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
Recording Secretary: Eileen Hawthorne
Administrative Notes:
Minutes:
The Board approved the minutes of September 16, 2013* as presented.
ZBA 3725 – Roger Costa, Salon Unique and Ink
56 Sandwich Street, Map 20, Lot 146
Special Permit for a hair salon
The Board received the following documentation* for review of this case:
Staff report
Engineering Department Comments dated September 4, 2013
Property Record Card
Locus Map
Interior Layout sketch
The Board recommended approval to the Zoning Board of Appeals 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.
- A street opening permit from DPW is required for new connections.
- A Zoning Permit must be issued.
Prior to issuance of 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.
Form A Plans:
The Board determined that the following Form A plan was entitled to endorsement and that conditions 3, 4 & 5b of the Special Permit have been addressed:
A4475* – Frank C. Dunlap Jr. Trust, 305 Sandwich Street, Map 26, Lot 21 – Divide into lots 21-1 and 21-2 (per B579 – 305 Sandwich Street VOSD)
The Board received the following documentation* for this review:
Letter from Flaherty & Stefani, Inc. dated September 17, 2013
Copy of Proposed Covenants and Restrictions
VOSD Site and Topographic Plan dated February 15, 2013, revised July 8, 2013
VOSD Landscape Plan dated February 15, 2013, revised July 8, 2013
VOSD Detail Sheet dated February 15, 2013, revised July 8, 2013
ANR Plan 4475 dated July 19, 2013
Malcolm MacGregor moved for the Board to approve the Administrative Notes as presented; Bill Wennerberg, second; the vote was unanimous (5-0).
A4476* – Marietta W Brewster Revocable Trust II, Old Sandwich Road, Map 80, Lots 6-2, 7 and 8 – Divide to create lots 6-3, 7-1, 8-1 and 8-2
Malcolm MacGregor moved for the Board to determine that A4476 was entitled to endorsement: Marc Garrett, second; the vote was unanimous (5-0).
ZBA 3723 – Anthony Thompson
11 Westwood Road, Map 30, Lot 4-11
Special Permit subject to waive accessway requirements to determine if lot is buildable
The Board received the following documentation* for review of this case:
E-mail from Lawrence Winokur with proposed condition dated September 19, 2013
Staff Report
Letter from Lawrence Winokur dated September 16, 2013
Staff Report
Property Record Card
Locus Map and Site Photographs
Engineering Department Comments dated September 3, 2013
Site Plan
Lee Hartmann stated that at the Board’s suggestion Mr. Thompson and Mr. Winokur met to discuss the proposed request for a special permit and the potential impacts to Mr. Winokur’s abutting property. Mr. Hartmann informed the Board that the lot ownership was researched by staff who determined that the lots have been held in separate ownership since the 1970s. Staff is recommending approval of the special permit.
Larry Winokur addressed the Board regarding the discussions held with Mr. Thompson. He stated that it was not his intent to obstruct development of the site, but he wanted to insure that there would not be any impacts to his property. Mr. Winokur requested that the following language replace condition 1. b in the staff recommendation:
A final building site plan shall be subject to Site Plan Approval by the Planning Board with notice to owners of the condominiums at Lot 14-3, Map 30, 81 Samoset Street for compliance with the Zoning Bylaw including without limitation consistency with the approved drainage and stormwater plan for the way and lots including 4-11, potential grade, drainage or other impacts on abutting or nearby lots and minimization of tree clearing to the extent feasible.
Anthony Thompson reminded the Board that he did not intend to develop the property himself. He is just trying to establish whether the lot is buildable.
Marc Garrett 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, including for tree clearing:
- An easement for the road drainage that leads off of the improved road (including the widened way and area of the emergency vehicle turning area) onto the subject Lot(s) should be laid out, with stormwater design and management plans prepared by a Professional Engineer which follow the Town’s Stormwater Management Design Guidelines to be reviewed and approved by the DPW Engineering Division to ensure that the drainage area size and design will function appropriately, given the steep topography of the Lots in question; and
- A final building site plan shall be subject to Site Plan Approval by the Planning Board with notice to owners of the condominiums at Lot 14-3, Map 30, 81 Samoset Street, for compliance with the Zoning Bylaw including without limitation consistency with the approved drainage and stormwater plan for the way and lots including 4-11, potential grade, drainage or other impacts on abutting or nearby lots and minimization of tree clearing to the extent feasible.
Prior to issuance of an Occupancy Permit for a future dwelling:
- Westwood Road should be improved within the northerly 20’ wide layout to create a turnaround that is satisfactory for emergency vehicles.
- The traveled way should be widened to at least 16 feet of gravel throughout the length of the roadway, with a 2-foot shoulder on one side or 1 foot on each side.
- The easement and stormwater management design shall be installed/recorded with a maintenance plan.
- Trimming of brush for sight lines and for 14-foot height clearance for ladder trucks should be performed.
- Existing potholes should be repaired/filled with additional gravel.
Said improvements shall be overseen by a registered professional engineer, to the satisfaction of the Building Inspector. Said improvements shall be certified to have been completed as depicted on the approved plans and as described in this decision by a registered professional engineer, and said improvements shall be accepted by the Building Commissioner prior to issuance of an Occupancy Permit for the residence.
