Planning Board Meeting
January 10, 2005
Minutes
These minutes are not verbatim – they are the secretary’s interpretation of what took place at the meeting. – Open Meeting Law – Section III.
Board Members: Loring Tripp, III, Nicholas Filla, Larry Rosenblum, Malcolm MacGregor, and Paul McAlduff.
Planning Board Alternate: William Keohan
Staff Members: Lee Hartmann and Valerie Massard
Recording Secretary: Eileen Hawthorne
Public Hearing (cont.)
B515 - Nestle Down
Manomet Point Road
The applicant requested a continuation of this public hearing in order for staff to review information that was provided.
Larry Rosenblum moved to continue this public hearing to January 24, 2005 at 8:45 p.m.; the vote was unanimous.
BOA 3272 – Heidi Marie Robinson
Elm Street
Special Permit side setback requirements
Valerie Massard presented the application for a special permit to waive the side setback requirements in order to construct a six foot covered wrap around deck.
Paul McAlduff moved to recommend approval to the Zoning Board of Appeals subject to the following condition:
The porch shall not be modified for year-round use or enclosure as living space without further Board of Appeals approval.
The vote was unanimous (5-0).
BOA 3273 – Patrick Murphy
Elm Street
Special Permit front setback requirements
Valerie Massard presented the application for a special permit to waive the front setback requirements in order to expand an existing porch by three feet.
Paul McAlduff moved to recommend approval to the Zoning Board of Appeals subject to the following condition:
The porch shall not be modified for year-round use or enclosure as living space without further Board of Appeals approval.
The vote was unanimous (5-0).
Update Ponds at Plymouth
Valerie Massard informed the Board that a public hearing has been scheduled for January 24, 2005 at 7:45 p.m. to discuss the recreation fields. Pulte Homes has requested a bond reduction for the work in the subdivision that has been completed such as the brush removal, installation of signs and removal of the island at the Lunn’s Way/Long Pond Road intersection.
There are some streetlights and signs that remain to be installed.
Loring Tripp, III questioned whether the Town will be responsible for the electricity for the streetlights and the road maintenance. Mr. Tripp suggested that Pulte should maintain the streetlights until the Town has accepted the roads. Mr. Tripp also questioned whether the open space issues have been addressed.
Ms. Massard stated that is an issue that will needs to be discussed. There have been three different developers during different phases of the development and that Pulte, the developer for the last few phases will be fixing the older roads and continuing the road construction. Ms. Massard stated that the open space lots are owned by LeBlanc Homes, not Pulte, but that she is working to resolve the issues.
Nick Filla informed the Board that he has been working on a revision for Section 205-28, Planned Unit Development (PUD) section of the Zoning Bylaw. Mr. Filla suggested that the retirement mobile home PUD be revised to allow for any type of age restricted housing and to allow for density increases through the TDR bylaw. These changes would give the developer more flexibility.
Valerie Massard informed the Board of the increase in advertising fees by MPG. The fees will be raised from $90.00 to $100.00 and be effective March 1, 2005.
Public Hearings:
Amend Subdivision Rules and Regs: Water Consultant Fees
Loring Tripp, III read the public hearing notices and opened the public hearings.
Valerie Massard suggested amending the Subdivision Rules and Regulations by adding consultant fees and deposits for water main inspections at the rate of $1.00 per lineal foot of public water main, with a minimum of $1000 for residential and $5000 for commercial.
Nicholas Filla moved to close the public hearing and to amend the Subdivision Rules and Regulations to allow for consultant fees of $2.00 per lineal foot for public water main with a minimum of $1000 for residential and $5000 for commercial and increasing the consultant fees for roadway inspections to $3.00 per lineal foot, with a $2000 minimum; the vote was unanimous (5-0).
Amend Subdivision Rules and Regs: Plan Submission Requirements
Valerie Massard reviewed the proposed changes to the plan submission requirements of the Subdivision Rules and Regulations as follows:
Section 106 Approval Not Require Plans. Six 11”x17” copies of plan and Form A in triplicate rather than duplicate. See appendix for minimum requirements.
