1/27/14
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, and Tim Grandy,
Planning Board Alternate: Ken Buechs
Staff Members: Lee Hartmann and Robin Carver
Recording Secretary: Eileen Hawthorne
Paul McAlduff welcomed the new Town Planner, Robin Carver.
Paul McAlduff challenged the Planning Board, Staff and the Board of Selectmen to donate blood in the month of February.
Administrative Notes:
Minutes:
January 13, 2014*
Marc Garrett moved for the Board to approve the minutes of January 13, 2014 as presented; Tim Grandy second; the vote was unanimous (3-0).
ZBA 3735 – Paul and Kathleen Anderson, 5 Theatre Colony Way, Map 44, Lot 11-427 – Special Permit to waive the side setback requirements in order to construct a 10’x23’ mudroom
The Board received the following documentation* for review of this case:
Staff Report
Fire Department Comments dated November 26, 2013
Engineering Department Comments dated January 6, 2014
Letter from Phyllis and George Hughes dated January 16, 2014
Locus Map and Site Photographs
Site Plan dated November 7, 2013
Marc Garrett moved for the Board to recommend approval to the Zoning Board of Appeals subject to the following conditions:
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 (3-0).
ZBA 3736 – Robert and Sally Hanold, 1 Thomas Street, Map 16, Lot 68 – Special Permits to waive front setback requirements; to enlarge a non-conforming structure in order to construct a 32’x28’ addition
The Board received the following documentation* for review of this case:
Staff Report
Fire Department Comments dated January 6, 2014
Engineering Department Comments dated January 10, 2014
Letter from Board of Health dated June 17, 2013
Letter from Edward Alsheimer dated December 18, 2013
Locus Map and Site Photograpsh
Site Plans dated December 16, 2013 (9 pages)
Tim Grandy moved for the Board to recommend approval to the Zoning Board of Appeals, subject to the following conditions:
The Petitioner shall install erosion control measures to the proposed site plan to protect Murdocks Pond during construction.
The Petitioner shall show the proposed pump station and sewer lateral connection on the plan.
The applicant should show the existing water and gas services to the existing house.
The applicant must provide a pavement detail and slope stabilization detail for this proposed work within the Thomas Street. The applicant will be responsible for cleaning and stabilizing any disturbed areas within the roadway.
A Street Opening Permit is required.
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.
Marc Garrett, second; the vote was unanimous (3-0).
Form A Plans: None
Appointment – Atty. Elizabeth Lane
Zoning Bylaw Re-write Update
The Board received the following documentation* for this review:
Memo from Atty. Elizabeth Lane dated January 23, 2013
Zoning Bylaw with proposed revisions
Atty. Elizabeth Lane, Kopelman and Paige, PC, updated the Board on the progress of the revisions to the existing Zoning Bylaw. Atty. Lane stated that the two most important questions to be answered are “Is it working” and if not, “Do we need to omit or modify”.
She suggested that a district/use table that would outline by-right, special permit and prohibited uses for principal and accessory structures in each zone could be added to simplify the bylaw. Consolidation of repetitive language, clarification of vague language, removing words that have constitutional questionability, omission of unnecessary references, elimination of outdated districts/overlay districts, and modernization and updates of definitions will also help to streamline the bylaw.
Paul McAlduff asked whether the proposed amendment to the bylaw that would require informational signage for ZBA cases would be enforceable.
Atty. Lane replied that it would be similar to a DEP sign and is done in other communities, but it could become an issue if a project was denied for non-compliance with signs.
Mr. Hartmann cautioned that requiring a sign could create another avenue for litigation by the abutters.
Marc Garrett stated that the wetlands zone was created at a time when there were no wetland regulations. Mr. Garrett stated that if there is a regulatory process it should be referenced and acknowledged within the bylaw.
Atty. Lane stated that the wetlands area in lot calculations is confusing and needs to be revised and compacted.
Tim Grandy noted that through this revision process, the bylaw will become simplified, streamlined and more user friendly.
Mr. Hartmann asked the Board to consider if there was anything in the bylaw, for example design review appearance code, environmental design conditions (EDC) that could be eliminated.
Atty. Lane suggested that site plan review and EDC review could be incorporated into special permits or by-right use process.
Mr. Garrett stated that he was in support of the bylaw consolidation and eliminating duplicate reviews as long as there was no conflict with the Town’s Charter.
