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Planning Board Minutes June 24, 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, and Bill Wennerberg
Planning Board Alternate:  Ken Buechs
Staff Members:   Lee Hartmann and Valerie Massard
Recording Secretary:  Eileen Hawthorne

Administrative Notes:
Minutes*:
June 10, 2013
The Board agreed to postpone action on the Minutes of June 10, 2013 until the next meeting.  

ZBA 3715 – Jiping Wang
        45 Samoset Street, Map 13, Lot 5B
        Special Permits for personal services and waiver of off street parking in order to open a massage facility
The Board received the following documentation* for review of this case:
Staff Report
Unofficial Property Record Card
Engineering Department Comments dated June 12, 2013
Locus Maps and site photographs
Site Sketches
Site Plan dated May 4, 2013
Handout:  Fire Department Comments received June 24, 2013
The Board recommended approval to the Zoning Board of Appeals of Case No. 3715 for Jiping Wang subject to the following conditions:
Prior to issuance of a Building Permit:
  • The wastewater flow calculations associated with this change of use shall be reviewed by the Sewer Division.  All connections to Town sewer are subject to wastewater flow availability and payment of all applicable sewer connection fees.  Plans must show adequate detail on the size and material of the existing sewers, including service laterals, cleanouts and manholes.
  • The existing water service shall be shown to the extent known.
Feasibility to create an access ramp to the entrance shall be considered and shall be added to the plans if it can be accomplished.
  • The site shall be provided with enter only and exit only signs to improve traffic flow through the site.
Prior to issuance of a Certificate of Occupancy:
  • The parking lot shall be cleaned up and re-striped to accommodate at least six (6) vehicles including one (1) 96-inch aisle ADA parking space.
  • 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; and
  • 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.

ZBA 3716 – 37 Beach Street Realty Trust
        Joanne Silva, Trustee
        37 Beach Street, Map 45, Lot 39-91
        Special Permits to waive the front and side setback requirements and to enlarge a non-conforming structure in order to construct a 9.5’x28.3’ porch
The Board received the following documentation* for review of this case:
Staff Report
Engineering Department Comments dated June 12, 2013
Unofficial Property Record Card
Plot Plan of Land dated April 30, 2013
The Board recommended approval to the Zoning Board of Appeals of Case No. 3716 for 37 Beach Street Realty Trust subject to the following conditions:
Prior to issuance of a Building Permit:
  • The existing water service shall be shown to avoid any conflicts with the proposed foundation/sonotubes.
Prior to a Certificate of Occupancy:
  • 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; and
  • 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.
Tim Grandy moved for the Board to approve the Administrative Notes with the exception of the Minutes of June 10, 2013; Marc Garrett, second; the vote was unanimous (3-0).  

ZBA 3718 – Thomas and Karen O’Reilly
Tilton Street, Map 27, Lots 55-235 & 55-236
Variance of frontage requirements, (needs a minimum of 50 ft. for frontage) Parcel 55-235 may be combined with 55-236 to create a buildable lot
Staff Report
Project Narrative
Locus Map
Plan to Accompany Zoning Application dated April 8, 2013
Don Bracken, Bracken Engineering, explained that the request for a variance of area and frontage requirements is the result of an error on a 1913 plan.  The lots have existed since the early 1900’s and have changed hands within the same family over the years.  The original plan showed each lot as 25 ft. wide, but a recent ground survey shows the combined frontage as 48 ft.  The minimum frontage requirement for a buildable lot is 50 ft.     
Lee Hartmann stated that the deed and plan showed the combined lots as 50x100 ft. and were assumed to be buildable.  The recent survey showed a slight difference in square footage on the ground.  Mr. Hartmann was supportive of granting the variance.     

Bill Wennerberg arrived.

Marc Garrett stated that he was familiar with the lots in this neighborhood and acknowledged that errors with previous technology do occur.   He noted that the lots are similar to those within the surrounding neighborhood.  Mr. Garrett moved for the Board to recommend approval to the Zoning Board of Appeals for Case No. 3718; Tim Grandy, second; the vote was unanimous (4-0).    