Section 206 Preliminary Plan Procedure. Four Form B applications.
Section 207 Preliminary Plan Components. Designer stamp preferred; Location of trees larger than sixteen (16) inch in breast height diameter (dbh) rather than 6-inch dbh. Numbered sheets.
Section 210 Definitive Plan Procedure. Four Form C applications and three sets of mailing labels or pre-addressed envelopes for notice to abutters with certified abutters list from Assessor’s office. Three sets of drainage design analysis and two copies of written notification of waiver requests.
Section 214 Approval or Disapproval. Last sentence of first paragraph to read as follows in order to have copies of endorsed plans and mylars rather than tracing cloth: The applicant shall then at the applicant’s expense furnish the Board with four (4) sets of full size copies of all endorsed drawings comprising the definitive plan and with one complete set of reproducible plans on mylar (Single Mat Mylar (4 Mil)).
Section 217 Title Block. Sheet numbering.
Section 219 Lot Layout Plan. Location of trees larger than sixteen (16) inch in breast height diameter (dbh) rather than 6-inch dbh.
Section 221 Street Layout Plans. As-built conditions: All changes to the original approved definitive plans with respect to the information required in this Section shall be clearly denoted on a separate sheet within the plans, using either broken lines or a different color to reflect the changes to the originally approved plans.
Section 222 Conservation of Resources. For clarification purposes, re-state residential development criteria as part of final plan submission to read same as Section 210.
Appendices. Form A, Form B and Form C applications. Include application for Modification of Definitive Plan.
Nicholas Filla suggested changing the width of the trees to be flagged under Sections 207 and 219 to 8 inches instead of sixteen inches and to provide a sketch or photograph of existing trees.
Valerie Massard questioned whether “tracing cloth” could be removed from Section 214.
Loring Tripp, III stated that was acceptable.
Larry Rosenblum moved to close the public hearing; the vote was unanimous (5-0).
Larry Rosenblum moved to approve the above-mentioned changes to the Subdivision Rules and Regulations; the vote was unanimous (5-0)
Create Planning Board Rules and Regs: Special Permit Application Forms
Loring Tripp, III read the public hearing notice and opened the public hearing.
Valerie Massard reviewed the proposed application forms for Special Permits.
Malcolm MacGregor moved to close the public hearing; the vote was unanimous (5-0).
Paul McAlduff moved to approve the Special Permit application forms; the vote was unanimous (5-0).
Public Hearing (cont.)
B517 – Great South Pond Place
Boot Pond Road
William Keohan, Planning Board Alternate joined the public hearing.
Don Bracken, Bracken Engineering, presented the revised the plans for a four lot subdivision. A 40-ft wide road layout has been defined, lot frontage has been reconfigured, and a separate open space lot has been created.
Valerie Massard stated that the petitioner has addressed all the issues raised at previous meetings with the exception of the request for residential sprinklers.
Atty. Robert Betters stated that he has met with the Fire Chief who still would like residential sprinkler systems installed, but that there is nothing specific in the Subdivision Rules and Regulations that addresses sprinkler systems. Atty. Betters requested that they not be included in this petition, but that if the Board felt it necessary to make the installation of sprinklers a condition, that the condition not be imposed on the existing house.
Lee Hartmann stated that the Board could require sprinkler systems to be installed through waivers and the negotiation of Special Permits.
Nicholas Filla moved to close the public hearing; the vote was unanimous (5-0).
Loring Tripp, III read the public hearing notice for the RDD Special Permit and opened the public hearing.
Nicholas Filla moved to close the public hearing; the vote was unanimous (5-0).
Nicholas Filla moved to approve the waivers as requested with the inclusion of the installation of sprinkler systems for the three new houses; the vote was unanimous (5-0).
