January 13, 2014
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:
January 6, 2014*
Marc Garrett moved for the Board to approve the minutes of January 6, 2014 as presented; Bill Wennerberg, second; the vote was unanimous (5-0).
Conceptual Review
234 Water Street, Map 12, Lot 63
The Board received the following documentation* for review of this case:
Excerpt from the minutes of November 18, 2013
Locus Map and Site Photographs
Site Plan dated October 7, 2013
Handout:
Plan of Land Water Street and Caswell Lane dated August 7, 2103
Parking Lot Count 225, 233 and 234 Water Street
Atty. Robert Betters noted that the Board previously reviewed a conceptual plan for 5 residential units on property located at 234 Water Street. The units would be similar to the four units currently under construction on Caswell Lane. The site is an overflow parking area for the Harborview office complex which consists of approximately 78,000 sq. ft. a portion of which is common area. Atty. Betters presented a parking plan detailing the parking tracts for the complex: Tracts I and II have a total of 150 parking spaces Tract III is the site of the four residential units on Caswell Lane (ZBA Special Permit No. 3579) and Tract IV has 26 existing spaces with an additional 41 spaces proposed for a total of 67 spaces. The Harborview office complex parking plan would need to be modified in order to reduce the number
of required spaces. Atty. Betters also presented a parking count that was taken from January 7, 2014 through January 11, 2014 showing the number of occupied spaces on Tracts I and II varying from 23 through 118 with Tract IV empty on all days. He noted that the office complex is approximately 75 percent occupied. In the recent past, Tract IV has been leased by the town for public parking.
Lee Hartmann noted that Harborview office complex was formerly known as the “Ocean Spray” building. Mr. Hartmann suggested that the proponent obtain an employee count, define the hours of operation, calculate the square footage of the office and common space; contact the Plymouth Growth and Development Corporation (PGDC) for comments on the proposed change to the parking area. He felt that more information was needed in order to determine if the waiver of parking would be appropriate.
Marc Garrett agreed that the PGDC should weigh in. He stated that the parking requirement numbers in the Zoning Bylaw may not reflect long term uses and technical back up for the parking reduction would be essential in order to make a decision.
Atty. Betters agreed to contact PGDC.
Tim Grandy asked if the use of the Harborview office complex could be changed to a more intense use. Mr. Grandy noted that the parking counts may change during summer months.
Mr. Hartmann noted that any increase in use intensity would require a special permit.
Mark Flaherty, Flaherty & Stefani, Inc. stated that the parking counts were most likely employees and patrons of the office complex.
Bill Wennerberg stated that the parking at the office complex seemed to be adequate for the use. He noted that the 234 Water Street lot is used for parking in the summer months.
Malcolm MacGregor and Ken Buechs agreed with the other Board members.
The Board looks forward to further review of the project.
Conceptual Review
B537 Village at South Meadow Modifications
The Board received the following documentation* for review of this case:
Special Permit Vote dated July 24, 2006
Locus Map and Site Photographs
VOSD Site Plan dated December 2, 2013
Existing Conditions Plans dated April 5, 2006
Mark Flaherty, Flaherty & Stefani Inc., presented a conceptual plan showing a different configuration than was originally proposed and approved in 2006 as “The Village at South Meadow”. The site was originally permitted for 3 duplex units with open space and associated infrastructure improvements. The conceptual plan detailed six single family residences with open space and infrastructure improvements. There are no environmental issues on the site.
Lee Hartmann noted that there is an existing single family dwelling on the site and the conceptual plan would add five units. The single family structures would be more in keeping with the surrounding neighborhood. The original special permit expired therefore a full filing will be required.
Bill Wennerberg stated that he had no issues with number of units, but he was concerned with the configuration of the dwelling locations especially the one closest to South Meadow Road.
Malcolm MacGregor asked whether the square footage of the single family structures would be similar to that of the previously approved duplex structures.
Mr. Flaherty was not sure of the exact square footage of the single family dwellings, but commented that they would most likely be close to 1,500 sq. ft. each.
