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Planning Board Minutes April 25, 2005
Planning Board Meeting
April 25, 2005
Minutes

These minutes are not verbatim
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:  None

Presentation                                                            
        Chris Dubay - NFPA - Residential Sprinkler Systems
Chris Dubay, National Fire Protection Association (NFPA) gave a presentation on residential sprinkler systems, their impact, water demand, backflow and costs.  The presentation outlined the responsibility of the water department in providing adequate water flow for residents, as well as firefighters.  Water usage to combat a fire decreases by approximately 90% when there is a sprinkler system installed.  Mr. Dubay informed the Board that smoke alarms reduce the chance of death by 45%, while a combination of smoke alarms and sprinklers reduce the risk by 82%.  A home with a sprinkler system also sustains significantly less damage if a fire occurs.  The sprinkler systems can be tied into existing cold water pipes or run as a separate system.  The average cost for the installation of a sprinkler systems per single family home on the South Shore is $2,600 (approximately $1.15 per sq. ft.); the cost for the installation of the necessary water service is approximately $5,461; for a total cost of approximately $8,061 ($3.60 per sq. ft.).   Mr. Dubay gave the contact information for the Home Fire Sprinkler Coalition (1-888-635-7222 or www.homefiresprinkler.org) which provides free information and support to water departments, fire officials, builders, and homeowners.  Mr. Dubay also stated that many insurance companies offer discounted insurance for residential dwellings with sprinkler systems.
Nicholas Filla asked how a home on a well would install a system and why there was such a difference in the national average and the South Shore average costs for installation.  
Mr. Dubay replied that a new home on a well would need to install a larger pump to handle the system or a holding tank for the sprinkler system.  Mr. Dubay also stated that the cost difference is attributable to the charges and fees issued by the water department.   
Paul McAlduff inquired about the use of a sprinkler system pertaining to a kitchen grease fire.  
Mr. Dubay explained that water sprayed directly on a grease fire creates steam, which is a source of injury to the person spraying the extinguisher.  If a sprinkler system is engaged, a continuous spray of water is released and there is a decreased chance of injury.
Larry Rosenblum questioned why the systems are crucial to saving lives.  Mr. Rosenblum also questioned the benefits of sprinkler systems in relationship to the cost of community services and response times.  Mr. Rosenblum was in favor of requiring developers to install sprinkler systems.  
Mr. Dubay stated that the primary goal of a sprinkler system is to allow the people to vacate the dwelling.  A sprinkler system will activate in the room where the fire originates and allow the residents to pass through the room if necessary.  Adjacent sprinklers do not activate.  Mr. Dubay also stated that the cost benefits would have to be addressed by the Town, but that sprinkler systems respond immediately to a fire and would decrease the amount of property damage as well as allow more time for fire department response.  
Paul McAlduff asked what would happen if a fire occurred and electricity power is lost
Mr. Dubay answered that some systems are designed to respond even when they are turned off.
Loring Tripp stated that the Board and the Fire Chief are interested in developing an ordinance for requiring sprinkler systems in the rural developments.  Mr. Tripp asked whether it would require a fire ordinance or a building ordinance to require the installation of sprinkler systems.   
Chief Pierson stated that the installation of sprinkler systems could be a part of a systematic approach to fire service.  A dwelling with a sprinkler system is safer for the crews to respond to and enter and could decrease the time spent at the site, which would free the crew to respond to other calls.  Chief Pierson also stated that currently there are no successful ordinances in the State, but that the Massachusetts Fire Chief
Mr. Filla asked if a resident in a new house wants to install sprinklers, are there any additional fees.
Chief Pierson stated that there is an additional permit required from the Fire Department.  
Lee Hartmann added that there might also be additional fees from the Water Department.  The meter size and pipe size required may need to be increased as well as, the rates per gallon.
Loring Tripp stated that there seemed to be a consensus from the Board to require sprinkler systems through the negotiation process of a special permit.  The Board could consider requiring sprinkler systems in lieu of waivers.  Mr. Tripp stated the Board would draft a letter in support of efforts of the Massachusetts Fire Chief's initiative to require residential sprinklers in all new construction.


