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, and Malcolm MacGregor
Staff Members: Lee Hartmann
Recording Secretary: Eileen Hawthorne
Administrative Notes:
Minutes*:
The Board approved the minutes of January 28, 2013 as presented.
Paul McAlduff moved for the Board to approve the minutes of January 28, 2013 as presented; Tim Grandy, second; the vote was (3-0-1) with Marc Garrett in abstention.
ZBA 3699 – 4M 9 Aldrin Road, Map 101, Lot 41G – Special Permit for a dance studio in the LI zone
The Board received the following documentation* for review of this case:
Staff Report
Fire Department Comments dated January 17, 2013
ZBA Decision Case No. 3646
ZBA Decision Case No. 3077
Locus Map
Proposed Plan (interior renovations) dated December 19, 2013
Site Plan dated December 29, 2013
The Board recommended approval of ZBA 3699 subject to the following conditions:
A Municipal Lien Certificate will be provided to the Building Commissioner as evidence of payment of any back taxes, fees or penalties owed to the Town, if any.
Evidence of recording of this Special Permit at the Plymouth County Registry of Deeds or the Land Court will be presented to the Building Inspector, and the plans will be recorded with the Special Permit.
B563 – Rosemont/Howard VOSD – Site Plan, Long Term Open Space Management Plan, and Invasive Species Clean-Up Plan
The Board received the following documentation* for review of this case:
E-mail correspondence dated January 30 and 31, 2013
Open Space Management and Maintenance
Copy of Special Permit vote dated February 2, 2010
Zoning Application Plan dated January 23, 2013
Village Open Space Plan dated April 16, 2010
The Board accepted the Site Plan, Long Term Open Space Management Plan and Invasive Species Clean-Up plan as presented.
Covenant Extensions:
B505 – Pickerel Cove
The Board received the following documentation* for this review:
Email correspondence from Lee Castignetti dated January 24, 2013
The Board approved a covenant extension for B505 – Pickerel Cove.
B426 – Little Hios Hills (a.k.a Ship Pond Estates)
The Board received the following documentation* for this review:
Letter from Thomas G Fitzgerald Corp. dated January 28, 2013
The Board approved a covenant extension for B426 – Little Hios Hills (a.k.a. Ship Pond Estates)
Lot Release:
B437 – Pinehills LLC – Market Block, Lot 10-417, Meeting Way
The Board received the following documentation* for this review:
Instrument of Release of Covenant for Lot 10-417
The Board approved and endorsed a lot release for Lot 10-417 on Meeting Way in the Pinehills Development.
Form A Plans:
The Board determined that that the Following Form A plan is entitled to endorsement:
A4449 – High Rock Cranberry Crescent LLC, Map 105, Lot 1-27 (53.59A) – Divide into Lots 1-30 (12.27A), 1-31 (17.44A), 1-32 (6.8A), 1-33 (2.41A) and 1-34 (14.67A)
Paul McAlduff moved for the Board to approve the remainder of the Administrative Notes (excluding the Minutes of January 28, 2013); Tim Grandy, second; the vote was unanimous (4-0).
ZBA 3700 – 880 State Road 2012 Realty Trust
880 State Road, Map 48, Lot 49-173 and 49-174
Special Permit subject to EDC in order to create two 15,000 sq. ft. lots
The Board received the following documentation* for review of this case:
Staff Report
Letter from Joshua M Bows P.E. dated January 8, 2013
Fire Department Comments dated January 17, 2013
Environmental Impact Statement dated December 28, 2012
Locus Maps and site photographs
Special Permit Site Plan dated January 8, 2013
Joshua Bows, Merrill Associates and applicant, presented a request for a special permit to subdivide a 32,000 sq. ft. lot with an existing single family home into two lots (15,323 sq. ft. and 16,369 sq. ft. A portion of the site has existing tennis courts and a manicured lawn with a few trees and shrubbery. There is an existing curb cut on State Road that will not be utilized. Access will be through a common drive off Winslow Street. The proposed house for the newly created lot would be approximately 2,000 sq. ft. with three bedrooms, two bathrooms and a garage. A new Title V septic system will be installed.
