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, and Tim Grandy
Planning Board Alternate: Ken Buechs
Staff Members: Lee Hartmann and Valerie Massard
Recording Secretary: Eileen Hawthorne
Administrative Notes:
Minutes:
The Board approved the minutes of October 17, 2011* as presented.
The Board approved the minutes of October 24, 2011* as presented.
The Board approved the names “Cupola Lane and Wren’s Nest” for new streets in the Pinehills development.
BOA 3649 – Joni R. Martini Trust, 14 Alden Ct, Map 13, Lot 51
The Board received the following documentation* for the review of this case:
Draft Staff Report
Property Record Card
Memo to Design Review Board dated October 19, 2011
Memo from Engineering Department dated October 12, 2011
Letter from Fire Department September 29, 2011
Locus Map
Site Plan dated August 8, 2011
Architectural Renderings dated September 28, 2011
The Board recommended approval of BOA 3649 – Joni R. Martini Trust, 14 Alden Ct, Map 13, Lot 51 – Special Permits to waive the side setback requirements and to enlarge a non-conforming structure in order to construct a 17x20 ft. one story addition and a 4.5x13 ft. stoop subject to the following condition:
The stoop shall not be enclosed for purposes of living space.
BOA 3650 – David & Jennifer Tarantino, 8 Warren Ave, Map 33, Lot 11B
The Board received the following documentation* for the review of this case:
Draft Staff Report
Property Record Card
Memo from Engineering Department dated October 12, 2011
Memo from Design Review Board dated October 19, 2011
Locus Map
Site Plan dated August 8, 2011
The Board recommended approval of BOA 3650 – David & Jennifer Tarantino, 8 Warren Ave, Map 33, Lot 11B – Special Permits to waive the side setback requirements and to enlarge a non-conforming structure in order to demolish a portion of an existing house and construct a 290 sq. ft. addition; a porch and a deck subject to the following conditions:
The deck and porch shall not be enclosed for purposes of living space.
The Board determined that the following Form A plans* are entitled to endorsement:
A4405 – Dennis and Nancy McNicholas, Jordan Road, Map 79A, Lot 1B-2 (1.41A) and D and N Realty Trust, Jordan Road, Map 79A, Lot 2-4(1.39A) – Lot line adjustment to create lots 1B-5 (1.41A) and 2-29 (1.39A)
A4406 – P. Revere Realty Corp, 285 Court St, 5 Castle St and 10R Atlantic St – Map 7, Lots 23, 23A, 24, 24A, 25, and 33B – Combine all lots and divide into Lots 24-1 (0.57) and 25-1 (0.40A)
Paul McAlduff moved for the board to approve the above listed Administrative Notes as presented; the vote was unanimous (4-0).
BOA 3651 – Ruth L McNeight
15 Herring Way, Map 69, Lot 59-13
Special Permit to waive accessway requirements in an RR zone in order to construct a single family dwelling (11/16)
The Board received the following documentation* for the review of this case:
.Draft Staff Report
Memo from Engineering Department dated October 19, 2011
Letter from Fire Department dated October 17, 2011
Locus Map
Roadway Improvement Plan dated September 12, 2011
Handouts:
e-mail in support from Malcolm Nichols, Andrew and Christina Bonney
e-mail in opposition from Nat Nichols and Wes and Janette Somerville
Mark Flaherty, Flaherty & Stefani Inc. and Atty. David Delaney, Delaney and Muncey, presented a request for a special permit in order to make minor improvements to Herring Way to provide access in order to construct a single family dwelling. Currently the road is 12-14 ft. wide with turn out areas to allow for safe vehicle passage and there are no drainage issues. Improvements would include grading to 16 ft. wide, installation of gravel in the widened area and trimming tree limbs to a 14 ft. height in order to accommodate fire and emergency vehicles. A number of letters were submitted by residents in support of keeping the rural character of the road and the neighborhood. The neighbors do not want Herring Way to become a connector road between Halfway Pond Road and Long Pond Road.