Obery Street Master Plan Committee                              
        Appointments
Loring Tripp stated that the Obery Street Master Plan Committee would work with the Planning Board and other agencies (County, State, Jordan Hospital, etc.) regarding zoning changes and other issues in the Obery Street area.  
Nicholas Filla suggested that the Board define the composition of the committee and a preliminary charge for the committee.  Mr. Filla suggested that the committee should include representation by Town officials and the Plymouth Center Steering Committee.
Bobbi Clark, Plymouth Center Steering Committee felt that a master plan for the area was necessary.
The following applicants addressed the Board regarding their desire to serve on the Obery Street Master Plan Committee:  Larry Conley, Virginia Davis, and Bill Marani (Richard Sullivan was unable to attend).  
The Board will appoint members to the Committee at a future date.  

Public Hearing (cont.)                                          
        B526 - Fotiades, Alpine Road
Mark Flaherty, Flaherty & Stefani, Inc. presented a revised plan for the Alpine Estate/Black Cat Estates intersection. Board members have visited the site, traffic counts have been completed, and sight distances have been revised to improve the distance from 110 feet to 175 feet.  The revised intersection would have Alpine Road and Black Cat Road opposite each other, the road would be eighteen feet instead of sixteen feet, and the drainage plan was reviewed.   Mr. Flaherty requested that the drainage area remain gravel, as paving would create problems. Mr. Flaherty suggested installing eight inches of gravel base with four inches of crushed stone on the roads.  Mr. Flaherty also stated that the applicant would prefer not to be required to install residential sprinkler systems.  The applicant is in agreement with staff
Valerie Massard stated that the applicant has addressed many of the Board
Paul McAlduff was concerned with the flow of traffic on Alpine Road.  He suggested making it a one way.
Mr. Flaherty stated that it could be a one way, but that these are private roads.  Mr. Flaherty felt that 20-mph speed limit signs would be more appropriate.  
Larry Rosenblum was in favor of requiring the installation of residential sprinkler systems for public safety reasons.  
The Board requested more information regarding the estimated cost of paving the roads and the maintenance of a gravel road.  
Malcolm MacGregor moved to continue the public hearing to May 9, 2005 at 7:00 p.m.; the vote was unanimous (5-0).

Public Hearing (cont.)                                          
        B527 - Fotiades, Black Cat Estates
Mark Flaherty, Flaherty & Stefani, Inc., reviewed the revised sight distance plans as mentioned above, which would also provide access for this four lot VOSD.
Larry Rosenblum questioned the drainage design in regards to the10 year vs. 100-year storm.
Mr. Flaherty replied that the Subdivision Rules and Regulations require sizing for a 10-year storm.
Valerie Massard stated that it is the standard that has been used and as there is sandy soil in this area, the standards are appropriate.
The Board had some concerns regarding the five roads leading into one intersection and whether a one way road direction would be appropriate.  
Mr. Flaherty stated that the traffic counts in the area are minimal, the roads will have tight turns, and an additional four houses would not generate a great deal of traffic.
Nicholas Filla suggesting making a left-hand only turn at the intersection of Little Sandy Pond Road and Black Cat Road.
Mr. Flaherty felt that a left-hand only turn would be difficult, but he agreed to create some sketches detailing that scenario.
Malcolm MacGregor moved to continue to May 9, 2005 at 7:00 p.m.; the vote was unanimous (5-0).