B437 – Pinehills LLC
Valerie Massard presented a request from Pinehills LLC for a lot release of lots 10-540 and 10-541 in the Briarwood neighborhood.
Marc Garrett moved for the Board to release the above-mentioned lots; Tim Grandy, second; the vote was (3-0-1) with Bill Wennerberg in abstention.

1820 Courthouse Update
Marc Garrett informed the Board that the Courthouse group met last Wednesday (June 19, 2013) with representatives from the Board of Selectmen’s consultants, Durkee, Brown, Viveiros, Werenfels.  There were some discussions regarding scheduling and the Town’s stringent timeline.  The consultants are in need of an electronic file from other consultants.  On June 17th, Plymouth North High School studio did a short series of public relations videos in support of the revitalization of the courthouse for municipal services.  
Lee Hartmann noted that the consultants will be visiting Town Hall on June 27th for a tour and to review space needs.  
Paul McAlduff asked if there was any progress on the fire alarm system.  
Tim Grandy noted that there is a request for proposal for a wireless fire alarm system.  The wireless system could be moved if the building was sold.  Mr. Garrett agreed to follow up on the issue.

Paul McAlduff noted that he graduated from the Citizens Police Academy and encouraged others to attend.  

Public Hearing:  Calquin Realty Trust
        42 Hiawatha Road VOSD, Map 49, Lot 1-A-123
        Special permit to divide into three lots:  one with existing single family dwelling, one with existing loft space to be converted to a one bedroom living space and one open space lot
The Board received the following documentation* for review of this case:
Staff Memo
Draft Vote
ZBA Decision 2737
Assessor’s Ownership Card
Building Record Cards
Engineering Department Comments dated June 11, 2013
Unofficial Property Record Card
Environmental Impact Statement
Locus Maps
ZBA Petitioner’s Plan dated April 15, 1996
ANR Plan 3485
ANR Plan 3553
VOSD Zoning Application Plan dated August 7, 2012
Handout:  Photographs received June 24, 2013
Paul McAlduff read the public hearing notice and opened the public hearing.
Seated:  Paul McAlduff, Tim Grandy, Marc Garrett, Bill Wennerberg and Ken Buechs
Randy Parker, Land Management Systems Inc, presented a locus map that detailed the site and an overview of the abutting properties.  There is an existing single family house and a garage with a loft for storage.  The request for a VOSD would convert the loft area above the garage to a one bedroom apartment on its own lot, create a single family lot and one open space lot.  The memo from staff suggests that the application be withdrawn as there was a no further subdivision clause in a previously granted variance for the property.  Mr. Parker presented interior pictures of the existing garage that showed an unfinished storage area.  He noted that a two-family dwelling could be constructed on the site.  There is an existing four bedroom septic system servicing the three bedroom house, which could become a shared system with the garage.  Mr. Parker handed out a plan that would support creating an ANR condominium site plan.  
Valerie Massard stated that in response to recent complaints the Building Commissioner and Board of Health have found that the loft area has plumbing and is being lived in.  However, the real issue is the existing condition on a previously granted variance that states “no further subdivision of the land”.
Mr. Parker thought that a condominium approach would be appropriate for the site.  
Marc Garrett stated that the application before the Board is for a VOSD special permit, not a condominium.  He noted that he was on the Zoning Board of Appeals when the variance was granted and felt that the term “no further subdivision” meant no additional density on the property.  He suggested that the applicant withdraw without prejudice and reapply.  
Mr. Parker was supportive of the withdrawal and asked the Board to waive filing fees for a future submittal.  
Lee Hartmann stated that the primary issue is the condition that there be no further subdivision not the conversion of the garage to living quarters.  
Public Comment:
In Favor:
Ed Krause, applicant, stated that he wanted to finish the loft area to create a living space for his son.   
In Opposition, Questions or Comments:
Marilyn Colburn asked what would happen with the open space if ownership is transferred to the Town.
Mr. Hartmann explained that in this instance, the open space would be privately held with a restriction.  
Colin Moran asked who would manage the open space; where would the septic system for the new living space be located; and could the garage be further expanded by finishing the lower level.  
Marie Bennett, co-applicant, stated that the open space would be preserved for conservation.  She stated that finishing the upstairs of the garage would allow for visiting family members to have a place to stay.     
Dana Perlow was concerned that the condition of the variance was being ignored by the applicant and impacts if any of the property was sold in the future and the new owner wanted to knock down the garage and construct a single family dwelling.  
Lloyd Hill also expressed his concern with the “no further subdivision” condition of the variance.
Dianne Zola noted that when she bought her house, there was a condition that there would only be the two lots.  
Bill Wennerberg explained that the loft area could be converted to a recreation room with a kitchen for guests.  
Mr. Parker stated that there could be an in-law apartment on the property if it was attached to the existing single family dwelling.  He felt that the previous variance did not prohibit additional density.  He reiterated the request for fees to be waived for future filings if the application was withdrawn without prejudice.
Marc Garrett moved for the Board to allow the applicant to “withdraw without prejudice” the request for a VOSD under B580 – 42 Hiawatha Road with no waiver of fees for any future filing; Tim Grandy, second; the vote was unanimous (5-0).  

