1/12/15
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*:
January 5, 2015
The Board approved the minutes of January 5, 2015 as presented.
B582 – Arbor Hill Estates (f.k.a. Island Pond Estates)
Land Court Plan* Endorsement
The Board approved the endorsement of the Land Court plan for B582 – Arbor Hills Estates.
B543 – AD Makepeace, Redbrook – Minor Modification Lot 4-47
The Valle Group, Inc. requested a reduction of the required rear yard setback from 25 feet to 18 feet for Lot 4-47 on Assessors Map 116 as shown on a plan entitled “Plan to Accompany Zoning Application in Plymouth, Mass.”, prepared for The Valle Group, Inc., prepared by Flaherty and Stefani, Inc. and dated January 8, 2015. The drainage easement shown on the plan, occupies a substantial part of the rear portion of the lot.
The Board approved the minor modification for lot 4-47 as presented.
Form A Plans*:
None
Malcolm MacGregor moved for the Board to approve the Administrative Notes as presented; Ken Buechs, second; the vote was unanimous (5-0).
Committee Appointment:
Cedarville Steering Committee
The Board received the following documentation for this appointment:
Committee Selection Worksheet
E-mail of Interest from Dana Parker dated January 6, 2015 with Resume
Tim Grandy moved for the Board to appoint Dana Parker to the Cedarville Steering Committee with a term to expire June 30, 2017; Ken Buechs, second; the vote was unanimous (5-0).
Conceptual Review: EBM Realty Trust/Bramhall
425 and 429 Sandwich Street, Map 26 Lots 3 and 3C
VOSD to create 26 new residential lots with associated infrastructure and open space
The Board received the following documentation for this review:
Conceptual Review Memo dated January 8, 2015
Locus and Topo Maps
Conceptual VOSD Plan dated January 5, 2015
Roadway Improvement Plan dated January 5, 2015
Conceptual Subdivision Plan dated February 25, 2014
Mark Flaherty, Flaherty and Stefani, Inc., presented a conceptual VOSD plan for a 26 residential lot subdivision with open space and associated infrastructure on 28 acres located at 425 and 429 Sandwich Street adjacent to “Bramhall’s Corner”. Approximately 50% of the site will be designated as open space with trails and will abut a 30 acre vacant parcel owned by NStar. There is an existing home on the site. Mr. Flaherty showed that a conventional subdivision would support 31 lots residential lots, while zoning would allow for a density of 38 lots. The site plan detailed the residential lots clustered in the northeast corner of the site. The residential lots would vary in size from 10,000 to 57,000 sq. ft. and the 3-4 bedroom homes will vary in size from approximately 1,700 to 2000 sq. ft. There will be two affordable units. Utilities would include Town water, and private septic with a number of drainage easements. There will be an emergency access and the roadway will be
20 ft. wide with 1 ft. berms on both sides and a 4 ft. sidewalk along one side. There are no environmental issues on the site. A preliminary traffic review indicates that some traffic mitigations to Bramhall’s Corner will be necessary to provide adequate public safety.
Marc Garrett noted two areas of concern: traffic calming in the intersection and a connection to adjacent open space.
Tim Grandy indicated that fire hydrants and road construction to the Town’s standards would be of importance. Mr. Grandy also suggested adding a crosswalk for pedestrian safety.
Malcolm MacGregor suggested a raised crosswalk with pedestrian signalization and providing an easement for a future sidewalk and/or bicycle path along Sandwich Road.
Paul McAlduff suggested adding stop signs and crosswalks on both Sandwich and River Street.
The Board looks forward to further review of the proposed project.
