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Planning Board Minutes October 1, 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, Tim Grandy, Malcolm MacGregor, and Bill Wennerberg
Planning Board Alternate:  Ken Buechs
Staff Members:   Valerie Massard
Recording Secretary:  Eileen Hawthorne

Paul McAlduff announced that at the recent Energy Expo held at Plymouth North High School, which was sponsored by Habitat for Humanity, the League of Women Voters, the Town and the School Department the Grand Prize winner was Malcolm MacGregor.  Mr. McAlduff presented a bicycle donated by Dick’s Sporting Goods to Mr. MacGregor.    

Administrative Notes:

Minutes:
September 10, 2012*

B569 - Meharg/Bay Colony Drive - Lot Release
Postponed to a future meeting.  

B515 – Nestle Down – Tri-Party Agreement and Lot Release
Copies handed out prior to meeting*
Valerie Massard informed the Board that most of the infrastructure work in the subdivision is complete with the exception of the top coat, and the landscaping is almost complete.  Ms. Massard recommended releasing the lots in the subdivision and entering into a Tri-Party Agreement with Rockland Trust in the amount of $59,000.

B437 – Pinehills - Endorsement of Ridgeview Modification
The Board received the following documentation* for review of this case:
Modified Definitive Subdivision Ridgeview at PInehills Plan dated June 7, 2012

ZBA 3599 Remand – Poirier Realty Trust/Deeb, Saquish Beach, Map 132, Lots B-6 and B-126 – Special Permits to enlarge/alter a nonconforming structure and to waive the side setback requirement in order to alter and enlarge the existing dwelling, Post Facto
The Board received the following documentation* for review of this case:
Draft Staff Report
ZBA Decision Case No. 3599
Excerpt from the Planning Board Minutes of September 13, 2010
Memo from Engineering Division, Dated September 18, 2012
Locus Map and Photographs
Site Permitting Plans for the Deeb Residence dated June 8, 2010
Marc Garrett announced that staff received two e-mails in opposition to this petition and that he was uncomfortable reviewing a remand under administrative notes.  
Paul McAlduff moved for the Board to take no action and to review this case at the next meeting on October 15, 2012; Tim Grandy, second; the vote was unanimous (5-0).

ZBA 3683 – Camp Bournedale, Pokanoket/Womponoag Rds, Map 56, Lots 79-1, 79-2, and 79A-5 - Special Permit to waive side and rear setback requirements for a pool enclosure on Lot 79-1; adjust the side setback for the structure on Lot 79-2 with a condition that a Form A plan is submitted and approved by the Planning Board as shown on the plan dated 6/27/12 by F & S
Draft Staff Report
Memo from Design Review Board dated September 18, 2012
Memo from Engineering Division dated August 13, 2012
Locus Map and Photographs
Permit Application Plan dated June 27, 2012
Pool Enclosure Plans dated July 26, 2012

Form A Plans*:
A4435 – Colburn C Wood, Jr & EJ Pontiff, Inc., Off Black Cat Road, Map 90, Lots 17-3 (29.97 A), 20-1 (16.0 A) & 21-1 (15.0A) – Lot line adjustments to create Lots 17- 4 (47.7 A) and 20-2 (12.0 A)

A4436 – Jeneve Corp and State Road Realty Trust, State Road/Crescent Ave., Map 48, Lots 49-100 and 49-98 – Lot line adjustment to create lots 49-100-1 (24,702 sf) and 49-98-1 (22,981 sf)

Paul McAlduff moved for the Board to approve the Administrative Notes with the exception of the ZBA 3599 Remand and the endorsement of the Ridgeview Modification plan; Tim Grandy, second; the vote was unanimous (5-0).   

Paul McAlduff moved for the Board to endorse the B437 – Pinehills - Ridgeview Modification plan; Tim Grandy, second; the vote was (4-0-1) with Bill Wennerberg in abstention.  

Bill Wennerberg recused himself from the next review and left the room.

