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Planning Board Minutes May 16, 2011
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, Paul McAlduff, Larry Rosenblum, Bill Wennerberg and Tim Grandy
Planning Board Alternate:  Ken Buechs
Staff Members:  Lee Hartmann, Valerie Massard and Patrick Farah
Recording Secretary: Eileen Hawthorne

Planning Board Reorganization   
Larry Rosenblum moved to nominate Marc Garrett as Chair; the vote was unanimous (5-0)
Larry Rosenblum moved to nominate Bill Wennerberg as Vice Chair.
Mr. Wennerberg declined the nomination.
Tim Grandy moved to nominate Paul McAlduff as Vice Chair; the vote was unanimous (5-0)
Paul McAlduff moved to nominate Bill Wennerberg as Clerk; the vote was unanimous (5-0).
Paul McAlduff moved to nominate Tim Grandy as Clerk Pro-Tem; the vote was unanimous (5-0)

Administrative Notes:
Minutes:
        May 2, 2011
The Board approved the minutes* of May 2, 2011.

B567 – Home Depot Drive Extension – Lot Release* 13-3
The Board approved and endorsed a lot release for Lot 13-3 on Map 89.
Paul McAlduff moved for the Board to approve the Administrative Notes; the vote was unanimous (5-0).  

The following Form A Plan was withdrawn by the applicant:
A4397 – I Kelleher Realty Trust  and Smith Plymouth Realty Trust– Map 53, Lots 12G (21.09A), 26A (0.82A) and 35 (0.21A) – Lot line adjustment and division of land to create Lots 26B (0.89A), 12G-1 (3.09A), 12G-2 (2.08A), 12G-3 (5.19A), 12G-4 (5.41A), 12G-5 (1.92A) and 12G-6 (3.56A)  

Appointment
       B486 – Village Crossing
        Drainage issue, Retention Pond 6
The Board received the following documentation* for the review of this case:
Draft memo to Building Commissioner dated May 12, 2011
Lee Hartmann stated that the representatives from B486 – Village Crossing have not submitted revised drainage information that was requested by the Board, but are in attendance.  
Atty. Matthew Watsky stated that there have been several meetings with staff which originally focused on the small picture and was subsequently revised to encompass an evaluation of the full buildout (including Phases 4 and 5).  The goal for Phases 4 and 5 is to take all the pervious surfaces that would be created and infiltrate them which would result in less runoff from the property.  An existing condition site survey is currently underway.  The site survey will be forwarded to the hydraulic engineer who will design drainage mitigations for Phases 4 and 5.  The hydraulic engineer will also take into consideration the subdivision plan for O’Toole Road.  
Paul McAlduff was concerned that the outstanding drainage issues on Phases 1, 2, and 3 have yet to be addressed.



Tim Grandy requested a time frame for potential resolution of the drainage issues.  
Larry Rosenblum stated that remedial action might be appropriate to address the existing conditions while the full drainage analysis is being drafted.  
Marc Garrett was concerned a wide range of possible mediation actions were discussed over a month ago and the Board has yet to receive any drainage information to address the episodic events that have impacted the O’Toole Road neighborhood.  Mr. Garrett suggested that a temporary berm could be installed to mitigate the drainage issue that affects the abutters.  
Atty. Watsky stated that the washout has been remedied, basin 6 has been enlarged, and erosion controls have been installed.  
Mr. Garrett stated that the Board’s expectation was that drainage plans should have been submitted prior to tonight’s meeting.  
Mr. Rosenblum and Mr. Garrett supported the draft memo that was in their packets that would be sent to the Building Commissioner requesting that all future building permits be held until such time as the drainage issues have been addressed to the Board’s satisfaction.  
Garrett James, Green Seal Environmental Inc., stated that he designed the drainage for Phase 3 and is in the process of responding to Beals and Thomas’ comments.  He noted that once the site survey has been completed, he will be able to complete the drainage design for Phases 4 and 5.  The O’Toole subdivision was designed to collect the additional water associated with the cul-de-sac.  The design calculations indicated a certain amount of water from the upper water shed was to bypass the site.  The construction wasn’t done properly in the O’Toole Road subdivision and the water fills up the O’Toole Road cul-de-sac and runs off the south side.  One solution would be to install an outlet in the catch basin and allow it to overflow and bypass the site.  The grading of the driveway on lot 3 has directed the water to the cul-de-sac.  A culvert under the Lot 3 driveway would help in returning the site to the original design intent for the O’Toole subdivision.    
Tim Grandy was supportive of staff’s recommendation to withhold building permits.
Mr. Hartmann stated that not only is the goal to remediate O’Toole Road by redirecting the water and containing it on site, but to reduce the amount of water runoff from Village Crossing.   
Atty. Watsky stated that the proponent has agreed to identify the problems and potential solutions, but will not hire a contractor to do the off-site mitigations.  Mr. James will prepare a report of the existing conditions on the Village Crossing site and O’Toole Road and identify how the issues can be addressed.  Atty. Watsky stated that they would need at least another two weeks for a preliminary report.  
Tim Grandy stated that if the report is submitted in two weeks, peer review will take at least a week.  
Tim Grandy moved for the Board to request that Building Commissioner withhold building permits until design standards are submitted to address the drainage issues on O’Toole Road and within the Village Crossing subdivision; the vote was unanimous (5-0).  

