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Planning Board Meeting
April 11, 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
Form A's:
A4141 - Lot line adjustment between Lots 10-295 and 10-407 on Map 77C to create Lots 10-406 (.34A) and10-407 (.65A)
Paul McAlduff moved for the clerk to sign the plan; the vote was unanimous (5-0).
A4142 - Subdivide Lots 21C, 22-32 and 22-33A on Map 102 into Lots 21E (.47A), 21F (.77A), 22-38A (4.28A) and 22-39A (.65A)
Paul McAlduff moved for the clerk to sign the plan; the vote was unanimous (5-0).
Public Hearing (cont.)
Bridge Gate/Pinehills LLC
John Judge, Pinehills LLC, presented the topographical plan for Bridge Gate that the Board had requested.
Larry Rosenblum moved to close the public hearing; the vote was unanimous (5-0).
Malcolm MacGregor moved to approve the modified subdivision plan for Bridge Gate; the vote was unanimous (5-0).
Administrative Business:
Hawley Avenue
Valerie Massard presented the Town Engineer approved drainage design, which is similar to the road improvements that were originally approved by the Planning Board, showing the substantial removal of vegetation and trees. The Planning Board requested that the Town Engineer again revisit a less invasive drainage plan. Ms. Massard was directed to follow up with the Town Engineer and applicant.
Public Hearing (cont.)
Zoning Change Sawmill Development
Nicholas Filla recused himself from the public hearing.
John Joseph, President, Shallow Pond HomeownerValerie Massard informed the Board that the Zoning Board of Appeals would be meeting on the Sawmill Development, Chapter 40B application on Wednesday, April 13, 2005. Ms. Massard has met with the petitioner and discussed three possible options for the site: the 260 units (130 duplex buildings), 80 housing units as single family dwellings with 10 percent affordable housing, or the rezoning of the lot.
Atty. Theodore Bosen, representing Indian Brook Cranberry Company, stated that his client owns 30 acres abutting this site and if this rezoning passes, he would petition to rezone his property. Atty. BosenThe Board had some concerns with the petition to rezone and the density of the proposed Chapter 40B.
Paul McAlduff moved to close the public hearing; the vote was (4-0) with Nicholas Filla in abstention.
Malcolm MacGregor moved for the Board to recommend denial of the petition to Town Meeting; the vote was (4-0) with Nicholas Filla in abstention.
BOA 3284
Sawmill Development Corporation/Village at Sawmill Woods
Valerie Massard reminded the Board that staff has met with the petitioners and discussed several options for the property shown on AssessorThe following are unresolved issues:
Is the petitioner filing under subdivision control jointly with the application under MGL Chapter 40B (and requesting waivers from subdivision standards with the Board of Appeals as the approving agency under subdivision control), or is the filing ONLY for a condominium-style development without construction of a road under MGL Chapter 40B. The petition must be clarified in order to properly review, recommend and condition the proposed project. This issue speaks to road ownership, road construction design standards and waivers, and maintenance, for example.
The method of achieving 10% affordable with 80 units needs to be determined.
The plans are missing several sheets, have been revised without revision dates, do not reflect current information in certain instances, and do not conform to application standards for the Town of Plymouth Board of Appeals (please see Table I and enclosed advisory reports).
The plans have been submitted with the same design as submitted in 1992 for 80 single-family homes, but under advisory reports the proposed footprints for the 260-unit density will require significant grading, altering the drainage design and possibly the road grades significantly. The locations of the proposed dwellings at the 260-unit density are not shown on the plans.
The traffic mitigation measures proposed by the petitioner do not appear to adequately address Project-related traffic impacts (please see advisory reports). This will need to be addressed in any conditions of approval.
No comment has been received from the Board of Health, and no information from the petitioner with respect to any Department of Environmental Protection (DEP) requirements has been submitted, with regards to the design/permitting of the wastewater treatment plant. The location of the proposed wastewater treatment plant should be clearly noted on the plans and the specifications should not be included in a subdivision filing if the Petitioner intends to file under subdivision control. Comment from DEP and the Health Department should be reviewed prior to action on the petition.
The Petitioner has not provided to the Board information to demonstrate the extent to which the inability to obtain the requested waivers will render the Project uneconomic.
