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Planning Board Meeting
June 27, 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: Nicholas Filla, Loring Tripp, III, Larry Rosenblum, Malcolm MacGregor, and Paul McAlduff.
Planning Board Alternate: William Keohan
Staff Members: Lee Hartmann and Valerie Massard
Recording Secretary: Eileen Hawthorne
Committee Appointments:
The following committee appointments and/or reappointments were made by the Board:
Committee Members Name Term Expires
Bike N Rail Trail Mary Cash 2008
Cedarville Steering Francis (Sonny) Gauss 2008
Cedarville Steering Timothy Grandy 2008
Manomet Steering Mary Jane Calhoun-Donelan 2008
Manomet Steering Catherine Shetterly 2008
North Plymouth Steering Mary Cash 2008
Open Space Committee Helen Hapgood 2006 (subsequent term 3 years) Open Space Committee Janette Jaynes 2006 (subsequent term 3 years) Open Space Committee Daniel Gorman 2007 (subsequent term 3 years) Open Space Committee Joan Bartlett 2007 (subsequent term 3 years) Open Space Committee Charlotte Russell
2008 (subsequent term 3 years) Planning Board Alternate Timothy Grandy 2006
Plymouth Center Steering Bobbi Clark 2008
West Plymouth Steering Robert Morgan 2008
West Plymouth Steering Kenneth Howe 2008
Paul McAlduff moved for the Board to amend the Appointment Procedure to read as follows:
"Applicants are encouraged to submit letters of interest by the Wednesday before the meeting date."
The vote was (4-1) with Mr. Tripp in opposition.
A. D. Makepeace Update
Judy Kohn, Director of Planning for A. D. Makepeace, informed the Board that they are beginning the long filing process with the State for an Expanded Environmental Notification Form (EENF) with the Massachusetts Environmental Policy Act (MEPA) Office. The EENF will include a summary of the overall development project and detailed information of the request for a Phase One waiver for the pilot project of approximately 55 single family units as a result of the TDR from Halfway Pond East. After the review of the waiver request and establishing a scope of review for an EIR, Makepeace will be filing a draft Environmental Impact Report (EIR) and the final EIR within a year. The ENF will be noticed in the Environmental Monitor and the project will be open for public comment from July 9-July 29, 2005.
Lee Hartmann stated that the MEPA process is an information gathering process for State and local boards and officials to make determinations on various projects and how they should or should not grant permits. The Phase One waivers are the result of the Planning Board request, for a pilot program to see how the TDR process works and how we deal with certificates. It is also important to define the scope of the study area, such as intersections, traffic, environmental issues and any other issues that the Board determines should be studied as they go through the MEPA process.
The Board looks forward to the beginning of the process for the A.D. Makepeace properties.
Public Hearing (NEW & cont.) B516, Gunning Point
VOSD/Gunning Point Road
Atty.William Landry requested that the Planning Board readvertise the Public Hearings based on the change in the Planning Board Alternate.
Valerie Massard suggested that we could readvertise and reschedule the public hearings for July 25, 2005.
Jack Dill, requested that the Board vote on the proposed plans.
Malcolm MacGregor moved for the Board to take no action that evening on the definitive plan and the VOSD in order to continue the hearings to July 25, 2005 and to readvertise the hearings so that five voting members would be present; the vote was (4-1) with Loring Tripp in opposition.
The Planning Department will readvertise the public hearings for July 25, 2005.
Public Hearing, B523, Valley View Preserve
RDD/Roxy Cahoon Road
Nicholas Filla read the public hearing notice and opened the public hearing.
Jon Henson, the applicants representative, reviewed the definitive plan for a Rural Density Development located off Roxy Cahoon Road. The plan showed ten new residential lots with adjacent open space. Mr. Henson reviewed the topography of the site and showed several pictures of the site to the Board. The lots would have wells and on site septic systems and have a no clear buffer zone along existing homes and perimeter of the site. Emergency access would be provided between near the front of the site. Mr. Henson also presented the potential building envelopes for the lots.
Don Bracken, Bracken Engineering Inc., reviewed the drainage plans for the site. The utilities would be subsurface and waivers have been requested for roadway improvements, sidewalks and street lights. Mr. Bracken stated that the applicant has requested that a revised plan be submitted to the Board to show a roadway layout to the northwest section of the site in order to create two additional lots for future development. The site is in the Great Herring Pond ACEC area and will trigger a MEPA filing. It is likely that the site will require a stormwater discharge permit. They have done a traffic impact analysis. Mr. Bracken felt confident that he would be able to address the comments submitted by the Town Engineers and Earth Tech.
