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 Valerie Massard
Recording Secretary: Eileen Hawthorne
Administrative Notes:
Minutes:
August 15, 2011
August 22, 2011
Paul McAlduff moved to approve the minutes* of August 15, 2011 and August 22, 2011 as presented; the vote was unanimous (5-0).
Informal Presentation
North Plymouth Master Plan Update
The Board received the following documentation* for the review of this case:
e-mail from Valerie Massard outlining meeting schedule, dated 8/24/11
Demographic Tables and Maps
Draft North Plymouth Village Master Plan Update, dated 8/24/11
North Plymouth Steering Committee (NPSC) members in attendance: Charles Vandini and Enzo Monti
Valerie Massard presented the draft of the North Plymouth Master Plan update. The formal public hearing for the Board’s acceptance of the plan prior to Town Meeting action will be held on September 12, 2011 at 7:15 p.m. Ms. Massard noted that the process of updating the plan began approximately one year ago with the Planning Board and the NPSC. Updated maps, goals and objectives have been incorporated into the draft plan. Ms. Massard presented the updated locus map, open space areas, and future rail and pedestrian connections. Ms. Massard reviewed the executive summary, vision statement and goals which included maintaining a strong commercial center, working on infrastructure, increasing public safety, maintaining the village identity, identifying historic structures and landmarks, recreation improvements,
support of the Cordage Park Smart Growth District, increasing commercial base, increasing signage in the village center, and increasing MBTA use.
Charles Vandini thanked Valerie Massard for her assistance in updating the master plan. The committee looks forward to accomplishing the new goals set forth in the plan including additional work on the rail trail, improvements to Veterans Field, and village center façade improvements.
The Board commended the work of the committee and staff in their efforts to maintain the sense of community in North Plymouth and the decrease in crime in the area.
Marc Garrett asked why the Cold Spring School was not included in the master plan update. Mr. Garrett also asked if there was a way to create a division of the Industrial Park for adequate review of projects that may affect North Plymouth and West Plymouth without duplicating efforts.
Enzo Monti replied that the Cold Spring School is outside the village service area.
Mr. Vandini stated that the Industrial Park was previously associated with North Plymouth because of the boundaries on Cherry Street. He noted that the Village Center boundary is actually Route 3.
Mr. Garrett noted that there is now roadway infrastructure that connects both village service areas. He wants to insure that the appropriate steering committee reviews projects within the Industrial Park.
Mr. Vandini stated that he would bring the subject up at the next steering committee meeting.
Ms. Massard noted that currently if there is a significant improvement that has an impact on both villages it is sent to both steering committees. She thought if the view shed or traffic in either village is affected, it would be sent to the appropriate steering committee.
Enzo Monti stated that he felt that the villages consist of a concentration of residences with a village center and service area that supports those residents. It may be that the Industrial Park is outside the village areas.
Lee Hartmann noted that the Industrial Park is an area of economic development that is not in either village or village service area, but has an impact on both villages. Mr. Hartmann suggested that staff, the Planning Board Chair, and the Chairs of both steering committees could meet and discuss the area and when a project should be reviewed by each steering committee.
Mr. Garrett noted that the public hearing will be held on September 12, 2011 at 7:15 p.m. The plan will then be presented to the Board of Selectmen and Advisory and Finance Committee prior to Town Meeting.
Public Hearing
Aquifer Protection Bylaw Amendment
The Board received the following documentation* for the review of this case:
Draft Aquifer Protection District bylaw with use tables and proposed modifications
Marc Garrett read the public hearing notice and opened the public hearing.