Site Plan Review
        B437 – Pinehills LLC    - Gas Station (continued to May 23, 2011 at the petitioner’s request)

BOA 3630 – Polar Cat LLC
        18 Howland Street, Map 17, Lot 128
        Special Permits for more than 8 units; to modify off street parking requirements; and a modification of Special Permit 2157, Condition #3 in order to construct 12 residential units on an existing parking lot
The Board received the following documentation* for the review of this case:
Draft Staff Report
BOA Decision 2157
Cover Letter and Declaration of Restrictions for Plymouth Federal Savings Bank
Declaration of Restrictions for First Colony Service Corporation
Plymouth Center Steering Committee comments dated May 12, 2011
Historic District Commission Minutes dated April 20, 2011
Locus Maps
Existing “Parking” Plans dated November 12, 2009
Site Plan dated November 7, 2008, revised November 19, 2008 and February 4, 2009
Conventional Parking Plan dated February 2, 2011
Site Plan of Howland Street Apartments dated February 2, 2011
 Bill Wennerberg recused himself.
Atty. Robert Betters began the presentation for a proposed 12 unit rental residential building and associated amenities on an existing parking lot.  Atty. Betters reviewed the history of the site which at one time included small scale residential buildings and Old Colony Steam Laundry.  Presently the site provides overflow parking for the former Plymouth Federal Savings Bank (BOA 2157).   Condition # 3 of BOA 2157 would have to be modified in order for the site to be used for anything other than parking.  The site currently provides 26 downtown parking spaces and the proponent has agreed to pay $35,500 into the Off-Street Parking Fund for the impact to the commercial parking in the area.    The former Plymouth Federal Savings Bank building is currently being used as office space and has adequate parking on site.  The Historic District Commission and the Plymouth Center Steering Committee have reviewed the proposal and are supportive.  
Mark Flaherty, Flaherty and Stefani, Inc., handed out photographs of the site and reviewed the existing conditions and proposed site plan.  The site is currently utilized as a parking lot and has some fencing along the west and northern portions of the site.  As part of the proposal, Howland Court will be reconstructed to 18 ft. wide.  The proposed building will front Howland Street with 22 parking spaces to the rear accessed off Howland Court.  A waiver for the size of the parking spaces is being requested.  Water and Sewer are available.  The preliminary landscape plan details the plantings around the building.  Sidewalks flank each side of the building and the dumpster will be screened.  DPW’s comments will be incorporated into the final site plan.  
Jay McMichaels, Coastal Restoration, presented the architectural plans for the proposed building.  The portion of the building fronting Howland Street will be 1.5 stories in order to keep with the massing of the neighborhood.  The height of the building increases toward the interior of the site to 2.5 stories with a 3rd story under the roofline.  Dormers will be installed to break up the roofline.  The exterior of the building will have clapboard and shingle siding with double hung windows.   The siding will be yellow with either black or green for the doors and trim as approved by the Historic District Commission. The building will consist of 4-single bedroom units and 8-two bedroom units.  Some parking will be located under the building.  A neighbor has requested that fencing be installed along his property line which the proponent has agreed to provide.   
Tim Grandy asked where the mechanicals would be located.
Phil Cronin, the proponent, stated that a basement in the front half of the building will provide space for some of the mechanicals, with the condensers being located on the rooftop.  
Marc Garrett asked if the rooftop mechanicals would be screened.
Mr. McMichaels replied that the rooftop mechanicals would be screened.
Valerie Massard stated that the12 unit apartment building needs a special permit because it exceeds 8 units.   The Town worked closely with a peer review consultant on the architecture with several iterations to reflect the appropriate massing and details.  The building will be subject to inclusionary housing.  A waiver of parking width to 9 ft. from 10 ft. is in keeping with ADA parking requirements.  A modification of Special Permit # 2157, condition 3 is necessary to lift the restriction that required the parking lot be used for overflow parking for the bank which is no longer in existence.  Staff has reviewed and agreed with the conventional parking plan establishing the unit count.  Ms. Massard noted that the proponent has agreed to pay $35,500 into the off-street parking fund.