Valerie Massard reminded the Board that they had approved a preliminary plan for this site and that this project was not subject to the inclusionary bylaw. Ms. Massard stated that some of remaining issues are the disposition of the open space, residential sprinklers, the emergency access, improvements to Roxy Cahoon Road, and whether the homeownerJohn Bearman, an abutter was concerned with altering the terrain of the dingle, with any changes to Valley Road and with the opportunity to disturb the open space at the rear of the site.
Malcolm MacGregor questioned how the drainage system works and would be cleaned and maintained.
Don Bracken replied that the system would have three chambers: the first would settle the particles out of the stormwater, the second would separate gas and oil, the third would further refine the stormwater. Each chamber has manhole access and can be cleaned out.
Malcolm MacGregor was not in support of the proposal suggested by the proponent at the meeting, which would disturb Valley Road.
Paul McAlduff suggested utilizing joint driveways for some of the lots and was in support of requiring residential sprinklers in the dwellings.
Nicholas Filla was not in favor of the potential road through the open space. Mr. Filla also felt that the open space should be defined within the homeownerLoring Tripp agreed with keeping the open space at the rear of the development undisturbed.
Don Bracken stated that this subdivision proposes no sight distance issues on Roxy Cahoon Road. Any road improvements to Roxy Cahoon Road may require permission of the owners.
Loring Tripp suggested that a combination of TDR and development might be another option.
Atty. Bob Betters suggested that the Board continue the hearing in order for the proponents to review the reports from the Town Engineer and Earth Tech that were received today especially regarding improvements to Roxy Cahoon Road.
Loring Tripp moved to continue the public hearing to July 11, 2005 at 8:00 p.m.; the vote was unanimous (5-0).
Public Hearing (cont.), B521, Orchard Hills
RDD/Billington Street
Don Bracken, Bracken Engineering, Inc., reviewed the revised lotting plan for the proposed subdivision. The revised plan shows the relocation of the first lot on the right of the last plan. That area will have a lot line adjustment with the abutter and will be designated as open space. Another lot has been added to the rear of the subdivision in place of the front lot. This also allows for the road layout to be located further southeast, which improves the sight distance. In the open space strip to the left of the proposed roadway, a subsurface leaching system has been relocated. Also, the open space adjacent to Mr. BradyValerie Massard asked for a clarification on proposed road improvements to Billington St. that were suggested by the Town Engineer (widening by 100 ft on either side of the entrance). Ms. Massard was concerned with the impact to adjacent ponds.
Don Bracken, stated that he is not showing any improvements to Billington Street.
Loring Tripp agreed that widening Billington Street in that area would not be appropriate.
Valerie Massard informed the Board that the applicant would need to sign a waiver of timeline if the Board did not vote on the subdivision tonight. Remaining issues other than the technical issues to be incorporated in the final plan, include the emergency access waiver, whether the two roads would be connected, and the installation of residential sprinklers
Atty. Angley requested that the Board continue the hearing for two weeks in order to address the remaining issues.
Loring Tripp moved to continue the public hearing to July 11, 2005 at 8:10 p.m.; the vote was unanimous (5-0).
The Board took a five-minute recess.
BOA 3300, Upland Realty Trust
Industrial Park Rd/Special Permit for Gravel Removal
Bill Shaw, Associated Engineers Inc., presented the request for a special permit for gravel removal for 40 Industrial Park Road. The Board had already approved the site plan for a school on the site located behind the Registry of Motor Vehicles. Approximately 75,000 cubic yards of material would be removed from two locations on the site. At the request of Mr. Rosenblum, Mr. Shaw reviewed the site plan, which shows a secondary entrance road for the school and an additional building at the front of the site. The size of the additional building has not been determined.
Nicholas Filla requested that a landscaped area be added along the driveway to the school.
Paul McAlduff suggested that the gravel should be removed from new driveway only.
Malcolm MacGregor questioned whether the excavation could be eliminated by installing retaining walls and elevating the parking lots.
Mr. Shaw replied that the topography requires some excavation.
Loring Tripp encouraged the applicant to carry the theme of the existing and proposed landscaping throughout the project.
Paul McAlduff moved for the Board to recommend approval of the special permit to the Zoning Board of Appeals subject to the following conditions:
PRIOR TO COMMENCEMENT OF EXCAVATION ON THE SITE:
Petitioner agrees to offer a gift of $0.06 per cubic yard of material ($4,500) towards road maintenance and repair with respect to truck wear and tear on public roadways. Payment to be accepted by the Board of Selectmen on behalf of the Town.
