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Planning Board Minutes August 19, 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:
B562 - Village at South Street – Lot Release*
Handout: Lotting Plan
Marc Garrett moved for the Board to release lot 62D-1 off Hat Trick Drive in the Village at South Street (B562) conditional on receiving a Purchase and Sale Agreement on Lot 62D-12 that is executed by Mr. Cronin; Bill Wennerberg, second; the vote was unanimous (5-0).   

ZBA 3720 – Liang Zhang
        629 State Road/Map 45, Lot 52U
        Special Permit to change from one use (retail) to another non-conforming use (Personal Services, Asian Body Work)
The Board received the following documentation* for review of this case:
Staff Report
Zoning Board of Appeals Decisions Case Nos. 2986 and 3533
Engineering Department Comments dated August 14, 2013
Manomet Village Steering Committee Comments dated August 7, 2013
Zoning Application 43701
Property Record Card
Locus Map
Interior Renovation Sketch

B574 – 30 Doten Road VOSD Remand – Endorsement of Vote*

Form A Plans*:
A4468 – James Litton et al and Janet Travers, Old Sandwich Road, Map 52, Lot 38A and 39 – Lot line adjustment to create lots 38-1 and 39-1
A4469 – Chapin – Plymouth Trust, Long Pond Rd/Morgan Rd, Map 69, Lots 66, 66A, 67B and 68B – Lot Line adjustment to create lots 66-1 and 67-1
A4470 – Caldera Family Realty Trust – Billington St, Map 100, Lots 12G and 12H – Lot Line adjustment to create lots 12J and 12K
A4471 – Dorcod LLC, Cape Cod Ave/Brush Hill Rd, Map 48, Lots 53-B-10, 53-B-9, 53-B-8, and 53-167 – Lot line adjustment to create lots 53-384, 53-385, 53-386 and 387 (ZBA 3710)
Malcolm MacGregor moved for the Board to recommend approval to the Zoning Board of Appeals of Case No. 3720 subject to the conditions in the Staff Report; for the Board to endorse the vote for the B574 – 30 Doten Road VOSD Remand; and for the Board to determine that A4468, A4469, A4470 and A4471 are entitled to endorsement; Bill Wennerberg, second; the vote was unanimous (5-0).   



ZBA 3721 – Peter and Elise DeCola
        10 Samoset Street/Map 17, Lot 10
        Special Permit to waive the side setback requirements, to enlarge a non-conforming structure and to modify off-street parking in order to convert a single family dwelling to two 1-bedroom units
The Board received the following documentation* for review of this case:
Staff Report
Narrative from Flaherty & Stefani, Inc. dated July 9, 2013
Unofficial Property Record Card
Locus Map and Site Photographs
Engineering Department Comments dated July 22, 2013
Fire Department Comments dated August 14, 2013
Site Plan dated July 8, 2013
Floor Plans dated July 8, 2013
Handout:  Letter from Flaherty and Stefani, Inc. dated August 19, 2013
Valerie Massard presented the request for Special Permits in order to convert an existing single family dwelling to two 1-bedroom units.  A retaining wall on the west side of the structure will be removed and a new access/entrance with a 4’x4’ stoop and steps with a 0’ setback will be constructed.  The Historic District Commission is supportive.  The site is not in a mapped flood hazard, special habitat or wetland area, nor within an aquifer protection district.  The property is serviced by Town water and sewer. There will be a three space parking lot with a turnaround area to the rear of the building.  There will be a rain garden off the drive to capture any runoff.  
Marc Garrett suggested that the petitioner contact the abutting neighbor on the west side of the property regarding the reduced side setback.  
Malcolm MacGregor moved for the Board to recommend approval to the Zoning Board of Appeals subject to the following conditions:
Prior to issuance of a Building Permit, the Site Plan shall be revised to show existing setbacks.
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, second; the vote was unanimous (5-0).