Presentation – Site Plan Review
        B437 Pinehills – ANR plan for proposed Hotel
The Board received the following documentation* for review of this case:
Memo from Valerie Massard dated September 27, 2012
Site Plan Review Narrative
Proposed Site Plan dated October 1, 2012
Front and Rear elevations
ANR plan Narrative
ANR Plan No. 4437
Handouts:
Site Plans and information packet from Mirbeau Hotel
John Judge presented the location of a proposed hotel off Landmark Drive within the Pinehills development.  The site overlooks the village green with a golf course at the rear.  Mr. Judge stated that the Fire Chief was comfortable with access and egress and the Building Commissioner was comfortable with the proposed location in relation to the master plan.  
Tony Green announced the proposed hotel, Mirbeau Inn and Spa is a unique lodging provider; creating a destination resort with an old world estate atmosphere.  
Gary Dower, owner of Mirbeau Inn and Spa, presented pictures of the Inn in Skaneateles, NY.  The Inn was designed to resemble a French Country Estate and has won several awards in the hospitality industry.  The inn and spa proposed for Plymouth will be different and resemble an old world country manor and estate, residential in character.  The main section of the buildings will front the village green.  The spa area with rooms above will be in a separate building attached by a bridge.  There will be a restaurant and a separate event area.  The buildings will surround an extensive landscaped area with water features.  Parking will be broken into several fields to access different buildings.  A walking path will provide access to the Village Racquet and Fitness Center and the existing walking paths and golf courses within the development.  Mr. Dower stated that they hope to establish a working relationship with Plimoth Plantation and local colleges and high schools.  
David Bois, Arrowstreet, presented the architectural details of the proposed buildings and the interior layout.  The main building will have the lobby and a bistro on the first floor with guest rooms above; the turret in the lower parking lot will be the entrance to the spa and a bridge will access the guest rooms above the spa from the main building; a smaller section will house a restaurant.  There will be a separate event building.  The roof forms will be varied with diamond asphalt and architectural asphalt shingles; façade treatments will consist of unfinished cedar trim, natural cedar shingles, ancient villa ledgestone, different textures and colors of stucco, painted wood shutters, ornamental metal balcony guardrails, and painted flower boxes.   
Mr. Dower stated that the proposed landscaping will make the ground as beautiful as the interior.  Water features will include a pond and waterfalls.  Large stones and boulder formations will be installed where there are grade changes.  There will not be any retaining walls.  Handicap accessibility will be provided at all levels.  There will be low level lighting around the site consistent with the Dark Skies requirement.  They hope to start construction in early 2013 and open in the Spring of 2014.  The inn complex when fully operational will provide 140 new jobs.  
Malcolm MacGregor asked what the traffic impacts would be.
Mr. Judge replied that the traffic generated will not negatively impact the level of service or impact the school traffic.  It will be minimal compared to other uses within the Pinehills development.  There are provisions for road widening if necessary.
Paul McAlduff was impressed with the plans and supportive of the school collaborative.
Tim Grandy asked where the mechanicals are located.
Mr. Bois explained that the mechanicals are up in the roof area in the attic space and there will be individual heat pumps for the fireplaces in each guest room.  
Mr. Dower noted that there will be a cooling tower located near the loading dock.
Ken Buechs asked if there were any green initiatives as far as alternative energies.  
Mr. Dower explained that stormwater will be recycled, a building management system will control each room, the buildings will be well insulated and ongoing maintenance and operations are green.  There will be no smoking on the site for employees or guests.   
Marc Garrett stated that this is an exciting project for the community.  
Malcolm MacGregor moved for the Board to determine that the Form A plan (4437) is entitled to endorsement, Tim Grandy, second; the vote was unanimous (4-0).  
Paul McAlduff moved for the Board to approve the hotel site plan, and find that the site design, architecture and submittals satisfy the requirements of the Zoning Bylaw (OSMUD) and the Pinehills’ Master Plan.  
Please note the following comments:
As presented, further review prior to issuance of a Building Permit will be required by the Fire Department.
We note that the Traffic Impact Assessment should be updated and measured against existing traffic patterns when the hotel proposes any future expansion in its facilities, as this assessment is for 50 rooms.
Malcolm MacGregor, second; the vote was unanimous (4-0).  

