2/2/15
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, and Malcolm MacGregor
Planning Board Alternate: Robert Bielen
Staff Members: Lee Hartmann and Robin Carver
Recording Secretary: Eileen Hawthorne
Administrative Notes:
Minutes*:
The Board approved the minutes of January 12, 2015 as presented.
B437 – Pinehills LLC – Lot Release* 11-257
Form A Plans*:
The Board determined that the following Form A plans were entitled to endorsement:
A4522 – Holland and Patience Gregg, Map 80, Lot 8-1 and Forges Farm Inc. Map 80, Lot 8-2, Old Sandwich Road – Lot line adjustment to create lots 8-3 and 8-4
A4523 – Fagan Family Realty Trust, 55 and 59 Musket Road, Map 106, Lots 16-36 and 16-37 and Margaret Turner, 49 Musket Road, Map 106, Lot 16-38 – Lot line adjustment to create lots 16-59 and 16-60
Malcolm MacGregor moved for the Board to approve the Administrative Notes as presented, including A4523; Marc Garrett, second; the vote was unanimous (4-0).
ZBA 3778 – Town of Plymouth
26 Court Street and 25 South Russell Street, Map 19, Lots 2 and 6
Special Permit to exceed 35 ft. height limit in order to construct a new town municipal facility.
The Board received the following documentation for this review:
Staff Report
Building Comparison
Engineering Dept. Comments dated January 21, 2015
Locus Map
Site Plans dated November 14, 2014
Melissa Arrighi, Town Manager, presented the request for a special permit in order to exceed the height requirements for the new town hall proposed at 26 Court and 25 South Russell Streets. The building height will be 52 ft. at the rear, 60.5 ft. in the middle with the highest point being the cupola on the existing 1820 Courthouse at 81.6 ft. Ms. Arrighi noted that interior demolition has begun in the old police station.
Robin Carver noted that the architects designed the new additions to limit visibility from Court Street and to work with the topography of the site.
Marc Garrett moved for the Board to recommend approval to the Zoning Board of Appeals subject to the following conditions:
Prior to issuance of a Building Permit:
- A Zoning Permit must be issued;
- 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;
Prior to issuance of a Final Occupancy Permit:
- A Registered Landscape Architect or other qualified licensed professional must certify to the Building Commissioner that the required landscaping has been installed substantially in accordance with the approved site plan and Zoning Bylaw;
- A report must be submitted to the Building Commissioner by a Registered Professional Engineer, certifying that the drainage system, drive ways, curbing, and parking areas according to accepted practices and in compliance with the Zoning Bylaw and approved site plan;
- Satisfactory completion of any curb cut improvements constructed by the Petitioner, including repair of any damaged monuments or benchmarks as noted on the plans if located in the vicinity of the proposed work, shall be performed by the Petitioner.
Tim Grandy, second; the vote was unanimous (4-0).
Presentation – Engineering Dept.
Street Acceptance – Lunn’s Way
The Board received the following documentation for this review:
Memo from Town Engineer dated January 15, 2015
Locus Map
Public Hearing notice
Lee Hartmann, on behalf of the Engineering Department and the Roads Advisory Committee, presented the proposed town meeting article for the road acceptance of Lunn’s Way as a public road. The road was built to accepted standards at the time of construction, but not to today’s standards. The developer provided a gift for funding road repairs within the Ponds at Plymouth which has almost been depleted. Mr. Hartmann noted that the road acceptance will require eminent domain takings. The road acceptance will allow the town to move forward with providing traffic calming measures including the installation of stop signs and enforceable posted speed limits.
Malcolm MacGregor suggested adding bicycle lanes to Lunn’s Way.
Marc Garrett agreed that Lunn’s Way would be a suitable candidate for a bicycle path as it connects the two major bicycle routes on Bourne and Long Pond Roads.
Tim Grandy suggested that the Saltonstall bicycle route could be relocated through the development. Mr. Grandy noted that the residents have been working with the Roads Advisory Committee to have the road accepted.
Paul McAlduff was supportive and suggested that elimination of the three way stop signs should be considered.
Malcolm MacGregor moved for the Board to notify the Town Engineer as follows:
To support the acceptance of Lunn’s Way as a Town Way and offers the following additional suggestions:
- In the future, the Town should consider options for adding Complete Street elements to this collector street.
- The appropriateness of the existing three-way stop signs should be reviewed.
Marc Garrett, second; the vote was unanimous (4-0).
The meeting adjourned for 25 minutes.
Public Hearings – Town Meeting Articles (cont. from 1/26/15):
Paul McAlduff read the public hearing notice and opened the public hearing.
Seated: Marc Garrett, Tim Grandy, Paul McAlduff and Malcolm MacGregor.