A financial review of the pro forma is recommended prior to making a determination on the requested waivers and exemptions. In evaluating this Project, the Board should seek to determine a "window of profitability" within which the allowable net income before taxes of the Project should fall. The Board should consider that this window define a minimum point at which a project would be considered uneconomic and a maximum point at which the Petitioner's profit would be significantly in excess of the profit normally to be expected.
Public water is proposed; however, adequate pressure and supply must be demonstrated. Comment from the Water Department regarding the petitionerThe Petitioner, Sawmill Development Corporation, is a Massachusetts corporation organized under Massachusetts General Laws (MGL) Chapter 156B, but must meet the requirement of being a limited dividend corporation within the meaning of MGL, Chapter 40B.
According to the State Site Approval letter, at least four (4) phases of construction should be provided limit the number of units built on an annual basis. No phasing for the 260 units is depicted in the petition.
According to the State Site Approval letter, stormwater management, groundwater quality, preservation of open space, certification of potential vernal pools should be addressed at Public Hearing in response to Town concerns.
The Petitioner has stated a clear expectation that the roads would become public; however, any waivers under subdivision control would affect the capacity of the Town to consider acceptance. The construction of a road to become public would likely have to be constructed under subdivision approval, and as previously stated it is unclear if the Petitioner is filing under subdivision control at this time.
The Board and the abutters were concerned with the negative impact a 260-unit project would have on the environment and Shallow Pond. They were also concerned with increased traffic, public safety, and drainage and wastewater issues,
Malcolm MacGregor moved to recommend denial of the Chapter 40B application to the Zoning Board of Appeals based on an incomplete application; the vote was unanimous (4-0) with Nicholas Filla in abstention.
BOA 3285
Big East Gymnastics - Camelot Drive (BOA 4/27)
Mark Bowley, owner of Big East Gymnastics, presented an application to relocate an existing business to Camelot Drive. The relocation requires a special permit for a recreational use. The business would be located in one of four commercial buildings on lots 24-3 and 13-16 on Map 83. Mr. Bowley stated that ample parking is available on site.
Nicholas Filla moved to recommend approval to the Zoning Board of Appeals; the vote was unanimous (5-0).
Site Plan Review
Industrial Park Road
Valerie Massard informed the Board that Form A 4142, which the Board approved earlier is the site for this review.
Bill Shaw, Associated Engineers, Inc., presented the site plan review for two-7,400 sq. ft. office buildings with fifty parking spaces on Map 102, Lots 21C, 22-30A, 22-32, and 22-33A. The lots have been for sale for an extended period of time due to wetlands issues. This project has been designed to maintain a minimum buffer of 100 ft from the wetlands to the parking areas and the buildings. The owners will occupy one building and will be filing with the Conservation Commission for access roads to the rear of the property. The structures would be serviced by Town water and sewer. Mr. Shaw also presented architectural drawings of the proposed buildings.
The Board approved of the architectural drawings and the shared parking and found that the entire lot and all structures are planned and designed as a unified complex per Section 205-17D (2), which allows for minimum required parking to be reduced by 30%.
Malcolm MacGregor moved to recommend approval of the site plan to the Building Commissioner; the vote was unanimous (5-0).
Public Hearings (cont.)
B526 - Fotiades, Alpine Road and Black Cat Estates
Malcolm MacGregor moved to continue the Public Hearings for Alpine Road and Black Cat Estates at the applicant
BOA 3286
Krukiel - South Green Street (BOA 4/27)
Valerie Massard presented the application for a special permit for a waiver of off street parking requirements and a variance of lot size in order to convert a single family dwelling into a two family dwelling. The proposed parking spaces are only 9 feet from Pleasant Street, which does not meet the 20-foot requirement and the driveway cut is too close to the corner. The bedroom count will remain at the existing four bedrooms. The building was previously used as residential/commercial and as a two family.
Peter Krukiel stated that he would like to make it a legal two family.
The Board was supportive of preserving the historic character of the building and the restoration of the property. They requested a detailed landscaping plan be submitted.
Malcolm MacGregor requested that the applicant install a buffer along the sidewalk to screen the parking areas.
Nicholas Filla moved to recommend approval to the Zoning Board of Appeals with the condition of the applicant submitting a detailed landscaping plan and limiting the structure to a three bedroom unit and a two bedroom unit; the vote was (1-4) with Nicholas Filla in favor.
Malcolm MacGregor moved to recommend approval to the Zoning Board of Appeals subject to the following conditions:
The total number of bedrooms for the lot is limited to four (4), unless this special permit is modified in the future to allow for more bedrooms.