Conceptual Review                                                       
        Subdivision Access Improvements/Tamarack Road
Mark Flaherty, Flaherty & Stefani, Inc., presented a proposal to subdivide Lot 23B on Map 56 (1.85 acres) into two lots.  The lot is in the R25 zone and has an existing single-family home.  The existing dwelling uses a 30-ft. right of way for access.  Access to the new lot would be off the recently paved Tamarack Road cul-de-sac.  
Valerie Massard felt that this would not qualify for an ANR plan because it may not meet the setback and depth requirements and the lot should be created under a definitive subdivision plan.
John Yemma informed the Board that the new structure would be an art studio for his wife with a living unit for an elderly parent.
Nicholas Filla suggested adding a condition that the living unit for the new structure be limited to 1,500 sq. ft.
Mr. Yemma stated that he would not object to a limit on the square footage, but would need time to work out what square footage would be appropriate.
Loring Tripp suggested that a bedroom limitation be added as well as a condition of no further subdivision of the lot
Mr. Flaherty stated that the structure could not be more than two bedrooms as it is served by a well.

BOA 3290 - Mulligan                                             
        Special Permit for Access/Agawam Road (ZBA 5/25)
Mark Flaherty presented a petition for a special permit for access to a nine-acre parcel of land with frontage on Agawam Road and Fawn Pond Road.  The applicant is not able to widen the road as the applicant does not own it.
Valerie Massard informed the Board that the application is similar to another case that the Board recommended denial on and that this parcel may be more appropriate for a transfer of development rights.
Nicholas Filla and Larry Rosenblum were concerned that without adequate access, the value of the sending property would be diminished.
Leighton Price, Dorothy Price (on behalf of her brother, Donald Bird), and Jerry Flaherty were opposed to any improvements on Agawam and Fawn Pond Roads.
Atty. Robert Betters suggested adding a condition that there be no further subdivision if this petition was granted.
Loring Tripp suggested that the Board look at the accessibility and environmental issues for the feasibility of a TDR for this parcel.
Nicholas Filla moved to recommend denial of the petition to the Zoning Board of Appeals and for the petitioner to consider as a TDR; the vote was unanimous (5-0).

B519, Preliminary - Lighthouse Cove LLC                 
        Summer Ridge Preliminary Plan
Nicholas Filla recused himself from this preliminary review.
Bill Shaw, Associated Engineers Inc., informed the Board that the preliminary plan was filed as a formality in order to freeze the zoning requirements.  
Malcolm MacGregor moved to recommend that the Board accept the plan as a compete and accurate submission with the following comments:
To hook-up to the municipal water system, the applicant must demonstrate that the water system can deliver adequate fire flow protection and static pressure.
The applicant is encouraged to look at pedestrian links to the Shaw
The West Plymouth Steering Committee has negotiated an informal agreement with the petitioner to landscape the town-owned property bordering the southeast corner of the site as a part of this overall project.  The petitioner is encouraged to consider this in developing a final submission.
The applicant is encouraged to look at traffic patterns with regards to possible access off Nathaniel Street in light of the Town Engineer
The future filing of a special permit or subdivision should include more specific information regarding the proposed types of units, age restrictions (if any), and management plans for common areas.
The applicant is encouraged to create meaningful circulation within the development, with green spaces and focal points, and consideration for privacy, through careful landscaping at this scale and density.  Tree preservation and plantings are strongly encouraged, as is maintaining some of the rolling topography on the site.
The project should have phasing more detailed when submitted in the definitive stage, with clear triggers for review.
The vote was unanimous (4-0).

BOA 3293 - Chapter 40B - Pine Knoll                             
        Wareham Road (ZBA 5/5)
George Benway, III, reviewed the plans for a Chapter 40B development off Wareham Road.  The project would have eight single-family rental units, four two-bedroom units and four one-bedroom units.
Larry Rosenblum asked Mr. Benway if the units would have sprinkler systems.
Mr. Benway explained that the cost per unit was $7,300, which included an upgrade to the well system.  There would also be additional costs for larger pumps, additional electrical service, etc.
Loring Tripp suggested that the applicant apply to the Community Preservation Committee (CPC) for assistance.   
Mr. Benway said that he would consider applying to CPC.  He also informed the Board that he has been working with the Fire Department and will be installing fire retardant roofs, semboard siding made of concrete and working with impervious products.  He stated that as he will be retaining ownership of the dwellings, he wants to make them as safe as possible.
Paul McAlduff moved to recommend approval to the Zoning Board of Appeals with the suggestion that the applicant apply to the Community Preservation Committee for funds to assistant in the installation of fire mediation; the vote was unanimous (5-0)