The Board took a five minute break.

Bill Wennerberg rejoined the meeting.  



Site Plan Review
        49 Obery Street – Medical Office Building
The Board received the following documentation* for review of this case:
Site Plan Review memo – 49 Obery Street
Narrative dated September 24, 2012
Copy of Zoning Application
Hydrant Flow Test Results dated November 23, 2010
Locus Map
Proposed Floor Plans and Elevations Dated September 24, 2012
Site Plans dated August 21, 2012
Atty. Richard Serkey and Mark Flaherty presented plans for a proposed medical office building for oral surgery.  The building will be less than 5000 sq. ft. total with eighteen parking spaces.  The building materials will be similar to the abutting building to the rear.  
Mr. Flaherty explained that the existing single family home will be demolished.  Prominent trees along Obery Street will be preserved to the extent possible.  The lot is 20,000 sq. ft. and the building will have a 2,900 sq. ft. footprint.  There will be 4 operating rooms with a waiting area for 4 patients with the remaining parking spaces for staff.  The site will be accessed by a 22 ft. wide driveway.  There is adequate water pressure and will be serviced by Town sewer.  Drainage has been designed to handle a 100 year storm.  Part of the pervious coverage for this site will consist of 1,300 sq. ft. of pervious pavers.  There will be five light poles throughout the parking area.  Signage will be located to the right of the proposed driveway.  Sight distances are adequate.  The trash receptacle will be located in the back corner of the site.  
Chuck Kraus, Kraus Associates, reviewed the architecture of the proposed building.  The building will consist of simple coastal architecture with white cedar wood shingles, wood trim, a cupola on the roof, an accent piece at the front entrance, a metal roof and a faux barn door in the back.  
Malcolm MacGregor asked where the mechanicals would be located.  
Mr. Krause replied that the air handling units will be in the basement with the condensers in the rear yard setback.  
Jon Henson, landscape architect, presented the proposed landscape plan including foundation plantings consisting of broad leaf and needle evergreens, azaleas and Japanese Holly.   An existing fence will be screened with ornamental grass.  Evergreen buffers will border the parking area.  The entry area will have beds of day lilies.  
Valerie Massard noted that the choice of the metal roof will compliment the adjacent building.  There is a monitoring well in the middle of the area where an interior link to the adjacent site might be located.  The proponents are in discussion with the abutters regarding a potential link and shared driveway between the two sites.  
Tim Grandy asked if one handicap parking space is adequate and why it was located away from the building.
Mr. Flaherty replied that up to 25 parking spaces, only one handicap space is required and has been located across from the entrance.    
Dr. Lincoln stated that the handicap space could be relocated closer to the building.  
Paul McAlduff was concerned with three curb cuts close together on Obery Street given the increased school population.  Mr. McAlduff encouraged the applicant to work with the abutters to create a shared driveway thereby eliminating one curb cut.  
Atty. Serkey stated that they will continue to work toward a shared driveway.
Ms. Massard stated that she would also contact the abutting owner, if needed.  
Marc Garrett noted that three contiguous parcels have a similar use.  Mr. Garrett felt that three expansive parking areas and three curb cuts are unacceptable.  He was very concerned with public safety along Obery Street in this area where Jordan Hospital, Plymouth North High School, the Council of Aging and these three medical office buildings converge.  
Ms. Massard stated that a comment could be added to the report that the Planning Board encourages the petitioner to work with the abutters to eliminate a curb cut, as the Board is advisory to the Building Commissioner.   
Atty. Serkey suggested postponing any action to October 15, 2012 in order to see if letters to the abutting owners would result in a single curb cut.
Paul McAlduff moved for the Board to continue the site plan review to October 15, 2012 in order for letters to be sent to the abutters raising concern about the curb cuts and inviting them to attend the October 15th Planning Board meeting to further discuss alternatives; Bill Wennerberg, second; the vote was unanimous (5-0).

