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 and Patrick Farah
Recording Secretary: Eileen Hawthorne
Administrative Notes:
The Board recommended approval of BOA 3636 – Rebecca F Duke, 30 Allerton Street, Map 16, Lots 59 and 60 for a Special Permit to make a non-conforming lot more non-conforming subject to the following conditions:
Prior to recording the Plan and 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 properties, through a Municipal Lien Certificate(s) to the Building Inspector. The Plymouth County Registry of Deeds now requires that this be demonstrated to the Registry prior to recording of plans, in any case.
The plans for recording purposes shall make specific reference to this special permit, which shall be recorded with the plan.
The Board approved the endorsement of a lot release for Lot 37-71A, a rescission of lot release for Lot 37-107A, an amended Tri-Party Agreement and a letter to Mt. Washington Bank for B426 – Ship Pond Estates (a.k.a. Little Hios Hills).
The Board determined that A4399 – Michael J Alves and Robert & Susan Fugazzi, Billington Street, Map 27, Lots 58-2 and 58-3 – Lot line adjustment to create Lots 58-7 (47,530) and 58-8 (54,608 sf) was entitled to endorsement.
Bill Wennerberg moved for the Board to recommend approval of BOA 3636 – Rebecca F Duke and to endorse the Lot Release, Recision of Lot Release and Amended Tri-Party agreement for B426 – Ship Pond Estates (a.k.a. Little Hios Hills).
Paul McAlduff requested the motion be amended to include a determination that A4399 was entitled to endorsement.
The motion was amended and the vote was unanimous (5-0).
A4398 – Pinehills LLC, Great Kame, Map 77C, Lots 10-270 (.62A) and 10-271 (.54) – Lot line adjustment to create lots 10-515 (.63A) and 10-516 (.53A)
Bill Wennerberg recused himself from voting on A4398.
Paul McAlduff moved for the Board to determine that A4398 was entitled to endorsement; the vote was (4-0-1) with Bill Wennerberg in abstention.
Site Plan Review
194 Colony Place
Gary Darmon, Saxon Partners, presented the site plan for an addition in the Village Center area of Colony Place. A new storefront would be constructed next to Old Navy. The structure would add approximately 8,000 sq. ft. of retail space for “Charming Charlie”
Lee Hartmann stated that staff has reviewed the special permit and the proposed addition is within the parameters of the master site plan. Adequate parking and landscaping exist and signage will be presented at a later date.
Paul McAlduff moved for the Board to recommend to the Zoning Board of Appeals that the architectural details for the proposed tenant building at 194 Colony Place are consistent with the overall aesthetics of the “lifestyle plaza” building in Phase 3, consistent with the requirements of Condition #1 of the Special Permit. Roads, overall drainage, and general site plans have already been approved on this building and phase under SP BOA #3182. Signage will be filed separately at a future date; the vote was unanimous (5-0).
Discussion Village Crossing Phase IV & V
Beaver Dam Road - Layout Approval
Lee Hartmann stated that staff has been working with applicant toward removing the building permit restriction that was placed on the Village Crossing project. The drainage issues will be addressed in the near future. The Board received a proposed Phase IV and V layout that details what has already been constructed in the development and the locations of the proposed roads and dwellings for all phases. The access road for Phases IV and V has been relocated and moved toward the interior of the site with some dwellings relocated to the exterior of the roadway. If the Board is supportive of the proposed layout for Phases IV and V it will allow the developer to move forward and work toward resolving the drainage issues.
Atty. Mathew Watsky reviewed the proposed Phase IV and V layout which shows an overlay of what was originally proposed, what has been constructed and the current proposed layout for the remaining phases of the project. The current proposal moves the road away from the steep slopes and wetland areas. The relocation of the road will allow for roof run off to be captured and infiltrated; reduces the square footage of impervious surface by approximately 10,000 sq. ft.; reduces the watershed into Basin 6; and reduces the Cubic Feet per Second (CFS). The buffer area is maintained and traffic will be directed to the interior of the site.
Mr. Hartmann asked about the approved unit count versus the current unit count.
