Skip Navigation
This table is used for column layout.
Planning Board Minutes March 26, 2012
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: Michelle Turner and Eileen Hawthorne

Administrative Notes:
Minutes:
The Board approved the minutes* of March 12, 2012 as presented.

ZBA 3661 – Melissa Atwood
88 Sandwich St, Unit 3, Map 23, Lot 51
SP for beauty salon and spa in a TC zone
The Board received the following documentation* for the review of this case:
Staff Report
ZBA Decisions 2364 and 2412
Engineering Comments dated March 21, 2012
Locus Map and Site Photographs
Building Layout Sketch
As-Built Condominium Site Plan dated January 23, 1991
The Board recommended approval to the Zoning Board of Appeals of ZBA 3661 – Melissa Atwood, 88 Sandwich St, Unit 3, Map 23, Lot 51

Paul McAlduff moved for the Board to approve the Minutes of March 12, 2012 and ZBA 3661 – Melissa Atwood as presented; Bill Wennerberg, second; the vote was unanimous (5-0).  

ZBA 3662 – Robert Gosselin for John and Jane Murray, Saquish Beach, Map 132, Lots 535, 536, 537 & 539SP to waive front setback requirements and to enlarge a non-conforming structure
The Board received the following documentation* for the review of this case:
Staff Report
Unofficial Property Record Card
Fire Department Comments dated February 22, 2012
Locus Map and Site Photographs
Building Elevations
Zoning Application Plan dated February 2, 2012
Valerie Massard reviewed the staff report for the request for Special Permits to waive the setback requirements and to enlarge a non-conforming structure in order to create a wraparound deck on an existing cottage that has a front and rear deck.  There will be no hazard for the neighborhood and staff is recommending approval.  
Tim Grandy moved to recommend approval of ZBA 3662 to the Zoning Board of Appeals; Paul McAlduff, second; the vote was unanimous (5-0).   

Form A Plans:
Paul McAlduff moved for the Board to determine that the following Form A plan* is entitled to endorsement:
A4417 – Francis St. Croix, Dias Road, Map 5, Lot 35A-Z (14,810 sf) – Divide into lots 35-1 (7,286 sf) and 35-2 (7,880 sf)
Bill Wennerberg, second; the vote was unanimous (5-0).

ZBA 3663 – N/L Real Estate Trust (Baker)
32 Nelson Street, Map 10, Lot 30
Special Permit requested to exceed increase/enlarge a non-conforming use/structure and SP subject to Environmental Design Conditions (EDC) for multi-family and single family attached residential complex
The Board received the following documentation* for the review of this case:
Staff Report
Locus Map and Site Photographs
E-mail to DPW dated March 1, 2012
Fire Department Comments dated March 7, 2012
Conservation Comments dated March 7, 2012
Engineering Comments dated March 21, 2012
ANR Plan  - A4409
Site Plan dated January 4, 2012
Valerie Massard presented a request for Special Permits in order to construct a multi-family dwelling consisting of two new attached dwelling units.  The site is located to the North of the entrance to Nelson Park.  A recent ANR (A4409) created the subject lot.  Staff has talked with the property owners regarding a creation of a sidewalk easement  for safety along Nelson Street and the entrance to Nelson Park.  A small amount of clearing will need to be done to construct a single family dwelling with a garage with living quarters above that will be in keeping with the architecture of the adjacent home. Review of water and wastewater hookups will take place at a later date.  Selectmen will be approached with an easement to the Town for the back lot (separate from this review).
Mark Garrett commented that the North Plymouth Steering Committee had a discussion about the Rail Trail and lack of maintenance of the trail.  He noted that in the future, the rail trail could be extended to Nelson Street and tied into the sidewalk easement.  
Public Comment:
In Favor:
Claire Montinari (her mother resides at 29 Nelson Street) was supportive of the work done to date and the proposed improvements to the site.
Bill Wennerberg 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 construction plans shall be reviewed and satisfy the DPW with respect to water and sewer connections, and the driveway shall be of suitable gravel standard (minimum) to support an emergency vehicle.
Prior to a Certificate of Occupancy, the Petitioner shall convey the proposed sidewalk easement and through a deed to the Town of Plymouth in a manner acceptable to Town Counsel.
Paul McAlduff, second; the vote was unanimous (5-0).  

Conceptual Review
97 Cherry St/Map 4, Lot 60 (Breezy Hill Motel site)
The Board received the following documentation* for the review of this case:
Staff Report
Building Record Cards
ZBA Decisions – 239 and 534
Locus Map and Site Photographs
Conceptual Study Plan dated February 22, 2012
Frank Westgate, surveyor, presented a conceptual plan for a 33 unit residential development on a 20 acre site located at 97 Cherry Street (the former Breezy Hill Motel).  There is an existing sidewalk along Cherry Street and Town water and sewer are available.  If the Riverfront Area under the Wetland Protection Act is incorporated into the density calculations only 20-21 units would be allowed.  The 33 proposed units would be a mix of thirteen - two and three unit structures.     
Valerie Massard noted that the current room count of six motel units.  The 200 ft. Riverfront Protection Area is in question as some units are proposed in the Riverfront Area.  The riverfront area has not been delineated and other wetlands may be present.  If wetland areas are excluded from the discussion, a maximum of 40 units could be proposed.  A new access cut is proposed off Off Cherry Street.  Ms. Massard noted that parking lots and driving lanes need to comply with the Zoning Bylaw.  Ms. Massard stated that there is not enough information regarding the wetland delineation in regards to proposed density, adequate water pressure, sewer capacity, and traffic impacts.  Staff is also concerned with the topography on the site (which includes a steep slope) in regards to adequate emergency access within the site.  
Marc Garrett expressed his concerns with the differential of wetlands areas under the Zoning Bylaw and jurisdictional wetlands compared to the Wetlands Protection Act and the Wetlands Bylaw.  The proposed project may be approvable under the Zoning Bylaw but may not meet Conservation regulations.  Mr. Garrett asked how the Riverfront Area was determined.  
Mr. Westgate explained that he identified the Riverfront Area by using the high watermark of the stream.  
Larry Rosenblum was concerned with the density on the site driven by a fixed price of the land and the lack of imagination of the site plan.  He was not supportive of the proposal.  
Tim Grandy stated that he would need to see a wetlands delineation to determine if the proposed density was appropriate.  
Paul McAlduff felt that the presentation did not include enough information for him to be supportive of the proposal.  
Bill Wennerberg suggested that the proposed conceptual plan be presented to the Conservation Commission for their input regarding the Riverfront Area and wetlands.  
Mr. Garrett stated that the density needs to be determined by site design and site layout; a wetlands scientist needs to determine where the boundaries of the Riverfront Area and the wetlands.  
The Board felt that there was insufficient information to be supportive of this conceptual proposal.

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

Tim Grandy moved for the Board to adjourn at 8:25 p.m.; Paul McAlduff, second; the vote was unanimous (5-0).   

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


Respectfully Submitted,



Eileen Hawthorne                                Approved:  April 23, 2012
Administrative Assistant