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Planning Board Minutes March 11, 2013
 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:   Lee Hartmann and Valerie Massard
Recording Secretary:  Eileen Hawthorne

Administrative Notes:                                           
Minutes:
February 25, 2013*

B536 – Sherman Woods:  Affordable Housing MOU*

Tim Grandy moved for the Board to approve the minutes of February 25, 2013 as presented and the Affordable Housing MOU which included provisions for a payment of $100,000 in lieu of an affordable unit.  The payments will be received by the Affordable Housing Trust in increments of $10,000 upon issuance of the first ten occupancy permits.  
Paul McAlduff, second; the vote was unanimous (5-0).

Informal Review – Coastal Restoration
        137 Court Street, Map 14, Lot 37
Project Specs, dated February 8, 2013
Table 5, Transitional Commercial
Locus Maps and Site Photographs
Existing Site Plan dated January 30, 2013
Option 2 Plan dated January 30, 2013
Aramie McMann, the prospective buyer of the property located at 137 Court Street introduced a proposal to turn an existing mixed use structure into a multi-family complex.   Jay McMichael, architect, Coastal Restoration, explained that the existing building is located in a Transitional Commercial (TC) zone and has been vacant since 2005.  The structure originally had a dentist office on the first floor with a residential unit on the second floor.  In order to make the project financially viable, a multi-family apartment structure is proposed that would consist of 4-1 bedroom apartments in the existing structure and 9-1 bedroom apartments (13 bedrooms) in an addition with storage areas and associated parking.  Another option that was considered and abandoned due to cost included 8-2 bedroom apartments (16 bedrooms).  
Valerie Massard was pleased that the potential project was brought in early to work with staff and vet any issues that might arise.  The proposed addition in terms of massing will preserve the historic feel of the downtown area.  There is adequate room for parking and water and sewer are available.  The site is approximately 3 blocks from downtown and one block from the waterfront.  
Paul McAlduff was impressed with the proposed architecture.  Mr. McAlduff was encouraged by the potential of residential growth in the village center.
Bill Wennerberg thought the proposal was in keeping with the village concept and was very supportive.  
Marc Garret was also supportive and asked if the project has been presented to the Plymouth Center Steering Committee.  He added that he is basically in favor.
Mr. McMichael replied that it has not been presented to the Steering Committee yet.  They wanted to get the Board’s feedback first.  
Public Comment:  None
The Board was supportive of the proposed 13 unit multi-family apartment project and looks forward to a formal filing.  

