2/23/15
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
Staff Members: Lee Hartmann and Robin Carver
Recording Secretary: Eileen Hawthorne
Administrative Notes:
Minutes*:
The Board approved the minutes of February 2, 2015 as presented.
Form A Plans*:
The Board determined that the following Form A plans were entitled to endorsement:
A4521 – Augustino Diodato, 34 Trask Road, Map 50, Lot 34 – Divide into Lots 34-20, 34-21, 34-22, 34-23 and 34-24 (per B594 – VOSD)
A4524 – Michael and Katie Akley, 1 Central Ave, Map 124, Lot 3-47 and Mark and Heidi Burke, 7 Central Ave, Map 124, Lot 3-32 – Lot line adjustment to create Lots 3-48 and 3-49
Malcolm MacGregor moved for the Board to approve the Administrative Notes as presented: Marc Garrett, second; the vote was unanimous (4-0).
Conceptual VOSD Review – Sam and Linda Butterfield
3 Obery Street, Map 25, Lot 43C-Z and 43E
The Board received the following documentation for this review:
Staff memo
Letter from Flaherty & Stefani dated January 29, 2015
Locus Map
Conceptual VOSD Site Plan dated January 29, 2015
Mark Flaherty presented a conceptual review for a potential VOSD off Sandwich Street (a major street) with waivers. One lot would have 39 ft. of frontage on Sandwich Street and the other would have 139 ft. of frontage. The 2.2 acre site could potentially support three residential lots or a duplex through a special permit. The site has an existing single family dwelling with a garage and is in the R25 zone. There are no Natural Heritage, Zone II or wetland issues on the site. The conceptual plan showed a single shared driveway accessing the existing dwelling and travelling around an open field, up a slope to a potential building site with an ocean view. Existing vegetation would be retained to the extent possible with supplemental plantings to augment areas as a buffer for abutters. The
owner would like to have the open space incorporated into the entire site instead of a separate open space lot with a restrictive covenant recorded at the Registry of Deeds. Restrictive covenants for the open space would include the following: provide for no further subdivision of the lots; allow for recreational uses including a pool and/or tennis courts, permit landscaping features such as retaining walls, fences and patios; allow agricultural and/or horticultural uses including gardens, crops, and pasture; restrict use to single family dwellings plus an in-law apartment; allow for modification and/or expansion of the existing structure; allow one outbuilding with a GFA less than 1,200 sq. ft. in addition to the existing garage on Lot 1; allow one animal shelter with a footprint not to exceed 100 sq. ft. and establish the owner of Lot 2 as the party responsible for driveway maintenance.
The Board expressed the following concerns/suggestions: insure against the buffering becoming sparse; install additional landscaping along driveway for screening; create a separate open space lot with no structures; monument the boundaries of the open space; and create building envelopes that would accommodate dwellings, outbuildings and any potential recreational/agricultural/horticultural uses.
Public Hearing – Subdivision Rules and Regulations
Amend to include Complete Streets
The Board received the following documentation for this review:
Proposed Changes to Sections103, 105, 220, 305, 307 308
Complete Street Typical Roadway Section Plate 1B
Paul McAlduff read the public hearing notice and opened the public hearing.
Seated: Marc Garrett, Tim Grandy, Paul McAlduff and Malcolm MacGregor
Lee Hartmann reviewed the proposed amendments to the Subdivision Rules and Regulations that would incorporate language to add the requirements for the “complete street program” to private streets. The town has already adopted a complete street program for public streets. Smaller subdivisions for developments of ten homes or less may be exempt. The Town Engineer has added language to the Plate that would be incorporated into the proposed amendment.
Public Comment:
None
Marc Garrett moved for the Board to close the public hearing; Tim Grandy, second; the vote was unanimous (4-0).
Marc Garrett moved for the Board to approve the amendment of the Subdivision Rules and Regulations as presented, incorporating the Town Engineers comments into the Plate; Tim Grandy, second; the vote was unanimous (4-0).
