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Planning Board Minutes July 11, 2005
Planning Board Meeting
July 11, 2005
Minutes

These minutes are not verbatim
Board Members: Loring Tripp, III, Nicholas Filla, Larry Rosenblum, Malcolm MacGregor, and Paul McAlduff.
Planning Board Alternate: Timothy Grandy
Staff Members: Lee Hartmann and Valerie Massard
Recording Secretary: Eileen Hawthorne

Form A's:
A4153 -  Lot line adjustment between Lots 12-32 and 12-56 on Map 91 (539 sf) to create Lots 12-59 (40,341 sf) & Lot 12-60 (39,519 sf)
Paul McAlduff moved for the clerk to sign the plan; the vote was unanimous (5-0).

A4154 - Lot line adjustment between Lots 7-28 and 7-30 on Map 81 (240 sf) to create Lots 7-32 (65,460 sf) & 7-33 (103,869 sf)
Malcolm MacGregor moved for the clerk to sign the plan; the vote was unanimous (5-0).

A4155 - Subdivide Lots 34F-1 and 34F-13 into three lots; 34F-17 (59,696 sf), 34F-16 (79,627 sf) and 34F-15 (83,373 sf).
Nicholas Filla requested that the retaining wall at the rear of the properties be shown on the plan and that maintenance responsibility for the wall be defined.   
Valerie Massard suggested the maintenance responsibility could also be defined in the deeds for each lot.   
Malcolm MacGregor moved for the clerk to sign the plan once the wall has been added and the maintenance responsibilities have been defined; the vote was unanimous (5-0).

Six Ponds Presentation                                          
Water Quality Sampling
Leighton Price and Richard Stabile gave a presentation on monitoring the water quality of ponds in the Town of Plymouth.
In several of the ponds tested, it has been determined that road runoff is contributing to high levels of sodium.  Other ponds are experiencing high levels of nitrates.  Two methods have been used to collect the samples; YSI and bottle sampling.  Continued water sampling is suggested.  It was suggested that road runoff be directed into a system that would filter and purify the runoff.    
Nicholas Filla asked if the study would continue.
Mr. Price replied that the Town does not have the funds to continue the study, but the DPW has hired an Environmental Engineer.  
Larry Rosenblum recommended that the presentation be made to the Gravel Roads Committee.    
Malcolm MacGregor suggested Stearns & Wheeler as another source of data on water quality.  
Valerie Massard stated that ground water quality is another area that should be studied.
Loring Tripp requested that the Town work with the State to address the issue of water quality related to State facilities, roads, and projects.    
Ms. Massard stated that EPA was interested in how local communities are dealing with water pollution and she would follow up with EPA.     
Nicholas Filla suggested that a workshop be scheduled for other committees.
Malcolm MacGregor suggested that the Aquifer Protection Bylaw is a place that may be able to address the water quality issues.
Ms. Massard stated that Horsley & Witten is already working on reviewing the bylaw.  
        
Public Hearing - B476, Mill Pond Landing                                
        Remand
Nicholas Filla read the public hearing notice and opened the public hearing.
Lee Hartmann stated that the remand was a result of an appeal of a denial by the Board to lift the age-restriction on five of the nineteen lots approved under a Definitive Subdivision and RDD Special Permit.  The developer had offered a gift of $40,000 to the School Department in lieu of the age restriction.  Town Counsel has advised that the State has an exemption that allows for elderly housing provided that the proposed community consists of structures constructed expressly for housing persons and over; the housing is contiguously located; and the housing is on a minimum of five acres.  During an executive session conducted by the Board regarding the pending litigation, the Board voted unanimously to remove the age-restriction and accept a gift of a minimum of $38,000 for school capital expenditures.  
Loring Tripp moved to close the public hearing; the vote was unanimous (5-0).
Loring Tripp moved to modify the conditions of the Definitive Subdivision and the RDD Special Permit for B476, Mill Pond Landing by eliminating the following condition:
The applicant has agreed, through provisions in the applicable deeds, to impose a restriction on five (5) lots within Mill Pond Landing requiring that each of said lots to be occupied by at least one permanent family member that who is fifty-five (55) years of age or older.
And replacing it with:
As proposed by the Applicant, the Applicant will donate a minimum of $38,000.00 to the Town for school capital expenditures.  The Applicant shall deposit said funds with the Town in a lump sum within 30 days of expiration of the 20-day appeal period.
All other conditions remain in full force.
The vote was unanimous (5-0).