Amend Zoning Bylaw – Mixed Commerce
The Board received the following documentation for this review:
Draft Language
Locus Maps
Mixed Commerce Map
Narrative
Sample Suburban Multi-Family Campus
Apartment vs. Retail/Office Comparison
Sample Suburban Multi-Family Campus
Rezone Map 103, Lots 44, 14K-39C and 14K-40B
The Board received the following documentation for this review:
Assessor’s Map
e-mail from Wynn Gerhard
Paul McAlduff read the public hearing notice and opened the public hearing.
Seated: Marc Garrett, Tim Grandy, Paul McAlduff and Malcolm MacGregor
Atty. Robert Betters, on behalf of Saxon Partners, the owners of Colony Place, presented two petitioned articles for Spring Town Meeting. Article 32 would change the zoning of the “Park and Ride” lot from Light Industrial (LI) to Mixed Commerce (MC). The site has frontage on Commerce Way and is surrounded by parcels zoned MC. Article 33 would amend the Zoning Bylaw to allow multi-family structures in the Mixed Commerce Zone.
Don Smith, Saxon Partners, informed the Board that the Park and Ride lot was purchased with the intent to develop to compliment Colony Place. The North Plymouth Steering Committee (NPSC) and the West Plymouth Steering Committee (WPSC) reviewed the proposed zoning change and were supportive.
Public Comment:
Russel Appleyard, WPSC Chair stated that the committee voted to support the zoning change given the mixed commerce uses abutting the site. The committee had one concern with the safety of the existing left hand turn into the site and suggested that an alternative access would be safer.
Malcolm MacGregor suggested developing the site with retail on the first floor and office and/or light industrial uses on upper floors.
Marc Garrett was supportive of retail as the end use, but stated that the Town has a lack of available parking. Mr. Garrett felt the town should explore all options for providing parking for the 400th anniversary celebrations.
The other Board members agreed with comments made by Mr. Garrett and Mr. MacGregor.
Atty. Betters noted that the Town did not bid on the property when it went up for auction.
Tim Grandy moved to close the public hearing; Malcolm MacGregor, second; the vote was unanimous (4-0).
Malcolm MacGregor moved for the Board not to support Article 32, based on the following:
An ample supply of land zoned for retail use already exists within the Town.
- Before the Town rezones this property from Light Industrial to Mixed Commerce, the Town should first explore all other options to make this site available for public parking during the Town’s 400th anniversary celebrations.
- The Planning Board would be more inclined to support a zoning amendment that required a mix of uses with retail on the first floor and office and light industrial uses on upper floors.
Marc Garrett, second; the vote was unanimous (4-0).
Don Smith, Saxon Partners, presented Article 33 that would create a live, work, play concept in the MC zone. Multi-family housing would be located behind the plaza off Plaza Way and provide an opportunity for residents to walk to abutting restaurants and shops within close proximity to the Kingston rail system. The one and two bedroom units would limit the number of children in the development. The NPSC was in support of the proposal while the WPSC had questions regarding the impacts on schools, traffic, the Plymouth/Carver aquifer and town utilities.
Lee Hartmann noted that the original proposal has been revised to require that multi-family structures in the MC zone would only be allowed on parcels of 15 acres or more. Mr. Hartmann stated that the location would be appropriate for density, but a residential component needs to be further defined and might be accomplished in other ways. A transfer of development rights into the site might be a way to provide a residential use on the site. There is some concern with reducing the small amount of land in Plymouth designated for commercial uses. Staff was not supportive of the proposed zoning change.
Public Comment:
Judy Barber, WPSC, stated that the committee had some concerns on the impacts of a 250 unit residential development on town services and infrastructure. Ms. Barber reviewed the impacts the Pembroke Woods development of 240 residential units had on Pembroke’s schools and public safety resources.
Russel Appleyard, WPSC Chair, encouraged the Town to pay attention to unintended consequences of amending the bylaw to allow multi-family in the MC zone. The committee felt they did not have enough information regarding impacts to support the proposal.
Jim McNealy expressed concerns with the buffering of the existing residential neighborhoods abutting the development. He was concerned that the proposed loop road would be too close to the abutting neighborhoods and suggested requiring a minimum buffer of 100 ft.
The Board agreed that additional information regarding impacts on schools, traffic, town services and any unintended consequences would be necessary before they could support the proposed article.
Tim Grandy moved for the Board to close the public hearing; Marc Garrett, second the vote was unanimous (4-0).
Atty. Betters, on behalf of Saxon Partners, requested that the Board take no action.
Marc Garrett requested that a working group be created to further explore the impacts and potential for residential development within Colony Place.