ZBA 3717 – 137 Court Street LLC (cont. from 8/12)
        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
The Board received the following documentation* for review of this case:
Site Plan and Elevations dated August 1, 2013
Staff Report
Excerpt from the minutes of March 11, 2013
Design Review Board Comments dated May 15, 2013
Plymouth Center Steering Committee Minutes dated April 4, 2013
MOU date May 6, 2013
Environmental Impact Statement
Letter from Webby Engineering dated May 21, 2013
Lighting and Dumpster Enclosure Examples
Locus Map and Site Photographs
Narrative from omc architecture dated August 5, 2013
Landscape plan dated May 15, 2013
Project Plans dated May 21, 2013 through August 1, 2013
Handout:  Landscape Plan Dated may 15, 2013, revised August 16, 2013
Jay McMichaels presented a revised site plan and architectural elevations for a 15 unit residential building at 137 Court Street.   The site plan showed a new building configuration, slight revisions to the parking, the elimination of one entry, removal of the chain link fence and additional landscaping.  The revised elevations included the addition of two story box bays on the Court and Murray Street and rear facing facades.
Bill Wennerberg moved for the Board to recommend approval to the Zoning Board of Appeals subject to the following conditions:
The Petitioner shall satisfy the requirements of Section 205-71 with respect to Inclusionary Housing by constructing one affordable unit on site as part of the Project, or offer a suitable alternative as outlined in the Bylaw under this Section, and enter into a Memorandum of Agreement (MOU) with the Town of Plymouth which shall be approved by the SPGA and which shall be presented to the Building Commissioner.  
If the Petitioner constructs the one affordable unit, the Petitioner shall file a complete (as deemed by the state) LIP application with the Massachusetts Department of Housing and Community Development (DHCD).  By filing a completed LIP application, the Petitioner shall satisfy Section 205-71.
Prior to Issuance of a Building Permit:
  • 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;
  • The final drainage design and calculation must be approved by the Town Engineer;
  • 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 and plan at the Plymouth County Registry of Deeds or the Land Court shall be presented to the Building Inspector;
  • 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;
  • A curb cut permit from DPW is required for all new curb cuts on a public street; including from MassHighway if located on a State-owned road;
  • 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 Zoning Permit must be issued.
Prior to site grading in preparation for the work conditioned herein, the Petitioner shall provide the Building Commissioner with the name and contact information for the individual(s) overseeing the work at the site.
Installation of site stabilization measures as shown on the Erosion Control and Stabilization Plan must be performed in a timely manner and failure to do so shall be reason for the Building Commissioner to issue a cease and desist order until such time as the erosion control and stabilization measures are installed according to said plan.
The project is subject to the Prevention of Light Pollution Section 205-65 of the Zoning Bylaw and compliance must be documented.
Minor modifications to the design and location of buildings, parking, landscaping and other site elements maybe 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 parking improvements, 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.
Marc Garrett, second; the vote was unanimous (5-0).  

1820 Courthouse Update
Marc Garrett stated that the plans were sent to the cost estimators.   

Paul McAlduff stated that he attended a meeting regarding the proposed parking needs for the downtown area including a parking garage.  

Town Meeting Articles:
Article 27 - Amend Pinehills OSMUD/Fire Tower
Paul McAlduff read the public hearing notice and opened the public hearing.
Seated:  Malcolm MacGregor, Bill Wennerberg, Paul McAlduff, Tim Grandy and Marc Garrett.  
The Board received the following documentation* for this review:
Letter from Pinehills dated July 31, 2013
Memo to Town Manager to reserve articles for Town Meeting dated July 31, 2013
Draft Fifth Amendment to Master Plan for the Pinehills Community
Draft Sixth Amendment to Master Plan for the Pinehills Community
Locus Map, Graphic Master Plan Map, and Map of Communication Tower Parcel
Lee Hartmann presented a proposed article for Town Meeting that includes two amendments to the Pinehills Master Plan which would incorporate an 11.2 acre parcel located off Beaver Dam Road and a 1.8 acre parcel located on the top of the Pine Hills into the Pinehills Community.   The Pinehills Development will increase to 3,256.56 acres with 2,279.59 acres of open space and include the addition of 13 homes to increase the number of Limited Occupancy Homes to 2,145 once these two parcels are added.  The proposed article also seeks authorization from Town Meeting to swap a 1.8 acre parcel (Map 94, Lot 1B) for a 1.5 acre parcel adjacent to the existing State Fire Tower.  The purpose of this swap is to give the Town a location suitable for the construction of a new public safety communication tower.  The article also seeks authorization to approach the Commonwealth for approval of the land swap through the Article 97 process.   
Public Comment:  None
Marc Garrett moved to close the public hearing; Tim Grandy, second; the vote was unanimous (5-0).
Marc Garrett moved for the Board to recommend approval to Town Meeting of Article 27; Tm Grandy, second; the vote was (4-0-1) with Bill Wennerberg in abstention.  