Valerie Massard noted that the residents maintain and plow the road without Town support. There is a potential for two total additional houses in the future which would each require a special permit for accessway. The widening of the road would span the frontage of Lot 59-13. DPW and the Fire Department are seeking a 20 ft. wide improvement, but major trees would be impacted at that width. Ms. Massard stated that it would be adequate to widen the road to 16 ft. with a 12 ft. driveway and clearing of the tree limbs to a height of 14 ft. at the present time, as shown.
Paul McAlduff asked if the road would be widened near the existing cemetery.
Mark Flaherty replied that it is not necessary to disturb the area near the cemetery as there is a turnout on the opposite side of the road and there is a 12 ft. easement.
Larry Rosenblum and Tim Grandy were supportive of the proposed improvements as they did not want the road to become a cut through from Long Pond Road to Halfway Pond Road.
Public Comment:
Wes Somerville was not in favor of any road improvements and asked why the lot is unbuildable until the road is fixed as his sister-in-law has been paying taxes on a “buildable” lot.
Marc Garrett explained that a zoning determination for accessway to create a buildable lot is independent of an assessment of a lot.
Larry Rosenblum moved for the Board to recommend approval to the Zoning Board of Appeals subject to the following conditions:
Prior to issuance of a Building Permit, the Petitioner shall demonstrate to the satisfaction of the Building Commissioner that the improvements shown on the plan have been installed.
Tree limbs shall be trimmed to a minimum height of fourteen (14) feet to allow for clearance of the Fire Department ladder truck.
The driveway for a new residence on this lot must be a minimum of twelve (12) feet wide and extend to within fifty (50) feet of the residence to provide appropriate access for emergency vehicles.
Said improvements shall be overseen by a registered professional engineer, to the satisfaction of the Building Inspector. Said improvements shall be certified to have been completed as depicted on the approved plans and as described in this decision by a registered professional engineer, and said improvements shall be accepted by the Building Commissioner prior to issuance of an Occupancy Permit for the residence.
The vote was unanimous (4-0).
BOA 3638 - MCDE Realty Trust
2240 State Road/Map 54, Lot 14
Special Permits to exceed the 60’ front setback requirement for more than 6,000 sq. ft. floor area and to waive the off street parking requirements in a GC Zone.
The Board received the following documentation* for the review of this case:
Memo from Valerie Massard, Town Planner dated October 27, 2011
Draft Staff Report for October 31, 2011
Letter from Mark Flaherty to ZBA dated October 25, 2011
Letter from Mark Flaherty to ZBA dated September 13, 2011
Letter from Mark Flaherty to ZBA dated September 7, 2011
Memo from Design Review Board dated August 4, 2011
Traffic Assessment dated July 26, 2011
Lighting Specifications
Building Elevations
Site Plan dated June 2, 2011, revised August 8, 2011 and September 6, 2011
Original Site plan dated June 2, 2011
Atty. Edward Angley, Mark Flaherty and Ron Müller presented a request for special permits in order to build a commercial structure with a drive-through and associated parking and landscaping. Through a long process of negotiations the building size has been reduced from 11,600 sq. ft. to 10,600 sq. ft.; the lanes on either side of the building have been widened; the lane on the north side of the building includes a 4 ft. wide sidewalk; a vehicle access to Old County Road at the rear of the property has been reduced to a pedestrian access; a landscaped buffer at the rear of the site has been enhanced to provide visual screening for the nearby residents; drainage has been provided to address an existing drainage issue along Old County Road; a detention pond has been eliminated; and an island at the entrance off State Road has been
eliminated. The issues remaining include parking and the proposed building setback. Parking for the proposed uses should be 70 spaces; 47 parking spaces are proposed. The parking spaces would be 9 ft. wide instead of 10 ft. wide. The location of the building exceeds the required 60 ft. setback from State Road. The entrance would be aligned with the gas station on the opposite side of State Road to reduce the number of curb cuts and turning movements. There are adequate sight distances provided the vegetation in the right of way is cleared and landscaping is kept low. The parking and lane configuration on the site have been designed to accommodate tractor trailer trucks.
Larry Rosenblum asked if accident data for the area had been reviewed.
Mr. Müller replied that he has not reviewed any accident data.