A construction-phasing plan acceptable to the Zoning Board of Appeals must be filed prior to the issuance of a zoning permit.
Conservation Commission approval is required for all work under its purview.
The petitioner shall post a performance guarantee to assure completion of the earth removal. Funds are to be posted in a form acceptable to the Building Commissioner to cover the cost of establishing vegetative stabilization of the exposed areas.
The proponent should be required to post a bond sufficient to ensure that any damage caused to Town roadways will be repaired.
Erosion control measures are to be detailed on a final plan to be submitted to the Building Commissioner. Any exposed banks created by the excavation should be hydro-seeded or otherwise stabilized in a manner acceptable to the Building Commissioner and maintained for three years.
The proposed truck route shall be approved by the Board of Appeals.
Signage designed to warn motorists that trucks are entering and exiting the site should be posted at appropriate locations on roadways that will be affected.
A plan for dust suppression measures shall be submitted to the Building Commissioner for final approval, and shall include, if deemed required, a minimum of 100 feet of bituminous asphalt material on the access road at the intersection with the public roadway being used for ingress/egress to the site, with 50 feet of coarse aggregate material beyond the asphalt on the access road, as well as watering of the roadway as a dust suppression measure.
A limit of 40 truck trips per day shall be imposed.
The excavation and trucking of material and/or noise generated by the excavation and trucking of material shall be limited to Monday through Friday. The hours of operation shall be limited to 7:00 AM to 4:00 PM. No excavation activities shall be permitted on holidays.
The proponent shall loam and seed any portions of the site that are not under construction after earth removal activities have ceased for a period of six (6) months.
Proposed side slopes shall be at a grade of 3:1 or 2:1 with erosion control measures in place.
The petitioner shall be responsible for the clearing of any sand that accumulates on the truck route as a result of the excavation of material on a daily basis.
Monthly statements are to be submitted to the Building Commissioner from a Registered Professional Engineer stating that the conditions of the Special Permit are being followed, and providing tallies of earth removal to accurately determine the amount of gravel being removed.
If all of the above noted conditions are not adhered to the Building Commissioner may cause all excavation work to cease until the problems identified are corrected.
The vote was (4-1) with Malcolm MacGregor in opposition.
BOA 3301, Gerry Olson
Meadow Park Rd/Special Permit to exceed height, modify parking
Nicholas Filla recused himself from this hearing.
Atty. David Delaney presented the request for a special permit to exceed the height limit and reduce the parking to 142 spaces in order to construct an indoor athletic facility. The structure would consist of a steel frame covered by fabric. The property is located opposite Plymouth Airport and the project has been reviewed and supported by the Airport Commission and the West Plymouth Steering Committee (WPSC), although the WPSC did request that the height be reduced.
Bill Shaw, Associated Engineering Inc., presented pictures of a similar building in Worcester and one that is utilized by the New England Patriots.
Valerie Massard stated that staff felt it would be an appropriate site for this type of structure as it would be similar to the hangars at the airport. Ms. Massard also informed the Board that the WPSC suggested earth removal in order to lower the height of the structure.
Mr. Shaw stated that the structure would be at grade and it would not be appropriate to drop the grade.
Lee Hartmann stated that the when the Mr. Shaw replied that this type of structure allows for standard construction, sprinklers, etc.
Larry Rosenblum stated that he would like to know where it can be seen from and the surrounding residents reaction before he could make any judgement.
Mr. Shaw stated that there are no residences that abut this property. The area is in a small industrial area and is isolated. Mr. Shaw suggested that a site walk would be appropriate.
Loring Tripp felt that there is a community need for this type of facility and that this may be an appropriate location. Mr. Tripp suggested that the landscape plan be increased, by adding trees that will exceed the height of the building.
Larry Rosenblum suggested that the applicant raise balloons to the proposed height of the building prior to a site visit.
The Board scheduled a site visit for July 12, 2005 at 6:00 p.m., which will be posted by staff.
BOA 3302, Waterhouse LLC
Crow's Way/Special Permit for earth removal, site prep.
Bill Shaw, Associated Engineers, Inc., presented the request for a special permit for gravel removal and site preparation on property that the Board has already accepted the preliminary subdivision plan for (off CrowValerie Massard stated that special permits would be required at a later date for each building.
Paul McAlduff suggested adding a scale on site for the gravel removal.
Larry Rosenblum was not in favor of issuing a special permit in the absence of a definitive plan.
Malcolm MacGregor agreed with Mr. Rosenblum.
Larry Rosenblum moved to recommend denial of the special permit to the Zoning Board of Appeals; the vote was (2-3) with Mr. MacGregor and Mr. Rosenblum in support. The motion did not carry.
