Planning Board Meeting
January 24, 2011
Minutes
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 Tim Grandy,
Planning Board Alternate: Ken Buechs
Staff Members: Lee Hartmann
Recording Secretary: Eileen Hawthorne
Administrative Notes:
Minutes:
The Board approved the minutes* of January 10, 2011 as presented.
The Board approved extensions of the covenants* for the following subdivisions:
B524 – Orchard Hills
B505 – Pickerel Cove
The Board will notify the Building Commissioner that the following site plans will comply with the Zoning Bylaw once the issues listed below are addressed:
Electrofinishings, 24 Aldrin Road, Map 101, Lot 37Z-1A – 2 buildings on one lot in LI Zone
The Board received the following documentation* for review of this case:
Draft memo to Building Commissioner dated January 25, 2011
Site Plan
Compliance with ADA requirements must be documented.
Compliance with the Prevention of Light Pollution Zoning Bylaw must be documented.
Plans to stabilize the disturbed northeasterly slope of the site, with loam and seed using a low-maintenance wildflower or grass mix should be provided to the satisfaction of the Building Commissioner.
A Registered Landscape Architect or other qualified licensed professional must certify to the Building Commissioner prior to the issuance of a final occupancy permit that the required landscaping has been installed in accordance with the approved site plan, the Zoning Bylaw, and acceptable landscape practices.
The Town Engineer must approve the drainage design and system for the new roof runoff prior to construction.
Prior to issuance of an Occupancy Permit a Registered Professional Engineer must certify that the drainage system, drive ways, curbing and parking areas have been installed according to accepted practices and in compliance with the Zoning By-law and the approved site plan.
Upland Realty Trust, 40 and 42 Industrial Park Road, Map 102, Lot 28 – removal of parking encroachment and reconstruct 11 parking spaces
The Board received the following documentation* for review of this case:
Draft Staff report dated January 24, 2011
Enlargement of a portion of the site plan
Site Permitting Plans dated January 6, 2011
Prior to issuance of an occupancy permit: a Registered Professional Engineer must certify that the drainage system, drive ways, 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.
Compliance with ADA requirements must be documented.
Lighting is to comply with the Light Pollution Bylaw.
The Town Engineer must approve the proposed drainage design and calculations.
Larry Rosenblum moved to approve the Administrative Notes as presented; the vote was unanimous (4-0).
Committee Appointments
The Board received the following documentation* for the appointments:
Appointment procedure
Appointment worksheets
Letter of Application from Steven Lydon
Cedarville Steering Committee
Larry Rosenblum moved for the Board to appoint Steven Lydon to the Cedarville Steering Committee; the vote was unanimous (4-0).
Plymouth Center Steering Committee
There were no applicants for the two vacant positions on the Plymouth Center Steering Committee.
Paul McAlduff moved to re-advertise the two vacant positions on the Plymouth Center Steering Committee: the vote was unanimous (4-0).
BOA 3618 – Timothy and Christine Hall
32 Emerson Road, Map 44, Lot 6-201
Special Permit to waive the side setback requirement and to demolish and rebuild a non-conforming structure in a R20SL zone
The Board received the following documentation* for review of this case:
Draft staff report dated January 24, 2011
Copy of e-mail from Randy Parker, Manomet Steering Committee Chair
Fire Department Comments dated December 28, 2010
House Specifications
Locus Maps
Site Photographs
Architectural Drawings
Site Plan dated October 28, 2010
Randy Parker, Land Management Systems, Inc., presented the request for special permits in order to waive the side setback requirements and to demolish and rebuild a non-conforming structure in order to demolish and existing 1-story, 3-bedroom dwelling to construct a 2-story, 3-bedroom dwelling on a new foundation.
Lee Hartmann noted that the existing front and side setbacks remain the same and the 2-story dwelling could have up to 4 bedrooms based on a septic upgrade.
Tim Grandy moved to recommend approval to the Zoning Board of Appeals subject to the following conditions:
Prior to the issuance of a Building Permit, the Petitioner shall show evidence of payment of any back taxes owed to the Town, if any, on the subject property.
The property shall be limited to no more than four (4) bedrooms.
The vote was unanimous (4-0).
Public Hearing – Town Meeting Article
Amend Mixed Commerce (MC) to allow automobile dealerships
Seated: Marc Garrett, Larry Rosenblum, Paul McAlduff, Tim Grandy
The Board received the following documentation* for review of this case:
Preliminary Draft language dated December 21, 2010
Section 205-55 Mixed Commerce of the Zoning Bylaw
Section 205-56 Highway Commercial of the Zoning Bylaw
Map of Automobile Dealerships in Mixed Commerce District
Marc Garrett read the public hearing notice and opened the public hearing.
Atty. Robert Betters presented the petition to amend Section 205-55 (Mixed Commerce), Paragraph D(9) of the Plymouth Zoning Bylaw in the following manner (crossed-out words are deleted, proposed additions are underlined):
Vehicular-related uses, including new and used automobile sales by licensed new car franchised dealers and auto rentals provided that any outdoor service or repair areas shall be screened from public ways by walls, fences and/or evergreen vegetation and further provided that such use (a) be located on a lot that contains a minimum of three acres of land beyond the 400’ Area defined in subsection (c) below, (b) has a minimum of 400 feet of frontage, and (c) is not located within a Primary Recharge Area to Existing or Proven Future Municipal Wells, including all Department of Environmental Protection approved Zone II areas shown on Zoning Map Nom 4, Aquifer Protection District 400 feet of a street classified as a Major Street on or before [insert effective date of zoning amendment] (the “400’ Area”).
The petition would also designate the entire length of Commerce Way as a Major Street.