Public Hearing:  B579 – 305 Sandwich Street VOSD (cont. from June 10, 2013)
        Frank C. Dunlap Family Trust, Map 26, Lot 21
        Special Permit to create one additional residential lot and an open space lot
The Board received the following documentation* for review of this case:
Draft Vote
Letter from Flaherty & Stefani, Inc., dated April 4, 2013
Engineering Department Comments dated June 4, 2013
Fire Department Comments dated May 30, 2013
Environmental Impact Statement
Locus Maps and Site Photographs
VOSD Site and Topographic Plan dated February 15, 2013
Seated:  Marc Garrett, Tim Grandy, Paul McAlduff, Bill Wennerberg and Ken Buechs
Mark Flaherty, Flaherty & Stefani, Inc., presented a request for a VOSD in order to create a lot for an existing single family dwelling (13,261 sf), an additional lot for a single family dwelling 21,262 sf) and open space (39,338 sf).   Mr. Flaherty handed out a map for the abutting Jordan Terrace neighborhood.  He noted that the majority of the open space will run behind five properties on Sandwich Road and will provide a buffer from Jordan Hospital.  The new dwelling would be accessed by a 12 ft. wide driveway with shoulders on either side.  A homeowner’s association will manage the open space and a small rain garden will be installed on the site.    
Valerie Massard noted that there are no mapped areas of concern, and there is good visibility for the proposed curb cut on Sandwich Street.  Ms. Massard felt that the proposed VOSD meets the character of the neighborhood and the open space is meaningful for the neighborhood.  
Public Comment:
In Favor: None
In Opposition, Questions or Comments: None
Bill Wennerberg moved for the Board to approve B579 – 305 Sandwich Street VOSD subject to the following conditions:
The Village Open Space Density Development entitled “Village Open Space Development Site & Topographic Plan in Plymouth, Massachusetts on Land Owned by Frank C. Dunlap Jr. & Agnes L. Life Estate Prepared for Matthew P. & Melanie A. Logan 305 Sandwich Street” as approved is for no more than two (2) residential units.  The Petitioner agrees to waive its right to further subdivide the subject property shown on the Plan pursuant to the provisions of Massachusetts General Laws, Chapter 41, and this shall be noted on the plan, as well as incorporated into the Protective Covenants and Restrictions or Deed Restrictions imposed by the Petitioner on the lots within the VOSD development.  The term "subdivided" shall include the process of division of the lots into parcels by means of a plan not requiring approval under the Subdivision Control Law.  Notwithstanding this provision, the Planning Board may endorse the relocation of any lot lines when consistent with the intent and purpose of this restriction.  Said restriction shall be in place prior to the issuance of Building Permits.
The Petitioner has agreed to waive its right to any further residential development of the premises that results in a more intense or dense use, regardless of any local, state or federal criteria to the contrary, pursuant to the provisions of Massachusetts General Laws, Chapters 40A and 41, and this shall be noted on the plan, as well as incorporated into the Protective Covenants and Restrictions or Deed Restrictions imposed by the Petitioner on the lots within the VOSD development.