The petitioner shall return to the Planning Board for review, with an accurate depiction of the parking design with respect to the zoning bylaw and with a landscaping plan for the site, subject to final approval of the Board of Appeals, prior to issuance of a building permit.
The vote was unanimous (5-0).
Public Hearing (cont.)
B521 - Twilight Hills RDD/TDR (B461 Mod.)
William Keohan, Planning Board Alternate, joined the Board for the public hearing as Nicholas Filla was not present for the beginning of the public hearing.
Atty. Robert Betters informed the Board that the applicant has met with residents as requested.
Wayne DelPico, Pacor, Inc, reviewed the outstanding issues for the Camp Child Settlement Subdivision for the Board. The applicant has repaired the bath house, agreed to install two sections of guardrail around the drainage area, install a sign for cleared for access to the beach. He also stated that the residents wanted sand brought in for the beach, but that the Conservation Commission would not support that effort.
The abutters were concerned that the value of the land has not been completely reviewed, that the lots with frontage on Ship Pond Road should not be subdivided, and where the construction vehicles would access the site. They requested that the applicant install three way stop signs at the intersections from the start of Ship Pond Road to Old Sandwich Road and restore BudAtty. Betters agreed that the developer could contribute additional funds to the Town for the installation of the requested stop signs, but the location of the signs would be up to the DPW.
Loring Tripp suggested that the applicant consider utilizing the TDR for the six lots off Bayden Path, but abandon the plans for developing the lots with frontage on Ship Pond Road and accept TDR certificates for the three lots instead. Mr. Tripp suggested that the Beaver Dam Ridge project may be able to absorb the three certificates.
Atty. Betters reminded the Board that there were three separate petitions before the board; the RDD for Mountain Hill Road; the TDR for six lots off Bayden Path; and the TDR for the three lots on Ship Pond Road. The developer is not willing to compromise on the petitions as these plans were a result of several reviews by the Board.
Nicholas Filla stated that the Board always considers the abutters input during the public hearings.
Lee Hartmann suggested that the Board add a condition that the last two lots will be released contingent upon the conveyance of the HomeownerMalcolm MacGregor moved to close the public hearing; the vote was unanimous (5-0).
Malcolm MacGregor moved to approve the modification of the RDD Special Permit for B461, Camp Child Settlement and Granting of the Special Permit Transfer of Development Rights for the six lots off Bayden Path subject to the following conditions:
Conditional upon the final disposition of the land dispute regarding ownership of land shown as Town of Plymouth AssessorThe TDR SENDING PARCELS (Portion of Map 60, Lot 6 and all of Map 64 Lot 16 off Mountain Hill Road) shall be subject to restrictions imposed both in the Transfer of Development Rights document and the Restrictive Covenant to be executed by the Owners of the SENDING PARCELS, which shall contain the provisions set forth in the Restrictive Covenant referenced below, subject to approval by Town Counsel. The Petitioners shall offer the Sending Parcels to the Town of Plymouth at no cost. In the event that the land is not accepted by the Town, the Petitioners shall offer ownership of the Sending Parcels to a land trust or similar non-profit organization acceptable to the Planning Board.
The Petitioner has agreed to waive his/her right to any further residential development of the Receiving land shown as Town of Plymouth Assessorthe Plymouth County Registry of Deeds, prior to the issuance of Building Permits.
The TDR SENDING Parcels (portion of Map 60, Lot 6 and all of Map 64 Lot 16 off Mountain Hill Road) shall be subject to restrictions imposed both in the Transfer of Development Rights document and the Restrictive Covenant to be executed by the Owner of the SENDING PARCELS, consistent with Section 205-70 which shall contain the provisions set forth in the Restrictive Covenant referenced below, subject to approval by Town Counsel. Evidence that such documents have been recorded at the Plymouth County Registry of Deeds shall be provided to the Planning Board prior to issuance of a Building Permit.
Conditional upon the payment of the back taxes, interest and fees owed to the Town for the Sending and Receiving properties. Verification of payment is to be provided to the Planning Board prior to issuance of a Building Permit.
Conditional upon staking of no-cut or buffer areas in the vicinity of proposed construction prior to issuance of a Building Permit on individual lots, to the satisfaction of the Planning Board. Said stakes to remain in place until the final Certificate of Occupancy has been issued.