Presentation - Goody, Clancy Associates                 
        State Grants/TDR
Lee Hartmann informed the Board that the Planning Department has received $30,000 in grant funds to study the next level of TDR.  Makepeace and EOEA have each granted $15,000.   The funds would be utilized to study three test sites within the Town.  The test sites would be used for study purposes only, no development is currently proposed on any of the proposed test sites.  The study would determine what language is necessary to make the TDR feasible on the three specific sites and how the TDR would be utilized for other sites.   Mr. Hartmann suggested four sites as the test sites (the owners have been contacted): the British Beer Company property in Cedarville; Manomet Plaza (two sites that don
David Spillane, Goody, Clancy, & Associates, stated that the practical issues of determining a sending and receiving area are complex, especially when there is different ownership.  Mr. Spillane suggested that the three test sites would be analyzed as to feasibility, density, height restrictions, environmental issues, public safety issues, marketability, etc.
Larry Rosenblum questioned the relationship to the Chapter 40R study.
Lee Hartmann replied that the Chapter 40R study includes a component for TDR's, but is a separate process.
Loring Tripp moved for the grant funds to be utilized to study Colony Place, the Manomet Plaza, and British Beer Company property; the vote was (4-1) with Mr. MacGregor in opposition.

Public Hearing (cont.) B523, Valley View Preserve               
        RDD/Roxy Cahoon Road
        (Administrative:  Wildflower Lane - Field Change)
Atty. Robert Betters reviewed a letter submitted to the Planning Board that addressed the Board's remaining issues with the Valley View Preserve Subdivision.  The developer has agreed to pave a portion of Roxy Cahoon Road and provide drainage if necessary from the existing pavement to the entrance of the proposed subdivision (approximately .6 miles).  The developer has requested one additional lot within the subdivision, to eliminate the emergency access, and to eliminate residential sprinklers as the improvements to Roxy Cahoon Road would be a substantial public benefit.   The developer has also agreed to eliminate the non-buildable lot at the end of the cul-de-sac and to incorporate that lot into the open space parcel; the open space parcel would be offered as a donation to the Town for conservation purposes.
Valerie Massard agreed that the letter addressed all the outstanding issues.
Loring Tripp moved to recommend approval of the definitive subdivision and the RDD Special Permit subject to the following conditions:
The Petitioner agrees to waive its right to further subdivide the lots shown on the definitive subdivision plan, pursuant to the provisions of Massachusetts General Laws, Chapter 41, through a deed restriction on the lots, and this shall be noted on the plan.  The term "subdivided" shall include the process of division of the lots into parcels by means of a plan not requiring approval under the subdivision control law.  Notwithstanding this provision, the Planning Board may endorse the relocation of any lot lines when consistent with the intent and purpose of this restriction.  Said restriction shall be in place prior to the issuance of building permits.
The Petitioner 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.  Said stakes are to remain in place until such time as a Certificate of Occupancy is issued.
The minimum traveled way width shall be twenty (20) feet.
The Petitioner has agreed to pave that portion of Roxy Cahoon Road from the termination of the existing pavement to the entrance to the proposed subdivision, which constitutes approximately .6 to .7 miles.  The pavement would be installed within the existing fifty (50) foot layout of Roxy Cahoon Road, to the same width and depth as the pavement that presently exists at the termination of the paved portion of the roadway.  In conjunction with the new pavement, the Petitioner will also provide drainage within the existing fifty (50) foot layout of Roxy Cahoon Road, if necessary.  The plans for said improvements (including any proposed drainage) must be submitted by the Petitioner to the Town Engineer for review, subject to final approval of the Planning Board, prior to initiation of the roadway work.  Said plans shall include depiction of any existing permanent address markers, sidewalks, utilities and street lights that may be impacted by such work, or, if acceptable to the Planning Board, a pre-construction video or digital camera walkover with the Planning Board and the Department of Public Works may serve as an alternative to depicting these items on the plans.  The Petitioner shall repair any damage to such existing permanent address markers, sidewalks, utilities and street lights as a result of paving and improvements to the roadway under the conditions of this decision.  The Petitioner agrees to pay the costs of the mailing and notification of the neighbors of the future Planning Board public hearing or meeting when said road improvements are to be reviewed, if needed.  Such work shall be completed prior to the issuance of the sixth (6th) Certificate of Occupancy on the lots within the subdivision.  
Conditional upon the payment of the back taxes, interest and fees owed to the Town for the land shown on the definitive subdivision plan, if any.  Verification of payment is to be provided to the Planning Board prior to endorsement of the definitive subdivision plan.
Prior to endorsement of the definitive subdivision plan, the plan will be revised to detail the conditions of the approval, as needed, and notes specifying the conditions will be incorporated into the plan or the decision will be recorded at the Plymouth County Registry of Deeds with the plan.  The Petitioner shall provide revised drainage calculations, drainage structure details, and shall address the concerns of the Town Engineer, Fire Chief and the Planning Board
A Street Opening Permit is required from the Town Engineer
Prior to issuance of a building permit:
a.      Four (4) sets of full sized copies of all drawings comprising the RDD Definitive Plan with one complete set of reproducible plans (mylars) will be delivered to the Planning Board and one (1) electronic copy of the plans shall be delivered in a format acceptable to the Town Engineer.
b.      The Petitioner agrees to record a Restrictive 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 homeownerRestrictive Covenant is to be presented to the Planning Board.  
c.      The 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 homeowner
d.      Reference to said maintenance program shall be contained in the individual deeds for the residential lots in the subdivision.  Deeds shall be reviewed prior to a lot release being granted by the Board.
e.      Evidence that Restrictive Covenants on the land have been recorded must be presented to the Planning Board, which will include but not be limited to the following provisions:
(I)     The Petitioner has agreed to waive his right to any further residential development of the premises that results in a more intense or dense use, regardless of any local, state or federal criteria to the contrary, pursuant to the provisions of Massachusetts General Laws, Chapters 40A and 41, and this shall be noted on the plan, as well as incorporated into the Restrictive Covenants.
(II)    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.
(III)   The Restrictive Covenants will include language with respect to tree cutting on open space or no-cut buffer areas (if any are located on lands owned or managed by the homeowners association) which will impose a fine of $100 per day for the first thirty (30) days and a $200 per day thereafter, for any tree cutting other than removal of hazardous or diseased trees in these areas.
The Planning Board notes that the proposed roadway with waivers is not built to the standards of the Subdivision Rules and Regulations, and the Petitioner therefore should not expect that the road will be accepted by the Town as constructed through this approval.  This shall be noted in the individual deeds for the residential lots in the subdivision.
Prior to the issuance of an Occupancy Permit for any individual lot, the Petitioner shall:
a.      Install individual lampposts on each individual lot within thirty (30) feet of the access drive.
b.      Offer ownership of the open space to the Town of Plymouth for conservation or recreational purposes, and in the event that the land is not accepted at Town Meeting, the Petitioner shall offer ownership of the open space to a land trust or other similar non-profit organization acceptable to the Planning Board, in either case with a permanent conservation restriction placed on the land.
c.      Prior to the issuance of the sixth (6th) Certificate of Occupancy on these lots, the Petitioner shall provide concrete bounds at appropriate open space corners as approved by the Planning Boar
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 for the definitive subdivision plan; and
b.      The Special Permit decision.
Larry Rosenblum moved to amend the conditions to include the installation of residential sprinklers; the vote was (1-4) the motion did not carry.
The vote to approve the Definitive Subdivision and the RDD Special Permit was unanimous (5-0).