ZBA 3701 – Megryco, Inc. or its nominee
        76 Court Street, Map 17, Lots 32 & 33B
        (former Armory Building)
        Special Permits for a multi-family with greater than 8 units, alternates for Inclusionary Housing, for modification of design for onsite parking area.  
Staff Report
MOU for Inclusionary Housing dated February 21, 2013
Locus Map and Site Photographs
Building Elevations dated January 14, 2013
Site Permit Plans dated January 14, 2013
Handouts:
Site Photographs and Revised Parking Plan
Atty. Robert Betters began the presentation of a request for three special permits (for a  multi-family with greater than 8 units, and alternates for Inclusionary Housing) in order to renovate the existing “Armory Building” into 18 apartments with 2,000 sq. ft. of retail/office space.  A MOU for payment in lieu of Inclusionary Housing has been signed in which a single payment of $100,000 would be made to the Affordable Housing Trust upon the issuance of a building permit.  The Building Commissioner has determined that parking for the building is grandfathered, but a seven space parking area has been provided off Clyfton Street.  Exterior renovations must be approved by the Massachusetts Historic Commission (MHC).  The conceptual plan was reviewed by the Historic District Commission who was supportive, but a formal review will be submitted once comments have been received from MHC.  The original renovations showed 18-2 bedroom apartments, but the plan has been revised to show 12-2 bedroom apartments and 6-1 bedroom apartments.  The Plymouth Center Steering Committee has reviewed the proposal and they were supportive.  
Bill Shaw, Associated Engineers, presented the site photographs which showed a small grassy area in front of the building, seven parking spaces off Clyfton Street, a retaining wall, and handicapped access.  New sewer and water lines will be installed and there is underground electric and gas available on Court Street.   
Jeff Metcalfe, architect, reviewed the proposed architectural changes for the building which included a third floor addition and dormers.  The two bedroom units will be approximately 1400 sq. ft. and the one bedroom units will range in size from 683 sq. ft. to 775 sq. ft.   A side entrance with a handicap ramp will provide access to the handicap unit.  Building materials will include black sash aluminum clad or real wood windows and white cedar shingles with a gray and black scheme for the addition.  Once final comments have been received from MHC the final architectural plans will be drafted.  
Valerie Massard noted that the Armory was built in 1906 and is similar in style to other armories built up to World War I.  The renovated building will bring year round residents to the downtown area.  The interior and exterior changes are subject to MHC recommendations.  The project will improve drainage in the area by treating and containing stormwater on site.  Ms. Massard stated that staff is supportive of the payment in lieu of an affordable unit.  Ms. Massard suggested that the proponent return on an informal basis regarding any significant changes proposed by MHC.  
Paul McAlduff asked if there would be a lift for the handicap unit and what the parking plan would be for overflow vehicles.  
Mr. Metcalfe replied that the handicap unit is one level and will be accessible off Clyfton Street.  
Rick Vayo, applicant, stated that a purchase and sale agreement has just been signed with the rear abutter at 11 Clyfton Street which will allow for additional parking to handle the overflow of vehicles.  
Malcolm MacGregor asked what the retail/commercial component would consist of and whether the units would have storage.
Mr. Vayo stated that the commercial component would consist of two units of 850 sq. ft. on either side of the central stair case and that he would prefer office space, not retail.  Each unit will have a 16’x35’ storage area in the basement.  
Tim Grandy asked where the mechanicals would be located.  Mr. Grandy suggested adding detail to the windows on the addition to keep in character with the existing windows.  
Mr. Metcalfe stated that the mechanicals would be interior; located between each unit.
Ken Buechs asked for lights to be incorporated into the plan for the parking lot and building to provide safety for the residents.   
Mr. Vayo replied that there would be a full lighting plan for the parking lot and building.
Marc Garrett asked if the existing building on the abutting property that the applicant is purchasing would remain as is and if a landscaping plan would be submitted.  
Mr. Vayo stated that the existing building on the abutting property would remain and that the landscaping would include grass, low shrubs and simple plantings to retain the character of the building.  
Bill Wennerberg suggested adding some street trees along Clyfton Street and using landscaping to minimize the impact of the parking lot.   
Public Comment:
In Favor:  
Jason Carlton, owner of property to between the Armory and the church stated that he spoke to his tenants and they and his family are supportive.  They did have some concerns with parking, but it seems that it has been addressed.  Mr. Carlton asked how much additional square footage would be added to the building and requested that the drainage swale that was installed by the State remain or drainage be contained..    
Mr. Vayo stated that the addition would be approximately 10,000 sq. ft.
Ms. Massard noted that the proposed conditions include a request for drainage calculations to insure that drainage will be retained on site.
In Opposition or with questions:
Peter Curley asked how the additional parking would be provided and suggested that instead of white cedar shingles, something more in keeping with the brick façade would be preferable.
Mr. Shaw explained that parking would be provided off Clyfton Street extending approximately 61 feet along the rear of the building.  
Mr. Metcalfe stated that MHC did not want the addition to be brick clad, and Mr. Garrett clarified that shingles made from white cedar (as opposed to red cedar) fade to gray.  
Mary Curley asked how the handicap access would be provided and if the color could be something other than white.  
Mr. Metcalfe showed the handicap ramp that would provide access from the parking lot to the unit.
Mr. Vayo stated that the color scheme would be gray and black.  
Alan Zanotti, representing PGDC, was concerned whether there would be adequate parking.  
Mr. Shaw explained that they will provide as much parking on site as possible.  
Lee Hartmann stated that several other large projects are being proposed for the downtown area.  Parking will always be a challenge in the downtown area, but the solution will not always be to provide parking on site.  