Malcolm MacGregor moved to approve the definitive subdivision plan subject to the following reasons and conditions:
The objectives of the RDD zone are to (a) minimize Town service responsibilities for streets and utilities, (b) encourage flexibility in the design of developments through a carefully controlled process of negotiation of particular plans, and (c) permanently preserve natural areas and provide useable open space and recreation facilities for the community. This development includes no new roadways, which will have minimal disruption to the natural vegetation and topography, and drainage swales to promote infiltration of stormwater. The homes will be located within the building envelopes as described in the Protective Covenants and Restrictions proposed by PETITIONER/APPLICANT, and open space of approximately 8.5 acres will be permanently protected.
The proposed RDD plan is superior in design and land use to a conventional subdivision. The proposed plan is superior to a standard subdivision, which is shown as potentially creating four (4) buildable lots with no open space or trails. The open space requirements under the RDD Bylaw are exceeded with regards to minimum land area. The open space within the PETITIONER/APPLICANT Land, which includes the environmentally sensitive habitat area mapped by Mass Natural Heritage, will be permanently restricted through Protective Covenants and Restrictions imposed by PETITIONER/APPLICANT limiting the use of such open space to conservation and recreational walking trails with an allowance for maintenance and permitted recreational uses, which will help to protect the reservoir.
The proposal meets the criteria in the Intent clause of the zone and is an appropriate location for the subdivision. The intent of the RDD zone is to permit residential development that is consistent with the Town’s Village Centers Plan to provide for meaningful open space, and to minimize Town service responsibilities in rural areas. Varying lot widths with alternating building setbacks are encouraged. It is also the intent of the RDD to promote development that is in harmony with the topographical, vegetative, archeological, and historic character of the land.
Adequate and appropriate facilities will be provided for the proper operation of the use. The means of ingress and egress to the site will remain unchanged, there will be no adverse impact relative to drainage runoff or structures, and when the subdivision is completed, all necessary facilities will be provided. The total volume of anticipated vehicles (existing and proposed) will not be greater than the capacity of the public ways in the area.
There will be no hazard to pedestrians or vehicles and adequate facilities will be in place to serve the proposed development. The total volume of anticipated vehicles (existing and proposed) will not be greater than the capacity of the public ways in the area.
There will be no nuisance or adverse effect upon the neighborhood and there is substantial natural vegetation that will remain on the site, which will serve to buffer the subdivision from existing dwellings.
The PETITIONER/APPLICANT agrees to the endorsement of the Plan and profiles within 120 days from the date of approval, or in the case of an appeal, endorsement of the plans and profiles within 120 days of the settlement of an appeal.
Conditional upon the provisions of a performance guarantee in the form of a covenant duly executed and approved, to be noted on the plans and recorded with the Plymouth County Registry of Deeds. Said form of guarantee may be varied from time to time by the PETITIONER/APPLICANT with mutual agreement on the content of said guarantee by the PETITIONER/APPLICANT and Planning Board without amendment or modification of this approval.
The PETITIONER/APPLICANT agrees to complete all ways and the installation of all municipal services in accordance with the applicable rules and regulations of the Board within two years from the date of endorsement. Upon a finding by the Planning Board that the construction of all ways and the installation of all municipal services has not been completed with two years the approval of the plan shall be automatically rescinded.
The PETITIONER/APPLICANT agrees that he or she will guarantee to protect, repair, replace, and where necessary, and upon written acceptance by the Planning Board, redesign the works constructed and submit revised plans and profiles for the Planning Board's approval and for recording at the Plymouth County registry of Deeds so that said works actually carry out the purposes for which they were intended. Said repair, replacement, or redesign will be based upon experience in the field, which demonstrates the existing construction and/or design to have been improperly installed or wholly inadequate.
The vote was unanimous (5-0).