Atty. Lane suggested removing the language throughout the bylaw regarding court appeals and revising the aquifer bylaw in regards to land fill as land fill is not allowed in any district. She noted that the Board may have more than one “associate” member (use associate instead of alternate).
Mr. Hartmann suggested in addition to clarifying language on lot dimensions and types of lots inserting graphics to show how to achieve lot length, width, etc.
Atty. Lane suggested looking at removing certain lot types, provisions for mobile homes, eliminating the MEPOD or portions thereof, and reviewing multi-family provisions.
Mr. Garrett suggested that a draft use table should move up the priority list so the Board would have a better sense of revisions that may be needed.
Atty. Lane stated that she would be looking at Natural Features Conservation and Natural Features Preservation for consolidation purposes.
Mr. Garrett stated that conservation and preservation are different, one defines a managed use and one defines a “leave it alone” approach.
Atty. Lane asked what proportion of the residences and/or lots in Plymouth are pre-existing, non-conforming and whether there is a lot of seasonal to full time residences as these conversions can raise concerns regarding nitrogen loading in sensitive areas which may be under the purview of other boards.
Mr. Hartmann replied at least 50 percent are pre-existing, non-conforming.
Mr. Garrett stated that there is a high density in shoreline and pond communities in rural areas that are legal non-conforming lots in addition to the obvious ones in the village centers and downtown areas where there is at least supporting infrastructure.
Atty. Lane stated that open space and parking standards may need to be clarified and updated. She asked if the Transfer of Development Rights (TDR) process was working.
Mr. Hartmann replied that there has been a significant interest in the TDR, but establishing value based on appraisal is not working.
Ken Buechs asked if there was a way to address a requirement for bicycle paths within the bylaw.
Mr. Hartmann stated that bicycle paths would have to be addressed depending on the type of roadway.
Mr. Garrett agreed that clarification of open space definitions and other definitions would leave less to interpretation.
Atty. Lane asked if the Buttermilk Bay District was still a viable section of the bylaw.
Mr. Hartmann replied that it may be an obsolete district that could be deleted.
Randy Parker commended the Board on the long overdue proposed revisions to the bylaw. Mr. Parker agreed that the definitions of yards and building lines and wetland area calculations should be simplified. He also suggested revising special permit and zoning applications. Mr. Parker stated that the requirements for “full size plans” should be clarified. The fire department’s requirements should be included in the bylaw. He suggested that the accessory building language requirements should be revised. Mr. Parker felt that the proposed amendment to the sign bylaw that will be presented to Town Meeting is another burden for applicants and that there is sufficient public notice for ZBA special permits. He noted that the Buttermilk Bay Overlay District was created to address nitrogen
loading in Buttermilk Bay which has been addressed therefore, the language is no longer needed. He also suggested that the Board should consider creating language to allow an additional one bedroom residence on single family lots.
Mr. Hartmann encouraged viewers to go to the Town’s website to review the proposed changes and submit any comments to Planning Staff. He also encouraged interested residents to contact staff if they wished to be added to the distribution list for ongoing revisions to the bylaw.
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
Cross Section
Atty. Robert Betters submitted new documents that addressed the Board’s previous questions regarding landscaping and cross sections. The revised documents were consistent with the architectural and landscape plans.
Jon Henson, Landscape Architect, reviewed the cross section and the revised landscape drawings.
Marc Garrett stated that the cross section was adequate. Mr. Garrett asked what type of material would be used on the rail trail extension.
Jon Henson replied that the rail trail extension will be treated similar to the existing rail trail with stone dust and a more durable parking area.
The other Board members also felt that the revised landscape/architectural renderings and the cross section addressed their previous concerns.
Tim Grandy moved to recommend approval to the Zoning Board of Appeals subject to the following conditions:
Any signage shall comply with the Bylaw or additional permits will be required.
Stormwater will be managed so that no off-site stormwater patterns are altered as a result of this development using available best management practices.
Revised plans responding to and addressing the issues identified by the Town’s consulting engineers, Beals and Thomas, the Town Engineer and the Fire Department shall be submitted to the Zoning Board of Appeals for review and approval.
Although, contamination on the subject property has been remediated, the potential exists for contamination within the Water Street and Lothrop Street layout.~ Prior to conducting any work within the Water Street and Lothrop Street layout, a license site professional shall prepare a contingency plan that deals with such encounters.