Seated: Marc Garrett, Paul McAlduff, Tim Grandy, Larry Rosenblum, and Bill Wennerberg
Valerie Massard introduced the proposed Aquifer Protection Bylaw amendment that is being co-sponsored by the Planning Board and DPW and will update the maps and bylaw for aquifer protection. The bylaw relates to public drinking water that is pumped up from underground sources and distributed through water lines. Plymouth has a large underground aquifer that also supplies surface water in the large number of ponds in Plymouth. The aquifer maps originally adopted in the 1980’s will be updated to show areas of contribution for existing wells. Horsley Witten has worked with the town to update the maps to show contribution areas to the larger fresh water ponds and lakes. The updated maps will allow the Town to look at how proposed development could impact the drinking and recreational water.
The maps have also been updated to match DEP mapping, as has been the intent since the original adoption of the bylaw in 1981. The text has been revised to be easier to read and reflects new Fire Department and Building Codes. Allowed uses, special permit uses and prohibited uses have been clearly defined for each zone.
Mr. Hartmann noted that the revisions handed out were the result of a consultation with Town Counsel and that Town Counsel will be completing a final review prior to Town Meeting.
Larry Rosenblum asked how the contributory areas to a well are determined.
Ms. Massard stated that there is a mathematical formula using the number of days, hours, and pressure that a well has to be pumped in order to make the determination. It is defined in DEP regulations and is determined by hydro-geologists that install monitoring wells at the time a well is pumped so they can measure the rate of change in the monitoring wells while pumping.
Mr. Rosenblum asked how frequently and how many wells are drilled in Plymouth.
Mr. Hartmann explained that a test well is drilled and a series of monitoring wells are created for a specific testing period. The data is then used to determine which wells are permitted and what the areas of influence are. The testing is done before a well goes on line. If DEP receives new information regarding water flow, they will request that the Town amend the maps.
Mr. Garrett noted that the reporting is constant as required in the water compliance act.
Ms. Massard stated that the regulations cover any public drinking water supply.
Public Hearing:
In Favor:
Judy Barber
In Opposition:
None
Tim Grandy moved to close the public hearing; the vote was unanimous (5-0).
Paul McAlduff moved for the Board to recommend approval to Town Meeting of the amended aquifer protection bylaw and maps subject to final comments from Town Counsel; the vote was unanimous (5-0).
Public Hearing
Rezone – Mixed Commerce, Commerce Way
The Board received the following documentation* for the review of this case:
Copy of Article 41, Spring Town Meeting 2011 and Map of 400 ft. buffer
Marc Garrett read the public hearing notice and opened the public hearing.
Seated: Marc Garrett, Paul McAlduff, Tim Grandy, Larry Rosenblum, and Bill Wennerberg
Lee Hartmann introduced the proposed Town Meeting article which is identical to one presented at Spring Town Meeting and was supported by the Planning Board, Board of Selectmen, and Advisory and Finance Committee. The article would allow only licensed, new car dealerships in a Mixed Commerce zone and would require a 400 ft. offset from major roads (Commerce Way). The DPW, Water Department and Environmental Management Department are supportive given the changes to the Aquifer Protection Bylaw. A car dealership would require two special permits; one to review compliance with the zoning bylaw and one to review compliance with the aquifer protection bylaw.
Bill Hallisey, Board of Selectmen (BOS) Chair, stated that there were questions and concerns on Spring Town Meeting floor that needed to be addressed. Mr. Hallisey stated that the BOS feels that the questions and concerns have been addressed and therefore petitioned the article for Fall Town Meeting. He stated that the area is appropriate for economic growth and has adequate infrastructure.
Public Comment:
In Favor:
None
In Opposition:
David Gilvar, Judy Barber, and Everett Malaguti did not support the proposed amendment.
Mr. Hallisey clarified that the Sam’s Club building would be used for a franchised, new automobile dealership. He noted that there will be a permitting process for any proposed dealership.
Mr. Hartmann noted that a franchised new automobile dealership could include used vehicles on the site.
Keven Joyce commented that there are alternative locations for automobile dealerships that could be considered, but he was supportive of the proposed amendment.
