MEMBERS PRESENT: Peter Conner, A. Wendy Longo, William Keohan, Michael Main, and Marc Betti.
MEMBERS ABSENT: David Peck and Robert Richard
Mr. Conner called the meeting to order and explained the procedures for the evening.
CASE NO. 3395 – PLYMOUTH DOB, LLC – SANDWICH STREET – continued from January 3, 2007.
Sitting: Peter Conner, Wendy Longo, William Keohan, Marc Betti, and Michael Main.
Mr. Conner recapped the previous meeting stating that the applicant had presented most of the case. The meeting would open with public comment and anyone wishing to speak who did not speak at the previous meeting would be called upon first.
Mr. Conner asked if there was anyone in the audience in opposition who did not speak last week.
Attorney Galvin asked to be recognized so he could make a presentation for the neighbors he represents.
Mr. Conner said that he wanted to let other speakers who had not spoken speak first and that Mr. Galvin would be called upon at the appropriate time.
Public comment offered in opposition.
David Berman
Dr. Walter Murphy
Joan Barlow
Sam Butterfield
Bill Fornacari
Michael Olendzenski
Virginia Davis
Attorney Glavin, spoke for the Obery Street Neighborhood Association.
Larry Rosenblum
Mike White
Public comment offered in favor.
Denis Hanks
Attorney Richard Serkey
Celeste Jones
Diane Dolaway
Debbie Ciavola
Bob Grieves
Ted Morgan
Matt Murature
Elspeth Franks
Mr. Conner alternated back and forth between opposition and favor.
Speakers repeatedly sighted parking as a concern.
Mrs. Longo said that there has been a debate between two lawyers and asked the petitioner about the title of the property and the entrances.
Mr. Montanaro said that when we first looked at this and put together the list of possible special permits that we would need, the Building Commissioner, determined that the permit for more than one building on a lot was not needed because the bylaw states one “residential building” on a lot.. This is not a residential building. The special permit request is for 205-42 which is pertinent reads “Hospitals, sanitariums, and similar institutions. “ Similar institutions” include office buildings located on land owned by, and contiguous to land owned by, a hospital or hospital affiliate as of April 6, 2002.”
Mrs. Longo said that Town Meeting changed the zone for the area of Obery Street.
Mr. Hartmann replied the Planning Board created the Obery Street Master Plan Study Committee to look at Obery Street and dealt with the issues of rezoning. Jordan Hospital came in to meet with that group to present their Master Plan. The zoning changes we saw at the last Town Meeting resulted from a Committee created by the Planning Board to enact the Master Plan adopted by the Planning Board.
Mrs. Longo said so the neighborhood could have been involved it this process.
Mr. Hartmann replied that there were members of the neighborhood on the committee and public hearings were held.
Mr. Butterfield said that the neighborhood was involved in the Town Meeting Article that amended the zoning to permit medical office buildings on the hospital property. Nobody had any issue with that and we still don’t have a problem with a medical office building.
Public comment will end at this time and the applicant will be asked to finish their presentation.
Attorney Angley referred to a written rebuttal on file in the ZBA office.
Mr. Montanaro said that the turning radius is designed for the safety of a fire truck. In regards, to the 26’ slope along Sandwich Street there is a 60’ drop that exists on Sandwich Street today we are pushing a portion of the slope but it will not be as steep as the slope that exists there today. The building placement is to reduce the amount of disturbance on the site.
Mr. Conner asked Mr. Montanaro if he had said last week that you tested 10 or 12 different building layouts and that this one was the one you felt worked the best.
Mr. Montanaro replied that it was. The ambulance route will be open at all times during construction.
Mr. Main said that he was at the site earlier today and saw two stakes one down the hill in an open field and one in the woods.
Mr. Montanaro replied that he had no knowledge of the stakes.
Mr. Keohan asked the Mr. Montanaro if he addressed the memo from the Fire Department regarding the turning radius.
Mr. Montanaro said that he had not seen the memo dated January 6, 2007 however he could say that the turning radius was designed for a ladder truck to be able to turn around.
Mr. Müller, Greenman-Pedersen, said that there would be no change to the Obery Street or Sandwich Street level of service. The changes would take place in the driveway coming out to Obery Street not on Obery Street. Signage will be used internally. This medical office building was included in all of the traffic analysis studies that were done for the original hospital expansion. As a result of that study a new driveway was constructed on Obery Street. The Obery Street driveway has resulted in a substantial decrease in traffic on Sandwich Street. The corridor study for the hospital expansion was performed along Obery Street and allowed the Town to secure a millions dollars worth of funding for improvement along Obery Street.
Mr. Keohan asked the petitioner if he knew the cost of a traffic light.
