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, Malcolm MacGregor, and Bill Wennerberg
Planning Board Alternate: Ken Buechs
Staff Members: Lee Hartmann
Recording Secretary: Eileen Hawthorne
Marc Garrett acknowledged the recent passing of Alba Thompson and Oliver Durrell, III and their numerous contributions to the Town. A moment of silence was observed.
Administrative Notes:
Minutes:
December 17, 2012*
Handout: Revised Pages 4 and 6*
Paul McAlduff moved for the Board to approve the minutes of December 17, 2012 with the revisions as shown on the handout*; Malcolm MacGregor, second; the vote was unanimous (4-0).
Informal advisory review to Board of Appeals
#3359, CBF Realty Trust, 176 Sandwich Street – final site plan to reflect
Conservation Order of Conditions per Condition 2e
The Board received the following documentation* for review of this case:
Memo from Valerie Massard dated January 3, 2013
Board of Appeals Decision, Case No. 3359
Site Layout Plan dated December 8, 2008
Lee Hartmann explained that the petitioner’s attorney was before the Board informally to present a revised site plan (as a result of Condition 2e of the Conservation Order of Conditions). The project was originally approved for 9 units (two existing, 7 new including one affordable unit). The number of units has been reduced to 7 (two existing with 5 new market rate units) and the units have been moved back from the wetland resource area and been reconfigured. Final layout, landscape and architectural plans will be submitted at a later date.
Malcolm MacGregor moved for the Board to find that the relocation, reconfiguration and reduction in units as shown on the site layout plan dated December 8, 2008 is acceptable; Paul McAlduff, second; the vote was unanimous (4-0).
Lot Release:
B562 - Village at South Street Planning Board
Lee Hartmann stated that the developer has requested a lot release for occupancy for lot 62D-7. Previously four lots were released for construction purposes only. A closing is scheduled this week for lot 62D-7. The Board would be holding the remaining released and non-released lots as security.
Paul McAlduff moved for the Board to release lot 62D-7; Bill Wennerberg, second; the vote was unanimous (4-0).
Lot Release:
B554 – 269 Carver Road, Ann LaRocque (Graffam Road)
Lots 53-1 and 53-2 for construction only/no occupancy
The Board received the following documentation* for this review:
Handout: Copy of proposed lot release
Lee Hartmann explained that the developer of B554 – Carver/Graffam Roads, has requested permission to construct the houses and install utilities prior to finishing the road. The pipes for the septic systems need to be run under the road layout to leaching fields on the opposite side of the layout.
Marc Garrett suggested that the lots be released for construction purposes only and that occupancy be held until either the road is completed as an alternative to the posting of a performance guarantee.
Bill Wennerberg moved for the Board to release lots 53-1 and 53-2 for construction purposes only with occupancy being held until the road is completed; Paul McAlduff, second; the vote was unanimous (4-0).
Public Hearings: Town Meeting Articles
Display Boards (Zoning – Sign Definition)
The Board received the following documentation* for this review:
Draft language change for Section 205-19 of the Zoning Bylaw
Marc Garrett read the public hearing notice and opened the public hearing.
Seated: Paul McAlduff, Marc Garrett, Bill Wennerberg, Malcolm MacGregor
Lee Hartmann presented photographs of a display board that was installed at Plymouth North High School. The current Zoning Bylaw does not allow any internally lit signs. The School Department has requested that the bylaw be amended to allow the sign to be used to display community information. The proposed amendment would allow for Community Information Display Boards at Kindergarten through twelfth grade (K-12) educational facilities provided such boards:
Do not exceed 24 square feet in size;
Are located adjacent to the school’s primary entrances; and
Do not obstruct vehicular sight-lines.
Mr. Hartmann stated that the language would limit the display boards to all (K-12) schools including the Rising Tide Charter School.
Malcolm MacGregor stated that previous Planning Boards put a great deal of effort into prohibiting internally lit signs. Mr. MacGregor was unsure what future consequences would be as a result of allowing display boards at the schools.
Mr. Hartmann explained that there could be other uses that request display board signs, but it would take Town Meeting action to amend the bylaw for uses other than K-12 schools.
Bill Wennerberg suggested adding “active” to further define the K-12 schools where the signs would be allowed.
Marc Garrett noted that the Plymouth North and Plymouth South scoreboards are internally lit and temporary internally lit signs are used on highways and by police and fire departments. Mr. Garrett wanted to insure that the proposed language would limit display board signs to schools only.
Mr. Hartmann suggested revising the proposed language to school information display board for active K-12 schools.
Public Comment:
In Favor: None
In Opposition:
Everett Malaguti was concerned that display boards might impact public safety at smaller schools like the Hedge School in North Plymouth.
Mr. Hartmann stated that any proposed display boards would have to comply with sight distances and be approved by the School Committee.
Mr. Garrett noted that there would also have to be discussion about the size and scale of any proposed display boards.
Ken Buechs asked if signs on wheels that are illuminated are allowed for example, the police mobile radar units. Mr. Buechs felt there should be more enforcement of the signage bylaw.
Mr. Hartmann explained that the mobile radar units are in the Town right-of-way and are under the purview of the Board of Selectmen.
Paul McAlduff moved for the Board to close the public hearing; Bill Wennerberg, second; the vote was unanimous (4-0).
Paul McAlduff moved for the Board to support the article with the revised definition and language to define as “School Information Display Board” and to allow only at “active Kindergarten through twelfth grade schools”; Bill Wennerberg, second; the vote was unanimous (4-0).