Administrative - Wildflower Lane
The developer has requested a field change for the installation of cast iron grates for the catch basins.  The Town Engineer and the Earth Tech are aware and in support of the change.
Loring Tripp moved to accept the field change as presented; the vote was unanimous (5-0).

Public Hearing (cont.), B521, Orchard Hills                     
        RDD/Billington Street
Valerie Massard stated that this proposed subdivision has similar issues as the above-mentioned subdivision in regards to emergency access and/or the installation of residential sprinkler systems.
Atty. Edward Angley informed the Board that the developer plans to create emergency access.    
Ms. Massard stated that there are two potential layouts for the emergency access: one would connect the two cul-de-sacs and the other would connect to Holman Road (if additional property were acquired).  The emergency access would be defined for the Board prior to the endorsement of the plans.  The developer is willing to install hydrants within the subdivision in lieu of residential sprinklers as the property is in relatively close proximity to two fire stations.  There is also a question of whether the site would have access to Town water (off Billington Street or Holman Road) or would require the installation of wells.   
Malcolm MacGregor was concerned with the amount of excavation that would be required to provide emergency access through Holman Road.  
Loring Tripp suggested that the water and emergency access issues should be resolved before the Board votes on the subdivision.
Atty. Angley agreed to submit a waiver of timeline in order for the developer to address the water and emergency access issues.    
Larry Rosenblum moved to continue the public hearing to July 25, 2005 at 7:45 p.m.; the vote was unanimous (5-0).

BOA  3305, Daniel & Susan Silva                                 
        Taylor Ave/SP to vary side and front setbacks
Valerie Massard presented the request to vary the side and front yard setbacks for a deck that was constructed prior to filing for permits.  Staff although not in support of a post facto filing, felt that the deck is of appropriate scale.    
Loring Tripp moved to recommend approval to the Zoning Board of Appeals subject to the following conditions:
The deck shall not be enclosed or improved for year-round use, or altered, without additional review by the Board of Appeals.
The requirements of the Conservation Commission must be met by the Petitioner within one (1) year of the date of this Special Permit.
The Building Commissioner should assess and collect any appropriate late filing fines associated with this structure.  The Petitioner shall make payment of any said fines within sixty (60) days of the date of this Special Permit.
The petitioner shall pay for the Town
The vote was (4-1) with Larry Rosenblum in opposition.

Timothy Grandy, Planning Board Alternate joined the meeting.