If the Town determines that stop signs at the intersection location on Ship Pond Road are warranted, the petitioner agrees to provide the stop signs for installation by the Town, or will contribute the equivalent amount to the Town for other improvements to Ship Pond Road for pedestrian-related or traffic-calming improvements. Said payment to be received by the Town prior to issuance of the FINAL Certificate of Occupancy on the site. If no decision has been made by the Town with respect to the dollar amount at the time of the request for the FINAL Certificate of Occupancy, the petitioner will establish a number mutually acceptable to the Planning Board, and make payment as described above.
Prior to issuance of a Certificate of Occupancy unencumbered easements for maintenance and title to all fire alarm conduits, water lines and hydrants, if any, constructed and installed in the subject property shall be conveyed to the Town.
The Approval Not Required Plan shall make reference to the Special Permit and this Special Permit Modification.
Prior to the issuance of a Building Permit, evidence that the following have been recorded with the Plymouth County Registry of Deeds shall be provided to the Planning Board:
a. The Transfer of Development Rights document and the Restrictive Covenant to be imposed on the SENDING Land, approved as to form by Town Counsel.
This Special Permit Decision.
Prior to the issuance of a Building Permit:
The petitioner (Camp LLC) shall provide evidence to the Planning BoardThe Petitioners shall provide a performance guarantee against any damage to Bayden Path and Tadmore Trail as a result of the construction of the six (6) units to be constructed under this Special Permit. Said guarantee will include, at a minimum, the cost to resurvace the roadways, and an inspection of the condition of said roadways will be performed with the developer and representatives of the Planning Board prior to the issuance of a Building Permit.
The vote was unanimous (5-0).
Malcolm MacGregor moved to approve the issuance of three TDR certificates from the sending area on AssessorThe TDR SENDING PARCEL (Portion of Map 60, Lot 6 and all of Map 64 Lot 16 off Mountain Hill Road) shall be subject to restrictions imposed both in the Transfer of Development Rights document and the Restrictive Covenant to be executed by the Owners of the SENDING PARCELS, which shall contain the provisions set forth in the Restrictive Covenant referenced below, subject to approval by Town Counsel. The Petitioners shall offer the Sending Parcels to the Town of Plymouth at no cost. In the event that the land is not accepted by the Town, the Petitioners shall offer ownership of the Sending Parcels to a land trust or similar non-profit organization acceptable to the Planning Board. The recording of said Restrictive Covenant and/or the offer of the Sending Parcels to the Town of Plymouth have been found by the Planning
Board to constitute Conditional upon the payment of the back taxes, interest and fees owed to the Town for the Sending and Receiving properties. Verification of payment is to be provided to the Planning Board prior to endorsement of the plans.
At the discretion of the Petitioners, two (2) of the certificates for Transfer of Development Rights granted by the Planning Board in this decision may be substituted in lieu of the two (2) affordable units allowed by the Special Permit in the Beaver Dam Ridge decision issued by the Planning Board in Case No. B520.
Prior to the issuance of a TDR Certificate, evidence that the following have been recorded with the Plymouth County Registry of Deeds shall be provided to the Planning Board:
The Transfer of Development Rights document and the Restrictive Covenants to be imposed on the SENDING PARCELS, approved as to form by Town Counsel.
This Special Permit Decision.
The vote was unanimous (5-0).
Malcolm MacGregor moved to approve the Rural Density Development with a waiver of frontage subject to the following:
The open space (Portion of Map 60, Lot 6) shall be subject to restrictions imposed in the Restrictive Covenant to be executed by the Owner, which shall contain the provisions set forth below, subject to approval by Town Counsel. The Petitioners shall offer the open space to the Town of Plymouth at no cost. In the event that the land is not accepted by the Town, the Petitioners shall offer ownership of the open space to a land trust or similar non-profit organization acceptable to the Planning Board.
Conditional upon the payment of the back taxes, interest and fees owed to the Town for the Sending and Receiving properties. Verification of payment is to be provided to the Planning Board prior to endorsement of the plans.
There shall be a subsequent Plan of Division of Land filing on the Petitioner Land under the Approval Not Required Process under Subdivision Control Law to create the lots as shown on the Plan. The Planning Board waives the minimum 50 foot frontage requirement to zero (0) feet as shown on the plans, and finds that this is consistent with the RDD Special Permit and the subject property as a whole are configured in a manner consistent with the RDD Special Permit for this project.