Public Hearing (cont. from 12/17):
B576 Gunning Point Road - special permit request for 5-lot single-family residential development w/open space under Village Open Space Development
Map 123, Lot 1P-1282
Due to absence of Planning Board member(s), a request to continue to the hearing to February 11, 2013 will be made at the meeting.
The Board received the following documentation* for this review:
Memo from Valerie Massard dated January 3, 2013
Handout: Letter from Attorney Robert Betters dated January 7, 2013
Marc Garrett read a letter from Atty Robert Betters requesting a continuance. Mr. Garrett suggested continuing the public hearing to February 25, 2013, 7:15 p.m.
Paul McAlduff moved for the Board to continue the public hearing for B576 – Gunning Point to February 25, 2013 at 7:15 p.m.; Bill Wennerberg, second; the vote was unanimous (4-0).
Light Industrial Building Height (cont. from 12/17)
The Board received the following documentation* for this review:
Draft language change for Section 205-17 of the Zoning Bylaw
Lee Hartmann reviewed the areas in the North Plymouth and Camelot Industrial Parks that have been proposed as an overlay district to allow increased building height. Buffering has been provided for any residential neighborhoods. The additional building height will encourage structured parking. In order to address the Board’s concerns, the following language has been added to the proposed bylaw amendment:
All roof mechanical devices (except for solar panels) are screened from view of traveled ways;
The building design complies with the Massachusetts Energy Stretch Code (insert reference) as amended; and
The site is designed as a unified complex that includes adequate provisions for benches, tables, walking and cycling trails to serve the site’s tenants and customers.
Mr. Hartmann acknowledged that the Fire Department, DPW and Town Manager are supportive of the proposed article and Town Counsel has reviewed and is supportive of the proposed language.
Bill Wennerberg felt that compliance with the Stretch Code should be encouraged, not required as it creates a disadvantage for builders.
Paul McAlduff and Malcolm MacGregor were in support of requiring compliance with the Stretch Code.
Ken Buechs stated that the Industrial/Commercial/Office Land Study Committee (ICO) worked diligently to identify areas appropriate for increased development. The committee felt that increasing building heights in existing industrial parks would be preferable to rezoning land.
Marc Garrett was concerned about requiring compliance with the Stretch Code when it has not become a state regulatory code yet. He suggested changing the language to encourage building design to strive for Stretch Code implementation.
Mr. MacGregor suggested eliminating Camelot Park from the proposed article as there is already a zone that allows a 55 ft. building height which has not been utilized; it would be in competition with the North Plymouth Industrial Park, and there is an existing traffic/public safety issue along Long Pond Road.
Mr. Hartmann stated that Camelot Park is a very compact site adjacent to Route 3 which makes it an area where you want to maximize its potential. The Town is constantly being pressured to allow car dealerships, box stores and other large retail and it is more prudent to create an incentive to keep higher end uses in an existing industrial area rather than rezone additional land. He also noted that the North Plymouth Steering Committee had no objections and the West Plymouth Steering Committee suggested a building height of 60 ft.
Public Comment:
Wynn Gerhard expressed her concerns with infrastructure issues along Rte 80 and Commerce Way, the visual, traffic and density impacts for neighborhoods surrounding the Plymouth Industrial Park and the creation of an urban environment within Plymouth.
Ms. Gerhard suggested looking at clearing the title for the “1000 acres” in South Plymouth or other parcels in different areas of Town. She also felt that the special permit process provides some protection for neighborhoods and residents.
Lee Hartmann noted that land adjacent to residential neighborhoods has not been included in the proposed overlay district.
Everett Malaguti was concerned with the increased traffic that might occur along Cherry Street and the visual impact for North Plymouth.
Mr. Buechs stated that one of the reasons the ICO Committee is supportive of these two sites is their proximity to highway access.
Mr. McAlduff was supportive of both proposed areas. Mr. McAlduff suggested that with the additional height proposed, parking could be structured underneath buildings. He noted that clearing the title on the “1000 acres” would cost millions of dollars.
Bill Wennerberg moved to close the public hearing and then withdrew the motion to continue discussion.
Mr. Garrett stated that the goals of the ICO Committee included identifying areas for potential industrial development and moving forward with both short and long term projects that would benefit the Town. He was concerned with requiring compliance with the Stretch Code and suggested rewording so that building design would comply with current energy standards as required by the Commonwealth of Massachusetts.
Mr. Hartmann suggested adding the proper reference information for the Stretch Code and language that building design must comply with the intent of the Massachusetts Energy Stretch Code.
Paul McAlduff moved to close the public hearing; Bill Wennerberg, second; the vote was unanimous (4-0).
Paul McAlduff moved for the Board to approve the proposed article as follows:
Not withstanding Section 205-17(2)(a and b), to encourage economic development and structured parking, structures may be built, constructed, erected, or expanded by right to a height not to exceed 75 feet within the Light Industrial Building Height Overlay District as delineated on the Official Zoning Map, following a determination by the Planning Board in accordance with the procedures referenced in § 205-5B, Procedures for Zoning Permits, that the building and site plans comply with the following standards:
- All rooftop mechanical devices (except for solar panels) are screened from view of traveled ways;
- The building design complies with the intent of the Massachusetts Energy Stretch Code (insert reference) as amended; and
- The site is designed as a unified complex that includes adequate provisions for benches, tables, walking and cycling trails to serve the site’s tenants and customers.
Bill Wennerberg, second; the vote was (3-1) with Malcolm MacGregor in opposition.
Paul McAlduff moved to adjourn at 8:42 p.m.; Bill Wennerberg, second; the vote was unanimous (4-0)
*On file with the Office of Planning and Development in project case files.
Respectfully Submitted,
Eileen Hawthorne Approved: January 14, 2013
Administrative Assistant
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