There may be a subsequent Plan of Division of Land filing on the Petitioner Land under the Approval Not Required Process under Subdivision Control Law to create the lots as shown on the Plan.  The Approval Not Required Plan shall make reference to the Special Permit and its recording information.
Fourteen feet of vertical clearance over the driveway is required to be maintained per the direction of the Fire Department and planting of proposed dogwood tree and red maple trees shown along the drive shall be placed in a manner that allows for this clearance to be maintained as the trees mature.
Prior to issuance of a zoning permit:
Four (4) sets of full size copies of all drawings comprising the VOSD plan with one complete set of reproducible plans (mylars) will be delivered to the Planning Board and one (1) electronic copy of the plans shall be delivered in a format acceptable to the Town Engineer.
Petitioner agrees to the return to the Planning Board with requested revisions to the VOSD Plan for final approval, including:
  • The paved area of the driveway shall be expanded to 12 feet wide to accommodate emergency response vehicles;
  • Evergreen plantings shall be added to create more effective screening between the proposed home and the existing home;
  • The scale on sheet two is 1:20 and should be corrected to reflect this;
  • A detail for the roof drain drywells shall be added;
  • A benchmark and elevation datum shall be added;
  • The existing water main shall be labeled “12-inch cast iron”; and
  • A note shall be added to the plan that fourteen feet of vertical clearance over the driveway is to be maintained per the direction of the Fire Department.
  • Conditional upon the payment of the back taxes, interest and fees owed to the Town for this property, if any, through evidence of a Municipal Lien Certificate.
  • Evidence that (1) the Protective Covenants and Restrictions or Deed Restriction(s) per the Conditions of this decision on the subject property and (2) this Decision have been recorded with the Plymouth County Registry of Deeds shall be provided to the Planning Board.
Petitioner shall include within the Protective Covenants and Restrictions and/or Deed Restriction provisions on the open space areas within the VOSD project as shown on the approved plans, in a form acceptable to Town Counsel.  Said provisions shall limit the uses of said open space for conservation and permitted recreational uses subject to plans approved by the Planning Board or its appointed representative(s), with an allowance for maintenance of said uses.  The use of the designated open space shall allow for maintenance of existing mowed areas (including access to said areas), and planting of native trees and shrubs.  Trees/shrubs within the open space area may be removed only in the event that they are diseased or dying.
Prior to Issuance of a Building Permit:
Construction details for the proposed installation of water service and connections, including trench and patch details, shall be approved by the Water Department; and
Planning staff shall review the site plans to determine consistency with the approved VOSD plans.
Marc Garrett, second; the vote was unanimous (5-0).  