George Yankowich replied that the development was approved for 84 units but the unit count has been reduced to 79 units.
Public Comment:
Brian Healey, Teaberry Circle, stated that the purpose of the original road location was to serve as a buffer to his neighborhood. The developer has removed trees and natural growth within the proposed buffer area and the water run off is at the highest point. The new proposal shows homes directly behind his house. Mr. Healey felt that the road layout should remain as it was originally proposed in order to provide a buffer.
Martha Anderson and a second abutter asked how and when the developer would be addressing the drainage issues.
Marc Garrett stated that the developer is presenting the plan for Phases IV and V because they need to know the future layout before they can complete the drainage calculations analysis. Mr. Garrett stated that the cease and desist is still in place.
Elaine Richardson, Village Crossing resident, stated that the homeowners within the development are concerned with the restrictions the Planning Board has placed on the developer and the impact on the developer’s financing.
Larry Rosenblum stated that the goal was to review the site plan and look at the road alignment and the number of houses for Phases IV and V. Once the site plan is approved, the developer can completer the drainage calculations.
Paul McAlduff stated that the Board is trying to address the drainage issues.
Bill Wennerberg asked if the developer had considered any alternatives to the proposed road layout.
Mr. Yankowich stated that road layout for Phases IV and V were reviewed and consequently relocated in an effort to deal with the slopes and existing grades on the property. The proposed road layout aligns with the existing road and minimizes the cuts and removal of trees on the property. It also minimizes the amount of pervious pavement needed. Mr. Yankowich stated that undergrowth, a few trees that had blown over and some diseased trees were removed along the property line abutting the Teaberry Circle neighborhood. A fence was also installed along that property line.
Mr. Wennerberg asked what housing styles would be constructed in Phases IV and V.
Mr. Yankowich stated that the houses would be in the 1,300 to 1,900 sq. ft. range and consist of one-story, two bedrooms with two baths.
Tim Grandy asked how many houses will now be located outside the original road layout. He also asked whether the houses could be contained within the road layout as originally designed.
Mr. Garrett stated that it appears that units 48-51 are located outside the original road layout.
Atty. Watsky replied that there is no space within the road layout to relocate the dwellings. The design of the sewerage treatment plant, underground leaching, detention basins, etc. created a need to decrease the number of units and doesn’t allow for all of the houses to be located on the interior of the roadway.
Mr. Grandy suggested that units 48 and 49 be moved inside the road layout.
Mr. Garrett noted that Mr. Healey and two members have the same issue with the road layout. Therefore, he suggested that the developer work with the neighbors regarding the location of the units and road layout.
Gary James stated that a portion of his drainage assessment looked at implementing temporary measures such as grass swales and filter socks. The capacity of the swale would be able to store more water before the next phases are constructed.
Larry Rosenblum suggested reducing the number of units and adding a significant landscape program with restoration of significant trees.
Mr. Yankowich stated that the landscape architect is working on a plan that will be presented in the near future.
Atty. Watsky requested that the Board reconsider the cease and desist order and allow the developer to apply for building permits, but withhold certificates of occupancy until the drainage issues have been addressed.
Paul McAlduff suggested modifying the cease and desist order to allow building permits for Phase III.
Mr. Wennerberg felt that holding the certificates of occupancy would be appropriate.
Mr. Garrett did not support removing or modifying the cease and desist order.
Mr. Grandy asked how many permits in Phase III have been affected by the cease and desist order. He also asked when the drainage plan would be ready for the Board’s review.
Mr. Yankowich stated that 14 potential building permits have been affected.
Atty. Watsky replied that the drainage plan could be submitted within two weeks.
Gary James stated that the drainage information is 80 to 90 percent complete.
Mr. Grandy suggested releasing 7 of the 14 potential building permits.
Mr. Garrett reminded the Board that the scope of the discussion is whether to approve Phases IV and V.
Atty. Watsky withdrew his request to remove the cease and desist and asked the Board to schedule a review of the drainage information at the next available meeting.
Mr. Garrett stated that the next available meeting is July 11, 2011.