Site Plan Review – 499 State Road LLC
499 State Road, Map 76, Lot 38
Rebuild restaurant destroyed by fire
The Board received the following documentation for this review:
Staff Report
Engineering Dept. Comments dated January 12, 2015
Locus Map
Site Plan dated December 23, 2014
Architectural Rendering dated November 12, 2014
Robin Carver presented the site plans for the reconstruction of the former Foppiano’s restaurant at 499 State Road. The restaurant was destroyed by a fire several years ago and is grandfathered for 100 seats and 16 parking spaces. The shell of the structure will be reconstructed with minimal interior improvements until a tenant has been identified. The parking lot will be restriped and the landscaping will be similar to that of the previous restaurant. The structure will be 2,900 sq. ft. with a flat roof at a height of 15 ft. Fencing will be installed at the rear of the property to provide a buffer for Village Crossing residents.
Malcolm MacGregor preferred a peaked roof instead of a flat roof. Mr. MacGregor asked how the rooftop mechanicals would be screened.
Mike Vogel explained that he would install screening on the rooftop to shelter or buffer the mechanicals.
Marc Garrett asked if the building on the abutting property would be razed.
Mr. Vogel stated that the intent was to raze the abutting building in the future.
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:
Drainage calculations conforming to the Town of Plymouth’s Drainage Guide must be submitted to document compliance with Redevelopment Projects.
The existing parking in front of the existing/proposed building should be relocated on site or the existing curb cut adjacent to this parking should be eliminated. This existing parking causes vehicles to back directly into State Road/existing site entrance creating an unsafe situation between vehicles on State Road and vehicles entering/exiting the site.
The petitioner shall show existing/proposed signage. Additional review for new signage may be required.
The petitioner shall confirm the location of the existing water service since it is shown going directly into a sewer manhole.
Prior to starting construction, the contractor shall meet with the Plymouth Water Division to review construction plans and water metering requirements. Construction plans must show detail on the size and material of existing and proposed water service lines and water mains, including valves, fittings, hydrants and other related appurtenances. Water services shall be polyethylene (PE) 1”, 1-1/2” or 2” copper tubing size (CTS), rated for 200 psi. When applicable, the petitioner shall coordinate with the Plymouth Water Division to schedule an inspector to oversee the abandonment, construction chlorination and pressure testing of all water mains and services. The petitioner is responsible for paying all fees associated with the inspector’s services. Upon completion of water construction, the petitioner shall submit
copies of water main as-built plans and service connection tie cards to the DPW Engineering Division (1 copy) and DPW Water Division (1 Copy).
Lighting is to comply with Section 205-65 Prevention of Light Pollution of the Zoning Bylaw. Compliance must be documented.
The Planning Board encourages the Petitioner to consider a peaked or gable roof style in the architecture of the proposed building.
All rooftop mechanicals shall be screened on all sides.
The Petitioner shall notify the Planning Board of any work or demolition associated with the second building, located at 497 State Road.
Tim Grandy, second; the vote was unanimous (4-0).
Site Plan Review:
42 Industrial Park Road, Map 102, Lot 28
The Board received the following documentation for this review:
Staff Report
Locus Map and Site Photographs
Site Permitting Plans
Bill Shaw, Associated Engineering, presented the site plan for a 10,000 square foot office and classroom addition to the Plymouth Academy, two outdoor play areas and a reconfiguration of the site’s parking spaces. The building will mirror the appearance and design of the existing structure. The parking is to be constructed in an area previously prepared for development.
There are currently 253 parking spaces at 40 and 42 Industrial Park Road. ~Thirty-six (36) existing spaces will be removed and 85 spaces constructed, for a new total of 302 spaces. The school is projected to have 100 students and 50 staff (2500 sq. ft. gym used at times as an auditorium). ~ The parking requirement for the school is 25 for staff and 50 for the gym for a total of 75. ~The existing office building is 40,000 sq. ft. requiring 200 spaces. Required parking is 275 and 302 are provided.
Marc Garrett moved for the Board to notify the Building Commissioner that the site plans comply with the requirements of the Zoning Bylaw provided the following conditions are addressed:
Prior to issuance of an occupancy permit: a Registered Professional Engineer must certify that the drainage system, drive ways, curbing and parking areas have been installed; and a Registered Landscape Architect or other qualified licensed professional must certify that the required landscaping has been installed; all according to accepted practices and in compliance with the Zoning Bylaw and the approved site plan.
Compliance with ADA requirements must be documented.
Lighting is to comply with the Light Pollution Bylaw.
The Town Engineer must approve the proposed drainage design and calculations.
Malcolm MacGregor, second; the vote was unanimous (4-0).
Other Business:
“Topics not reasonably anticipated by the Chair 48 hours in advance of the meeting.”
Tim Grandy moved for the Board to adjourn at 8:00 p.m.; Malcolm MacGregor, second; the vote was unanimous (4-0).
*On file with the Office of Planning and Development in project case files.
Respectfully Submitted:
Eileen Hawthorne Approved: February 23, 2015
Administrative Assistant
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