ZBA 3774 – 76 Court LLC
76 Court Street, Map 17, Lots 32 and 33B
Special Permit for Inclusionary Housing or alternatives thereto, and/or Modification of Conditions No. 1 and 2 of Special Permit 3701 to allow alternatives for affordable units
The Board received the following documentation for this review:
Conditions No. 1 and 2 of Special Permit 3701 to allow alternatives for affordable units
The Board received the following documentation for this review:
Staff Report
ZBA Decision 3701
Locus Map
ZBA 3775 – 76 Court LLC
7 Russell Street, Map 17, Lots 64B, 64C and 65
Special Permit for Inclusionary Housing or alternatives thereto, and/or Modification of Conditions No. 1 and 2 of Special Permit 3741 to allow alternatives for affordable units
The Board received the following documentation for this review:
Staff Report
ZBA Decision 3741
Locus Map
Atty. Robert Betters, Withington and Betters, PC, presented the request for ZBA cases 3774 and 3775 to modify conditions under previous decisions (ZBA cases 3701 and 3741 respectively), to allow affordable housing to be located off site at 11 Clyfton Street. The Armory building (3701) originally called for two affordable condominium units to be constructed on site: one 1-bedroom unit and one 2- bedroom unit. Both were included in the reconstruction of building and marketed as affordable units. Only the one bedroom unit was sold. The 2-bedroom unit has been marketed for close to a year and it has been very difficult to find a qualified buyer. The special permit for the former Registry of Deeds Building also calls for a similar mix of affordable and market rate condominium units. The owner of both
buildings proposes to locate the remaining affordable housing units in a property he owns at 11 Clyfton Street. The Clyfton Street units would be affordable rental units for which there is a higher demand in the downtown area. The initial MOU required a $100,000 payment in lieu of constructing the affordable housing on site, but the ZBA required the units to be constructed on site.
Rick Vayo, Megryco, explained that he has tried to comply with the ZBA’s requirements at great expense, but the market is not there for affordable condominium units in the downtown area. The rental market has waiting lists for people looking for affordable units.
Robin Carver confirmed that the applicant has complied with all the affordable housing marketing requirements, but has been unable to find qualified buyers and that there is a need for affordable rental units.
The Board discussed the rental vs. purchase option; maintenance and parking; renovation materials; and the number of affordable units.
Marc Garrett noted that the Plymouth Center Steering Committee was supportive of the relocation of the affordable units in both projects.
Gus Diodato commented that the affordable housing component of a project is an expensive undertaking for the developer and that the developers would like to be able to transfer affordable units to other projects.
Marc Garrett moved for the Board to recommend approval of cases 3774 and 3775 to the Zoning Board of Appeals subject to conditions as follows:
ZBA 3774, Armory Building:
CONDITIONS # 1 AND #2 SHALL REMAIN IN EFFECT WITH RESPECT TO THE EXISTING ONE-BEDROOM AFFORDABLE UNIT IN THE ARMORY (UNIT 19), BUT SHALL BE AMENDED AS FOLLOWS WITH RESPECT TO THE TWO-BEDROOM AFFORDABLE UNIT (UNIT 20):
Prior to the issuance of a Zoning Permit, the Petitioner shall satisfy the requirements of Section 205-71 with respect to Inclusionary Housing by having Clyfton designate one (1) unit as an Affordable Unit at 11 Clyfton Street, per the MOU with the Office of Community Development of the Town of Plymouth, which shall be approved by the Board of Appeals and which shall be presented to the Building Commissioner.
When the one (1) Affordable Unit is available at 11 Clyfton Street, the Petitioner shall cause Clyfton to file a complete (as deemed by the Commonwealth of Massachusetts) LIP application with the Massachusetts Department of Housing and Community Development (DHCD). By filing a completed LIP application, the Petitioner shall satisfy Section 205-71.
Based on this decision, the existing two-bedroom unit (Unit 20) may be sold and conveyed as a market-rate unit, subject to modification of the existing Regulatory Agreement with DHCD.
and
ZBA 3775, Registry of Deeds Building:
CONDITIONS # 1 AN D #2 SHALL BE AMENDED AS FOLLOWS WITH RESPECT TO THE TWO (2) AFFORDABLE UNITS:
Prior to the issuance of a Zoning Permit, the Petitioner shall satisfy the requirements of Section 205-71 with respect to Inclusionary Housing by having Clyfton designate two (2) units as Affordable Units at 11 Clyfton Street, per the MOU with the Office of Community Development of the Town of Plymouth, which shall be approved by the Board of Appeals and which shall be presented to the Building Commissioner.