The RDD as approved is for no more than three (3) residential single-family dwelling units. The Petitioner agrees to waive its right to further subdivide the subject property shown on the Plan pursuant to the provisions of Massachusetts General Laws, Chapter 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 on the lots within the RDD development. 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 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 subdivision plan, as well as incorporated into the Protective Covenants and Restrictions or Deed Restrictions imposed by the Petitioner on the lots within the RDD development.
The Approval Not Required Plan shall make reference to this Special Permit, and will reflect Conditions No. 4, 5, 9 and 10 of the Special Permit with said reference.
Prior to issuance of a Building Permit:
Bounds at the corners of the open space Lot (Lot 6-4) where they intersect with the existing parcel boundary at the new Lots 6-2 and 6-3 (a total of two (2) bounds) shall be installed to the satisfaction of the Planning Board.
Evidence that (1) the Protective Covenants and Restrictions or Deed Restriction(s) per the Conditions of this decision to be imposed by Petitioner on the subject property, approved as to form by Town Counsel; the Home Owners Trust documents, approved as to form by Town Counsel and (2) this Decision have been recorded with the Plymouth County Registry of Deeds shall be provided to the Planning Board.
Prior to any earth grading activities at the site, all 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.
Prior to issuance of a Certificate of Occupancy on each individual lot, individual photosensitive lampposts will be installed.
The Petitioner agrees to record a home ownerThe Petitioner agrees to provide a maintenance program for common driveway, associated drainage facilities and appurtenances, and drainage lot or easements areas to be maintained by the home ownerThe vote was unanimous (5-0).
Public Hearing (cont.)
B516 Valerie Massard informed the Board that the applicant has submitted a revised plan. Ms. Massard requested time to review the revised plan and the petitioner did not object.
Paul McAlduff moved to continue the public hearing to May 2, 2005 at 9:15 p.m.; the vote was unanimous (5-0).
Public Hearing (cont.)
B296 Atty. Robert Betters reviewed the memo the Board received in their packets regarding the outstanding issues of the trust and a draft of the homeownerValerie Massard informed the Board that the specific question they needed to address at this meeting was whether to grant a modification of Phase 4 of the Ponds at Plymouth. The modification would eliminate the requirement that the developer construct the recreational fields in the development and to allow the developer to donate $480,000 to the homeownerDan Galvin, representing the homeowners, informed the Board that they have received a copy of the trust draft and it is being reviewed by their attorney. The group has applied for a tax ID number and will be holding elections for the trustees in the near future. Mr. Galvin requested that the Town assist in sending out the mailings to the residents. Mr. Galvin questioned what the plan was for turning over the money to the homeownerAtty. Betters stated that the funds would be turned over directly to the trust in phases.
BB the funds go directly to the trust. We could work out an escrow if the trust is not complete.
Mr. Galvin inquired whether Pulte would be revegetating the fields that have been stripped.
Valerie Massard replied that Pulte intends to finish the subdivision this year and that loaming and seeding of the fields will be required. All the punch list items will be addressed separate from the establishment of the trust and the donation of the funds to the trust.
After much discussion about the phasing of the funds for the trust, the Board and Pulte agreed that twenty-five percent would be donated as seed money, twenty-five percent would be paid by the end of the year, with the balance paid by June 1, 2006.
Nicholas Filla moved to close the public hearing; the vote was unanimous (5-0).
Nicholas Filla moved to approve the modification for Phase Four of the subdivision plan for the Ponds at Plymouth as follows:
Many of the fields were partially constructed, but have not been maintained since that time. There does not appear to be a feasible alternative for construction of the fields in the originally proposed locations in the original form proposed, for the following reasons:
Pulte Homes of New England, LLC does not own the land upon which the fields were to be constructed.
The detail on the plans for recreational fields was never specified, and parking is not feasible for the proposed fields as shown.
There is no homeowners association to maintain the fields if they were constructed on private property.
Several of the proposed sites are landlocked or only accessible via a pedestrian strip of land, which in some cases has been landscaped by owners of the land upon which the easement is located. Public access to such sites would be severely limited. The town does not have funds to maintain the fields if they were constructed and owned by the Town. It is not clear if ADA requirements and parking could be met for the proposed fields at these locations if they were to be built and owned by the town.