BOA 3288 - Jeanine Anderson                                     
        Special Permit for Gravel Removal/Hedges Pond Road
Atty. Edward Angley, presented the Board with a handout that detailed responses to the fourteen items raised by the Board and staff in regards to the gravel removal/bog operations on Map 55, Lots 52A-1, 52B, and 53.   Mr. Angley informed the Board that there is a master plan for the each of the nine phases of the gravel removal/bog construction and that each phase would require a special permit and last approximately 3-4 years.
Greg Keeland, PA Landers, reviewed the master plan for the Board.  
Nicholas Filla questioned what would be visible from Route 3.
Mr. Keeland replied that southbound traffic would see only a small vegetative portion of the site, while northbound  traffic would see vegetative areas that are already buffering the site and 15 acres of white pine seedlings.  
Atty. Angley informed the Board that the Town would receive approximately $30,000 per phase for infrastructure maintenance.  He stated that the traffic from this site heads south only and was the client was not prepared to pay for infrastructure improvements to the north of the site that as requested by the Town Engineer. Atty. Angley also stated that the finished slopes would be 3:1,  and his client does not feel it necessary to deed restrict the acreage as there is no intent for housing.
Loring Tripp asked what the total cubic yards of gravel to be removed was.
Greg Keeland replied that the master plan calls for 4.5 million cubic yards and that this application is requesting 2.2 million cubic yards in five phases.   Phase One would be approximately 533,000 cubic yards.  The removal would generate approximately 45 trucks a day.  The applicant has posted bonds for the road improvements necessary to restore the road to existing conditions.  
Paul McAlduff was pleased that PA Landers has agreed to install a scale on site.
Loring Tripp requested that the $30,000 for road improvements for Phase One be submitted to the Town prior to any gravel removal.   
The entire Board felt that seeing the Master Plan for the whole project was extremely helpful.
Nicholas Filla moved to recommend approval to the Zoning Board of Appeals subject to the following conditions:
All existing conditions shall remain in full force and effect.
Petitioner agrees to review by the Planning Board and Board of Appeals prior to start of each new phase of the project, where a modification of the special permit will be requested, and to establish the projected amount of gravel removal for each phase.  No new phase will begin prior to completion of the preceding phase before last (i.e. Phase III not to begin until Phase I is stabilized).  
It is recommended that __ % of the previously-disturbed areas under the original special permit be re-vegetated prior to commencement of further gravel removal activities.
Establishment of vegetation on each __ acre(s) disturbed shall be established prior to commencement of disturbance of any additional earth.  At no time shall any more than __ acres be exposed.
The petitioner has agreed that a truck scale will be installed at the site prior to commencement of any additional earth removal, no later than ten (10) business days after the effective date of this modification of the special permit.
The petitioner has agreed that copies of all tear sheets for the truck scale will be supplied to the Building Inspector with the monthly reporting required per the original special permit conditions.
Petitioner agrees to offer a gift per cubic yard of material in advance of work in each phase.  Payment to be accepted by the Board of Selectmen on behalf of the Town prior to start of any excavation in each phase of the project.  For this Phase, a gift in the amount of $34,815.00 is to be accepted by the Town prior to start of excavation for this Phase.  This gift shall be made available for purposes of doing an engineering study of the road to evaluate what improvements may be needed at Hedges Pond Road between Route 3A (State Road) and the intersection with Hedges Pond Road, including vertical and horizontal curve alignments.
The petitioner has agreed that the gift per cubic yard of material shall be negotiable at future phases based on inflation or other factors of consideration.  The current gift amount is $0.06/cubic yard.
The petitioner has agreed to provide a reduced-sized copy of the Master Concept Plan presented at the Planning Board meeting to the Planning Board and the Board of Appeals, and this shall be received prior to commencement of additional earth removal at the site subject to this special permit modification.  
The Master Concept Plan represents that approximately 15 acres easily seen from the highway (Route 3) are to be planted with white pine seedlings on a 10'x10' grid pattern in order to preserve the viewshed in those Phases after the earth removal activities proposed take place, and that other plantings shall be made to further screen the viewshed.  The petitioner has further agreed to perform additional plantings in advance of future phases so that the screening will have become established when earth removal activities are proposed at a future date.  The petitioner is to return to the Planning Board for review of the proposed planting plan, subject to final approval by the Board of Appeals.
Time of tree planting should be limited to early fall or spring, in order to ensure viability of plantings, and staff shall have the opportunity to inspect the stock prior to planting.  If after a period of two (2) years the seedlings are not established, these will be replaced with suitable plantings subject to final approval by the Board of Appeals.
The vote was unanimous (5-0).  
   