The Board while supportive of the density suggested moving the units closer together, increasing the open space, and providing a turn around for emergency vehicles
ZBA 3733 – Southern Dunes LLC
216 Water Street, Map 12, Lots 53 & 64
Special Permits subject to EDC including waivers of any dimensional or other requirements; for inclusionary housing; to alter, extend, construct reconstruct, enlarge and/or move a pre-existing non-conforming use and/or lot and structure; to modify parking and other standards if needed; modification of ZBA 3379 in order to construct 42 residential units
The Board received the following documentation* for review of this case:
Staff Report
Beals & Thomas Comments dated January 6, 2014
Plymouth Center Steering Committee Minutes dated September 5, 2013
Engineering Department Comments dated December 11, 2013
Fire Department Comments dated December 30, 2013
Zoning Board of Appeals Decision No. 3379
Memorandum of Understanding dated December 3, 2013
Area Comparison by R. Jon Henson dated December 11, 2013
Layout Plan dated May 25, 2007
Schematic Drawings of Proposed Buildings
Building Elevations
Planting Plans Dated December 5, 2013
Special Permit Plans Dated December 2, 2013
Letter from Atty. Robert Betters dated October 20, 2013
Elevation Options dated September 25, 2013
Site/Unit Plan dated August 7, 2006
Zoning, Open Space & Off Site Photo Inventory Plans dated October 28, 2013
Handout:
Schematic Drawings of Proposed Buildings with Landscaping
Atty. Robert Betters reviewed the request for special permits with waivers in order to create a unified complex of 42 residential units in three buildings at 216 Water Street. The complex would consist of 36 two bedroom units and 6 one bedroom units. There would be four affordable housing units 3 two bedroom units and 1 one bedroom unit which are consistent with the existing Memorandum of Understanding (MOU) with the Town.
John Iredale, Karsten Company, presented new renderings that showed landscaping. The wall along Water Street will be six feet in height in two ft. increments that are five feet wide in order to accommodate landscaping. The two front buildings will have balconies and patios facing Plymouth Harbor. The structures comply with the Town’s 35 ft. height limit and a portion of the roofing will be copper.
Malcolm MacGregor asked if the below structure parking would comply with flood elevations.
Mr. Iredale replied that the wall along Water Street would address flooding issues.
Patrick McCarty, McCarty Engineers, stated that the driveways are grade up into the site which will minimize flooding issues.
Jon Henson presented the landscape plan for the site. The landscape plan detailed improvements to the rail trail and plantings for the retaining walls, foundation areas and courtyard as well as within parking islands. The plantings will consist of deciduous and evergreen plantings and trees including: azaleas, juniper, a variety of grasses, and honey locust trees. There will be two links to the rail trail within the site and an access to the rail trail from Water Street at the northern end of the site. Mr. Henson showed the enclosed dumpster location and a pad area that would provide closer access to the buildings for fire equipment.
Lee Hartmann stated that Page 3 of the staff report highlights the differences between the previously approved project and the current proposal. The building footprint and parking areas have increased. The project exceeds the parking requirements for the use. The staff report does not include the waiver of the 55 ft driveway setback or the 20 ft. setback from Lothrop Street which will be added. Conditions would be added that require the applicant to address the Engineering Dept., Beals & Thomas and Fire Department comments. Mr. Hartmann suggested that the applicant coordinate with the DPW regarding the Town’s reconstruction of Water Street.
Malcolm MacGregor asked for an explanation of the timeline for the growth of the vegetation and the status of the ground water.
Mr. Henson replied that within five years there would be a noticeable visual impact with the full impact closer to ten years.
Mr. McCarty explained that the ground water is anticipated to match high tide and that the basements of the garage are at elevation 14 which is higher than the road elevation.
Bill Wennerberg commented that the schematic drawings that were handed out do not reflect the proposed planting plan. Mr. Wennerberg felt that the buildings appeared square with industrial looking rooflines.