Appointment:  Nicholas Sivieri
B560 – Hillside Estates (off Shallow Pond Lane) Project Update
The Board received the following documentation* for review of this case:
Copy of e-mail sent to applicant September 19, 2012
Site Inspection Memo dated September 19, 2012
Copy of Vote granting Special Permit dated February 23, 2010
Locus Map and Site Photographs
Valerie Massard informed the Board that staff has had difficulty contacting Mr. Sivieri regarding a number of unfinished items within the Hillside Estates subdivision.  All future updates will be through the Planning Board.  The covenant has expired and if the Board chooses an extension could be granted once the outstanding issues have been addressed.  
Nick Sivieri explained that NStar had to revise a plan which created a 4-5 month delay.  The first phase was installation of the infrastructure.  Power was installed in January 2012.  The small erosion problems have been handled and he is moving toward constructing phase 2.  There is also ongoing litigation between a buyer and the owner.  
Ms. Massard noted that the primary issues have not been addressed.  The issues include debris from construction, and erosion at the entrance is continuing onto abutting properties.  Ms. Massard suggested that these issues be addressed prior to any action by the Board.   
Mr. Sivieri noted that he sends a maintenance crew there weekly.  He stated that the subdivision will be completed as designed and approved.  The land gift has yet to be completed and a few items of the list need to be addressed by his attorney.  The front entrance hasn’t changed since the project was initiated.  
Tim Grandy asked if the bullet items on the list provided by staff could be addressed by the October 15th meeting.  
Mr. Sivieri stated that he originally was working with Plymouth Housing for the marketing of the affordable unit.  It will now be marketed by the Redevelopment Authority.
Paul McAlduff noted that the pictures the Board received are showing debris that needs to be removed.
Malcolm MacGregor, Bill Wennerberg and Marc Garrett felt that all the bullet points have to be addressed before the Board will take any action to extend the covenant.  Mr. Garrett requested a written document addressing each of the points be submitted to the Board.  
Tim Grandy moved for the Board to continue the discussion to the October 29, 2012 meeting in order to give Mr. Sivieri time to address the outstanding issues; Paul McAlduff, second; the vote was unanimous (5-0).   

Other Business:
“Topics not reasonably anticipated by the Chair 48 hours in advance of the meeting.”
Discussion – Article 33
Wind Moratorium Motion
Marc Garrett initiated a discussion regarding the proposed wind moratorium motion.  The Board of Selectmen and Advisory and Finance Committee did not support the proposed petition or the amended petition.  As it stands now, no one is providing a motion for action.  There are two options: the Planning Board could motion for action at Town Meeting or the proponents could get two Town Meeting members to motion and second their proposed article.  
Paul McAlduff was not in favor of the Planning Board moving an article on Town Meeting floor.  
Malcolm MacGregor did not support the Planning Board moving the article on Town Meeting floor as the petitioners have an alternative.  
Tim Grandy was in favor of the Planning Board moving the discussion on Town Meeting Floor.  
Ken Buechs felt that the Town Meeting members should be informed of the Planning Board’s discussion prior to their vote that amended the petition.  
Bill Wennerberg felt that the Planning Board should be prepared to speak to the goal of the vote, but not motion the discussion.  
Marc Garrett felt that Planning Board should take a leadership role and was supportive of the Board moving the amended petition on Town Meeting floor.
Tim Grandy moved for the Chair of the Planning Board to move the amended petition on Town Meeting floor; there was no second.
Bill Wennerberg moved for the Chair to speak to both sides of their discussion on the vote for the amended petition if the article is moved on the Town meeting floor by Town Meeting members; Malcolm MacGregor, second; the vote was (3-2) with Tim Grandy and Marc Garrett in opposition.  

Malcolm MacGregor moved for the Board to write a letter of support to Jonathan Beder, DPW Director, regarding the Pinehills installation of crosswalks on Beaver Dam Road in the vicinity of Clark Estates and the Great Island neighborhood; Paul McAlduff, second; the vote was unanimous (5-0).

Tim Grandy moved to adjourn at 9:45 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: October 15, 2012
Administrative Assistant