Marc Garrett asked why a waiver is being requested for the size of the parking spaces.  He was concerned that larger vehicles would not be able to navigate the spaces.  
Mr. Flaherty replied that in order to provide 22 parking spaces the size has been reduced to 9’x18’.  
Larry Rosenblum stated that the proposal is a model for downtown development.  
Tim Grandy moved to recommend approval to the Zoning Board of Appeals subject to the following conditions:
Prior to issuance of a building permit:
  • The plans shall be revised, if needed, to reflect comments of the Fire Department or Department of Public Works with respect to water and sewer connections or otherwise to the satisfaction of the Board of Appeals, who will approve the revised plans, if any, on an informal basis.
  • Evidence that the Declaration of Restrictions with the Board of Selectmen has been terminated shall be provided to the Board of Appeals.
  • Evidence of recording of this Special Permit shall be provided to the Board of Appeals.
  • A Municipal Lien Certificate, or other means as appropriate, demonstrating payment of any local taxes, fees, assessments, betterments or any other municipal charges are current shall be provided to the Building Inspector and Board of Appeals.
  • The proposed drainage system shall be in compliance with the Town Building Inspector’s accepted practices and in compliance with the Zoning Bylaw.
  •  All site lighting is to comply with the Light Pollution Bylaw.  Light poles should not exceed twelve (12) feet in height.
  • A decorative fence shall be added at the parking lot, and must receive approval by the Historic District Commission if such approval is required.  
  • Rooftop mechanical equipment (such as air conditioning units or condensers) shall be screened from public view to the extent feasible.
  •  The architecture and landscaping shall be in conformance with the materials presented with the Petition.  Any changes deemed substantially different by the Building Inspector shall be presented to the Historic District Commission and Board of Appeals for approval on an informal basis prior to construction or installation.
Prior to issuance of an Occupancy Permit for any of the units at the site:
  • And only if the site is a condominium format, an owners association shall be created and incorporate annual assessment for roadway maintenance, snow plowing, landscaping, and other areas of common interest and concern.  The owners association shall also provide a maintenance program for drainage facilities and appurtenances, open space, parking and common drive/emergency access areas within the property to be maintained by the owners association, which shall be detailed in the owner’s association documents for the owners’ property.
  • A Registered Landscape Architect or other qualified licensed professional must certify to the Building Inspector that the required landscaping has been properly installed in accordance with the approved site plan, the Zoning Bylaw and acceptable landscape practices.
  • A Registered Professional Engineer must certify that the drainage system, driveways, curbing, and parking areas have been installed according to accepted practices and in compliance with the Zoning Bylaw.
  • Prior to issuance of an Occupancy Permit for the 6th unit at the site, appropriate documentation as to satisfaction of the Inclusionary Housing Bylaw (Section 205-71) requirement for one (1) unit within the first 6 units shall be provided to the Board of Appeals, with prior sign off from the Department of Community Development.
  • Prior to issuance of a final Occupancy Permit for the site:
  • All plantings shall be subject to a 2-year performance requirement after installation (which shall re-instate if replacement plantings are installed), and the Petitioner shall be responsible for any replacements needed in that 2-year time period; and
  • A total of $35,500 shall be paid into the Parking Fund as provided for under the Bylaw.
The vote was unanimous (4-0-1) with Bill Wennerberg in abstention.