Paul McAlduff moved to approve the RDD Special Permit and Waivers subject to the following conditions:
The PETITIONER/APPLICANT has agreed to waive its right to any further residential development of the premises that results in a more intense or dense use, regardless of any local, state or federal criteria to the contrary, pursuant to the provisions of Massachusetts General Laws, Chapters 40A and 41, and this shall be noted on the plan, as well as incorporated into the Protective Covenants and Restrictions or Deed Restrictions imposed by the PETITIONER/APPLICANT on the lots within the RDD development, prior to issuance of a Building Permit.
PETITIONER/APPLICANT has agreed to include within the Protective Covenants and Restrictions provisions on the open space lots or areas within the RDD subdivision, in a form acceptable to Town Counsel. Said provisions shall limit the uses of said open space for conservation and recreation, with an allowance for maintenance and permitted recreational uses subject to plans approved by the Planning Board, or its appointed representative(s). The use of the designated open space is for walking trails, footpaths, and conservation, with an allowance for drainage as shown on the plans, and for access and utilities to the building envelopes. Portions of the residential building lots shown on the plan will contain single-family residences as shown on the plans, with allowance for relocation of the building envelopes for
the residences provided that the amount of open space within those lots is not diminished.
The Protective Covenants Restrictions and/or Deed Restriction on the lots as described in Condition No. 2 (above) shall include:
Tree cutting on any Lot will be limited to the building envelopes. The only other tree cutting allowed would be to remove hazardous or dead trees.
The Protective Covenants and Restrictions also reflect that any violation shall result in a fine of $100.00 per day for the first thirty (30) days, and $200.00 per day thereafter, and provide that the Protective Covenants and Restrictions shall be in place for as long as allowed under Massachusetts law.
The PETITIONER/APPLICANT agrees to record a covenant detailing the creation of a homeowner's trust, and to provide by way of easement, deed or through a separate covenant the grant of any such land to the homeowner’s trust or the imposition of easements or rights for the benefit of the homeowner’s trust with respect to drainage facilities and appurtenances, drainage lots, fire tanks, pipes and pump stations, common driveways or open space and roadway/emergency access areas to be maintained by the homeowner’s trust in a form acceptable to Town Counsel. Said covenant shall be in place prior to the issuance of Building Permits.
The PETITIONER/APPLICANT agrees to provide a maintenance program for stormwater facilities at the road, drainage lots, open space, driveway or roadway areas to be maintained by the homeowner’s association on said Plan or revised plan detailed as an exhibit to the homeowner’s trust documents referenced above. Said maintenance plans shall include the recommendations in items number (1) and (4) in the Town Engineer’s memorandum dated January 10, 2005.
Prior to the issuance of a Building Permit:
Evidence that (1) the Protective Covenants and Restrictions or Deed Restriction(s) per Conditions above to be imposed by PETITIONER/APPLICANT on the subject property, approved as to form by Town Counsel; and (2) this Special Permit Decision have been recorded with the Plymouth County Registry of Deeds shall be provided to the Planning Board.
Four (4) sets of full size copies of all drawings comprising the RDD Definitive plan with one complete set of reproducible plans (mylars) will be delivered to the Planning Board and one (1) electronic copy of the plans shall be delivered in a format acceptable to the Town Engineer.
Conditional upon the payment of the back taxes, interest and fees owed to the Town for this property, if any.
All no-cut and open space areas in the vicinity of any construction on the site will be staked off to the satisfaction of the Planning Board, and shall remain staked off until such time as a Certificate of Occupancy is issued.
The plans and drainage designs will be revised subject to final approval by the Planning Board prior to endorsement of the plans. Said revisions shall include the following:
Detail for permanent address markers, all sidewalks and streetlights shall be shown on the plans. Signage and address marker locations to address the concerns of the Fire Chief in his September 17, 2004 memorandum.
The plans will be revised to remove “Burgess Road” and replace the road name with “Fuller Farm Road” throughout.
Plans to reflect the turnaround areas for fire apparatus clearly on the plans; and to show adequate pull-outs and grading on the existing drive to eliminate drainage issues noted at the first turn in the drive; to the satisfaction of the Planning Board.
The plans will be revised to detail the Conditions of this approval, as necessary.