Mr. Müller replied that the traffic light alone would be about $250,000.00 and then the road would need to be widened.
Mr. Keohan asked the petitioner if the $73,500.00 for the reduction in parking spaces could be used for improvements on Obery and Sandwich Streets.
Attorney Angley replied that the money was only based on the reduction in the number of parking spaces. If the parking spaces are reduced that money would be used for improvements. The money is only for reduced parking.
Dr. Johnson said that he had tried to set meetings with Mr. Butterfield on at least two different occasions and he refused.
Attorney Angley said that this is a hospital campus and doctor’s office buildings are allowed by special permit. Jordan Hospital spent $500,000.00 in mitigation to put in the Obery Street driveway. Landscaping will be enhanced.
Mr. Conner asked Attorney Angley to review the parking one more time as he made a note that Mr. Butterfield said the neighbors don’t think that the parking should be reduced. The Planning Board had suggested an additional reduction and that is how the mitigation came into play. I would like to hear the real thoughts on the parking. I think of all the years that we had inadequate parking. I would hate to see an office building put up with reduced parking because we wanted a little more buffer and then find out that we should have done what the engineers designed.
Attorney Angley said the Planning Board wanted it and I agreed but I think the parking is needed and that I did not make a good choice. My client believes we need the 180 spaces. This is a 15,000 square foot footprint, three stories and one of those stories is buried in the ground. This building is 9’ lower than the hospital.
Mrs. Longo asked the petitioner to work with the abutters regarding the landscape buffer.
Attorney Angley said that they would.
Mr. Keohan said that he understands the County is putting a conservation restriction on the land.
Hearing closed.
VOTE:
Mrs. Longo said I am very aware that this is a sensitive issue. Obery Street and what is happening over there is more than just the hospitals responsibility. Conditioned properly I do not have a problem with this.
Mr. Main said that the Board spends a great deal of time looking into the merits of the cases before us. The Board of Appeals does not rubber stamp anything. Mrs. Longo tells every new member on this Board a story about the letter of the law and the spirit of the law. We have to put blinders on when it comes to the emotions of an issue this big.
Mr. Betti said when I listened to the speaker’s one after another say that they support the hospital expansion but not this project. I believe something went wrong it the process before this came to the Town boards.
Mr. Keohan said we can’t have blinders on when an issue affects the community. The process didn’t take place in the neighborhood. A Master Plan should be done in the area so we can have insight on what this area will look like in the future. The hospital should have met with the neighborhood. A peer review should be set up for this area.
Mrs. Longo asked Mr. Keohan who he would like to set the review up with.
Mr. Conner said we did have a review several months ago on the traffic.
Mr. Keohan said that an independent expert should review the Master Plan for the hospital.
Mrs. Longo said that is not what this Board is supposed to be doing.
Mr. Hartmann said if you denied this project because of some master planning issue then appeared before a judge trying to explain that there are some other things that may or may not happen on the site and based on that the Board denied the petition. That is where I draw the line because there is a proposal before the Board to construct a 45,000 square foot building. I don’t think that I would want to be before a judge trying to explain to him why I said no because the hospital may or may not choose to do something.
Mr. Keohan said that to expand the hospital for this for profit service is an oversight. If this was a non-profit building it would be different.
Mr. Main asked Mr. Manfredi if there was anything in the bylaw that would prevent for profit structures to be on that property.
Mr. Manfredi replied that there was not.
Mr. Conner said that months ago Ms. Fitzgibbons called me and said I know this is probably going to be an issue can we appropriate some money for a peer review for the traffic. I take exception to all of the comments that came from the audience that the hospital didn’t include me what they wanted to do. I certainly hope that none of us believes that the hospital operated in a vacuum. We received several reports from Boards and Committees and most are positive. I have concerns about reducing the parking and would like to leave it at 180 spaces. I understand that if the parking gets reduced they will pay money to mitigate.
Mr. Keohan said we receive information at a certain time and we have very limited opportunity to bring that to anyone’s attention to now.
Mr. Conner said that he is satisfied that the traffic report from Greenman- Pedersen because Mr. Müller is before us a lot and he has always been straight with us. When he says something works, it does. We also had an independent review.
Mr. Keohan said I guess I was trying to find a way accommodate the people that are here tonight and try to find a way to facilitate the hospital working with the neighborhood.
Mrs. Longo said we can’t force them to do that we have reports from the departments and most are favorable.
Mrs. Longo made a motion to approve Case No. 3395 with conditions.
Mr. Main seconded.
A discussion ensued regarding the conditions to be imposed.
Granted 4-1 Mr. Keohan opposed.
No further business came before the Board.
Respectfully submitted,
Peggy Fitzgibbons
Administrative Assistant
Approved 1/25/07
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