These minutes are not verbatim – they are the secretary’s interpretation of what took place at the meeting. – Open Meeting Law, G.L. c. 30A § 22.
Board Members: Marc Garrett, Larry Rosenblum, Bill Wennerberg, Tim Grandy and Paul McAlduff
Planning Board Alternate: Ken Buechs
Staff Members: Valerie Massard
Recording Secretary: Eileen Hawthorne
Administrative Notes:
Minutes:
The Board approved the minutes* of April 25, 2011 as presented.
The Board approved the endorsement of the definitive subdivision plan and covenant* for B567 – Home Depot Drive Extension.
The Board determined that the following Form A plan* is entitled to endorsement:
A4396 – Harald LLC, Honda Drive, Map 89, Lots 13-2 (38.96A) and 13-3 (2.0A) – Lot line adjustment to create lots 13-2 (38.41A) and 13-3 (2.55A)
Larry Rosenblum moved for the Board to approve the Administrative Notes; the vote was unanimous (4-0).
Paul McAlduff joined the meeting at 7:08 p.m.
BOA 3628 – Stop and Shop
Samoset Street, Map 101, Lots 16A-2, 17A-2, 17B-3
Modification of Special Permit 2939 as it pertains to Condition #7 which limits fuel delivery hours (5/18)
The Board received the following documentation* for the review of this case:
Staff Memo dated 4/28/2011
Fire Department Comments
Letter from Lisa Davis Associates dated March 17, 2011
Zoning Board of Appeals decision for Case No. 2939
Memo from VHB dated May 3, 1999
Memo from VHB dated December 8, 1998
Parking and Traffic Control Plan dated July 12, 1999, revised through January 6, 2000
Accident Report Data
Valerie Massard informed the Board that she has conferred with the petitioner’s representative several times today and discussed the need for traffic information and to address the Fire Department’s concerns. The staff report reflects the need for additional information prior to addressing the request for additional fuel deliveries. They are asking for one additional fuel delivery in the afternoon on a daily basis for the summer months until they are able to come back and file a modification for installation of additional or larger underground tanks.
Lisa Davis, representing Stop and Shop reviewed the history of the existing special permit (No. 2939). The permit for the gas station with a 20,000 gallon fuel storage facility (12,000 gallons regular fuel and 8,000 gallons premium fuel) was granted in 1999 and subsequently appealed by an abutter. After a three year period, the case was settled. During that time period it was determined that the storage tank size was inadequate and a modification to the special permit would be needed to change the size of the storage tank. In order to avoid the lengthy permitting process and a potential appeal, Stop and Shop went forward with the facility as permitted. With the rising gas prices and the discounts offered, they have run out of unleaded fuel several times a week. The alternatives, if the extension of
hours is not granted, are to offer premium gas at unleaded prices (which is financially unsound) or to close the station. The petition is a request to add one additional fuel delivery per day as needed between the hours of 1:00 p.m. to 3:00 p.m. or 1:00 p.m. to 4:00 p.m. with a condition that the fuel truck makes a right turn at the first internal intersection and travels behind the existing buildings to access the gas station area. Ms. Davis agreed to obtain updated traffic information.
Paul McAlduff expressed his concerns with the existing traffic flow on the site. Mr. McAlduff suggested widening the exit by using a portion of the parking lot around the gas station for reconfiguration, since the westerly parking lot is usually not used on any given day. He agreed that a truck route along the rear of the buildings would be more appropriate, but additional tanks would be a long term solution. Mr. McAlduff also felt that updated traffic information was needed.
Ms. Davis stated that they would balance the cost of upgrading the tanks against the cost to do a traffic pattern reconfiguration, but that they are seeking a short term solution.
Larry Rosenblum was also concerned with the traffic patterns on the site and felt that evening deliveries were more appropriate. Mr. Rosenblum stated that public safety was a priority. He stated that redesigning the interior road system and installing larger tanks could address public safety issues.
Tim Grandy agreed with Mr. McAlduff and Mr. Rosenblum. He also wanted to review updated traffic information.
Bill Wennerberg supported the right turn and vehicle route around the rear of the buildings for the fuel delivery trucks and agreed that the traffic flow on the site needed to be addressed. Mr. Wennerberg stated that bringing in fuel delivery trucks at the suggested times between 1:00 p.m. to 4:00 p.m. or even 2:00 p.m. to 7:00 p.m. would add to the existing chaos. He felt that the safest time for deliveries is during the night and that the petitioner should increase the tank capacity.
Marc Garrett stated that the site is an old shopping plaza that has not been dramatically changed and has systemic traffic issues. Mr. Garrett stated that there is no commitment from the owners to reconfigure the site or take out parking. He was not comfortable with recommending a temporary measure and felt that a reasonable redesign was necessary to make the site work.
Valerie Massard presented the accident data for the Myles Standish Plaza intersection obtained through the Police Department. The data shows that close to half of the accidents at that intersection occur in the afternoon. It is a congested spot, has been identified as a bottleneck, there are issues with queuing into and out of the plaza and queuing for the gas station often extends into the area of the parking lot closest to Staples blocking travel lanes. Ms. Massard also stated that the Fire Department has concerns about the existing traffic in the area and the ability of the emergency vehicles to access the site if there is an issue. A daytime delivery of 10,000 gallons of fuel would create a public safety issue. The Fire Department supported installation of an additional fuel storage tank. Ms. Massard
also stated that there appears to be adequate room to make changes to the internal traffic flow and that an updated traffic study was needed.