The Department of Public Works shall approve repair details for the intersection improvements constructed by the PETITIONER/APPLICANT at Boot Pond Road, including repair of any damaged monuments or benchmarks as noted on the plans, and these details shall be shown on the plan.
Town Counsel will approve the language submitted in the Homeowners Trust document submitted by the PETITIONER/APPLICANT.
The Department of Public Works shall approve that all repair details for any intersection improvements constructed by the PETITIONER/APPLICANT at Boot Pond Road, including repair of any damaged monuments or benchmarks as noted on the plans, is complete according to the plans prior to the first lot release.
Prior to issuance of a Certificate of Occupancy unencumbered easements for maintenance and title to all fire alarm conduits, if any, constructed and installed in the subject property shall be conveyed to the Town.
Prior to issuance of a Certificate of Occupancy, streetlights will be installed on each individual building lot within 30 feet of the access drive.
Granting of Waivers:
After finding that the requested waivers for roadway construction are found to be in the best interest of the Town and appropriate for this site, the Planning Board GRANTS the requested waivers from the Subdivision Rules and Regulations listed in Appendix A (attached hereto), subject to the following conditions. The waivers will minimize the Town’s responsibility for the maintenance of new roads. The tradeoffs to the Town in return for the waivers requested from the Town of Plymouth’s Subdivision Rules and Regulations (the “Rules and Regulations”) under this decision include preserved open space and private ways. The requested waivers will allow for the project to be developed in a more environmentally sensitive manner, as intended under the RDD section of the Bylaw, to which the development is also
subject via the Special Permit being granted for this project.
Conditions of Granting of the waivers:
The applicant agrees to install residential sprinkler systems within the three (3) new residential dwellings prior to issuance of a Certificate of Occupancy, but a sprinkler system shall not be required for the existing dwelling.
The applicant agrees to waive his or her right to further subdivide the lots shown as Lot 57B (future Lots 57C, 57D, 57E, 57F and 57G) as shown on Town of Plymouth Assessor’s Map 87, pursuant to the provisions of Massachusetts General Laws, Chapter 41 through a deed restriction on the parcels, and this shall be noted on the plan. The term "subdivided" shall include the process of division of the lots into parcels by means of a plan not requiring approval under the subdivision control law. Notwithstanding this provision, the Planning Board may endorse the relocation of any lot lines when consistent with the intent and purpose of this restriction. Said restriction shall be in place prior to the issuance of Building Permits.
The PETITIONER/APPLICANT has agreed to waive its right to any further residential development of the premises that results in a more intense or dense use, regardless of any local, state or federal criteria to the contrary, pursuant to the provisions of Massachusetts General Laws, Chapters 40A and 41, and this shall be noted on the plan, as well as incorporated into the Protective Covenants and Restrictions or Deed Restrictions imposed by the PETITIONER/APPLICANT on the lots within the RDD development.
The PETITIONER/APPLICANT is proposing roads with waivers from the standards of the subdivision Rules and Regulations, and should not expect that the roads will be accepted as public ways in the future in their current condition. This will be noted on the subdivision plans and on the individual deeds.
The PETITIONER/APPLICANT agrees that there is to be no construction of two-family or duplex residences, regardless of lot area and related zoning criteria, through a deed restriction on the parcels or other manner acceptable to Town Counsel.
If substantial use or construction permitted by this Special Permit has not commenced within two (2) years from the date on which a copy of this decision is filed with the Town Clerk, excluding the amount of time required for the appeal period to expire and the amount of time required to pursue and await the determination of any such appeal, then this Special Permit shall expire, except insofar as the foregoing statement is modified by Chapter 195 of the Acts of 1984.
Any person aggrieved by this Special Permit decision of the Planning Board has the right to appeal said decisions to a Court of competent jurisdiction pursuant to Massachusetts General Laws, Chapter 40A, Section 17, by filing such an appeal within twenty (20) days after the date on which the decisions were filed with the Town Clerk.