Larry Rosenblum moved for the Board to release one half the remaining units in Phase III for building permits, but withhold the certificates of occupancy until the drainage information is reviewed; the vote was 2-3-0 with Paul McAlduff and Larry Rosenblum in favor. The motion did not pass.
Lee Hartmann stated that as soon as staff receives the drainage information, a review by the Board will be scheduled at the next available meeting and the abutters will be notified.
Discussion – Waverly Oaks
Conceptual Development Plan & RDD Modification
Mark Ridder presented a conceptual plan for moving forward with a residential plan for Waverly Oaks. The plans, studies and engineering were already drafted prior to Plymouth Rock Studios development plan. Mr. Ridder stated that he has met with the new DPW director and DEP regarding the sewerage treatment plant. Based on the design standards and bylaw, the site could have seventy-five units by right. Mr. Ridder stated that he would be seeking a modification to the RDD and for the site to become a receiving site for TDR certificates. There will be private ownership with an onsite wastewater treatment plant and private wells. Mr. Ridder also stated that he is working with the school department to bring natural gas to the site. The dwellings would be approximately 2,000 sq. ft. and amenities would
include a clubhouse, pool, tennis courts, walking paths, cross country skiing and access to golf.
Lee Hartmann noted that the Board last saw this proposal in 2008. The site currently has an existing golf course with 10 residential lots. Buildout woud allow 75 units, but the unit count would increase by eight units for affordable housing and may go higher if TDR certificates are landed here. Access would be off Long Pond Road. In 2008 the discussions included spine and cluster concepts. At that time, the cluster development was preferred. Mr. Ridder is looking for comments and questions from the Board.
Larry Rosenblum asked how the overlay district for the studio could be removed.
Mr. Hartmann replied that the MEPOD is an overlay district that has not been activated. The property can still be developed as the underlying zone allows. Town Meeting action would be needed to delete the MEPOD section of the bylaw.
Mr. Rosenblum asked whether the Town would have the right of first refusal if the property is removed from Chapter 61.
Mr. Hartmann stated that if the owner develops the property, the Town would have a 30 day option to obtain an appraisal.
Marc Garrett stated that he preferred the spine concept that would integrate the use into the site.
Bill Wennerberg suggested using a combination of cluster and spine development.
Malcolm MacGregor asked if Mr. Ridder would consider installing a public trail that would connect the Town property to the north and south, but be located away from the highway.
The Board was supportive of including a trail link and asked Mr. Ridder to consider including a trail in the formal submission.
Mr. Garrett suggested that Mr. Ridder work with staff and a Board member to draft formal plans and concepts.
Discussion on Charter Commission’s Recommendations
Marc Garrett stated that the Committee of Precinct Chairs requested that the Planning Board Chair and Planning Director appear at a future meeting to discuss the Planning Board’s recommendation regarding a proposed strategic planning council. Four proposals are being considered and there was a 6-0 vote to have a discussion on what a strategic planning council should be and whether the Town should have a strategic planning council. Mr. Garrett stated that the Board’s discussion may take a couple of meetings and it would be August and September before they could meet with the Committee of Precinct Chairs.
Lee Hartmann noted his concerns with the membership of the proposed council including a professional staff member that would be a voting member of the strategic planning council. It is important for staff to only provide support.
Ken Buechs stated that the request was made at the meeting by Kevin O’Reilly to discuss the direction of where they were going relative to strategic planning and they are looking for the Planning Board’s input.
Tim Grandy moved to table the discussion on a strategic planning council to a later date; the vote was unanimous (5-0).
Tim Grandy moved to adjourn at 8:35 p.m.; the vote was unanimous (5-0).
Other Business:
“Topics not reasonably anticipated by the Chair 48 hours in advance of the meeting.”
Larry Rosenblum announced that a workshop with CBT Architects on the 1820 Courthouse will be held on Thursday, June 23, 2011 at 7:00 p.m. in the Otto Fehlow Room at the Plymouth Public Library on South Street.
Paul McAlduff informed the Board that the Dream Ride was a success and pictures can be viewed on the website.
Respectfully Submitted,
Eileen Hawthorne Approved: July 11, 2011
Administrative Assistant
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