Tim Grandy asked where the HVAC systems would be located and whether the buildings would have fire suppression systems.
Mr. Iredale explained that they would be located on screened ground pads located on the parking lot side of the buildings and the buildings will have fire suppression systems.
Marc Garrett liked the building design but was concerned that the proposed plantings are not adequately depicted on the drawings and would not survive the ocean wind and salt effects from the harbor. Mr. Garrett noted that the cross sections that he requested during the conceptual review of the project have not been presented.
Mr. Henson agreed to work with Mr. Wennerberg regarding appropriate plant material for the site and to provide more diversity.
Ken Buechs, Tim Grandy and Paul McAlduff were supportive of the overall project, but shared the other Board member’s concerns regarding the landscaping.
Atty. Betters agreed to return on January 27, 2014 to address the Board’s concerns regarding the planting material along the front of the site, provide the cross sections and make the rendering consistent with the proposed landscape plan.
Public Hearing – Town Meeting Article
Zoning Board of Appeals Signage
The Board received the following documentation* for review of this case:
E-mail from David Peck dated December 6, 2013
Sign Requirements
Paul McAlduff read the public hearing notice and opened the public hearing.
Seated: Paul McAlduff, Malcolm MacGregor, Marc Garrett, Bill Wennerberg and Tim Grandy
Bill Keohan asked the Board to continue the public hearing until David Peck arrived.
Marc Garrett moved to continue the public hearing to later in the meeting; Tim Grandy, second; the vote was unanimous (5-0).
ZBA 3734 – Indian Realty Inc.
1929 State Road, Map 61, Lots 6A-1 and 6A-3
Special Permits subject to EDC to remove gravel in order to construct a maintenance bar, recreational/athletic fields and supporting equipment shed to enhance existing recreational campground activities at Indianhead Resort
The Board received the following documentation* for review of this case:
Staff Report
Beals & Thomas comments dated January 6, 2014
Engineering Department comments dated January 7, 3013
Fire Department comments dated December 16, 2013
Letter from Paul Marino dated January 6, 2014
e-mail and letter from Peter Schwartzman dated January 6, 2014
e-mail and letter from Friends of Ellisville Marsh Inc.
Letter from Ellen K Russell and Peter J Foley MD dated December 29, 2013
Letter from Paula Marcoux and Preston Woodburn dated January 1, 2014
Submission Packet from Indianhead Realty Inc. received January 9, 2014
Handouts:
e-mail and worksheet from Paul Martino dated January 8, 2014
Letter from Don Quinn dated January 8, 2014
Memo from Cedarville Steering Committee dated January 9, 2014
Applicant’s Response to Beals and Thomas Comments dated January 13, 2014
Applicant’s Response to Town Engineer’s Comments dated January 13, 2014
Easement, Book 13201, Page 185
State Road Profile dated January 9, 2014
Atty. John Danehey presented a request for a special permit for earth removal in order to expand an existing recreational use by creating athletic fields, a mountain bike area, a walking path to Old Sandwich Road for access to Ellisville Harbor and a maintenance barn for the Indianhead campground. Approximately 499,000 cubic yards of material would be removed over a period of four years.
Rich Churchill presented a site plan showing an existing burrow pit used for campground maintenance. Mr. Churchill explained the proposed grading on the site. There will be a 200 ft. buffer from State Road.
Atty. Danehey noted that the petitioner has submitted comments in response to Beals & Thomas and the Engineering Department’s comments. He stated that they are in agreement with the conditions in the staff report. There will be adequate sight distances on State Road; a performance bond to insure the project is completed will be submitted; the work will be done in two year stages and will only be performed between the hours of 7:00 a.m. and 4:00 p.m. during weekdays; trucks will have an adequate turning radius and the site will not be visible from State or Old Sandwich Roads.
Lee Hartmann stated that the proposed earth removal is a significant project with no set reason for any established grade. The Board needs to feel confident that this is the minimum amount of earth removal necessary to complete the proposed end use or is there a way to reduce the amount removed.