When the two (2) Affordable Units are available at 11 Clyfton Street, the Petitioner shall cause Clyfton to file a complete (as deemed by the Commonwealth of Massachusetts) LIP application with the Massachusetts Department of Housing and Community Development (DHCD). By filing a completed LIP application, the Petitioner shall satisfy Section 205-71.
Ken Buechs, second; the vote was unanimous (5-0).
B595 – Westwood Settlement
Preliminary Subdivision/VOSD
Augustino Diodato, off Royal Street, Map 30, Lots 4A-2, 4-13B, 5, 10, 10B, 12, & 31
Road layout with twelve (12) residential lots and open space
The Board received the following documentation for this review:
Staff Report
Letter from Associated Engineers dated December 1, 2014
Engineering Dept. Comments dated December 24, 2014
Fire Dept. Comments dated December 10, 2014
Conservation Agent Comments dated December 22, 2014
Locus and Topo Maps
Preliminary Subdivision Plan dated November 26, 2014
Bill Shaw, Associated Engineers of Plymouth Inc., presented the plans for a preliminary subdivision with a special permit for a VOSD on a 12 acre parcel located off Royal Street. The plans detailed 12 residential lots with open space and associated infrastructure. One of the residential lots could be developed for up to 12 townhouses and the remaining 11 lots would be for single family structures. The open space has been designed to buffer the surrounding neighborhoods and include wetland areas. An existing outfall pipe from Alden Terrace drains onto the site and the drainage design for the subdivision will treat the runoff with best management practices. The site will be serviced by Town water and sewer. The proposed plan calls for the creation of three inclusionary housing units.
Robin Carver suggested the following concerns with the project for items of discussion:
Wetlands flagging and further exploration of wetland avoidance
Extent of re-grading of the site required for development
Examine benefits of full access vs. emergency access from Alden Terrace into the proposed development
Clarify the total number and type of units being proposed – single family and townhomes – for sale or for lease
Access across Town property required from Alden Terrace
Consider renaming of subdivision for emergency purposes – Westwood Village currently exists.
The Board discussed the above mentioned concerns and indicated that additional information would be needed before they could provide further guidance.
Tim Grandy moved for the Board to vote as follows:
To accept as a complete and accurate submission the preliminary subdivision plan with the following comments to be addressed with the definitive plan:
The petitioner shall identify the total number of buildable lots proposed for the development. The site plan does not show a Lot 4 or Lot 11, therefore clarification is required and the plan revised to reflect accurate lot numbers.
The petitioner shall identify the number and type of units being proposed.
Buildable areas for Lots 8 and 9 should be depicted on the plans. Individual site plan review for some lots may be a condition of approval relative to grading, conservation of existing vegetation and drainage, with septic system areas shown on the plans.
A VOSD special permit will be required for the proposed subdivision as shown. The VOSD application should include a schematic of a standard subdivision as would be laid out for the subject property proving the unit count, and should include information on the disposition of the open space as required under the bylaw.
The entrance into the site from Alden Terrace requires access across Town owned land. Approval from the Town is needed.
Comments from Conservation Commission dated December 22, 2014, DPW dated December 24, 2014, and Fire Department dated December 10, 2014 should be addressed.
Conservation Commission approval is necessary for any work proposed within a wetland resource area or buffer zone.
Consideration should be given to creating a plan that avoids the wetland resource areas; possibly reducing the road length and number of buildable lots.
Note #2., as indicated on the Westwood Settlement Preliminary Subdivision Plan, shall reflect the same total of the sum of the lot areas as shown on the site plan.
Malcolm MacGregor, second; the vote was (4-0-1) with Marc Garrett in abstention.
ZBA 3776 – Colony Place Plaza LLC
200-275 Colony Place, Map 104, Lot 26-16
Modification of Special Permit 3283 and Special Permit for Master Plan Signage in order to add another pylon sign
The Board received the following documentation for this review:
Staff Report
Pylon Sign Location Plan dated November 18, 2014, revised December 12, 2014
Robin Carver presented the request for a special permit in order to erect a second pylon sign (28 ft. high and 17 ft. 6 in. width) at Plaza Way for identification of the back lot users.