After several meetings with the property owners within the subdivision, including public notice to all residents within the subdivision regarding the proposed modification, the Planning Board found as follows:
A trust or other entity will be formed for purposes of holding an amount to be contributed by Pulte Homes of New England, LLC, in lieu of constructing recreational facilities within the Ponds at Plymouth subdivision. Said trust or other entity shall have non-profit status, and shall be responsible for determining the disposition of said funds with respect to recreational opportunities for the residents of the Ponds at Plymouth subdivision. Specific information regarding number of trustees, language creating the trust or other entity, and number and method of appointment of the board of the trust or other entity is subject to final approval by the Planning Board in a form acceptable to Town Counsel.
The amount to be contributed by Pulte Homes of New England, LLC, in lieu of constructing recreational facilities within the Ponds at Plymouth subdivision (all phases), is $480,000, payable on the following schedule:
1. Twenty-five percent (25%) shall be donated payable within five (5) business days once twenty (20) days have elapsed since this decision is 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
2. Twenty-five percent (25%) shall be paid by December 31, 2005, or in the event of an appeal within six (6) months from the date of any appeal filed having been dismissed or denied and this has been recorded in the Plymouth Court of Plymouth County; and
3. With the balance paid by June 1, 2006, or in the event of an appeal within twelve (12) months from the date of any appeal filed having been dismissed or denied and this has been recorded in the Plymouth Court of Plymouth County.
All prior conditions remain in full force and effect.The vote was unanimous (5-0).
Conceptual Review
Diodato/Atlantic Ave
Randy Parker, Land Management Systems, Inc., presented three proposals for nine units on a 1.7 acre parcel at the end of Atlantic Avenue. Currently there is an existing single family home on the site, which would be demolished. Mr. Parker presented three schematic drawings with the last drawing being the preferred design. This design shows a meandering drive with three single units and three duplex units and separate parking areas. The styles of each unit would be different. Mr. Parker informed the Board that his client also owns lot 21-1 on Castle Street and would consider a TDR for affordable housing.
Valerie Massard stated that this project would be the first petition subject to the inclusionary bylaw. The affordable housing could be included in this site or off site
Abutting neighbors were concerned with the density of the project, increased traffic, parking of guests, maintaining a sufficient buffer zone, and the environmental impact.
Nicholas Filla recused himself from any voting relative to this proposal. Mr. Filla suggested that the applicant reverse the parking and the structures to allow the structures to take full advantage of the ocean view. He also suggested that the applicant located the dwellings furhter away from the existing homes in the area, address drainage issues and consider age-restricted housing on the site. Mr. Filla also asked the applicant to review the minimum density allowances in the bylaw with respect to this conceptual plan.
Lee Hartmann suggested that the applicant address utility access now as the adjacent rail trail is under construction.
The Board preferred schematic number three, but felt that it was too dense for the site. They also suggested that the applicant present his conceptual review to the North Plymouth Steering Committee.
Public Hearing (cont.)
Beaver Dam Ridge RDD
William Keohan, Planning Board Alternate, joined the Board for the public hearing as Nicholas Filla was not present for the beginning of the public hearing.
Atty. Robert Betters reminded the Board that the remaining issues for this subdivision concerned the engineering and surveying for the project. There is now a question of whether to build into the decision the option of using the three TDR certificates from the Twilight Hills subdivision.
Randy Parker, Land Management Systems Inc., reviewed the changes in the roads which the Town Engineer and Fire Chief had requested. The Town Engineer suggested that Hollis Road be paved from the old section of Beaver Dam Road to the new Bogside Road. This is an ancient way and will be kept as part of the open space lot. It will be left as a right of way and will be widened to 12 feet and topped with gravel and has been redesigned to eliminate the sharp curve near the pond. The Fire Chief suggested a pullover of about 40the Fire Chief for emergency vehicle access. The hammerheads will also provide an area for snow removal. Mr. Parker also reviewed the revised drainage plans for the proposed subdivision. Mr. Parker also informed the Board that Lot 9-25 would be altered to increase the open space buffer from the pond.
Wayne DelPico, Pacor Inc., informed the Board that they are looking into the feasibility of individual sprinkler systems. The site will be serviced by individual wells and is in close proximity to the Pinehills Fire Station.
Valerie Massard stated that the complete drainage redesign is under review and VHB is reviewing the hammerhead design with respect to the OSMUD subdivision design standards. If any modifications are required, they could be done as a field change. The applicant has agreed to pay for the resurfacing of Beaver Dam Road for 1,000 ft in either direction of the entrance.