Nicholas Filla suggested the applicant utilize the same type of terracing as the Shops at Five and Camelot Park.
Loring Tripp moved to recommend approval to the Zoning Board of Appeals, subject to the following conditions:
PRIOR TO COMMENCEMENT OF EXCAVATION ON THE SITE:
Petitioner agrees to offer a gift $0.06 per cubic yard of material ($24,000) towards for road maintenance and repair with respect to truck wear and tear on roadways. Payment to be accepted by the Board of Selectmen on behalf of the Town.
The grading plans will be revised to show three terraces at least 10 feet apart in finished elevation as presented by the petitioner at the Planning Board meeting.
Any necessary approvals from: (1) the Town of Kingston and/or (2) the state with respect to grading in the highway layout (if any), are provided to the Board of Appeals.
A construction-phasing plan acceptable to the Zoning Board of Appeals must be filed prior to the issuance of a zoning permit.
Conservation Commission approval is required for all work under its purview.
The petitioner shall post a performance guarantee to assure completion of the earth removal. Funds are to be posted in a form acceptable to the Building Commissioner to cover the cost of establishing vegetative stabilization of the exposed areas.
The proponent should be required to post a bond sufficient to ensure that any damage caused to Town roadways will be repaired.
Erosion control measures are to be detailed on a final plan to be submitted to the Building Commissioner. Any exposed banks created by the excavation should be hydro-seeded or otherwise stabilized in a manner acceptable to the Building Commissioner and maintained for three years.
The proposed truck route shall be approved by the Board of Appeals.
Signage designed to warn motorists that trucks are entering and exiting the site should be posted at appropriate locations on roadways that will be affected.
A plan for dust suppression measures shall be submitted to the Building Commissioner for final approval, and shall include by a minimum of 100 feet of bituminous asphalt material on the access road at the intersection with the public roadway being used for ingress/egress to the site, with 50 feet of coarse aggregate material beyond the asphalt on the access road, as well as watering of the roadway as a dust suppression measure.
The petitionerA limit of 40 truck trips per day shall be imposed.
The excavation and trucking of material and/or noise generated by the excavation and trucking of material shall be limited to Monday through Friday. The hours of operation shall be limited to 7:00 AM to 4:00 PM. No excavation activities shall be permitted on holidays.
The proponent shall loam and seed any portions of the site that are not under construction after earth removal activities have ceased for a period of six (6) months.
Proposed side slopes shall be at a grade of 3:1 or 2:1 with erosion control measures in place.
The petitioner shall be responsible for the clearing of any sand that accumulates on the truck route as a result of the excavation of material on a daily basis.
Monthly statements are to be submitted to the Building Commissioner from a Registered Professional Engineer stating that the conditions of the Special Permit are being followed, and providing tallies of earth removal to accurately determine the amount of gravel being removed.
If all of the above noted conditions are not adhered to the Building Commissioner may cause all excavation work to cease until the problems identified are corrected.
The vote was (3-2) with Malcolm MacGregor and Larry Rosenblum in opposition.
BOA 3298 - STS8 Realty Trust
Taylor Ave/SP convert non-conf. Commercial to Residential
Valerie Massard informed the Board that staff had not received any revised plans. At the last meeting the Board had recommended that the commercial building be demolished and the two proposed units relocated to a different area on the site. The Board also suggested adding more green space at the front of the lot.
Randy Parker, Land Management Systems, Inc., stated that the plans had not changed as relocating the units was not feasible.
Loring Tripp suggested moving at least one of the units away from Taylor Ave.
Mr. Parker stated that they want to demolish the existing building and use the same footprint for the two additional units.
Nicholas Filla suggested making the two units turn the corner and make them identical to the existing structures.
Malcolm MacGregor moved to recommend approval of one unit to the Zoning Board of Appeals, with the new structure architecturally in keeping with what existing dwellings, a reduction in parking and the installation of additional landscaping.
Paul McAlduff moved to amend the motion to two units; the vote was (3-2) with Mr. Tripp and Mr. MacGregor in opposition.
Paul McAlduff moved to recommend approval of two units to the Zoning Board of Appeals subject to the following conditions:
The Petitioner has agreed to satisfy the requirements of the Design Review Board.
Any conditions of the Board of Health must be satisfied.
The Petitioner has agreed to return to the Planning Board for review of final site plans which show reduced parking, landscaping plans which show additional landscaping, and architectural renderings of the two (2) additional dwelling units which shall be in keeping with the other dwelling units that have already been approved on the site and do not necessarily follow the exact footprint of the existing Shore Store, subject to final approval by the Board of Appeals.