Prior to issuance of a Certificate of Occupancy, the Petitioner shall construct four (4) of the units at the site as affordable housing as outlined in the Memorandum of Understanding between the Office of Community Development and Southern Dunes LLC dated December 3, 2013, or provide another mutually acceptable alternative as agreed to by the Petitioner and the Board of Appeals, as required per Section 205-71 of the Bylaw.
Prior to the commencement of any work on the site, the Petitioner shall coordinate construction and work schedules with the Department of Public Works.
To avoid conflicts with the Town’s Water Street reconstruction project, the delivery of fill to the site and the timing of work conducted within the Water Street layout shall be scheduled and coordinated through the Department of Public Works.
Prior to the issuance of a building permit, Petitioner may with approval from the Department of Works stockpile fill on-site and conduct utility, access and curb-cut work within the Water Street layout.
At the Town’s request, the applicant is willing to construct improvements to the adjacent Town owned railroad right-of-way. The Petitioner has worked with the Department of Public Works to finalize said improvements. The agreed upon improvements shall be shown on the final plan approved by the Zoning Board of Appeals. The Petitioner has agreed to maintain said improvements.
Prior to issuance of a Building Permit:
- The Petitioner shall submit documentation demonstrating conformance with Section 205-65 of the Bylaw, Prevention of Light Pollution, to the satisfaction of the Building Inspector. Light poles should not exceed twelve (12’) feet in height.
- If an access and utility easement from the Town is required parallel to Water Street on the rear of the subject property, appropriate authorizations from the Town/Board of Selectmen must be in place.
- Adequate fire flow and static pressure for water must be demonstrated by the Petitioner, and requirements of the Fire Chief with respect to hydrants must be satisfied.
- The Petitioner must receive appropriate approvals from the Plymouth DPW with respect to the sewer connection.
- The Petitioner shall submit final landscaping, architectural (which shall include materials, colors, and elevations) and site plans for review by the Planning Board subject to final approval by the Board of Appeals:
- If a trash receptacle is used on the site, it is to be located and screened from public ways.
- Detail with respect to pavement tie-in to public roads shall be provided, and any existing monuments, street lights, utility poles or other markers shall be shown on the plan in the vicinity of the curb cut closure and re-designed new curb cut. Petitioner shall be responsible for repair or replacement of any such markers as a result of the work subject to this Special Permit.
- All roof top mechanicals are to be screened from public ways.
- Traditional wood siding material shall be used. Wood siding is more in keeping with the neighborhood. Alternatives such as hardy plank or other acceptable alternatives to wood may be used conditional on said materials having been presented for approval by the Board of Appeals as part of this review process.
- Easements for DPW maintenance at the north end of the site shall be included on the plans.
The Petitioner has agreed to provide a maintenance program for drainage facilities and appurtenances, open space, parking and common drive/emergency access areas to be maintained by the owner of the property, which shall be detailed in the final plan submission described in Condition 4e above.
The roadway network, including drainage structures, located within the proposed project shall remain private.
Prior to issuance of an Occupancy Permit for any of the units at the site:
- A Registered Landscape Architect or other qualified licensed professional must certify to the Building Commissioner that the required landscaping has been installed in accordance with an approved site plan, Bylaw, and acceptable landscape practices.
- All plantings shall be subject to a 2-year performance requirement after installation (which shall re-instate if replacement plantings are installed), and the Petitioner shall be responsible for any replacements needed in that 2-year time period.
- A report must be submitted to the Building Commissioner by a Registered Professional Engineer, certifying that the drainage system, driveways, curbing, and parking areas have been installed according to accepted practices and in compliance with the Bylaw.
Marc Garrett, second; the vote was unanimous (3-0).
Other Business:
“Topics not reasonably anticipated by the Chair 48 hours in advance of the meeting.”
1820 Courthouse Update
Marc Garrett informed the Board that the 1820 Courthouse presentation would go before the Advisory and Finance Committee on Wednesday, January 29, 2014. The presentation will also be reviewed by the West Plymouth Steering Committee in early February.
Correspondence: None
B562 – Village at South Street (a.k.a. Oak Hollow)
Lot Release* – Lot 62D-19
Marc Garrett moved for the Board to approve and endorse a lot release for lot 62D-19 in the Village at South Street project; Tim Grandy, second; the vote was unanimous (3-0).
Tim Grandy moved to adjourn at 8:48 p.m.; Marc Garrett, second; the vote was unanimous (3-0).
*On file with the Office of Planning and Development in project case files.
Respectfully Submitted:
Eileen Hawthorne Approved: February 10, 2014
Administrative Assistant
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