Randy Parker stated the payment of $14,175 for the improvements on Beaver Dam Road will be phased over the issuance of 10 building permits.
Evan Schulman, Tidmarsh Farms, suggested only using two TDR certificates for this site and holding one for use elsewhere.
William Keohan suggested using a part of lot 9- 28, to link the open space in the development.
Randy Parker approved of the suggestion.
VM could start road construction and condition that no building permits be issued until the sprinkler issue is addressed.
Randy Parker suggested returning to the Board with an ANR plan to add the additional lots and keeping the subdivision plan at 19 lots unless the abutters are notified.
Larry Rosenblum moved to close the public hearing; the vote was unanimous (5-0).
Malcolm MacGregor moved to approve the special permit for a Rural Density Development and modification and approval of definitive subdivision plan with waivers for Beaver Dam Ridge subject to the following conditions:
The applicant/petitioner agrees to waive his or her right to further subdivide the lots shown as Lots 8 and 9 and as shown on Town of Plymouth AssessorThe applicant/petitioner agrees to attend a pre-construction meeting, and to stake the open space in the vicinity of construction to the satisfaction of the Planning Board, prior to the start of any earth work at the site.
Conditional upon the payment of the back taxes, interest and fees owed to the Town for the Sending and Receiving properties. Verification of payment is to be provided to the Planning Board prior to endorsement of the plans.
The applicant/petitioner shall make payment to the Town of Plymouth either incrementally or in a lump sum of $14,175.00 for topcoat improvements for 1,000 feet on either side of the new entry road on Beaver Dam Road, and said payment is to be made in full prior to the issuance of the 11th (eleventh) building permit for the project.
The applicant/petitioner has agreed to incorporate some of the existing drainage on the site into the drainage design in order to treat flowage into the bogs through Best Management Practices with the goal of meeting an 80% Total Suspended Solids removal and use of an oil/grease trap.
Prior to endorsement of the plans, the plans will be revised to detail the Conditions of the approval as needed and this will be recorded at the Registry of Deeds or the Decision will be recorded with the plans. The applicant/petitioner shall provide revised drainage calculations, drainage structure details, and shall address the concerns of the Town Engineer, Fire Chief and the Planning BoardPrior to issuance of a building permit:
a. The applicant/petitioner shall return to the Planning Board with an evaluation of a self-contained and reasonably priced residential sprinkler system for the dwelling units at this site, or an alternative recommendation, subject to approval by the Planning Board.
b. The applicant/petitioner agrees to record a Covenant detailing the creation of a homeowner's association, and to provide by way of easement by deed or through a separate covenant the grant of any such land or easements conveying such required drainage facilities and appurtenances, drainage lots, open space and roadway areas to be maintained by the homeownerc. The applicant/petitioner agrees to provide a maintenance program for stormwater facilities at the road, drainage lots, open space or roadway areas to be maintained by the homeownerd. The petitionere. The Applicant/petitioner has stated that the Open Space land is to remain private, and evidence that Restrictive Covenants on the land have been recorded must be presented to the Planning Board prior to issuance of a Building Permit. Restrictive Covenants to be recorded:
i. The applicant/petitioner agrees that there is to be no construction of two-family residences, regardless of lot area and related zoning criteria, through a deed restriction on the parcels or other manner acceptable to Town Counsel, such as through Restrictive Covenants and within the deeds, and this shall be noted on the plan.
ii. The Petitioner 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 subdivision plan, as well as incorporated into the Protective Covenants and Restrictions or Deed Restrictions imposed by the Petitioner on the lots within the RDD development.
iii. The Restrictive Covenants will include language with respect to fire safety for each dwelling unit, which shall: prohibit wooden roofs and mandate fire resistant materials for construction as much as possible, use a fine mesh over any intakes into the home to minimize hot ash intrusion, use a wire mesh (or other suitable alternative) over roof gutters to minimize leaf and debris buildup, provide visible signage at the end of driveways that identifies the home accessed by referencing the street number, and which shall encourage landscaping around the house in a manner that would minimize the spread of fire.
f. All no cut buffer areas in the vicinity of construction shall be staked off and marked to the satisfaction of the Planning Board, and shall remain staked off until a Certificate of Occupancy is issued for the site.
The Planning Board notes that the proposed roadway with waivers is not built to the standards of the Subdivision Rules and Regulations, and the applicant/petitioner therefore should not expect that the road will be accepted by the Town as constructed through this approval.