BOA 3287 - Fantoni                                                      
        Herring Pond Road/Special Permit for a Two Family Dwelling
Don Bracken, Bracken Engineering, presented an application to construct a two family dwelling on a vacant lot.  Each unit would have a one-car garage and have three bedrooms on the second floor.  The applicant has filed an application with the Conservation Commission as there are wetlands on the site.
Malcolm MacGregor suggested moving the driveway to the opposite side of the dwelling as it would be too close to the curve on Herring Pond Road.
Don Bracken replied that the applicant wanted to utilize the existing driveway to the site in order to cause minimal disturbance to the wetlands.   Mr. Bracken agreed to look at it prior to the Zoning Board of Appeals hearing.  
Valerie Massard asked if the units could be staggered a little bit.  
Don Bracken replied that they could be staggered.
Nicholas Filla moved to recommend approval to the Zoning Board of Appeals subject to the following conditions:
Conservation Commission approval is required for all work in areas under their purview.
The petitioner has agreed to articulate the dwelling units of the duplex by a minimum 8 to 10-foot breezeway, and the mass shall be articulated to mimic the appearance of single-family dwellings with a consideration for privacy of the residents.
The petitioner has agreed to demonstrate that the proposed driveway has adequate sight distance on Herring Pond Road where proposed.
The vote was unanimous (5-0).  

Administrative:
B437 - Pinehills LLC - Lot Release, Landmark Drive, Lot 10-402
Nicholas Filla moved to release Lot 10-402, Landmark Drive in the Pinehills Development.
Loring Tripp was concerned with the condition of the roadway in the Sacrifice Rock area.
Valerie Massard stated that the Pinehills is currently installing the utilities and has temporarily paved a section of the road.  She said that Mr. Judge is concerned with the decimation of trees that the proposed layout would cause.  Ms. Massard stated that staff would be conducting a site visit with John Judge on Thursday morning regarding alternative road layouts that have been proposed.  Ms. Massard invited any board members that are available to join Mr. Judge, staff and some of the Pinehills residents at the site. Larry Rosenblum recommended that the Board members conduct a site visit.
The vote to release the lot was (4-1) with Loring Tripp in opposition.    

 Minutes:
April 20, 2005
Paul McAlduff requested a change on page 3: the NStar representative should read "Dennis Galvam" instead of "David Gilvar".   
Larry Rosenblum moved to approve the minutes of April 20, 2005 with the above-mentioned change; the vote was (3-0) with Malcolm MacGregor and Paul McAlduff in abstention.

Larry Rosenblum informed the Board that the meeting with the associates of Barry Bluestone regarding the Chapter 40R legislation.  The representatives were impressed with the Town's initiatives with the TDR and Inclusionary Housing bylaws.  The representatives were taken on a tour of the Town and offered their support in developing the application for a $50,000 grant.  

Paul McAlduff moved to adjourn at 10:45 p.m.; the vote was unanimous (5-0).

Respectfully Submitted,



Eileen M. Hawthorne
Administrative Assistant                                Approved on:________________