Paul McAlduff stated that he received the accident data from the Police Department which shows that in 2009 there were 35 reported accidents; 2010 – 22 reported accidents; and in 2011 as of August there were already 22 reported accidents in the Cedarville area. The residents in the area are very concerned with additional traffic creating a safety issue. Mr. McAlduff was also concerned with the width of the proposed truck lanes. He noted that no roof-top mechanicals are shown on the plans.
Atty. Angley suggested adding a deceleration lane heading north.
Larry Rosenblum thought that the more information regarding the accident data should be presented. Mr. Rosenblum noted that the development should be scaled to the parking capacity of the site and that 10 ft. wide spaces would be preferable to the 9 ft. wide spaces.
Mr. Müller stated that 9 ft. wide parking spaces are the industry standard.
Valerie Massard noted that the Town’s parking standards require 10 ft. wide parking spaces which exceed the minimum industry standards and allows for door opening and pedestrian safety.
Tim Grandy stated that given the size of the proposed restaurant and other tenants, additional parking may be necessary.
Atty. Angley noted that the proponent cannot reduce the size of the building and to increase the size of the parking stalls would reduce the number of parking spaces.
Marc Garrett expressed his concern with the internal circulation and a parking configuration that would create multiple movements for larger vehicles to access parking stalls. Mr. Garrett noted that larger vehicles require a 29 ft. turning radius and that the driving lanes should be increased and traffic should be directed in a one-way pattern.
+ noted that the industry standard for driving lanes is 24 ft. for 9 ft. stalls 20 ft. long. He stated that wider parking stalls and additional parking spaces might create a sea of parking that is underutilized.
Mr. Rosenblum suggested creating a parking lot that would accommodate different sized vehicles and filtering the view of the building with more vegetation.
Mr. McAlduff noted that there are no indications of controls for internal traffic patterns on the site. He also noted that the British Beer Company has all their parking to the rear of the restaurant.
Mr. Grandy was supportive of incorporating a 29 ft. width to accommodate larger vehicles.
Mr. Müller stated that they might be able change the circulation pattern and allow for a deceleration lane.
Public Comment:
Jack Girard was supportive of the elimination of the access onto Old County Road, the proposed screening and drainage improvements, but was concerned with inadequate parking for the proposed uses, the inadequate turning radius for tractor trailer truck especially in the winter when there is snow on site, noise and lighting impacts to the adjacent residences, and the traffic impacts to State Road.
Phil McGuinness, the proponent noted that they have tried to address all the Town’s concerns on the site and have made changes to the plans to reflect the concerns.
Atty. Angley asked if they could return in two weeks to see if they can address the concerns raised by the Planning Board.
Ms. Massard noted the Board’s concerns as follows: review of accident rates; showing the eight ft. State Road widening sought by DPW on the plan; reconfiguration of the parking plan; and traffic review reflecting the highest use, volume and impact on State Road at buildout, rather than the conservative estimates used by the applicant based on speculation that there will be low traffic volume occupants and future tenants could actually generate much higher trips depending on the use.
Larry Rosenblum moved to continue the review for BOA 3638; the vote was unanimous (4-0).
Other Business:
“Topics not reasonably anticipated by the Chair 48 hours in advance of the meeting.”
Larry Rosenblum asked the Board to schedule a discussion to look at the options, risks, and education of the citizens regarding the future of the 1820 Courthouse.
Marc Garrett felt that the 1820 Courthouse Consortium and the Plymouth Redevelopment Authority should be the ones to host the discussion as they have to convince the town of the options.
The Board agreed to schedule a discussion at a future meeting.
Marc Garrett announced that at a meeting held on Thursday, October 27, 2011 the Industrial/Commercial/Office Land Study Committee endorsed their preliminary draft report. The next step is for the Planning Board and Board of Selectmen to review and submit comments. A review by the Planning Board will be scheduled for January.
Tim Grandy moved for the Board to adjourn at 9:05 p.m.; the vote was unanimous (4-0).
*On file with the Office of Planning and Development in project case files.
Respectfully Submitted,
Eileen Hawthorne Approved: November 14, 2011
Administrative Assistant
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