The Board agreed that a redesign of the internal traffic patterns on the site and installation of an additional fuel storage tank would meet the needs of the petitioner.
Larry Rosenblum moved for the Board to make the following recommendation to the Zoning Board of Appeals:
It is recommended that the request to modify Special Permit #2939 as it pertains to Condition #7 be DENIED without prejudice for the following reasons:
There is inadequate information to determine whether the proposed modification is consistent with the intent of the Bylaw, which includes protection of protect public safety per Section 205-1. No traffic study or safety information has been provided by the Petitioner. In addition:
- The Fire Chief has expressed concerns about the proposed additional fuel delivery, and seeks additional information in order to make a recommendation.
- The Police Department accident reports indicate that many motor vehicle accidents occur at this location, including the time interval (1 pm – 5 pm) that the Petitioner has identified as the proposed time to add a fuel delivery.
- The Old Colony Planning Council has identified this portion of Samoset Street to be one of three major bottlenecks in the multi-county region.
- There are known systemic internal traffic pattern congestion issues at the Myles Standish Plaza.
There is inadequate information to determine whether the proposed modification is appropriate in the zone and specific site in question, whether adequate and appropriate facilities will be provided for proper operation of said use, whether there will be no hazard to pedestrians or vehicles, and whether there will be no nuisance or adverse effect upon the neighborhood by the Petitioner’s proposed modification to add a daytime fuel delivery. No traffic study or safety information has been provided by the Petitioner. In addition:
- The Fire Chief has expressed concerns about the proposed additional fuel delivery, and seeks additional information in order to make a recommendation.
- The Police Department accident reports indicate that many motor vehicle accidents occur at this location, including the time interval (1 pm – 5 pm) that the Petitioner has identified as the proposed time to add a fuel delivery.
- The Old Colony Planning Council has identified this portion of Samoset Street to be one of three major bottlenecks in the multi-county region.
- There are known systemic internal traffic pattern congestion issues at the Myles Standish Plaza.
Alternatives exist that could be implemented that would not further impact vehicular traffic patterns on Samoset Street and within the plaza: (a) installation of a larger, or an additional, underground storage tank; (b) selling premium gasoline at regular fuel prices when regular grade runs out, which is past practice by Stop & Shop at this location; and (c) shutting down the fuel station when fuel is no longer available at any given time.
The vote was unanimous (5-0).
BOA 3631 – Jeffrey Kapell
420 Billington Street, and Watercourse Road, Map 89, Lots 4-1B, 4A, 5-10 and 5-11
Modification of Special Permit #3604 as it pertains to Condition #3 by substituting a liquidated payment per cubic yard for the photography protocol set forth therein (6/15)
Marc Garrett recused himself from this discussion and joined the audience.
The Board received the following documentation* for the review of this case:
Staff memo dated April 28, 2011
Zoning Board of Appeals Decision Case No. 3604
Site Permitting Plans dated January 6, 2011
Atty. Richard Serkey presented a request to modify condition #3 of the special permit for gravel removal. A modification would allow the petitioner to gift to the Town ten cents ($0.10) per cubic yard of gravel removed, incrementally, up to $50,000 while eliminating the condition that describes a series of inspections and documentations of the truck routes to attest for any repairs that may be directly attributable to this project. After working with the proposed hauler, the petitioner feels that it would be difficult to determine which road damages are attributable to the gravel removal operation.
Valerie Massard stated that Town staff, including those that will have to enforce the permit (Building Department) are supportive of the request and that the gift of $0.10 per cubic yards would be in addition to the significant bond that is in place for road repairs attributed to the gravel removal operation. The Town is in a better position by receiving a gift per cubic yard, with the bond already in place to secure repair of any damages. The special permit allows for 500,000 cubic yards of gravel removal.
Larry Rosenblum moved for the Board to recommend approval of the modification to the Zoning Board of Appeals with all other conditions remaining in full force and effect and subject to the following condition:
Incremental payments to the Town of Plymouth on a quarterly basis and reflective of the gravel removed in each quarter, or through another mutually agreeable timetable as established by the Petitioner and the Building Commissioner, in the amount of $0.10/cubic yard for, the purposes of placing the money in a gift account for road maintenance and repair of the truck route, shall be made by the Petitioner or its designated representative, in an amount not to exceed $50,000.00 in total.
The vote was unanimous (4-0).
Marc Garrett rejoined the board.
Other Business:
Marc Garrett stated that he received a letter in response to the letter sent by the Board to the delegation regarding the Board’s support of their efforts to work with DCR regarding fees assessed to non-profit organizations.
Valerie Massard informed the Board that the first joint project review meeting with DPW was held last week for the first time in several years and was productive. Ms. Massard reminded the Board members that the next Planning Board meeting will be held on May 16, 2011.
Larry Rosenblum stated that the public forum hosted by the 1820 Courthouse Consortium was attended by approximately 50 people. The architects, CBT, presented the proposed plans and the response was successful. A group “Friends of the 1820 Courthouse” has been formed and is accepting membership applications and donations.
Tim Grandy moved for the Board to adjourn at 8:05 p.m.; the vote was unanimous (5-0).
Respectfully Submitted,
Eileen Hawthorne Approved: May 16, 2011
Administrative Assistant
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