Town of Plymouth, MA - Planning Board Minutes May 2, 2005

Planning Board Minutes May 2, 2005


	Planning Board Meeting May 2, 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 Stormwater Workshop Planning Board and Conservation Commission Jason Burtner, South Shore Regional Coordinator for Coastal Zone Management (CZM), began the presentation for a model stormwater management bylaw. The presentation, was compiled by Horsley & Witten Group, in cooperation with the Towns of Plymouth, Marshfield, and Duxbury and was funded through a grant from Coastal Zone Management. Rich Claytor and Christine Wallace, Horsley & Witten Group, presented the model stormwater bylaw. Ms. Wallace stated that the proposed stormwater bylaw would be a mechanism to regulate stormwater. The bylaw streamlines the process for the criteria and submittal requirements; the bylaw would have to be approved by Town Meeting and the regulations would be adopted separately. The top ten reasons to adopt the bylaw and regulations are as follows: Protects Public Health and Safety Improves quality of life Satisfies EPA permitting requirements Costs less than not having a bylaw Fills in the unregulated gaps Standardizes Requirements for all Boards & Commissions Expedites Permitting Encourages Options Increases Accountability Educates and Provides Guidance Rich Claytor, Horsely Witten Group, reviewed the process for adopting the bylaw and regulations. A local committee would review the draft bylaw and regulations and revise as necessary. The revised draft would then be presented to Town Counsel for review. After Town Counsel Mr. Claytor stated that the bylaw is designed to address post-construction water management only. He also encouraged the Board to continue to support the smart growth and low impact development initiatives. Larry Rosenblum asked Mr. Claytor to review the objectives of a stormwater utility. Mr. Claytor replied that a stormwater utility would be a funding mechanism to pay for all the services and maintenance of the stormwater services. It would collects fees to manage drainage issues, administration, inspections, and maintenance of stormwater mitigations. Malcolm MacGregor asked whether Mass Highway also has to adhere to the new stormwater regulations. Mr, Claytor replied that they are required to comply. Paul Withington, Conservation Commission, was concerned that the regulations are mandated, but not funded and that the developers and private owners will bear the brunt of the costs. Mr. Claytor stated that some federal funding and some state funding is available for grants. He informed the Board and the Commission that the Town Engineer recently attended a meeting that reviewed sources of funding and that he would have the information on the grants. Jason Burtner, informed the Board and the Commission that CZM is also pursuing funding. Loring Tripp suggested that a subcommittee could be formed with members from Planning, Conservation, DPW, BOS, etc. to begin to deal with this issue. A mission statement and plan should be drafted using this presentation as a model. Mr. Tripp stated that the plan should address post construction as well as requiring new development to adhere to the standards that would be adopted with this bylaw. He also felt that a funding mechanism would be important. Evelyn Strawn, Chair of the Conservation Commission, stated that the Commission would be interested in participating in the subcommittee. The Board and the Commission thanked the participants for their presentation. The Board took a five-minute recess. Appointment B508 - Colony Place Valerie Massard addressed the Board with concerns that there has been road paving at the Colony Place site without the proper inspections. Phil Picciulo, apologized to the Board for a lack of communication between Cubellis Saivetz, PA Landers and Earth Tech regarding the paving inspections. They have agreed to do pavement borings and anything necessary to give the Town assurance that the roads have been constructed as required. Valerie Massard informed the Board that Earth Tech has requested information regarding the paving which, has been provided and will be reviewed. Site Plan Review - Shops at Five Final Building William Cronin, New England Development, began the presentation by reviewing the progress of the development to date. The shops began opening in October, 2004. Off site improvements include widening of Long Pond Road, installation of the new south bound ramp, and signalization. Relocation of a fiber optic line belonging to the County Facility remains to be done as well as the work under the bridge and other off site improvements which will be completed by June 15, 2005. This site plan review is for the one remaining lot, which abuts the County Facility. The total retail space of the project is 475,000 sq. ft. and this building would be 60,000 sq. ft. John Twohig, Goulston & Storrs, stated that the entire project would be completed in less than two years. The drainage plan, utility plan, landscape, etc, for this site is similar to what has already been constructed. This site is approximately