August 4, 2014 Minutes
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 Ken Buechs
Staff Members: Lee Hartmann and Robin Carver
Recording Secretary: Eileen Hawthorne
Administrative Notes:
Minutes: None
ZBA 3753 – Michael & Debra DiTullio
116 Warren Ave, Map 39, Lot 7 – Special Permit to waive side setback requirements in order to construct a new deck, new overhead canopy, new counter space, and new 6 ft. fence
The Board received the following documentation* for review of this case:
Staff Report
Engineering Dept. Comments dated July 10, 2014
Fire Dept. Comments dated July 24, 2014
Locus Map and Site Photographs
Conservation Submission Plan dated May 15, 2009
Proposed Layout dated July 1, 2014
The Board recommended approval to the Zoning Board of Appeals.
Form A Plans:
The Board determined that the following Form A plans were entitled to endorsement:
A4508 – Pinehills LLC, Morning Stroll, Map 77D, Lot A-204 – Divide into Lots 10-560, 10-561, 10-562, and 10-563
A4509 – Pinehills LLC, Boatwright’s Loop, Map 77E, Lots A-238 and A-240 – Divide into Lots 15-275, 15-276, 15-277, 15-278, 15-279, 15-280, 15-281, 15-282, 15-283, and A-264
Tim Grandy moved for the Board to approve the Administrative Notes as presented; Ken Buechs, second; the vote was unanimous (5-0).
Site Plan Review – 114 Hedges Pond Road
2,352 SF Office Warehouse Building
The Board received the following documentation* for review of this case:
Staff Report
Letter from Flaherty and Stefani dated June 24, 2014
Zoning Application
Storm Water Analysis & Drainage Report
Locus Map and Site Photographs
Site Plan dated June 23, 2014
Mark Flaherty, Flaherty and Stefani, Inc., presented the site plan and landscaping plan for a 46’x52’, 2352 sq. ft. steel building with six parking spaces to be used by Atty. Lawrence Oliverio as a small professional office (756 sq. ft.) and warehouse storage facility (1,596 sq. ft.). The site will have a private well and septic system.
Robin Carver recommended that if the trees along Hedges Pond Road are removed during site work, the developer should re establish a mixture of trees and shrubs to screen the site from Hedges Pond Road.
The Board agreed that the amount of landscaping should be increased.
Malcolm MacGregor moved for the Board to notify the Building Commissioner that the site plan complies with the minimum requirements of the Zoning Bylaw, provided that:
Prior to issuance of an Occupancy permit a Registered Professional Engineer must certify that the drainage system, driveways, curbing and parking areas have been installed; and a registered landscape architect or other qualified licensed professional must certify that the landscaping has been installed; all according to accepted practices and in compliance with the Zoning By-law and the approved site plan.
Lighting is to comply with Section 205-65 Prevention of Light Pollution of the Zoning Bylaw. Compliance must be documented. Light poles should not exceed 15 feet in height.
The Town Engineer must approve the drainage design and system.
The Planning Board recommends retaining as much vegetation as possible along Hedges Pond Road. If vegetation along Hedges Pond Road is eliminated due to site work and construction, replanting a mixture of trees and shrubs is required. The Planning Board encourages the Petitioner to increase the size of the shrubs.
Marc Garrett, second; the vote was unanimous (5-0).
ZBA 3754 – Salvation Army, 278 Court Street
Map 9, Lot 54
Special Permit for waiver of parking due to change of use from retail to assembly and office
The Board received the following documentation* for review of this case:
Staff Report
Letter from the North Plymouth Steering Committee dated July 14, 2014
Project Narrative from Atty. Allan Costa dated July 2, 2014
Fire Department Comments dated July 24, 2014
Engineering Dept. Comments dated July 16, 2014
Locus Map and Site Photographs
Proposed Site Plan dated July 28, 2014
Paul McAlduff noted that the request for a special permit is for a waiver of parking requirements only.
Allan Costa, Triffletti and Costa, P.C., introduced the members of the Salvation Army in the audience.
Lt. Ben Lyle, Salvation Army, reviewed the programs that they offer at their current location including Sunday worship, serving breakfast and lunch four days a week, a food pantry, after school programs and evening adult programs. They wish to expand their services to the community in a larger facility. Their programs serve senior citizens, veterans, children, people with disabilities and homeless. Their current hours of operation are Sundays from 10:00 a.m. to 1:00 p.m.; closed Mondays; open Tuesday through Thursday from 9:00 a.m. to 3:00 p.m.; evening programs running Tuesday through Thursday, no later than 8:30 p.m.; and generally closed on Saturdays. They do not provide overnight shelter for the community. Mr. Lyle read a letter from Alice Chisolm in support of the organization and their activities in their
current location. The Salvation Army has been in Plymouth since 1884 and is committed to serve the community and be good neighbors.
Atty. Costa noted that the Salvation Army is first and foremost a church. The proposed site for their expansion is the former Ellis Curtain Factory at 278 Court Street. The building does not need substantial exterior work, but will need interior renovations to accommodate the proposed uses. For all the uses, 82 parking spaces would be required and the site is grandfathered for 54 spaces. There are currently 22 spaces on the site. The current location has 12 parking spaces which are not in high demand. Majority of the participants walk, take public transportation or are transported to the site in the 12 passenger van the Salvation Army owns. There are only four staff members during the day. Atty. Costa stated that the 22 parking spaces should be sufficient.
