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:
March 11, 2013*
The Board approved the minutes of March 11, 2013 as presented.
Form A Plans*:
The Board determined that that the Following Form A plans were entitled to endorsement:
A4451 – RESP Development Corp, Manomet Beach Blvd/State Road, Map 49, Lots 2-264Z (inc. 2-265, 2-296 and 2-297 (0.47A), and 7A (0.23A) – Divide to create Lots 2-833 (15,306 sf) and 2-834 (16,388 sf) per ZBA Case 3689
A4452 – Barry & Linda Maffini, 57 Gunners Exchange Road, Map 84, Lots 20A and 20B – Lot line adjustment to create Lots 20-1 and 20-2
Malcolm MacGregor moved for the Board to approve the Administrative Notes as presented; Paul McAlduff, second; the vote was unanimous (5-0).
ZBA 3704 – Michael Heath
185 Billington Street, Map 100, Lot 14-1
Request for variance of area, depth, width and frontage requirements in order to subdivide a pre-existing lot to convey a portion to abutter to quiet title
The Board received the following documentation* for review of this case:
Staff Report
Locus Map
Site Plan dated January 27, 2013
Randy Parker, Land Management System Inc., presented a request for a variance of area, depth, width and frontage requirements in order to divide a pre-existing lot to convey a portion to an abutter to quiet title and settle an adverse possession claim. The owner of lot 14-1 has agreed to convey a 2,100 sq. ft. parcel to the abutting owner.
Valerie Massard noted that in this situation a variance is needed to quiet title. Lot 14-1 will be reduced to an undersized lot by the conveyance of the 2,100 sq. ft. parcel.
Malcolm MacGregor moved to recommend approval to the Zoning Board of Appeals; Tim Grandy, second; the vote was unanimous (5-0).
ZBA 3706 – Keith Whitaker/Muir Real Estate Trust
5-7 Sever Street, Map 17, Lot 66-1
Special Permit to waive side setback requirements in order to divide property into two lots in a DH zone
Staff Report
Historic District Commission Report
Locus Maps
Site Plan dated January 23, 2013, revised March 13, 2013
Don Bracken, Bracken Engineering, presented a request for a Special Permit to vary the side setback requirements in order to divide an existing property into two lots. The lot had two structures connected by an ell. One structure has been demolished to the foundation and the ell has been removed. The existing structure will remain on proposed parcel 66-3 and will have a 4.3 ft. setback from the property line. The proposed structure on lot 66-4 will be constructed on the existing foundation and will have a 4.3 ft. setback from the property line. A future 14 ft. by 36 ft. addition is proposed for the front of the building.
Valerie Massard noted that the proposed lot line divides the space between the remaining foundations in equal parts. The proposal was reviewed by the Historic District Commission and they were supportive.
Public Comment:
Elspeth Filla, owner of 4 condominiums on Russell Street which abut the property, expressed her concerns with the easements on record that are associated with the properties, which need to be adjusted, and an easement for surface water drainage and a catch basin that was not shown on the plan. Ms. Filla had been working with the previous owner on these issues. Ms. Filla was also concerned with drainage from the site onto her property; a sidewalk easement; and increased density that could occur on the site.
Mr. Bracken commented that the easement issues were not relative to the Special Permit, but he would do what he could to help the situation.
Nicholas Filla felt that it was important to document the easements before the property transfers ownership.
Malcolm MacGregor felt that there were enough issues that should be address and staff should have time to review and comment.
Don Bracken stated that he would be willing to meet with the Fillas to try to address their concerns.
Marc Garrett noted that easements and agreements go with the property, not the ownership. He felt it was important to address the issues before a recommendation could be rendered by the Board.
Malcolm MacGregor moved for the Board to continue their review of ZBA #3706 to April 1, 2013; Paul McAlduff, second; the vote was unanimous (5-0).
Conceptual Review - VOSD
Frank and Agnes Dunlap Life Estate
305 Sandwich Street/Map 26, Lot 21
Two residential lots with open space
Staff Review
Property Record Card
Locus Map
Site Plan dated February 15, 2013
Mark Flaherty, Flaherty and Stefani, Inc., presented a request to divide a 73,862 sq. ft. lot into two residential lots (18,173 sq. ft. and 16,351 sq. ft.) with an open space area of 39,338 sq. ft. There is an existing house on the property that would remain and a single family home would be constructed for the owner’s granddaughter and her family on the new lot. A new driveway would be created to access the new home. The property abuts a field on the Jordan Hospital property.
Valerie Massard noted that a two family dwelling by special permit could be constructed on the property part of the VOSD’s intent is to stay in keeping with the Village Master Plan goals. The Plymouth Center Master Plan identifies the need to construct infill housing in character with existing neighborhoods. The property is located near the hospital, a high school, and convenience store. The site is on a public road with sidewalks and Town water and sewer are available. Ms. Massard noted concerns as follows: there should be adequate landscaping to act as a meaningful buffer between the two homes; the width of the driveway will have to be adequate for emergency vehicle access and should be reviewed by the Fire Dept.; and abutters and other Town departments have not had the opportunity to review the proposal and
comment.