Public Hearing – Yellow Maple Definitive Subdivision
141 Long Pond Road, Map 88, Lots 36A and 42A
Divide to create six residential lots with road layout and associated infrastructure
The Board received the following documentation for this review:
Staff Report
Narrative and Waiver Requests dated January 8, 2015 with attachments A through C2
Excavation Impact Report dated December 13, 2014
Construction Management Narrative
Beals and Thomas Comments dated January 30, 2015
Fire Department Comments dated January 27, 2015
Engineering Department Comments dated January 21, 2015
Locus Map
Definitive Subdivision Plan of Yellow Maple dated December 23, 2014
Revised staff report
E-mail from Fire Chief Edward Bradley dated February 17, 2015
General Comments from Land Management Systems, Inc., dated February 18, 2015
Letter from Division of Fisheries and Wildlife dated January 13, 2015
Paul McAlduff read the public hearing notice and opened the public hearing
Seated: Marc Garrett, Tim Grandy, Paul McAlduff and Malcolm MacGregor
Randy Parker, Land Management Systems Inc. (LMSI) presented plans for a six lot residential subdivision including a 20 ft. wide roadway with 1 ft. berms on each side and a 4 ft. sidewalk on one side, grading, four drainage bays and rain gardens. Several waivers have also been requested and are outlined in the staff report. The lots would vary in size from 2.3 to 5.2 acres. The owner is willing to grant an easement or create a separate lot for the Town to use Jenkins Hole for drainage. There is an isolated vegetated wetland in close proximity to the site and a request for a jurisdictional opinion has been filed with the Conservation Commission and will also be filed with Natural Heritage. Extensive landscaping will be installed on site to provide buffering.
Malcolm MacGregor commented that it is contrary to stormwater management to drain into Jenkins Hole and expressed concerns with long-term maintenance of the rain gardens and the width of the proposed roadway.
Tony Esposito, LMSI, replied that the Dept. of Environmental Protection (DEP) has guidance documents for maintenance of rain gardens and that the rain gardens will be utilized to capture drainage. Mr. Esposito noted that maintenance of the rain gardens will be incorporated into the homeowner’s association documents.
Mr. Parker noted that the Fire Chief has reviewed the project and his concerns have been addressed. There are still some comments by the Engineering Dept. that need to be addressed.
Tim Grandy also expressed concerns with the width of the roadway and preferred to follow the Fire Chief’s recommendation for road width. He also suggested adding a mechanism to prevent the roads from becoming public in perpetuity.
Malcolm MacGregor and Marc Garrett encouraged consideration of alternative widths for the roadway and sidewalks together.
Mr. Parker agreed to consider road width alternatives and appropriate language to address Mr. Grandy’s concerns regarding public acceptance of the road.
Paul McAlduff shared the concerns regarding the width of the road and drainage maintenance. Mr. Garrett preferred to see the comments from the Conservation Commission and Natural Heritage prior to making any decisions regarding the proposed subdivision.
Public Comment:
None
Malcolm MacGregor moved for the Board to continue the public hearing for B596 – Yellow Maple to March 23, 2015 at 7:15 p.m.; Marc Garrett, second; the vote was unanimous (4-0).
ZBA 3777 – Eastport Bayside LLC
234 Water Street, Map 12, portion of Lot 63
Special permits subject to EDC for multi-family residential units; to waive side setback requirements, if needed; to modify parking and associated standards, if needed; and a modification of special permits 1151, 1381, 1604, 1696, 2509, 3406, and 3579 in order to construct four condominium units in two buildings (two duplexes)
The Board received the following documentation for this review:
Staff Report
Memo from Withington and Betters dated February 18, 2015
Parking Lot Count
Letter from Flaherty and Stefani dated February 15, 2015
Letter from McKenzie Engineering Group, Inc. dated February 10, 2015
Letter from Withington and Betters dated January 23, 2015
Engineering Dept. comments dated January 21, 2015
Letter from Flaherty and Stefani dated January 16, 2015
Fire Department comments dated December 31, 2015
Letter from Flaherty and Stefani dated December 1, 2014
Locus Maps
Harborview Architectural renderings
Site Plans dated October 31, 2014, revised through February 15, 2015
Atty. Robert Betters presented the request for special permits with waivers to convert a portion of an existing parking lot to a two building, four unit condominium complex with associated parking and infrastructure. The request would also modify several previously granted special permits with regards to parking at the office complex located at 225 Water Street. Atty. Betters noted that there is adequate parking to accommodate the office use. The utilities would include town water and sewer. Atty. Betters informed the Board that the project was reviewed and not supported by the Plymouth Center Steering Committee.