Marc Garrett asked if the same modes of transportation would provide access to the new location.
Mr. Lyle replied that they did a program study last year and 40 percent of the people that participate in the programs offered are residents of North Plymouth. He felt the demand for parking should remain the same.
Lee Hartmann stated that the parking requirements assume that every use is happening at the same time which is not the case for the Salvation Army. Many of the uses will not happen concurrently. The bylaw recognizes flexibility and shared uses and he felt the parking would be adequate.
Public Comment:
Kathy McCarty, Holmes Terrace, was concerned that the parking would not be adequate for the proposed uses and that the uses would expand in the new location, thereby requiring more parking. Ms. McCarty noted that the site plan showed the building square footage as 10,000 sq. ft. while the Assessor’s records show the building in excess of 19,000 sq. ft. She felt that parking should be determined by the total square footage.
Lee Hartmann stated that the request for a special permit is only for the parking and that a religious institution can be located in any zone. The use is allowed without a special permit and the State allows religious facilities anywhere with reasonable regulation.
Bradford Prescott, Architect, explained that the total building square footage is larger than what was shown on the plan if you include the basement which is intended for storage only.
Ian Paskowski was concerned that the uses and lack of parking would impact the local residents. He was also concerned with the odor from food waste, and delivery trucks and snow plows exiting the site through the narrow (13 ft. wide) alley way.
Mike F. was concerned with the number of parking spaces and where any overflow may park.
Charlie Fosdick stated that they are asking for a 50% reduction of parking while increasing their services. He was concerned that the parking would not be adequate.
Mr. Hartmann noted that this property is grandfathered for retail use and if retail was proposed it would not require a special permit
Dawn MacKechnie was concerned with the narrow exit onto Hamilton Street adjacent to her property. She informed the Board that she has had to replace her fence once already and was concerned that there would be an increase in parking.
Brenton MacKechnie was also concerned with the safety and accessibility of the narrow alley onto Hamilton Street.
Atty. Costa noted that the only truck expected to access the site on a regular basis would be for waste management. He stated that most of the supplies are brought to the site by Mr. Lyle and his wife using the 12 passenger van.
Tim Grandy suggested that if the Board recommended approval, they could recommend a condition that would limit the basement to storage only with further review if the uses expanded into the basement.
Ken Buechs asked if they were feeding people four days a week, how many meals were served on a daily basis.
Mr. Lyle explained that between breakfast and lunch approximately 40-50 meals per day are served and food would not leave the building unless they do a home delivery.
Malcolm MacGregor observed that over the past number of years, he has never seen a need for overflow parking at the Salvation Army’s current location.
Marc Garrett was supportive of limiting the use of the basement unless there was further review.
Mr. Grandy asked if the building currently has a fire suppression system or if one would need to be installed and whether there is an existing handicapped access.
Mr. Prescott replied that the building does have a fire suppression system that will require some modifications and there is an existing handicapped access at the rear of the building. They will comply with all building and health regulations.
Paul McAlduff observed that he has never seen more than 4-5 cars in the parking lot of the current location even during the holiday season.
Tim Grandy moved for the Board to recommend approval to the Zoning Board of Appeals subject to the following conditions:
Prior to the start of construction:
- The applicant shall submit construction plans to the Plymouth DPW for final review and approval of proposed utilities. Construction plans must show adequate detail on the size and material of existing and proposed water service lines and water mains, including valves, fittings and other related appurtenances. The DPW Water Division will not sign off on building permits until construction plans have been submitted and approved.). The applicant must also demonstrate that the water system can deliver adequate fire flow and static pressure to the proposed facility.
- The wastewater flow calculations associated with this change of use must 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. The DPW Sewer Division will not sign off on building permits until all sewer connection fees have been paid and construction plans have been submitted and approved. Construction plans must show adequate detail on the size and material of the proposed and existing sewers, including service laterals, cleanouts and manholes. All sewer laterals, existing and proposed, should include a two-way cleanout, located at the property line.
- The applicant must consult with the Sewer Department to determine if a grease trap will have to be added prior to discharging to the Town’s Sewer System since the applicant will be adding a kitchen.
Prior to issuance of a Building Permit:
- A Zoning Permit must be issued;
- 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 at the Plymouth County Registry of Deeds 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;
- The Petitioner shall submit documentation demonstrating conformance with Section 205-65 of the Bylaw, Prevention of Light Pollution, shall be submitted to the satisfaction of the Building Inspector.
The basement of the existing building is to be used solely for storage. Any other potential future uses shall require approval from the Building Commissioner or Zoning Board of Appeals.
Ken Buechs, second; the vote was unanimous (5-0).
Other Business:
“Topics not reasonably anticipated by the Chair 48 hours in advance of the meeting.”
None
Correspondence:
None
Tim Grandy moved for the Board to adjourn at 7:56 p.m.; Marc Garrett, second; the vote was unanimous (5-0).
Respectfully Submitted:
Eileen Hawthorne Approved: August 18, 2014
Administrative Assistant
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