Marc Garrett asked for clarification on the mountain bike area and noted that the tree line was inverted on the plan.
Mr. Churchill explained that it will be an area with mounds of sand and dirt to create obstacles for pedal bicycles (non-motorized).
Malcolm MacGregor stated that a ball field can be created on any flat elevation and asked why the proposed amount of earth removal was better.
Mr. Churchill replied that the goal was to create a path to Old Sandwich Road at a gentle gradient for access to Ellisville Harbor.
Mr. MacGregor felt that paths of varied elevations would be more interesting.
Public Comment:
In Favor:
Martin Kashar and Bob Flynn
In Opposition:
Brad Wynn, representing Friends of Ellisville Marsh, Don Quinn, Atty. David Abbott representing neighbors of Ellisville Hill, Paula Marcoux, Gwen Alexander, and Jonathan Novak.
Those that spoke in opposition expressed concerns with environmental impacts to Ellisville Harbor, the aquifer, the marsh eco-system and the ACEC; noise; heavy equipment traffic; State Road impacts; dust; a potential commercial use in a residential zone; the length of time the project would take; previous violations on the site and the impacts of the proposed recreational end use.
Mr. Garrett stated that the plans do not have enough detail regarding the gravel removal and the proposed recreational use. He suggested that the Board visit the site to get a better idea of the magnitude of the project and the impacts to the surrounding area.
The other Board members agreed that a site visit would be beneficial.
Ken Buechs had some concerns regarding traffic on State Road, impacts to Old Sandwich Road and environmental impacts.
Paul McAlduff was also concerned with potential impacts to the surrounding sensitive environmental area and traffic impacts.
Atty. Danehey stated that he would be willing to ask the Zoning Board of Appeals for a continuance.
Lee Hartmann stated that he would contact the Building Commissioner on behalf of the Board regarding the question raised by an abutter about permit compliance.
The Board agreed to continue their review of ZBA Case No. 3734 to February 10, 2014.
Public Hearing – Town Meeting Article
Zoning Board of Appeals Signage
Cont. from earlier
David Peck, Vice Chair of the Zoning Board of Appeals, presented a proposed amendment to the Zoning Bylaw that would require informational signage to be posted at the site of any Special Permit or Variance request (single family and two-family dwellings exempt) filed with the Zoning Board of Appeals.
The Board was supportive of the following language to be added to Section 205-6, Public Hearing Notices: In addition, Board shall require signage to notify the public to be posted at the subject site. The specific requirements of said signage shall be as described in the Board’s Procedural Rules and Regulations current at the time of the filing of the appeal.
Malcolm MacGregor moved to close the public hearing and recommend approval to Town Meeting of the amendment as presented; Tim Grandy, second; the vote was (4-1) with Marc Garrett in opposition.
Other Business:
“Topics not reasonably anticipated by the Chair 48 hours in advance of the meeting.”
1820 Courthouse Update
Handout: Comments from Larry Rosenblum
Marc Garrett announced that the 1820 Courthouse presentation will be in front of the Precinct Chairs this week and before the Board of Selectmen and other committees in a joint meeting next week.
Form A Plans*:
A4486 – Eugene D Cobb, Black Cat Road, Map 90, Lots 25A and 39-1 and 101 Hammond Street Realty Trust, Map 90, Lot 40 – Lot Line Adjustments to create Lots 25A-1, 39-2 and 40-1
Marc Garrett moved for the Board to determine that A4486 was entitled to endorsement; Bill Wennerberg, second; the vote was unanimous (5-0).
Correspondence:
B509 – The Trails (a.k.a Fox Hollow)
Release of Covenant – All Lots
Malcolm MacGregor moved for the Board to approve and endorse a release of Covenant for all lots in the B509 - The Trails subdivision; Bill Wennerberg, second; the vote was unanimous (5-0).
Tim Grandy moved to adjourn at 10:05 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: January 27, 2014
Administrative Assistant
| 