Article 24 – Amend Wind Energy Bylaw
Paul McAlduff read the public hearing notice and opened the public hearing.
Seated:  Malcolm MacGregor, Bill Wennerberg, Paul McAlduff, Tim Grandy and Marc Garrett.  
The Board received the following documentation* for this review:
Draft Wind Energy Bylaw Amendments with Table
Handout:  Maps: Proposed Wind Overlay District Colony Place and Industrial Park and Proposed Wind Overlay District Greater Camelot Park Area
Lee Hartmann presented a draft of the proposed amendments to Section 205-73 Wind Energy Facilities section of the Zoning Bylaw.  The Energy Committee worked to draft the proposed changes to the bylaw which include language to address the following:
  • The creation of a Wind Facilities Overlay District that limits where wind energy facilities over 100 feet in height are allowed;
  • A prohibition of wind energy facilities over 350 feet in height (tip of blade) in Plymouth;
  • Revisions to the noise and flicker requirements;
  • Revisions to the performance security and removal requirements;
  • Increases in abutter notification requirements;
  • A number of other technical modifications; and
  • Removal of the minimum capacity factor requirement.
The proposed overlay districts include land located in the vicinity of the Camelot Industrial Park and Plymouth Industrial Park.  A table has been included that defines the allowed/prohibited areas by height and location.  The proposed amendment has been reviewed by Town Counsel.  
Betsy Hall, Energy Committee, clarified the intent of the committee for changes to the bylaw regarding capacity factor, setbacks, noise level standards and height restrictions.  
The Board requested the removal of the word “commercial” from Section D(5)(b) of the draft amendment to the bylaw.
Public Comment:
In Favor:  Randy Parker, Margaret Burke and Everett Malaguti
Tim Grandy moved to close the public hearing; Bill Wennerberg, second; the vote was unanimous (5-0).
Malcolm MacGregor moved for the Board to recommend approval of the proposed amendments to Section 205-73 to Town Meeting with the following changes:  
Remove “and commercial structures” from Section D(5)(b)
Add under Wind Facility By-Right “not subject to Section D(12)”.  
Tim Grandy, second; the vote was (3-2-0) with Paul McAlduff and Bill Wennerberg in opposition.  

Non-profit Accessory Uses
Paul McAlduff read the public hearing notice and opened the public hearing.
Seated:  Malcolm MacGregor, Bill Wennerberg, Paul McAlduff, Tim Grandy and Marc Garrett.  
The Board received the following documentation* for this review:
Language for proposed Definition amendment
Lee Hartmann presented a proposed article that would allow a non-profit group (501C3) to lease 25 % of space within their building for an accessory use.  Mr. Hartmann noted that if the Building Commissioner approves a zoning permit for an accessory use for the Simes House, the article would be withdrawn.   
Public Comment:
Randy Parker stated that the intention of adding language to the accessory use definition is to parallel home occupation that already exists in the bylaw.  In the Simes House there are four offices on the second floor that could be leased.  The leased space is important to the financial viability of the project.  
Marc Garrett felt that the language was too vague.
Mr. Hartmann stated that “professional office uses” could be added.
Public Comment:
In Favor:  Betsy Hall
In Opposition:  None
Marc Garrett moved to close the public hearing and approve the proposed amendment including the language “for lease of professional office use of less than 25%” and that if the zoning permit is issued, the article will be withdrawn; Tim Grandy, second; the vote was unanimous (5-0).   

Solar Bylaw
Paul McAlduff read the public hearing notice and opened the public hearing.
Seated:  Malcolm MacGregor, Bill Wennerberg, Paul McAlduff, Tim Grandy and Marc Garrett.  
Draft Large-Scale Solar Energy Facilities bylaw
Lee Hartmann noted that at a previous Planning Board meeting, the Board requested that the proposed article regarding the addition of a section to the Zoning Bylaw for Large Scale Solar Facilities be reviewed by the Energy Committee.  The proposed Town Meeting article will be tabled for a future Town Meeting
Malcolm MacGregor moved for the Board to forward the proposed solar bylaw to the Energy Committee; Bill Wennerberg, second; the vote was unanimous (5-0).  
Tim Grandy moved to close the public hearing; Bill Wennerberg, second; the vote was unanimous (5-0).  
The Board took no action.  

Conceptual Review VOSD
        Donald Correa/Dublin and Coastline Drives
The conceptual review for Dublin and Coastline Drives was postponed to September 9, 2013 at 7:05 p.m.
Other Business:
“Topics not reasonably anticipated by the Chair 48 hours in advance of the meeting.”

Correspondence*:
ADM MEPA – Notice on Solar Projects in Carver and Wareham
Letter from Robert Ercolini dated August 8, 2013
Handout:  Letter to Town Manager from Action for Public Health dated August 19, 2013

Tim Grandy moved for the meeting to adjourn at 8:35 p.m.; Bill Wennerberg, 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: September 9, 2013
Administrative Assistant