Mark Flaherty, Flaherty and Stefani, Inc., reviewed the existing conditions of the site and the plans for the site layout that included an 18 ft. wide driveway, ten parking spaces, an area with grass pavers to provide adequate turning radius for emergency vehicles, an existing sidewalk along Water Street, retaining walls, elevation of the site to accommodate an infiltration system, and extensive landscaping.
Nick Filla, Plymouth Architects, presented the building elevations and floor plans. The structures will be similar to a recently constructed project on Caswell Lane.
The Board suggested adding the number of plantings to the landscape plan, and an ornamental façade to the concrete wall; clean-up of the bicycle path behind the site and providing direct access to the bicycle path.
Public Comment:
Andrea Melville, Leo Brigida and Attorney Robert Kraus spoke in opposition to the project. They commented that the project does not fit in with the character of the neighborhood, the size, scale and density are not appropriate for the site, valuable parking spaces will be eliminated, and the project will detract from their quality of life.
Marc Garrett moved for the Board to recommend approval to the Zoning Board of Appeals subject to the following conditions:
The final landscape plans shall provide the species, size, and quantity of all plantings to be installed.
The petitioner shall contact the Town of Plymouth Department of Public Works (“DPW”) about providing cleanup work within that portion of the Town rail trail that abuts this property.
If allowed by the DPW, the petitioner shall provide access for the residents of the proposed development to the Town rail trail property.
The final plans shall provide a detail that indicates a decorative face material for the proposed retaining wall.
The architecture and landscaping shall be in conformance with the materials presented with the Petition. Any changes deemed substantially different by the Building Inspector shall be presented to the Board of Appeals for approval prior to construction or installation.
Traditional wood siding material shall be used. Wood siding is more in keeping with the neighborhood. Alternatives such as “hardy plank” or other acceptable alternatives to wood may be used conditional on said materials having been presented for review by the Planning Board with final approval by the Board of Appeals in advance.
The technical requirements of the Town Engineer, Fire Department and the Town’s consulting engineer shall be addressed to the satisfaction of the Zoning Board of Appeals.
The requirements of the DPW for connection to public water and sewer shall be satisfied prior to issuance of a building permit.
All site lighting is to comply with the Light Pollution Bylaw. Light poles should not exceed twelve (12) feet in height.
If a trash receptacle is used on the site, it is to be located and screened from the public view. Mechanical equipment shall also be screened from public view.
Prior to issuance of a final Occupancy Permit for the site, all plantings shall be subject to a 2-year performance requirement after installation (which shall re-instate if replacement plantings are installed), and the Petitioner shall be responsible for any replacements needed in that 2-year time period.
Prior to issuance of an Occupancy Permit for any of the units at the site a Condominium Association shall be created and incorporate annual assessment for roadway maintenance, snow plowing, landscaping, and other areas of common interest and concern. The Condominium Association shall also provide a maintenance program for drainage facilities and appurtenances, open space, parking and common drive/emergency access areas within the property to be maintained by the condominium association, which shall be detailed in the condominium association documents for the Condominium property.
Prior to issuance of an Occupancy Permit, a Registered Landscape Architect or other qualified licensed professional must certify to the Building Inspector that the required landscaping has been properly installed in accordance with the approved site plan, the Zoning Bylaw and acceptable landscape practices.
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 according to accepted practices and in compliance with the Zoning Bylaw.
Tim Grandy, second; the vote was unanimous (4-0).
Other Business:
“Topics not reasonably anticipated by the Chair 48 hours in advance of the meeting.”
Discussion: Town Meeting Article 32 – Rezone Map 103, Lot 44, 14K-39C and 14K-40B
Tim Grandy moved for the Board to reopen the public hearing for Article 32; Malcolm MacGregor, second; the vote was unanimous (4-0).
The Board reviewed a Memorandum of Understanding (MOU) offered by the owners of Colony Place to work with the town to provide remote parking in specific locations on their property off Commerce Way during events that will be held to celebrate Plymouth’s 400th Anniversary in 2020.
Marc Garrett stated that he was not supportive as the MOU was not binding and the town does not have adequate parking for current and future demands.
Tim Grandy moved for the Board to close the public hearing, endorse the MOU and support the rezoning of Map 103, Lot 44, 14K-39C and 14K-40B from Light Industrial to Mixed Commerce; Malcolm MacGregor, second; the vote was (3-1) with Marc Garrett in opposition.
Tim Grandy moved for the Board to adjourn at 9:35 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: March 9, 2015
Administrative Assistant
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