Larry Rosenblum was supportive of the proposed amendment as the access is off private roads within an existing commercial area and there will be appropriate setbacks from a major road. The intersection of Routes 3 and 44 is an area that will experience significant commercial growth. Mr. Rosenblum suggested that a clarification on the number of used cars allowed on the site could be considered.
Tim Grandy noted that a major concern during Spring Town Meeting was protection of the aquifer. Any dealership will have to comply with the requirements of the new aquifer protection bylaw. Mr. Grandy also thought that the number of used cars allowed could be quantified.
Mr. Hartmann stated that there really is no way through zoning to regulate how many used cars are stored on the site of a franchised new automobile dealership.
Mr. Garrett stated that a franchised new automobile dealership is required to have a certain number of new vehicles.
Mr. Hartmann noted that the licensed, franchised new car dealership language is the same language that was proposed for the Honda dealership on Long Pond Road.
Paul McAlduff moved to close the public hearing; the vote was unanimous (5-0).
Mr. Grandy was supportive of this location for a new franchised automobile dealership.
Mr. Garrett noted that the proposed amendment language is the same language that the Board supported at Spring Town Meeting. There is a stricter aquifer protection bylaw and two special permits will now be required for a new franchised automobile dealership.
Ken Buechs noted that NTB which is across the street replaces tires and batteries. With the additional protection of the aquifer protection bylaw the former Sam’s Club is an appropriate site for an automobile dealership.
Tim Grandy moved for the Board to approve the amendment to the Mixed Commerce bylaw as proposed; the vote was unanimous (5-0).
B523 – Valley View Preserve
Vote review and endorsement
Tim Grandy moved to continue to September 12, 2011; the vote was (4-0-1) with Paul McAlduff in abstention.
B568- Nicks Rock Road - Balboni
Vote review and endorsement
Tim Grandy moved to continue to September 12, 2011; the vote was (4-0-1) with Marc Garrett in abstention.
BOA 3641 – Autofair Realty II, LLC
9, Long Pond Road, Map 89, Lot 32A
Modif. Of Special Permit #3585 to delete the sidewalk to the “99” Restaurant adjoining parking lot, delete, eliminate low retaining wall on driveway entrance from Long Pond Rd (at Shell Station), eliminate retaining wall at transformer area, revise curb cut at Shell and Honda Dealership in response to drainage conditions and handicap accessibility Long Pond Road intersection, revise added retaining wall and adjusted grading to better accommodate pylon sign on the property of Sunna, LLC
The Board received the following documentation* for the review of this case:
Memo from Valerie Massard, dated 8/25/11
Site plans dated 9/17/10, revised 6/1/11
Valerie Massard began the review of modifications of BOA Special Permit #3585 that are being requested as a result of field changes to the approved plan. The Honda dealership has a temporary occupancy until the modifications are approved and final as built plans are submitted.
Michael Cheever, Stenbek Design, stated that they are unable to complete condition # 7 which required consideration of a sidewalk to an adjoining parking lot as the sidewalk would have to be constructed on property under different ownership. The small retaining wall along the entrance driveway has not been constructed as it would disturb existing natural vegetation. Additional landscaping has been installed in other areas. The pylon sign base needed to be anchored with a small wall. The transformer has been pad mounted instead of pole mounted as shown on the original plan. The crossing sidewalk between Sunoco and this site has been altered to increase pedestrian safety.
Bill Wennerberg moved for the Board to recommend approval of the modifications as presented to the Zoning Board of Appeals; the vote was unanimous (5-0).
Other Business:
“Topics not reasonably anticipated by the Chair 48 hours in advance of the meeting.”
Marc Garrett informed the Board that the Charter Review Committee will be looking at removing the entity of a “Strategic Planning Council” and including more formalized language in the text.
Tim Grandy moved to adjourn at 9:23 p.m.; the vote was unanimous (5-0).
Respectfully Submitted,
Eileen Hawthorne Approved: September 19, 2011
Administrative Assistant
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