six acres and would be accessed off Shops at Five Way. There would be two major tenants and some smaller tenants. The applicant looked at access off the County Road, but the slope was too steep. Mr. Twohig reviewed the architecturals of the proposed building which are similar to those already constructed. Lee Hartmann stated that developer has exceeded the minimum requirements of the bylaw. The applicant is already addressing some concerns that have been expressed regarding the lighting at Kohl Nicholas Filla requested that a pedestrian guard rail be installed along Long Pond Road near Pizzeria Uno Mr. Cronin stated that they will be installing a pedestrian guardrail along that location and near the BJ Malcolm MacGregor moved to recommend to the Building Commissioner that the site plan would comply with the requirements of the Zoning Bylaw after the following issues are addressed: Prior to issuance of an occupancy permit, a Registered Professional Engineer must certify that the drainage system, driveways, curbing and parking areas have been installed according to accepted practices and in compliance with the Zoning Bylaw and the approved site plan. Compliance with ADA requirements must be documented. The applicant must document compliance with Plymouth's Light Pollution Bylaw. The applicant should explore a number of measures to screen roof top mechanicals to the extent practicable from surrounding streets and sites. The applicant should consider adding foundation plantings or placing trees and shrubs in planters adjacent to the building. The vote was unanimous (5-0). Appointment - Robert Betters B506 - Tara Woods Atty. Robert Betters, informed the Board that Mr. Ferioli would be applying to the Community Preservation Committee (CPC) for funds to offset the cost of creating the four units of affordable housing in the Tara Woods age-restricted development. There will be a loss of $30,000 - $40,000 per affordable housing unit. The development was approved for 40 units including four affordable housing units (two were a bonus density for including the affordable housing). The units were approved before the inclusionary zoning bylaw was established. Nicholas Filla was not in support of the petitioner applying to CPC for funds, when he has already received a bonus in density from the Planning Board. Mr. Filla suggested that the applicant decrease the affordable housing units to two units. Lee Hartmann stated that the Board granted the special permit with the condition of four affordable housing units and that any change would require a modification of the special permit. Atty. Betters stated that the CPC would have to review the application to determine if the funds could be awarded to offset the cost of the affordable housing. If the CPC does not approve the application, Mr. Ferioli would have to apply to the Planning Board for a modification of the special permit. Public Hearing (cont.) B521, Orchard Hills/Billington Street Atty. Edward Angley, informed the Board that the petitioner may be acquiring additional property which will necessitate a revision of the plans and that the petitioner is working very closely with one of the abutters to address her concerns. Don Bracken, Bracken Engineering, requested that the hearing be continued in order for new conceptual plans to be created if the additional acreage is acquired. Mr. Bracken suggest a four to five week time period. Valerie Massard suggested having a workshop for the neighbors the week of June 6^th and continuing the public hearing to June 13^th. Malcolm MacGregor moved to continue the public hearing to June 13, 2005 at 7:15 p.m.; the vote was unanimous (5-0). Public Hearing (cont.) B516, Gunning Point VOSD (timeline waived) William Keohan joined the Board for this public hearing as Nicholas Filla was not present at all the public hearings. Atty. William Landry, began the presentation for a Village Open Space Development (VOSD) on Map 123, Lot 1P-1282. The lot would be subdivided into eight residential lots. The wetlands have been delineated and flagged and a request for ANRAD has been filed with the Conservation Commission. The applicant has submitted to staff a detailed response to the concerns of the BOH, Engineering, Fire Chief, etc. Len Bradley, DiPrete Engineering, presented the site plan, The site is 24.20 acres and is bisected by Gunning Point Road, which the applicant proposes to widen to twenty feet. The site plan detailed the proposed drainage, building envelopes, and septic locations. Dry wells will be installed for roof run off. A water line will be extended from Raymond Road. The driveways and road will be gravel. Valerie Massard stated that the petitioner has made an effort to address the technical concerns of the Board. There was an issue regarding the open space notation that was on the Assessor Len Bradley stated that they could file for definitive subdivision plan to resolve the issue of drainage. John Dill, requested that the Board make a decision on the plan. Mr. Dill was concerned that the developer has not communicated with the abutters and it has not been