Lee Hartmann noted that by-right, a two family dwelling could be constructed on the site, but a second free standing house is more in keeping with the neighborhood.
Malcolm MacGregor stated that the adjacent lot is under the same ownership and asked whether that lot should be combined with the proposed site. He was concerned that a third house would be constructed and suggested that a triplex would preferable to three single family homes and create less site disturbance.
Mr. Hartmann stated that he would confirm with the Building Inspector that these lots are in separate ownership.
Mr. Bows noted that the adjacent property is under a different trust with the same trustees.
Tim Grandy stated that single family dwellings would be more in keeping with the character of the surrounding neighborhood.
Marc Garrett suggested adding a finding that a technical issue with ownership has been identified and adding a condition that would abandon the existing curb cut on State Road and clarify that access would be off Winslow Street.
Tim Grandy moved for the Board to recommend approval of ZBA 3700 with the additional finding regarding ownership and subject to the following conditions:
Prior to issuance of a Building Permit on the new buildable lot:
- Due to the driveway easement on the proposed Lot 2, which has an area of 2,200 SF, the lotting must be adjusted to increase the remaining land for Lot 2 to bring the effective area to at least 15,000 SF, which can be accomplished because there is adequate land area on the property. Utility easements on both properties should also be shown. (Per Section 205-3, Definitions, Lot Measurements, Paragraph 3).
- A subsequent Approval Not Required (ANR) division of land will be filed with the Planning Board reflecting the proposed lot configuration and shall be recorded with this Decision. Evidence that this special permit and the Plan have been recorded at the Registry of Deeds shall be provided to the Board of Appeals and Building Commissioner;
- A Municipal Lien Certificate shall be provided to the Building Commissioner as evidence of payment of any back taxes, fees or penalties owed to the Town, if any;
- Construction plans must be submitted to the Plymouth DPW for final review and approval of proposed connections to public water. Construction plans must show adequate detail on the size and material of the proposed water mains and fire service lines, including valves, fittings, hydrants, post indicator valves and other related appurtenances. Locations of existing mains and services must be shown on the plans;
- A Street Opening Permit for connection to the water system and any private utilities is required from the DPW Engineering Division;
- A Zoning Permit must be issued; and
- Final site plans for the development of any future residence shall be submitted to the Planning Board for an advisory recommendation to the Board of Appeals for the Board of Appeals’ final approval. Landscaping mechanisms are encouraged between sight lines from windows in laying out the site.
Any structures on the two properties shall comply with the environmental design conditions for small lots of less than 20,000 square feet as set forth in §205-43, Paragraph H.
Minor modifications to the design and location of buildings, parking, landscaping and other site elements may allowed by the Building Commissioner (a.k.a. Director of Inspectional Services) to accommodate reasonable and/or necessary field conditions which modifications do not amount to a substantial modification of the plans. Such changes as substituting a particular plant material or number of shrubs or trees where it is impractical to do something, or move a building in a manner which does not materially change the project, or slightly reconfigure a drainage area or parking space may be allowed.
Prior to issuance of a Final Occupancy Permit, all requirements of the Town Water Department with respect to water connections shall be satisfied.
The applicants no longer use the existing curb-cut located on State Road. For safety reasons, they have agreed to vacate the use of this curb-cut.
Paul McAlduff, second; the vote was unanimous (4-0).
Other Business:
“Topics not reasonably anticipated by the Chair 48 hours in advance of the meeting.”
Malcolm MacGregor asked staff to contact the Building Commissioner regarding cleanup of Hedges Pond Road.
Lee Hartmann stated that the proposed Capital item for the funding of the update to the Zoning Bylaw is being supported by the Town Manager. The existing bylaw is 40 years old and has been amended frequently. The revisions would include minor changes that don’t change the intent of the bylaw, some intermediate changes and major changes.
Marc Garrett announced that the February 11th meeting only has one item for the Board’s consideration and asked if the Board wanted to move the item to the meeting on February 25th.
The Board agreed to move the item to February 25th meeting and cancel the meeting on February 11, 2013.
Tim Grandy moved to adjourn at 7:33 p.m.; Paul McAlduff, 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: February 25, 2013
Administrative Assistant
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