Condition suggested: that the residents of Westwood Road should not expect that the Town will accept the way as public, as it is not built to standard roadway specifications.
Tim Grandy, second; the vote was unanimous (5-0).
ZBA – 3724 – 500 Colony Place Inc.
500 Colony Place, Map 104, Lot 36-9 (former Sam’s Club)
Special Permit for automobile dealerships
The Board received the following documentation* for review of this case:
Staff Report
Engineering Department Comments dated September 19, 2013
North Plymouth Steering Committee Comments dated June 12, 2013
Locus Map
Landscape Plan dated August 21, 2013
Environmental Impact Statement
Supplemental Stormwater Drainage Calculations
Stormwater Drainage Analysis
Groundwater Monitoring Plan
Trip Generation Comparison
Site Plans dated August 19, 2013
Architectural Rendering
Exterior Elevations
Handouts: Fire Department Comments dated September 19, 2103
Existing Dealership Parking Comparison List dated September 23, 2013
Atty. Robert Betters began the presentation for the proposed demolition of the Sam’s Club building and request for special permits to construct 3 separate automobile dealerships with associated parking on Map 104, Lot 36-9, 500 Colony Place. The site abuts property owned by The Wildland’s Trust on the Kingston Town line. Atty. Betters noted that the special permit request for a modification of ZBA Case 3182 is not needed. He also stated that the North Plymouth and West Plymouth Steering Committees were supportive of the proposal.
Richard Tabaczynski, Atlantic Design Engineers, reviewed the site plan for the 15.7 acre site with an existing 138,000 sq. ft. building and associated parking. The proposal would create three 30,000 sq. ft. automobile dealerships with 381 parking spaces for customers, employees and service customers including 8 handicap parking spaces and 764 display/inventory parking spaces. Mr. Tabaczynksi also presented the drainage design for the site that included catch basins, hooded filtration system, oil/water separators and 3 monitoring wells on site and one on the opposite side of Colony Place Drive. The petitioner proposes that the wells will be monitored semi annually for the first few years then annually if no contaminants are found.
Joseph Laham, 500 Old Colony Place LLC, stated that the number of cars stored on a lot is based on maintaining a 90 day supply of inventory. Mr. Laham noted that he does not anticipate the need for an off site storage lot.
Malcolm MacGregor asked if the petitioner considered his suggestion to add solar panels on the site.
Mr. Tabaczynski replied that he hasn’t done an analysis yet, but thought that the rear slope might be an appropriate place to locate solar panels.
Ken Buechs suggested that the monitoring wells should be tested more frequently than once or twice a year.
Atty. Betters stated that the Town’s Department of Marine and Environmental Affairs has requested that the monitoring be done four times a year and they will comply with that request.
Tim Grandy asked if there would be tight tanks installed inside the buildings, whether a salt alternative would be used during winter months (signage should be installed), who would be responsible for the maintenance of the catch basins and if the car wash would utilize recycled water.
Mr. Tabaczynski replied that tight tanks would be installed, a salt alternative could be used during winter months, private inspectors would be contracted for the site drainage with reports being submitted to the Town, and that the single car wash that is proposed for all three dealerships would use recycled water.
Mr. Laham stated that the project is also subject to restrictions and easements that are part of the overall Colony Place Development.
Marc Garrett suggested that the Town should approve the contractor/vendor that will be conducting the drainage inspections. Mr. Garrett suggested that given the length of frontage on Colony Place Drive a fourth monitoring well should be installed on the site.
Mr. Laham agreed to install a fourth monitoring well.
Paul McAlduff questioned where the vehicles would be off loaded from the car carriers.
Mr. Tabaczynski explained the truck route that would bring the car carriers to the rear of the buildings where they would be unloaded.
Ben LaFrance, Hawk Design Inc., presented the landscape plan that included removal of some existing vegetation and extensive plantings on the site that would accentuate the parking areas and provide screening.
Bill Wennerberg felt that the proposed landscaping was excessive for the use.
Paul McAlduff and Tim Grandy were supportive of the proposed landscaping.
Mr. McAlduff asked if there would be any balloons or inflatables used for advertising purposes.
Mr. Laham replied that they do not use balloons or outside speakers at their dealerships.
Marc Garrett moved for the Board to recommend approval to the Zoning Board of Appeals subject to the following conditions:
INSERT FINAL CONDITIONS
Tim Grandy, second; the vote was unanimous (5-0).
Other Business:
“Topics not reasonably anticipated by the Chair 48 hours in advance of the meeting.”
1820 Courthouse Update
Marc Garrett updated the Board on the last meeting of the 1820 Courthouse Committee. They discussed comments made during the joint meeting with the Board of Selectmen, Planning Board, Building Committee and Advisory and Finance Committee. Their intention is to host an open meeting for public comment in early November. The open meeting will have a short presentation on the proposed project and cost as well as a need for a larger town hall. They will also reach out to the Precinct Chairs and Caucuses prior to Spring Town Meeting.
Tim Grandy moved to adjourn at 8:20 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 30, 2013
Administrative Assistant
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