appeals with the following note and subject to the following conditions:
NOTE:
The Planning Board is concerned about the hours of operation. A condition that limits the hours of operation should be included in the conditions of the final special permit, if granted. At the time of the Planning Board’s review, the Petitioner and the neighborhood residents were still discussing acceptable hours of operation, and for that reason, the Planning Board has not included that condition with its advisory report.
CONDITIONS:
The seating capacity shall be reduced to 260.
The new building is generally approved as a 26-foot average height with a cupola at 31 feet in height.
There shall be no amplification of music, voices or other sounds outside.
Sound-proofing shall be added to the building to minimize the impact on abutting properties of noise from the facility, including walls and ceilings.
There shall be no windows on the side of the building facing Lot 1A, or facing Lot 36E.
Outdoor lights shall be dimmed after 2 am.
No gazebos or additional gathering structures shall be added to the site, with the exception of temporary function tents not to exceed 8’ x 8’ in footprint size.
The full-sized basement of the new building shall have a maximum size of 1800 square feet, which shall be used for storage, utilities and restrooms; the remainder of basement shall be limited to crawl space.
Light posts shall have a maximum height of fifteen feet. The proposed lighting must comply with Section 205-65 (Prevention of Light Pollution) of the Zoning Bylaw. The location, pole material, and light fixture shall be reviewed by the Planning Board and approved by the Zoning Board of Appeals.
Signage shall be added inside the building and in the parking area reminding patrons to be respectful of abutting neighbors.
Prior to issuance of a Building Permit:
- The Petitioner shall revise the site plan, and landscaping plan, in order to address the following issues, with advisory review by the Planning Board and subject to final approval by the Board of Appeals:
- Reconfigure the parking bay at the Federal Furnace frontage, relocating it to the northwesterly portion of the lot with a slightly deeper bank cut, in order to preserve the existing trees or allow for additional plantings between the parking lot and the abutter on Lot 1A.
- Landscaping which includes evergreens, both trees and shrubs, shall be added along the property line adjacent to Lot 1A between the wetland, parking lot and new building, in a staggered manner to provide screening and sound buffering (may include fencing adjacent to the building). A sketch plan of this proposed planting will be prepared by the landscape architect, subject to Conservation Commission approval.
- Sound-proofing plans for the building shall be reviewed by a qualified Town employee, or a qualified professional paid for by the Petitioner, in an advisory role to the Planning Board and Board of Appeals.
- Revised plans shall demonstrate that sight lines are appropriate at the entrance/exit on Federal Furnace so that visibility is not impeded by the proposed plantings.
- Architectural plans that include color, materials, height and elevation views for all 4 sides of the building. No sliding glass doors shall be allowed along the deck.
- Drought-tolerant plantings along the pond-side (rear) of the building will be considered, after consultation with the Landscape Architect to determine which plantings would be recommended, subject to Conservation Commission approval.
- A stockade fence shall be added from Lot 1A’s existing stockade fence towards Federal Furnace Road.
- The stormwater calculations shall be reviewed by the Town Engineer to the satisfaction of the Building Commissioner.
Prior to issuance of an Occupancy Permit, the Petitioner shall improve sight lines through trimming of limbs and brush from the subject property to Goodwin Road along the westerly side of Federal Furnace Road, subject to the Town granting permission to do the work in the Town’s right-of-way.
The vote was unanimous (4-0).
Discussion
Zoning Bylaw Amendment
Mixed Commerce
Lee Hartmann stated that the Town has received a petitioned article to amend the Mixed Commerce section of the Zoning Bylaw. The public hearing will be held on January 24, 2011. Due to time constraints, Mr. Hartmann suggested that the petitioner introduce the topic to the Board in preparation for the public hearing.
Atty. Robert Betters, representing Saxon Partners, outlined a request to amend Mixed Commerce to further define the vehicular related uses allowed by special permit. The language “by licensed new car franchised dealers” would be added following “new and used automobile sales”. The petition also includes designating Commerce Way as a Major Street and adding a restriction that would prohibit a dealership within 400 ft. of a major street in the Mixed Commerce Zone. The former Sam’s Club in Colony Place and a portion of the land located behind Plaza Way would be available for dealerships.
Lee Hartmann noted that the proposed amendment was crafted to exclude dealerships along Commerce Way frontage.
Atty. Betters noted that the proposal will be reviewed by the West Plymouth Steering Committee on January 5, 2011 and is consistent with the changes in the Highway Commercial district along Long Pond Road.
The Board was generally supportive and looks forward to the public hearing process.
Bill Wennerberg announced that due to time constraints, he is unable to meet his commitment to the Industrial/Commercial/Office Land Study Committee.
Paul McAlduff nominated Kenneth Buechs to replace Mr. Wennerberg as one of the Planning Board’s representatives to the Industrial/Commercial/Office Land Study Committee; the vote was unanimous (4-0).
Other Business:
B509 – The Trails (a.k.a Fox Hollow Farm)
Reduce Estimate of Work to be Completed
(Homeowner Association Documents)
Lee Hartmann presented a request to reduce the recent bond estimate for B509 – The Trails (a.k.a Fox Hollow Farm) by $10,000. Mr. Hartmann stated that the obligation of creating the Homeowner’s Association documents has been met.
Paul McAlduff moved to reduce the bond estimate for B509 – The Trails (a.k.a Fox Hollow Farm) by $10,000.00; the vote was (3-0-1) with Bill Wennerberg in abstention.
Tim Grandy moved for the Board to adjourn at 9:00 p.m.; the vote was unanimous (4-0).
*On file with the Office of Planning and Development in project case files.
Respectfully Submitted,
Eileen M. Hawthorne Approved: January 10, 2011
Administrative Assistant
| 
