August 18, 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
Planning Board Alternate: Robert Bielen
Staff Members: Lee Hartmann and Robin Carver
Recording Secretary: Eileen Hawthorne
Paul McAlduff challenged the Planning Board members and the Town Manager to participate in the ALS Ice Bucket Challenge.
Administrative Notes:
Minutes:
The Planning Board approved the minutes* of July 28, 2014 as presented.
The Planning Board approved the minutes* of August 4, 2014 as presented.
ZBA 3760 – Marlete Tringale
116 Court Street, Map 14, Lot 22A-1
Special Permit for a beauty shop
The Board received the following documentation for this review:
Staff Report
Locus Map and Site Photographs
Special Permit Plan dated July 27, 2014
Handout: Engineering Department Comments dated August 11, 2014
The Board recommended approval of ZBA 3760 subject to the following conditions:
The Petitioner must show existing utility (water and sewer) locations and sizes. Prior to the start of construction, the petitioner 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 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.
Petitioner will comply with all State of Massachusetts discharge guidelines for wastewater.
ZBA 3759 – Belongulla Limited Two
17 Lake Ave, Map 57, Lot 60-3
Special Permit to waive side, rear and front setback requirements in order to demolish an existing garage/boathouse and construct a two car garage with loft storage
The Board received the following documentation for this review:
Staff Report
Fire Department Comments dated July 30, 2014
Locus Map and Site Photographs
Building Elevations
Site Plan dated July 23, 2014
Handout: Engineering Dept. Comments dated August 11, 2014
The Board recommended approval of ZBA 3759 subject to the following conditions:
As this property is within a residential neighborhood, the proposed garage shall only be used for accessory residential uses and not as a dwelling unit or units or for any commercial business purposes.
Form A Plans: None
Tim Grandy moved for the Board to approve the Administrative Notes with conditions as noted; Malcolm MacGregor, second; the vote was unanimous (5-0).
Committee Appointments
Manomet Steering Committee
Ken Buechs nominated John Fay for the vacant position on the Manomet Steering Committee; Malcolm MacGregor, second; the vote was unanimous (5-0).
Open Space Committee
Marc Garrett moved to nominate Amanda Crouch-Smith to the vacant position on the Open Space Committee; Tim Grandy, second.
Malcolm MacGregor moved to nominate Karen Edwards to the vacant position on the Open Space Committee; there was no second.
The vote to appoint Amanda Crouch-Smith was unanimous (5-0).
Public Hearing (revised and continued from 7/14/14)
Town Meeting Article – Building Heights
The Board received the following documentation for this review:
Draft Recommendation
West Plymouth Steering Committee Building Height Overlay District Map
Malcolm MacGregor’s Building Height Overlay District Map
2012 Building Height Overlay District Map
Paul McAlduff read the amended public hearing notice and opened the public hearing.
Lee Hartmann noted that the Board received the language from the 2013 article that was before Town Meeting with additional information regarding support of the previous article. The 2013 article included the Camelot Industrial Park and areas in and around the Plymouth Industrial Park. The proposed article only includes areas in and around Plymouth Industrial Park, Rte. 3 and Rte. 44. During the public hearing that began on July 14, 2014, the Board suggested that the North Plymouth Steering Committee (NPSC) have an opportunity to weigh in on the current article proposed for Fall 2014 Town Meeting. The NPSC was supportive of the changes, but had three suggestions regarding the proposed overlay district: provide a buffer along Rte. 3, eliminate high points such as the Almeida and WPLM properties, and look at
including lower lying areas along Industrial Park Road. Mr. Hartmann presented several maps outlining the topography and elevations in the area being considered for the increased building heights. He also presented a map incorporating the suggestions made by the NPSC: a 100 ft. setback along Rte. 3, elimination of properties with an elevation of 150 ft. or higher, and including a low lying area along Industrial Park Road.
Malcolm MacGregor expressed his concern that it might be politically unwise to bring this proposal to Town Meeting and noted that the areas he proposed are destitute areas that could use improvement.
Marc Garrett understood Mr. MacGregor’s concerns but did not feel that some of the area he proposed would be attractive to developers. Mr. Garrett thought that the NPSC options created a viable compromise.
Tim Grandy mirrored Mr. Garrett’s comments and was supportive of the current proposal.
Ken Buechs stated he was inclined to support the proposal as revised and felt that the connectivity with Exit 7 would work.
Paul McAlduff agreed with the majority of the Board and that increased industrial development in an industrial area was appropriate.
Public Comment:
None
Tim Grandy moved to close the public hearing; Ken Buechs, second; the vote was unanimous (5-0).
Marc Garrett moved for the Board to recommend to Town Meeting approval of an Overlay District for Building Heights to exceed 35 ft. in the areas defined on the revised map; Ken Buechs, second; the vote was (4-1-0) with Malcolm MacGregor in opposition.
Public Hearing (cont. from 7/14/14)
Town Meeting Article – Convert Special Permit Uses
The Board received the following documentation for this review:
Draft changes to the bylaw and maps
Paul McAlduff opened the public hearing continued from July 14, 2014.
Lee Hartmann suggested that the Board consider limiting the proposed amendments to the Arterial Commercial, Mixed Commerce and the Airport Zones.
Malcolm MacGregor agreed with the proposed zones, but did not want to include hotels and motels as allowed uses. He felt that the occupancy rates for existing hotels were low.
Ken Buechs thought that hotels and motels should be an allowed use as the Town prepares for 2020.
Tim Grandy did not want to limit hotel and motel investors from being able to develop in Plymouth.
Mr. MacGregor explained that hotels and motels could be developed under the special permit process.