Marc Garrett requested that final plans for the parking lot, lighting and landscaping be reviewed by the Board.
Tim Grandy moved for the Board to recommend approval to the Zoning Board of Appeals subject to the following conditions:
If the Board of Appeals is satisfied with the signed MOU dated February 21, 2013 included with the Petition, the MOU will be binding upon the granting of this special permit per Section 205-71.
Prior to issuance of a Building Permit:
  • A Zoning Permit must be issued;
  • The proposed project is in the Historic District and is subject to review by the Town of Plymouth Historic District Commission and the Massachusetts Historic District Commission.  Significant changes to the proposed plan, if any, resulting from this process shall be brought before the Board of Appeals in an informal process for informational purposes;  
  • The Petitioner will return on an informal basis to the Planning Board for advisory review, and to the Board of Appeals for final approval, with landscaping and lighting plans for the exterior of the site and associated parking areas;
  • If a trash receptacle is proposed, the plans will show that the trash receptacle shall be appropriately screened from public ways;  
  • The Petitioner shall submit documentation demonstrating conformance with Section 205-65 of the Bylaw, Prevention of Light Pollution, shall be submitted to the satisfaction of the Building Inspector;
  • Evidence of payment of any back taxes owed to the Town, if any, in the form of a  Municipal Lien Certificate, shall be provided to the Building Commissioner;
  • Evidence of recording of this Special Permit at the Plymouth County Registry of Deeds or the Land Court shall be presented to the Building Inspector;
  • Evidence per Section 205-54 B (1) that each unit contains a minimum floor area of 720 SF for two-bedroom units shall be provided to the Building Commissioner;
  • Construction plans shall include details for the proposed retaining wall at the parking area, and shall include drainage calculations which demonstrate that stormwater treatment for this portion of the property is improved over existing conditions, to the satisfaction of the Building Commissioner;
  • Construction plans shall include details for grading, if any, associated with the installation of the ground level windows, and shall include drainage calculations which demonstrate that stormwater treatment for this portion of the property is improved over existing conditions, to the satisfaction of the Building Commissioner;
  • 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;
  • Construction plans shall include a submittal of wastewater flow calculations to the Plymouth DPW for review and approval, and construction plans must be submitted to the Plymouth DPW for final review and approval of the proposed public sewer connection.  Construction plans must show adequate detail on the size and material of the proposed sewers, including service laterals, cleanouts and manholes.  Locations of existing mains and services must be shown on the plans;
  • A Street Opening Permit from DPW is required for all projects involving a street opening, whether or not Town utilities are involved in the reason for the street opening;
  • Adequate static pressure and fire flow testing results for the project (as performed through the DPW Water Division or its designee), or a written confirmation that the test is not needed from the Water Division, shall be submitted to the Building Commissioner; and
  • The location of a fire hydrant, if required, and other requirements of the Fire Chief must be satisfied.
Minor modifications to the design and location of buildings, parking, landscaping and other site elements may allowed by the Building Commissioner (aka 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:
  • A Registered Landscape Architect or other qualified licensed professional must certify to the Building Commissioner that the required landscaping has been installed substantially in accordance with the approved site plan and Zoning Bylaw;
  • A report must be submitted to the Building Commissioner by a Registered Professional Engineer, certifying that the drainage system, drive ways, curbing, and parking areas according to accepted practices and in compliance with the Zoning Bylaw and approved site plan;
  • Satisfactory completion of any curb cut improvements constructed by the Petitioner, including repair of any damaged monuments or benchmarks as noted on the plans if located in the vicinity of the proposed work, shall be performed by the Petitioner;
  • Off-site drainage or roadway improvements, if any, as shown on the approved plans, shall be installed to the satisfaction of the Department of Public Works and the Building Commissioner;
  • All requirements of the Town Water Department with respect to water connections shall be satisfied; and
  • All requirements of the Town Sewer Department with respect to sewer connections shall be satisfied.
If after a period of two (2) growing seasons any of the installed landscaping has failed to thrive, the Petitioner shall replace said failing landscaping materials to the satisfaction of the Building Commissioner.
Paul McAlduff, second; the vote was unanimous (5-0).  

ZBA 3702 – Seven Russell Street LLC
        7 Russell Street, Map 17, Lot 65
        (former Registry of Deeds Building)
        Special Permit for greater than 8 units, Inclusionary Housing, and waiver of off street parking requirements if necessary
Staff Report
Letter from Flaherty & Stefani, Inc. dated January 17, 2013
Zoning Denial dated November 8, 2012
Property Record Card
Locus Map and Site Photographs
Building Plans, Elevations and Sections dated October 22, 2012
Site Plan dated December 27, 2012
Marc Garrett read letter from Atty. Edward Angley requesting withdrawal without prejudice in order to address outstanding issues.  There was no discussion.


Other Business:
“Topics not reasonably anticipated by the Chair 48 hours in advance of the meeting.”
1820 Courthouse Discussion
Marc Garrett stated that on March 5, 2013, a joint meeting was held with the Board of Selectmen, School Committee, Advisory and Finance Committee, Plymouth Redevelopment Authority and Building Committee to which the Planning Board was invited to discuss the future of the 1820 Courthouse.  The boards and committees were asked to vote to support a concept for a municipal use of the building.  The municipal use could include relocating the Town Hall and the School’s Administrative offices to the Courthouse.   There was no discussion as to the cost of the concept.  
Tim Grandy stated that a feasibility study costing up to $75,000 would be done to determine the viability of the municipal use.  
Malcolm MacGregor stated that the municipal alternative was a good alternative among many and should be considered along with other alternatives so a comparison could be done to determine the best use.  
Tim Grandy moved for the Board to support a feasibility study of a municipal use for the 1820 Courthouse; Malcolm MacGregor, second; the vote was unanimous (5-0).   

Tim Grandy moved for the meeting to adjourn at 9:15 p.m.; Paul McAlduff, second; the  b was unanimous (5-0).  

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

Respectfully Submitted,




Eileen Hawthorne                                        Approved:  March 18, 2013
Administrative Assistant