September 15, 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 Ken Buechs
Planning Board Alternate: Robert Bielen
Staff Members: Lee Hartmann and Robin Carver
Recording Secretary: Eileen Hawthorne
Administrative Notes:
Minutes: None
ZBA 3763 – Ivo Pierre Coll
2 Wood Fern Path, Map 96, Lot 3B-1
Special Permits to waive front setback requirements and to enlarge a non-conforming structure in order to construct a 25’x27.6’ garage
The Board received the following documentation for this review:
Staff Report
Engineering Dept. comments dated September 8, 2014
Locus Maps and Site Photographs
Plot Plan dated May 21, 2014
The Board recommended approval to the Zoning Board of Appeals subject to the following condition:
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
Marc Garrett moved for the Board to approve the Administrative Notes; Malcolm MacGregor, second; the vote was unanimous (5-0).
Review:
ZBA 3762 – Best Chevrolet
264 Cherry Street, Map 102, Lot 8A-6
West Plymouth and North Plymouth Steering Committee comments
Handout:
West Plymouth Steering Committee comments dated September 12, 2014
North Plymouth Steering Committee comments dated September 11, 2014
Atty. Robert Betters informed the Board that he presented the plans to the North and West Plymouth Steering Committees and both were supportive. Atty. Betters requested that the Board reconsider their vote.
Malcolm MacGregor moved for the Board to reconsider their vote; Ken Buechs, second; the vote was unanimous (5-0)
Marc Garrett moved for the Board to recommend approval to the Zoning Board of Appeals now that the steering committees have reviewed and are in favor of the proposal; Malcolm MacGregor, second; the vote was unanimous (5-0).
Presentation:
Meeting Information on the Town’s Website
Lee Hartmann explained to the audience and the general public how to use the Town’s website to access committee and board agendas on the calendar and how to “Subscribe to News” in order to receive agendas automatically via e-mail once they are posted by staff.
Tim Grandy asked if the steering committees could post their agendas under “Subscribe to News”.
Mr. Hartmann explained that the steering committee agendas are currently posted on the calendar and the option for listing under “Subscribe to News” is not available at this time. He also noted that when projects are filed, the appropriate steering committee chairs are notified and a packet is either mailed to or picked up by the chair. Staff also sends the future agenda list to the steering committee chairs.
Marc Garrett suggested that citizens interested in receiving steering committee agendas could contact the chair to have agendas e-mailed directly to their inbox.
Ken Buechs expressed his concern that some people are too busy to check the website and others do not have computer skills or access to computers to obtain the information.
Mr. Hartmann noted that sometimes there is a timing issue because the steering committees meet once a month. They do their best to schedule additional meetings if necessary.
Presentation:
Historic District Commission
Fall Town Meeting Article
Demolition Delay Bylaw
The Board received the following documentation for this review:
Proposed bylaw revisions
Mike Tubin, Historic District Commission Chair, explained the proposed town meeting article for a demolition delay bylaw that would delay demolition of a significantly historic building that is 75 years or older for up to a period of 12 months if the building constitutes or reflects “distinctive features of the architectural, cultural, economic, political, or social history of the town”. A process would be established that would require the Historic District Commission (HDC) to review any applications for demolition of structures over 75 years old. The HDC would make an initial determination within 14 days of an application as to whether the structure or portions thereof should be Preferably Preserved. If a structure is identified as Preferably Preserved, a public hearing will be held within 30 days in order to
make a final determination. Once a final determination is made, the structure cannot be demolished for up to 12 months in order to allow the applicant to locate a purchaser or developer who is willing to commit to preserve, rehabilitate or restore the structure or the applicant has agreed to a modified scope of demolition or other conditions. Mr. Tubin noted that 139 communities in the State have a similar demolition delay bylaw to preserve historic properties.
Donna Curtin, Plymouth Antiquarian Society, explained how the 1809 Hedge House was preserved and encouraged support of the article to preserve other historical structures.
Mr. Tubin stated that when people become aware that a building is historical, they are more willing to work towards preservation.
Lee Hartmann stated that many other towns and cities use a demolition delay bylaw as a tool to preserve historic properties and noted that Town Counsel reviewed the proposed bylaw language.