Atty. Betters noted that the special permit process would still be required.
Don Smith, Saxon Partners, showed the areas behind the retail component of the Colony Place shopping center and adjacent property where an automobile dealership campus could be constructed. Mr. Smith noted that the Master Plan for the shopping center has controls that limit signage, balloons, flags, etc.
Lee Hartmann stated that a previous Town Meeting supported allowing automobile dealerships in the Highway Commercial (HC) zone. The HC zone is similar to the Mixed Commerce (MC) zone with the exception that a Special Permit subject to Environmental Design Conditions for automobile dealerships would be required in the MC zone. If the proposed amendment is approved by Town Meeting, it would limit dealerships from fronting on a major street (Commerce Way).
Larry Rosenblum stated that automobile dealerships would have a less intense impact than retail development.
Public Comment:
In Favor
Atty. J. Michael Dunphy, representing Pierre Coll, the owner of the abutting property, stated that the proposed use would be appropriate for the area and an additional tool for development of commercial property in this area.
In Opposition
Judy Barber, 33 Sterling Blvd, expressed her concerns with extensive ground coverage using an impermeable surface in a Zone II area, the potential impact on ground water and drinking water supply, the proximity to a residential neighborhood, vehicle storage and increased vehicular traffic, increased lighting, signage, accessory uses such as car washes, automobile servicing, and storage and disposal of waste oil and petroleum products.
Mr. Hartmann noted that any proposed automobile dealerships would still be subject to the aquifer protection bylaw as well as the special permit process.
Mr. Smith also noted that they would be subject to the State’s Department of Environmental Protection regulations.
Jim McNeeley, 15 Sterling Blvd, expressed his opposition and that of many of his neighbors including Len O’Hara. They are concerned about the protection of the aquifer, additional light pollution, and the impacts to the abutting residential neighborhoods. Mr. McNeeley noted that a site at the northern end of Commerce Way has already been approved for automobile dealerships and he encouraged the Board to continue working with the Town of Kingston to work out the access issues for that site.
Tom Ford, owner in the area allowed for car dealerships, stated that the area at the end of Commerce Way is not in an aquifer area and is appropriate for automobile dealerships.
Atty. Betters stated that the MC zone has existed in this location for a number of years and that other more intense uses could be constructed on the site.
Larry Rosenblum was concerned with the proximity of the proposed automobile dealership use to abutting residences. Mr. Rosenblum asked if any buffering is required. He also asked why 400 ft. from a major street is being proposed.
Mr. Hartmann replied that 50 ft. is the required buffering in the MC zone. The 400 ft. from a major street is proposed to limit this type of use along the frontage of a major street.
Mr. Rosenblum asked if there was any potential for an alternative access.
Mr. Smith stated that the only access is off of the two roads that enter the Colony Place development: Plaza Way and Colony Place Drive.
Paul McAlduff moved to close the public hearing; the vote was unanimous (4-0).
Mr. Rosenblum suggested increasing the buffer from residential areas to 200 ft.
Marc Garrett noted that a large box store could be constructed on the property with a buffer of 50 ft. Mr. Garrett was concerned with the environmental impacts and suggested that if or when the petitioner applies for a special permit for an automobile dealership environmental safeguards are included in the request.
Paul McAlduff stated that many other uses could be constructed on the site that would have more of an impact than an automobile dealership.
Paul McAlduff moved for the Board to recommend support of the proposed article to Town Meeting; the vote was unanimous (4-0).
Mr. Hartmann noted that this Town Meeting article will be presented to the Board of Selectmen on February 15, 2011 and the Advisory and Finance Committee on February 16, 2011.
Conceptual Review
B512 - Cedarhill Park – Commercial office/storage use
The Board received the following documentation* for review of this case:
Staff report dated January 24, 2011
Board of Appeals Decision Case No. 3373
Locus Map
Site Photographs
Portion of Landscape Plan for BOA Case No. 3373
Conceptual Site Plan dated January 11, 2011
Atty. Robert Betters presented a conceptual review of a request for a special permit for a multi-building contractor storage/office complex on Map 55, Lot 37A-3, Cedarhill Park Drive. A previous special permit was granted by the Board of Appeals (#3373) for a gymnasium and indoor swimming facility on this site. Jon Henson has been retained to redesign the landscaping for storage facility. Drawings of the proposed building layout were submitted*.
Steve Kotowski, Webby Engineering, presented the conceptual site plan for 5 storage/office buildings with 5 to 6 units per building. Parking spaces will be 12.5 ft. x 20 ft. The units are designed to have office space in the front with storage/garage facilities in the rear of the building. The proposed grading and drainage is consistent with the previously granted plan.
Lee Hartmann noted that this is a fairly well buffered site on a dead end street that is not visible within the village. Existing power lines limit what can be constructed on the site. Mr. Hartmann stated that mitigation of the visibility of the site from Rte. 3 should be addressed in the formal filing.
Paul McAlduff suggested limiting the vehicular circulation around the buildings.
Mr. Kotowski stated that he will be meeting with the Fire Department to determine the turning radius for emergency vehicles.
Tim Grandy encouraged the petitioner to present the plans to the Cedarville Steering Committee and to increase the proposed landscaping.
Atty. Betters stated that they will be presenting to the Steering Committee in February.
Larry Rosenblum stated that the site should not be visible from the highway as the residents across the highway were concerned with visibility during the previous public hearing process.
Marc Garrett expressed his concerns with the number and configuration of the buildings, the sterile design of the buildings, proposed landscaping and the traffic patterns of the site.
Tim Grandy moved to adjourn at 8:40 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: February 28, 2011
Administrative Assistant
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