Malcolm MacGregor asked if a pork chop lot could be created instead of creating a VOSD.
Ms. Massard stated that Sandwich Street is a major street and she did not think the property would support a pork chop lot.
Tim Grandy asked about potential development on the Jordan Hospital property and commented that the open space was marginal at best.
Ms. Massard replied that at one time the Jordan Hospital was considering a medical office building for that portion of the property, which has been relocated to another area, but a future building could be proposed.
Marc Garrett asked why a VOSD is being proposed for this site.
Mr. Flaherty replied that the property is in the R25 zone and the open space would be left as an overall wooded buffer for abutting properties. The area is mostly single family homes and the VOSD is the best mechanism in the Bylaw to try to get the lot approved.
Mr. Garrett commented that the proposal is a marginal VOSD and not what the ideal vision of the bylaw was intended for. The Bylaw uses the word “meaningful”, which is an individual perception. Open space here may be “meaningful” to the abutters.
Bill Wennerberg felt that the project was good residential infill and the open space would be meaningful to abutters.
The Board looks forward to further review of the proposed VOSD application.
ZBA 3705 – Charles Tufankjian
356 & 357 Court Street, Map 5, Lot 112A
Special Permit to exceed size requirements and a variance to exceed the number of signs allowed at Plymouth Hyundai. This is a post-facto filing.
Staff Report
ZBA Decision 1488
Locus Maps and Site Photographs
Signage Plan
Charles Tufankjian from Hyundai of Plymouth introduced himself to the Board.
Valerie Massard presented photographs and reviewed the history of the auto dealership and approved signage located at 356 and 357 Court Street. The post-facto filing before the Board is a request for a variance to exceed the number of signs allowed and a special permit to allow signs that exceed the size requirements. One single architectural sign up to 85 sq. ft. is allowed and a second sign up to 20 sq. ft. is allowed. The total square footage of the multiple signs is approximately 226.83 sq. ft. The applicant has not presented any documentation from Hyundai Corporate offices regarding their requirements for signage. Staff is recommending denial as the requirements for a variance and special permit have not been met and there are no unique circumstances.
Mr. Tufankjian stated that he did not realize that he was exceeding the number and size of allowed signage. When he bought the Hyundai Dealership it was in a run down condition, in financial trouble and did not have a good reputation. He is trying to turn that around and make the business work.
Tim Grandy asked if the awning is internally illuminated and asked what the size of the sign on the front of the building was.
Ms. Massard stated that it was permitted as a “halo effect” but when installed became an issue between the building inspector and the owner. She stated that the size of the sign on the front of the building was in excess of 134 sq. ft.
Mr. Grandy suggested that Mr. Tufankjian consider reducing the number and size of the signs.
Bill Wennerberg was supportive of the existing signage.
Paul McAlduff felt that the existing signage was overkill and should be reduced.
Malcolm MacGregor agreed that the signage should be reduced to comply with the bylaw as the nature of the location doesn’t require that much signage.
Marc Garrett commented that he understands that auto dealerships want to display their name. His concern was that the site is in the middle of a village center. He noted that the North Plymouth Steering Committee has not commented yet. Mr. Garrett suggested reducing the size within reason. He was concerned that no documentation has been received to support a variance.
Ken Buechs understood that they were trying to overcome a bad reputation. He agreed that the signs should be modified and that the steering committee should review the filing.
Ms. Massard informed the Board that the public hearing was being held on April 3, 2013 and suggested that the Board recommend denial without prejudice if the flexibility to allow a new filing was desired.
Mr. Wennerberg asked what percentage of the signs would have to be removed.
Mr. Garrett estimated about 60 percent.
Malcolm MacGregor moved to recommend denial without prejudice; Paul McAlduff, second; the vote was unanimous (5-0).
ZBA 3703 – Harald LLC
Off Home Depot Drive, Map 89, Lot 53
Special Permit subject to EDC for Gravel Removal of approximately 229,000 cu yds in an HC zone
Letter dated March 14, 2013 requesting postponement
Marc Garrett announced that the applicant has requested postponement of the Board’s review and that staff would work with the applicant to determine a mutually agreeable date.
Other Business:
“Topics not reasonably anticipated by the Chair 48 hours in advance of the meeting.”
Design Review Board designee
Letter from Joseph Marshall dated January 9, 2013
Copy of Zoning Bylaw, Section 205-12
Paul McAlduff moved for the Board to support Joe Marshall as their designee to the Design Review Board; Tim Grandy, second; the vote was unanimous (5-0).
Tim Grandy moved to adjourn at 8:33 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: March 25, 2013
Administrative Assistant
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