Tim Grandy moved for the Board to support the demolition delay bylaw proposed by the Historic District Commission; Ken Buechs, second; the vote was unanimous (5-0).
Lee Hartmann noted that the Historic District Commission also has an article that would add two alternate members to the Commission.
Tim Grandy moved for the Board to support the Historic District Commission’s article to add two alternate members; Ken Buechs, second; the vote was unanimous (5-0).
Public Hearing:
Fall Town Meeting Article
Petition to Amend Zoning Bylaw by adding Section G, Flood Zones and Privately Held Open Space to TDR Sending Parcels
The Board received the following documentation for this review:
Article 36 Amendment dated September 9, 2014
Draft Article 36 dated August 24, 2014
Portion of Zoning Bylaw Section 205-70
Excerpts from the Manomet Master Plan
TDR Unit Count Plan dated August 24, 2014
Paul McAlduff read the public hearing notice and opened the public hearing.
Seated: Marc Garrett, Tim Grandy, Malcolm MacGregor, Ken Buechs and Paul McAlduff
Randy Parker began the presentation of a petitioned Town Meeting article that would allow the creation of Transfer of Development Right (TDR) certificates on properties that have privately held open space. The original petition included flood zones which he has amended to exclude from consideration. The bylaw amendment would allow the Simes Foundation to receive funds from TDR’s on the St. Catherine’s Park property in order to continue with the restoration/construction at the Simes House. The proposal would limit the TDR’s to privately held open space recorded by January 2, 2014 and require that the certificates be landed in the OSMUD zone.
Lee Hartmann stated that Town Counsel was not supportive of the proposal as it was written. Mr. Hartmann noted that Counsel felt the language was vague and not enforceable. He also noted that the Pinehills’ and the owners within the Pinehills have not been contacted regarding this proposal. He stated that while supportive of the concept, it would take a significant amount of time to determine the impacts to the community and to draft language that would be enforceable.
Marc Garrett was not comfortable with the article as proposed and felt that more work needed to be done to create an amendment to the bylaw that would accomplish Mr. Parker’s intent while protecting the Town.
Tim Grandy agreed that the language was deficient and that more research was necessary to determine the impact of the proposed amendment.
Malcolm MacGregor also agreed that the language was vague. He suggested that Mr. Parker contact Colony Place to see if they were interested in becoming a receiving area as they were interested in including residential zoning at one time.
Ken Buechs was supportive of the proposed article that would allow further renovations to the Simes House, but agreed that the language needed to be clarified.
Mr. Parker was interested in consideration of transferring rights into the TRVD zone or potentially using the Inclusionary Housing bylaw to accomplish his objective of funding further renovations of the Simes House.
Tim Grandy moved to close the public hearing; Marc Garrett, second; the vote was unanimous (5-0).
Mr. Hartmann expressed a concern that with the language as proposed, any resident within an OSMUD could receive a TDR.
Mr. Garrett stated that the language has to be reviewed and the impacts to the community need to be determined.
Marc Garrett moved for the Board to recommend that Town Meeting not support the proposed amendment to Section 205-70; Tim Grandy, second; the vote was (4-1) with Ken Buechs in opposition.
Other Business:
“Topics not reasonably anticipated by the Chair 48 hours in advance of the meeting.”
Steering Committee Project Review
The Board received the following documentation for this review:
Memo to the Village Steering Committees dated October 7, 2010
draft Steering Committee Review of Special Permits Policy
Lee Hartmann presented a draft policy that would identify projects that are sent to the Steering Committees for review.
The Board was generally supportive of the policy as drafted.
Tim Grandy moved for the Board to adopt the policy with an amendment to include VOSD special permits for projects over six or more units as projects that would be sent to the Steering Committees; Ken Buechs, second; the vote was (3-2) with Mr. Garrett and Mr. McAlduff in opposition.
B543 – AD Makepeace, River Run/Redbrook - Lot Release
Lots 4-44, 4-45, and 4-47 – Rosebay Lane
Malcolm MacGregor moved for the Board to release lots 4-44, 4-45 and 4-47 from the covenant for River Run/Redbrook; Tim Grandy, second; the vote was unanimous (5-0).
Tim Grandy moved to adjourn at 8:43 p.m.; Malcolm MacGregor, 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 29, 2014
Administrative Assistant
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