BOA 3627 – Jesse Brown
        275A Court Street, Map 8, Lot 1-1A
        Special Permit to alter a pre-existing nonconforming lot and use in order to change an existing structure to a three family dwelling
The Board received the following documentation* for the review of this case:
Draft Staff Report
Unofficial Property Record Card for Map 8, Lots 1-1A and 1-1B
Board of Appeals Decision for Case No. 2369 – dated December 5, 1989
Design Review Board Comments dated April 19, 2011
North Plymouth Steering Committee Minutes dated April 13, 2011
Locus Map and Site Photographs
Land Use Map
Site Plan dated March 27, 2010, revised March 30, 2011 and May 10, 2010
Atty. Edward Angley, representing the petitioner, stated that they are not proposing to convert a two family dwelling to a three family dwelling, but is to convert a single family dwelling to a two family dwelling.  In his opinion, the petition would convert a four bedroom, single family dwelling to a two unit, two bedroom dwelling.  Parking and density would not change.  The only exterior change would be stairs in the rear of the structure.
Valerie Massard noted that there is a difference of opinion between the petitioner and the Building Commissioner.  The Building Commissioner states that there is a common wall within a two-family structure and the conversion of one side of the structure would make the building a three-family dwelling.  Ms. Massard presented the locus map showing two lots of similar shape with a single eight bedroom two family structure.  The Building Commissioner feels that a fire wall and/or sprinkler system would need to be installed which may require further alteration of the exterior of the structure.  Ms. Massard noted that there are many of these type structures in the surrounding neighborhoods.  If this conversion to a higher density is allowed, there may be many more petitions submitted and the impacts could be significant.  A previous request to convert the structure to a three family was denied.  The existing building is non-conforming structure on an undersized lot.  The petition has not been reviewed by the Design Review Board and the North Plymouth Steering Committee did not support the petition.  Staff is recommending denial of the request as the use would be more intense and dense than the character of the surrounding community and there is no final bedroom count shown on the plans, therefore adequate parking can not be determined.  
Enzo Monti, representing the North Plymouth Steering Committee, noted that the area was considered a model block for the Cordage Company and the committee is not supportive as the proposed change would impact the character of the neighborhood.  Mr. Monti noted that duplexes in the area have been converted to single family uses.
Larry Rosenblum asked for clarification that the increased density would require the installation of sprinkler systems.  
Ms. Massard stated that according to the Building Commissioner, a three family will require installation of a fire wall and/or sprinkler system in order to comply with the new building code.  
Paul McAlduff moved for the Board to recommend denial to the Zoning Board of Appeals based on the following reasons:
The proposed multi-family use/structure is substantially more detrimental to the neighborhood than the existing nonconforming use/structure:
The existing non-conforming use and structure, on the subject property, is located on approximately 28% of the land required under today’s zoning standards for the proposed structure.  Two-family dwellings are an allowed use in the R20SL zone where the minimum lot area is 30,000 SF.  Furthermore, the overall structure would consist of a three family (multi-family) dwelling, which is not an allowed use in this zone.  The proposed expansion of the 2-family dwelling into a multi-family dwelling will have only 20% of the land required for a multi-family dwelling where multi-family dwellings are contemplated in the Bylaw, significantly less than required.  This increase of use is not consistent with the intent of the Zoning Bylaw, which is to prevent the overcrowding of land.
No information regarding the proposed finished bedroom count is provided, and no information as to meeting the minimum parking requirements for the entire multi-family structure is provided as required by the Building Commissioner.  At the Planning Board meeting, Attorney Angley stated that four (4) bedrooms would be the finished size of the proposed conversion on the subject parcel, leaving four (4) additional bedrooms where parking has not been accounted for with respect to the entire multi-family structure – the Petitioner has not adequately demonstrated that sufficient parking is available for the proposed multi-family use or the existing two-family use.
The North Plymouth Village Center Plan (1992, page 31) calls for preservation of community character including historic homes with respect to the heritage of the Plymouth Cordage Company era.  Cordage constructed many of the houses in this vicinity at the time of the structure’s original construction, and this block was designed as part of the community planning effort of the Cordage Company.  The Petitioner has not adequately demonstrated that the proposed required changes to the structure in order to meet current building and fire codes will preserve the historic home’s architecture, and stated that no investigation as to the proposed impacts of the conversion on the historic nature of the architecture has been made by the Petitioner at the present time.
Three (3) existing trees are proposed to be removed, with no new shade-providing plantings proposed.  
The vote was unanimous (5-0).

Other Business:
“Topics not reasonably anticipated by the Chair 48 hours in advance of the meeting.”

Ken Buechs announced a fund raising event for the July 4th festivities which will be held at Memorial Hall on Friday May 20, 2011 at 8:00 p.m.  The show is entitled “Night of 1,000 Laughs”.

Tim Grandy moved to adjourn at 9:05 p.m.; the vote was unanimous (5-0).

*On file with the Office of Planning and Development in project case files.  

Respectfully Submitted,





Eileen Hawthorne                                        Approved:  June 6, 2011
Administrative Assistant