Marc Garrett expressed a concern with altering anything in the Waterfront district.
Public Comment:
Atty. Edward Angley stated he was not sure if the hotel/motel occupancy rates were low.
Paul McAlduff stated that banks would not finance hotels/motels without a viable business plan.
Ken Buechs moved to close the public hearing; Malcolm MacGregor, second; the vote was unanimous (5-0).
Ken Buechs moved recommend approval of the following changes from special permits to allowed uses:
Transitional Commercial:
Professional offices and services such as doctors, lawyers, architects, and design studios, provided that no major structures of greater than 5,000 square feet or 100 feet in any dimension shall be constructed.
Business offices such as accountants, realtors, insurance, offices of institutions or civic organizations and general offices, provided that no major structures of greater than 5,000 square feet or 100 feet in any dimension shall be constructed.
Arterial Commercial:
Planned office parks and major office buildings
Light Industrial:
Technical Schools or other training facilities on spacious, adequately buffered sites.
Commercial or public indoor and/or outdoor recreational uses, such as ball fields, soccer fields and other sports fields and courts, swimming pools, tennis and racquetball clubs, and the like.
Airport:
Motels and hotels
Planned office parks and major office buildings
Mixed Commerce:
Technical schools or other training facilities on spacious, adequately buffered sites.
Commercial recreation uses such as theaters, bowling alleys, swimming pools and gymnasiums.
Office buildings, laboratory, research facilities, and other campus-type office structures or groups of structures.
Hotels and motels.
Tim Grandy, second.
Malcolm MacGregor moved to amend the motion to remove hotels and motels from all zones. There was no second.
The vote was (4-1-0) with Malcolm MacGregor in opposition.
ZBA 3758 – MCDe Realty Trust
2240 State Road, Map 54, Lots 14 and 15A
Special Permits to exceed size in order to construct and install a permanent identification pylon sign and for waiver of location
The Board received the following documentation for this review:
Staff Report
Engineering Dept. Comments dated July 25, 2014
Fire Dept. Comments dated July 29, 2014
Sign Schematics
Site Photographs
Site Plan dated February 25, 2014
Atty. Edward Angley presented the request for a special permit to erect a 40 sq. ft. identification pylon sign to identify six potential tenants.
Robin Carver noted that existing 20 sq. ft. signs in the area are mostly for single use sties.
Marc Garrett stated that the sign had six panels and asked if a use splits would it go to seven panels.
Atty. Angley replied that if the use was split, it would go to seven tenants.
Malcolm MacGregor moved to recommend approval of the 40 sq. ft. sign to the Zoning Board of Appeals subject to the following condition:
The lighting for the proposed sign must comply with the Prevention of Light Pollution Section of the Bylaw (Section 205-65).
Ken Buechs, second; the vote was unanimous (5-0).
Conceptual Review
221 & 225 Beaver Dam Road, Map 75, Lots 13B 13C, and 13D
Village Open Space Development (VOSD) consisting of five units, open space and associated infrastructure
The Board received the following documentation for this review:
Site Plan dated August 10, 2014
Excerpt from the Planning Board minutes of September 16, 2014
Locus Map
Site Plans dated June 24, 2013 and August 13, 2013
VOSD Analysis
Randy Parker, Land Management Systems, Inc., presented a revised conceptual review for a VOSD on a 5.45 acre site with an existing single family home and dog kennel. The conceptual plan detailed an 18 ft. gravel driveway looping around five three-bedroom new residential dwellings, a relocation of the dog kennel closer to Beaver Dam Road and open space. A previously reviewed conceptual plan showed three 2-bedroom dwellings and two 3-bedroom dwellings.
Robin Carver noted that the conceptual plan was sensitive to the natural vegetation on the site. Ms. Carver suggested reducing the road construction by removing the area circling around the back of the proposed dwellings.
Tim Grandy expressed a concern with the proposed gravel road and its maintenance. Mr. Grandy suggested that a paved road or a road constructed with pervious pavers might be preferable. He asked what the “by-right” unit count was for the site, what drainage was proposed, whether the septic system would be combined for all five units and whether there was connectivity to walking trails. He suggested that larger size plans be submitted for review. He expressed a concern with the note on the plan showing a retaining wall “as needed”.
Mr. Parker explained that the “by right” unit count was 6.9 and that a gravel road was preferable. The drainage has been designed to paved road standards and they will look at the potential for walking trails.
Marc Garrett was supportive of the overall concept and agreed with Mr. Grandy that larger plans were preferable. Mr. Garrett expressed concerns with relocating the kennel closer to Beaver Dam Road and the proposed proximity to abutting neighbors. The visibility and noise from the kennel may become an issue.
Tim Grandy asked if the plan has been presented to the steering committee.
Lee Hartmann noted that the plans will be distributed to the steering committee once there is a formal filing.
Paul McAlduff was concerned that a gravel road might make the dwellings less marketable and that noise from the kennels could be an issue. He suggested that sound absorbing tiles should be used in the construction.
Other Business:
“Topics not reasonably anticipated by the Chair 48 hours in advance of the meeting.”
Ken Buechs informed the Board that he has initiated a citizen’s petition for Town Meeting for the Town to purchase a beach rake to clean the public beaches, parks and recreational areas. The machine will clean sand and grass areas by picking up litter, seaweed and rocks.
Lee Hartmann stated that Randy Parker has submitted a petitioned article for a zoning bylaw change without following any of the Planning Board’s policy. He will make an informal presentation to the Board at the September 8th meeting.
Paul McAlduff noted that the plans for the new town hall are moving forward.
Tim Grandy moved to adjourn at 8:45 p.m.; Ken Buechs, 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 8, 2014
Administrative Assistant
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