Site Plan Review – Cumberland Farms
        150-152 Samoset Street, Map 101, Lot 18C-1A
        Raze/reconstruct existing commercial building
Staff Memo
Landscaping details
ZBA Decision 2567
ZBA Decision 1150
Engineering Department Comments
Locus Map and Site Photographs
Site Plans
Atty. John Smolak presented a site plan for a 1.72 acres lot with an existing 7,200 sq. ft.  building that has a convenience store with gas station and a sandwich shop.  The existing building would be demolished and a 4,500 sq. ft. convenience store would be constructed further back on the site.  There would be eight new gas dispensers with a fire suppression canopy and the underground storage tanks will be replaced.  
Valerie Massard stated that the proposed plan is an improvement over the existing site.  There is a wetland shown on the site at a significantly lower elevation and the applicant has filed a submittal with the Conservation Commission.  The proposed building is more modern and has a green and white color scheme.  The landscaping will be irrigated and drainage will be contained on site.  Parking is appropriate and the existing connection to the adjacent shopping plaza will be maintained.  

Marc Garrett commended the design team as the new plan is an improvement.  He stated that the existing traffic and parking is a nightmare and the existing building is too big.  He was supportive of keeping the connection between this site and the adjacent site.  
Mr. Garrett moved for the Board to notify the Building Commissioner that the site plan complies with the minimum requirements of the Zoning Bylaw after the following issues are addressed:
The Town Engineer has requested additional information (see attached memorandum), which has already been submitted and subject to their review and approval prior to installation of any utility connections, stormwater/drainage structures, or street opening permits.  
The Conservation Commission must also issue permits for work within the buffer zone of a wetland, NOI has been filed.
Compliance with the Prevention of Light Pollution Zoning Bylaw must be documented.
Prior to issuance of an Occupancy Permit: a Registered Professional Engineer must certify that the drainage system, drive ways, curbing and parking areas have been installed; and a Registered Landscape Architect or other qualified licensed professional must certify that the required landscaping has been installed; all according to accepted practices and in compliance with the Zoning By-law and the approved site plan.
Compliance with ADA requirements must be documented.
Internal sprinkling and fire alarm systems must be provided if required by the Fire Chief.
Bill Wennerberg, second; the vote was unanimous (4-0).  

ZBA 3717 – 137 Court Street LLC
137 Court Street, Map 14, Lot 37
Special Permits subject to EDC for multi-family use, waive off-street parking (if needed), to waive side setback requirements, to enlarge a non-conforming structure and for Inclusionary Housing or alternatives thereto in order to create 15 residential units (7/17)
Staff Memo
Excerpt from the Minutes of March 11, 2013
Design Review Board Comments dated May 15, 2013
Plymouth Center Steering Committee Minutes/Comments dated April 4, 2013
Memorandum of Understanding dated May 6, 2013
Environmental Impact Statement
Letter from Webby Engineering dated May 21, 2013
Submission from OMC Architects dated March 2, 2013
Locus Map
Plans dated May 7, 2013 through May 21, 2013
Handout:  Letter Requesting Continuance dated June 24, 2013
Paul McAlduff read a letter from the applicant requesting a continuance to allow time for revised plans to be submitted.  
The Board agreed to continue their review of ZBA 3717 until a date to be determined once revised plans have been received.  

Other Business:
“Topics not reasonably anticipated by the Chair 48 hours in advance of the meeting.”
Cranberry Crescent Status
Lee Hartmann informed the Board that staff was concerned with the condition of the Cranberry Crescent site.  The owners received preliminary approval of the general layout from the Boards with the condition that they return with final landscaping and site design plans.  The Planning Board, West Plymouth Steering Committee and Zoning Board of Appeals worked diligently to insure that adequate screening was provided along Plympton and Carver Roads.  Mr. Hartmann stated that preliminary site work has begun at the intersection of Plympton Road and Commerce Way and all the vegetation within the Plympton Road right of way was removed.  He suggested scheduling an on-site visit inviting the West Plymouth Steering Committee to meet with the developer to provide guidance and redefine the expectations of the Board.  The Zoning Board of Appeals may also schedule a site visit.     
Paul McAlduff stated that he was stunned by the condition of the site and asked if the developer would be coming back before the Boards.
Mr. Hartmann replied that they would have to come before the Boards again with the final landscaping and site layout plans.  
Tim Grandy stated that he would like the vegetation to be restored.  
Bill Wennerberg felt that a site visit was not needed. The issue should be vetted during a public meeting.  
Paul McAlduff suggested scheduling a site visit followed by a public meeting.  
Marc Garrett stated that he was in agreement with Mr. Wennerberg about holding a public meeting.  He stated that during the meeting at Plymouth North High School it was agreed that the vegetational buffers would remain in place.  He felt that the Board has a responsibility to the neighborhood and the steering committee to insure that the agreement is upheld.  He suggested sending a written correspondence (copied to the Board of Selectmen and Town Manager) expressing the Board’s frustrations with the existing state of conditions.  
Ken Buechs was concerned about status of the proposed sidewalks which would provide pedestrian safety.  
Paul McAlduff asked Mr. Grandy and Mr. Garrett to work with staff to draft a letter of concern as he will be on vacation for the next two weeks.  

Distribute Town’s Guiding Principles*
The Board received copies of the Town’s Guiding Principles which they will review at the next meeting on July 15, 2013.  

The Board held a moment of silence in rememberance of a former member of the Planning Board, John Sherman Breen.  

Tim Grandy 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: July 15, 2013
Administrative Assistant