All prior conditions in Case 3159 remain in full force and effect.
The vote (3-2) with Mr. Tripp and Mr. MacGregor in opposition.
Administrative:
Hawley Avenue
Valerie Massard stated that no revisions have been received by staff, as the applicant is researching alternatives.
BOA 3278 - Alden Pond Condos (cont.)
SP for condo units on Court Street
Staff had not had a chance to review the plans that were submitted this evening. The Board did receive comments from the Steering Committee.
Randy Parker, Land Management Systems, Inc., reviewed a revised plan that showed a separate curb cut from the commercial site to the North of the locus. (The Steering Committee suggested keeping the existing curb cut and making modifications.) The revised entrance required the relocation of the first unit to the rear of the site, would allow for one building to be pulled away from the wetland area.
Mr. Rosenblum was in favor of the revised entrance.
The Board felt that the submission was incomplete. The plans did not show actual architecturals, any landscaping, lighting, sidewalks, etc.
Larry Rosenblum was concerned that there was no usable pedestrian space and maintenance of the pond has not been addressed.
Mr. Parker stated that a condo association would maintain the pond and the property.
Loring Tripp moved to recommend denial to the Zoning Board of Appeals as the submission was incomplete; the vote was unanimous (5-0).
BOA 3282 Colony Place - Informal Site Plan Review
Office Depot
Valerie Massard stated that the building at Colony Place has already been approved, parking requirements have been met, and the applicant will need to modify the signage permit for a new tenant, Office Depot.
Atty. Edward Angley presented the proposed site plan for Office Depot.
Paul McAlduff moved to recommend approval of the Site Plan to the Zoning Board of Appeals; the vote was unanimous (5-0).
BOA 3297 - Robert Ankstitus
Taylor Ave/SP side setbacks, post facto
Lee Hartmann stated that the Board had reviewed this petition at the last meeting, voted to recommend denial and that the applicant wished to clarify some issues with the staff report. A revised report was submitted. The original structure was destroyed by storms and when rebuilt by a previous owner, it did not conform to the setback requirements. There was an error on a 1998 plan for occupancy, which showed the side setback as 10.3 ft., when it was actually 6.3 ft. Mr. Ankstitus added 2.5 ft to an existing deck in order to move the propane tanks away from the front of the structure.
Loring Tripp moved to reconsider the previous vote; the vote was unanimous (5-0).
Loring Tripp moved to recommend approval of the special permit to the Zoning Board of Appeals with a condition that the decks cannot be enclosed; the vote was unanimous (5-0).
Administrative:
Discussion - 40R Grant Application
The Board and staff discussed the merits of applying for a Chapter 40R grant for Cordage Park or Colony Place.
Loring Tripp moved for the Board to apply for the Chapter 40R grant for Cordage Park; the vote was (3-2) with Larry Rosenblum and Malcolm MacGregor in opposition.
B505 - Pickerel Cove.
Valerie Massard stated that the applicant has requested a 45-day extension of the timeline for endorsement as the plans have been delayed at Land Court.
Paul McAlduff moved to approve a 45-day extension; the vote was unanimous (5-0).
B296 - Ponds At Plymouth: MOU/Escrow/HomeownerValerie Massard requested that the Board take action on the MOU between the Town and the developer regarding the proposed escrow account and gifting the money back to the developer so they can complete the roadwork improvements. Endorsement of the MOU would be subject to the approval by Town Counsel.
Loring Tripp moved for the Board to accept the MOU subject to approval by Town Counsel; the vote was unanimous (5-0).
B528, ANR/RDD - Frank Shaw. ANR plan for signature.
Loring Tripp moved for the clerk to sign the plan; the vote was unanimous (5-0).
Form A's:
A4151 - Pinehills LLC (Winslowe's View), Map 77C, Lots A-123 & A-131 - Subdivide into six lots.
Loring Tripp for the clerk to sign the plan; the vote was unanimous (5-0).
B512, Cedarhill Park/Bond Reduction
Valerie Massard stated that a bond reduction has been requested in the amount of $28,900 for work completed in Cedar Hill Park.
Loring Tripp moved for the Board to release $28,900; the vote was unanimous (5-0).
Paul McAlduff moved for the Board to endorse a lot release for the following lots in the Ponds at Plymouth development: 1019,1021, and 1289; the vote was unanimous (5-0).
Loring Tripp moved to adjourn at 11:30 p.m.; the vote was unanimous (5-0).
Respectfully Submitted,
Eileen M. Hawthorne
Administrative Assistant Approved on: July 25, 2005
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