Any person aggrieved by this Definitive Subdivision decision of the Planning Board has the right to appeal said decision to the Superior Court, the Land Court, or the District Court of the Commonwealth of Massachusetts by filing such an appeal within twenty (20) days after the date on which the decision was filed with the Town Clerk.
The Planning Board should be notified immediately of any appeal to the Superior Court, the Land Court, or the District Court of the Commonwealth of Massachusetts or any other Court of competent jurisdiction of these decisions made within the statutory twenty (20) day appeal period. If no appeal of the Definitive Subdivision is filed with your office, the Planning Board should be notified at the end of the twenty (20) day appeal period in order that the plans and profiles may be endorsed.
These decisions shall not take effect until (a) copy of these decisions certified by the Town Clerk to the effect that twenty (20) days have elapsed since the decisions were filed in the Office of the Town Clerk without any appeal having been filed or that any appeal filed has been dismissed or denied has been recorded in the Plymouth Court of Plymouth County, and (b) a certified copy indicating such Registry recording has been filed with the Planning Board.
The vote was (5-0) with William Keohan voting and Malcolm MacGregor in abstention.
BOA 3267 – Jeannine Anderson Realty Trust
Hedges Pond Road
Special Permit to expand gravel removal
Greg Keelan, Vice President of P. A. Landers, presented the request for a modification of a Special Permit for gravel removal in order to expand existing bogs and to construct a bog-related building. The original special permit was for the removal of 533,349 cubic yards of gravel.
Valerie Massard requested an estimate of the cubic yards of gravel to be removed.
Mr. Keelan stated that it would be approximately 300,000 cubic yards.
Valerie Massard was concerned with flattening an area for the shed when other locations on the property would not affect the slopes. Ms. Massard asked that the Board consider placing a restriction on the construction of single family homes on this site in the future.
Mr. Keelan stated that the location for the shed was picked so they would be able to expand other areas for potential farming land and that they had not considered placing a restriction on constructing single family homes.
The Board had some concerns with the removal of gravel to construct the shed, maintaining adequate slopes, the potential road damage from additional gravel removal.
Atty. Edward Angley informed the Board that the applicant has to meet with Town Counsel regarding the process for funds for road maintenance and mitigations.
The Board did not support the additional gravel removal.
Larry Rosenblum was concerned with the incremental nature of the process and suggested that the applicant should define the potential phases of the removal.
Nicholas Filla suggested that it would be appropriate to come up with a sketched plan for the entire area; a master plan for the broad perspective. Loring Tripp, III agreed.
Paul McAlduff asked that staff contact Mr. Crombie to move forward with the gravel removal fees.
Nicholas Filla moved to recommend denial to the Zoning Board of Appeals and then withdrew his motion.
Atty. Angley stated he would contact the Board of Appeals to have their hearing moved back in order to give the applicant time to address the Board’s concerns.
Nicholas Filla moved to continue the hearing to the first week in February 7, 2005; the vote was unanimous (5-0).
BOA 3271 – Martha-Jean and H. Douglas Cluck
Willoughby Lane/Gurnet
Special Permit for Access
Atty. Richard Serkey presented the petition for a Special Permit to rebuild a non-conforming structure originally destroyed by fire. The lot is on the Gurnet. There are remnants of the foundation and cesspool on the site. The Courts have delayed the rebuilding of the property, in an effort to settle an inheritance case.
Russell Stefani, Flaherty and Stefani, Inc., stated that the petition would be presented to the Conservation Commission if the Zoning Board of Appeals grants the petition. Mr. Stefani stated that the footprint of the house would be relocated to allow for the installation of a septic tank.
Nicholas Filla moved to recommend approval to the Zoning Board of Appeals; the vote was unanimous (5-0).
Malcolm MacGregor moved to adjourn at 9:10 p.m.; the vote was unanimous (5-0).
Respectfully Submitted,
Eileen M. Hawthorne
Administrative Assistant Approved on:________________
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