Ken Buechs moved for the Board to recommend approval of the proposed pylon sign subject to the following conditions:
The lighting for the proposed sign must comply with the Prevention of Light Pollution Section of the Bylaw (Section 205-65).
The address shall be added to the sign.
Marc Garrett, second the vote was unanimous (5-0).
Appointment: Atty. Robert Betters
Annual Town Meeting Article – Mixed Commerce
Atty. Robert Betters, Withington and Betters, PC, informed the Board that he filed two petitions for Spring Town Meeting on behalf of Colony Place. One article would amend the bylaw to allow multi-family dwellings in the Mixed Commerce Zone. The second article would amend the zoning map to change the lot known as the “Park and Ride” from Light Industrial to Mixed Commerce in order to allow for retail/restaurant development on the site. Atty. Betters requested that the Planning Board consider sponsoring both articles. He noted that the Public Hearings are scheduled for January 26, 2015 at which time he will request a continuance to February 2, 2015 to allow for representatives from Colony Place/Saxon Partners to attend.
Lee Hartmann reviewed the timeline for Town Meeting articles and noted that there is some concern with losing land designated as Light Industrial.
Some members of the Board expressed their concerns with rezoning Light Industrial land to Mixed Commerce while others were in support. The concerns included that retail generates less taxes than light industrial uses and the Town’s need for parking. Those in support felt that retail uses would generate more jobs.
Don Smith, Saxon Partners, stated that they were awarded the winning bid to purchase the Park and Ride lot from the State, but have not completed the purchase. Mr. Smith noted that he has never heard that retail has a negative impact on tax revenues.
Ken Buechs moved for the Planning Board to sponsor the article on Town Meeting floor; Tim Grandy, second; the vote was (2-3) with Marc Garrett, Malcolm MacGregor, and Paul McAlduff in opposition.
Atty. Betters explained that the other petitioned article would allow for a special permit in the Mixed Commerce zone for multi-family units and again requested that the Planning Board consider sponsoring the article for Spring Town Meeting.
Mr. Smith explained the potential for creating apartments on the Colony Place site to create a live/work/play experience for residents. The proposed area for one and/or two bedroom unit multi-family buildings would abut existing residential neighborhoods. He noted that the concept plans will be reviewed by the appropriate steering committees within the next few weeks.
Lee Hartmann noted that the question at this time is whether the Board would sponsor the article for Town Meeting. He stated that Board should consider whether residential growth on this site would be beneficial to the Town.
Marc Garrett noted that to lose commercial land to residential is of concern. He suggested that consideration of creating a landing area for Transfer of Development Rights (TDR) might be an option.
Tim Grandy agreed that losing commercial land was a concern, but that a TDR landing area might be appropriate.
Malcolm MacGregor thought the idea could have some merit, but that further review would be necessary.
Ken Buechs was in support of creating a residential component within the commercial development.
Robert Bielen felt that the residential and retail components could complement each other.
Paul McAlduff expressed his concerns with residential growth’s impact on the schools.
Ken Buechs moved for the Planning Board to sponsor the petitioned article to amend the bylaw to allow for a special permit for multi-family structures in the Mixed Commerce zone; there was no second, therefore there was no motion.
Other Business:
“Topics not reasonably anticipated by the Chair 48 hours in advance of the meeting.”
Update:
Beaver Dam Road flooding issues
The Board discussed the flooding issues on Beaver Dam Road which has historically been an area with wet soils and poor natural drainage. The Village Crossing development underwent a lengthy analysis to determine whether their construction had any adverse effects on the area drainage. The analysis indicated that there has been little change as a result of the development.
Lee Hartmann noted that DPW is aware of the issues in the area.
Tim Grandy moved to adjourn at 9:50 p.m.; Malcolm MacGregor, second; the vote was unanimous.
*On file with the Office of Planning and Development in project case files.
Respectfully Submitted:
Eileen Hawthorne Approved: February 2, 2015
Administrative Assistant
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