determined yet whether the site is actually developable. Mr. Dill felt that there would be no public benefit to the community if this site were developed under a VOSD. Bill LaPierre echoed Mr. Dill Nicholas Filla suggested that Town Counsel should address the question of whether the property owner should be allowed to build on this site as Heritiage Hill was an approved definitive plan that listed this property as open space. Loring Tripp also suggested that Town Counsel should review as the applicant hasn Valerie Massard stated that staff typically wants to see a subdivision plan vs. the VOSD to see if the VOSD is better, but this plan is looking at an ANR vs. a VOSD. Ms. Massard also stated that if the applicant were to file a definitive plan next week, the earliest date for a public hearing would be June 6, 2005. The applicant would need to submit drainage calculation with a definitive filing. If the applicant is willing to have Town Counsel review, the earliest date would be June 13^th in order to notify abutters. Larry Rosenblum moved to continue the public hearing to June 13^,2005 at 7:45 p.m.; the vote was (5-0) with Nicholas Filla in abstention and William Keohan voting. Malcolm MacGregor moved to have Town Counsel review; the vote was unanimous (5-0) with Nicholas Filla in abstention and William Keohan voting. Chapter 40B - Pine Tree Farm Carver Road (a.k.a. Twin Pines Farm) Atty. Robert Betters, informed the Board that this is a conceptual review and the applicant has received input from the Fire Chief and will be meeting with the West Plymouth Steering Committee on May 14, 2005. Al Skomial, presented his conceptual review for a Chapter 40B, 24 unit, two-story modular condo development on Map 107, Lot 69. The existing single family dwelling on the site will be demolished. The units will consist of two bedrooms and two baths. One of the seven buildings will have five units, one building-four units, and the remaining five buildings will have three units each. Mr. Skomial informed the Board that he has contacted some of the abutters to inform them of the project. There will be a single road, boulevard type entrance and a play area has been provided at the rear of the lot. The play area was suggested by the Affordable Housing Committee. Staff has suggested changing the sight distances for the site and adding an excersize track around the perimeter. Gas and water will be connected from Carver Road and the septic and drainage will be on site. There will be 52 parking spaces. The Fire Chief has requested two hydrants on the site. The units would range in size from 1100 sq. ft. to 1500 sq. ft. Nicholas Filla suggested that the play area should be more centrally located and this could be accomplished by moving building four and the parking area. Malcolm MacGregor was concerned with the project not being close to Town services. Loring Tripp was concerned with the density of the project and suggested reducing the units by three in order to increase the open space. Mr. Skomial and Robert Engler, a Chapter 40B consultant, were concerned that decreasing the density would have a significant financial impact on the project, but they were willing to consider the possibilities. Mr. Tripp suggested that the applicant could apply to the CPC for funding assistance. Valerie Massard informed the Board that a review has been scheduled with the Board of Selectmen for May 24, 2005 and that the Boards comments are due to the State by May 25, 2005. Abutting neighbors were concerned with the traffic impacts of the project, the density, impact on the water supply, whether natural or fencing buffers could be included. Mr. Tripp was encouraged that Mr. Skomial is engage in a cooperative effort with the Town. Form A's: A4143 Kingfisher Lane, Map 81 Lots 7-7 and 7-29 Lot line/building envelope adjustments. Nicholas Filla moved for the clerk to sign the plan; the vote was unanimous (5-0). Administrative: B511 - Bassett; bond reduction Nicholas Filla moved to release $25,368.46; the vote was unanimous (5-0). Endorsement: B437; Pinehills - Bridge Gate, Sedgewood Malcolm MacGregor moved to endorse the above-mentioned plans; the vote was unanimous (5-0). Minutes: April 11, 2005 Paul McAlduff moved to approve the minutes of April 11, 2005 with the following condition addition to the vote for the modification of a special permit for B461, Camp Child Settlement: Prior to the issuance of a Building Permit: The Petitioner (Camp LLC) shall provide evidence to the Planning Board The 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 resurface 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 for the Board to schedule a discussion for the next meeting to reconsider their vote on the rezoning article for Town Meeting on Map 73, Lots 4, 5, & 6. The proponent of the Chapter 40B, Sawmill Development has agreed to reducing the units to 60 if the article passes at Town Meeting. The vote was unanimous (5-0). Nicholas Filla moved to adjourn at 11:08 p.m.; the vote was unanimous (5-0). Respectfully Submitted, Eileen M. Hawthorne Administrative Assistant Approved on:________________