Prior to issuance of the tenth (10th) Certificate of Occupancy for the entire site, drainage design plans for the remainder of Hollis Road shall be approved by the Planning Board. Said drainage improvements are to be installed prior to issuance of the eighteenth (18th) Certificate of Occupancy for the site. Paving of the remainder of Hollis Road is not required, however, as a condition of the approval.
No deeded access shall be granted to Beaver Dam Pond or Little Island Pond for anyone other than owners of land in this subdivision without further review by the Planning Board. Full details of any such access shall require a PUBLIC MEETING of this consideration.
The Applicant/Petitioner has agreed that the two (2) bonus density units which gain their frontage off the older layout of Beaver Dam Road may be designated as The Affordable Units must be comparable in construction quality and exterior design to the Market Rate Units. The Affordable Units must have access to all on-site amenities.
The Affordable Units must be constructed and occupied concurrently with or prior to the construction and occupancy of Market Rate Units or development.
Terms of Affordability. Rental Affordable Units must remain affordable in perpetuity, as documented through an affordable housing agreement recorded against the property. Ownership Affordable Units must remain affordable in perpetuity pursuant to an affordable housing agreement recorded against the property.
Prior to issuance of a Building Permit:
The Affordable Units will be created through the Local Community Initiative Program (LIP), or another mutually agreed-upon process, to allow the Town to count this unit towards its affordable-housing goals. An application shall be filed for the LIP program or a mutual agreement upon an alternative process shall be reached with the Planning Board prior to issuance of any building permits for the project.
An Affordable Housing Agreement, as desribed below, shall be in place prior to issuance of a Building Permit:
Approval. An Inclusionary Housing Agreement between the Developer and the Town of Plymouth in a form approved by the Planning Board shall be executed and recorded at the Plymouth County Registry of Deeds or Land Court Registry District of Plymouth County prior to issuance of a building permit for the project. The Inclusionary Housing Agreement shall include, at minimum, the following:
Description of the development, including whether the Affordable Units will be rented or owner-occupied;
The number, size and location of the Affordable Units, or any approved alternative;
Provisions and/or documents for resale restrictions, deeds of trust, rights of first refusal or rental restrictions that shall be recorded against the property;
Provisions for monitoring the ongoing affordability of the units, and the process for marketing units, and qualifying prospective residents household for income eligibility;
Deed Restriction acceptable to the Town of Plymouth.
At the discretion of the Applicant/Petitioner, the two (2) of the certificates for Transfer of Development Rights granted by the Planning Board in Case No. B-521 may be substituted in lieu of the two (2) affordable units allowed by this Special Permit decision. In the event that the development rights are transfered as such, they shall be subject to the following conditions:
a. Evidence that the Transfer of Development Rights document, the Protective Covenants and Restrictions to be imposed on the Sending Land, approved as to form by Town Counsel, has been recorded at the Plymouth County Registry of Deeds per the conditions of Case No. B-521 shall be provided to the Planning Board prior to issuance of a Building Permit for the two (2) units.
Prior to the issuance of a building permit, evidence that the following have been recorded with the Plymouth County Registry of Deeds shall be provided:
a. The Subdivision Covenant and Phasing Covenant for the Definitive Subdivision Plan.
b. This Special Permit Decision.
CONDITIONS OF THE MODIFICATION AND APPROVAL OF THE DEFINITIVE PLAN:
The applicant/petitioner 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 Applicant/petitioner with mutual agreement on the content of said guarantee by the Applicant/petitioner and Planning Board without amendment or modification of this approval.
The applicant/petitioner 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 applicant/petitioner 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).
Minutes:
April 4, 2005
Malcolm MacGregor moved to approve the minutes of April 4, 2005; the vote was (2 -0) with Loring Tripp, Larry Rosenblum, and Nicholas Filla in abstention as they were not present at the meeting.
Larry Rosenblum informed the Board that he has invited Douglas Foy to make a presentation at a future Planning Board meeting regarding the Massachusetts transportation plan.
Lee Hartmann informed the Board that the Town has received the $15,000 dollar grant for the TDR.
Barry Bluestone has contacted staff and would like to meet to further discuss the Chapter 40R legislation.
Paul McAlduff moved to adjourn at 10:55 p.m.; the vote was unanimous (5-0).
Respectfully Submitted,
Eileen M. Hawthorne
Administrative Assistant Approved on:______________
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