Conceptual Review                                                       
        Medical Building & Gym
Atty. Robert Betters presented two proposed projects in the Cedarhill Park Subdivision.   Both projects will require special permits from the Zoning Board of Appeals, and the applicants will return to the Planning Board during that process with detailed elevations.  The first conceptual review was for a medical office building on Property owned by Timeless Advances LLC.  A two-story building  (consisting of approximately 24,000 s.f.) is proposed for a dental office and other medical offices.  
Steve Kotowski, Webby Engineering Inc. presented the site plan.  Mr. Kotowski reviewed the site grading,  parking plan (120 spaces), drainage, and landscaping.  The site would have two septic systems and be serviced by Town water.  There would be two water lines, one for drinking water and one for a sprinkler system.  The applicant has met with the Cedarville Steering Committee who suggested landscape buffering along the rear of the site and the sides of the site.  
Nicholas Filla suggested reducing the parking and adding more landscaping.
Mr. Kotowski stated that the applicant feels the proposed parking is what is needed, but he would review the landscaping.    
Paul McAlduff suggested adding a few cedar trees.
Malcolm MacGregor suggested reducing the size of the building in order to reduce the parking requirements and allow for more landscaping.
Valerie Massard requested that the engineer review the setback requirements.
Atty. Betters began the presentation for the second project, which is similar to the first.  This project would have two buildings on one site, connected by a breezeway.  One building would house a gymnasium and the other would house a pool.
The Board had similar concerns as to the over design of the site, parking, landscaping, grading, etc.  
Mr. MacGregor was concerned with the view of the back of the building from Route 3.    
Mr. Kotowski stated that the building could not be moved toward the front of the site, as there is an electrical easement, which cannot have any structures built within, but can be paved.   
Nicholas Filla requested that when the applicant returns to the Board during the special permit process, that a plan be submitted that shows the entire subdivision.  

BOA 3304 - James LaCava                                         
        State Rd, Village Gate/SP to change/expand non-conforming
Nicholas Filla recused himself from this hearing.
Atty. Edward Angley began the presentation for the request for a special permit to change and expand a non-conforming structure.  The applicant has reviewed the project with the Manomet Steering Committee, who supported the project.  The four existing dwellings would be demolished, one curb cut would be eliminated and a single landscaped entrance would be constructed, and six three-bedroom units would be constructed on the site.  The applicant has suggested making one unit affordable.
Paul McAlduff moved to recommend approval of the special permit to the Zoning Board of Appeals subject to the following conditions:
All drainage shall be contained on site to meet the requirements of the Building Inspector and Town Engineer.
The Petitioner has agreed to make one (1) of the six new units affordable.  The affordable component is voluntary for this project as proposed.  Said unit shall be constructed in a manner consistent with Section 205-71, specifically 205-71A(2) Intent, 205-71C(7) Affordable Unit Standards and 205-71C(8) Inclusionary Housing Agreement.
Prior to issuance of a building permit, a final landscaping plan, architectural plan and site plan shall be submitted for review by the Planning Board and Design Review Board subject to final approval by the Board of Appeals:  
a)      Said plan will depict street plantings and entrance landscaping with respect to sight distances on State Road to ensure that adequate visibility is provided (or is at least no less than existing visibility conditions), prior to installation of any landscaping at the site.  If visibility easements are required, the plans shall be revised to reflect such easements.
b)      Said plan will show utility easements. The petitioner shall convey rights to maintain and repair or own utilities including water lines and hydrant to the Town prior to issuance of a Building Permit.
c)      If a trash receptacle is used on the site, it is to be located and screened from the public view.
d)      The site plans (dated April 30, 2005 and prepared by Flaherty & Stefani Inc. of Plymouth, Massachusetts) indicate that the proposed units will consist of two (2) bedrooms each for a total of twelve (12) bedrooms, to be serviced by a new septic system.  The
e)      More detail with respect to note number 8 on the Site Plan
f)      Detail with respect to pavement tie-in to State Road shall be provided, and any existing monuments, street lights, utility poles or other markers shall be shown on the plan in the vicinity of the curb cut closure and re-designed new curb cut.  Petitioner shall be responsible for repair or replacement of any such markers as a result of the work subject to this Special Permit.
g)      A maintenance plan for the site, including drainage, common drives and associated improvements, septic systems and landscaping will be provided.
All plantings shall be subject to a 2-year performance requirement after installation (which shall re-instate if replacement plantings are installed), and the Petitioner shall be responsible for any replacements needed in that 2-year time period.
A Condominium Association shall be created and incorporate annual assessment for roadway maintenance, snow plowing, landscaping, drainage, wastewater treatment and other areas of common interest and concern.  The Homeowners/Condominium Agreement shall also incorporate provisions regarding the ownership and maintenance of the common landscaped/natural areas.
The roadway network, including drainage structures, located within the proposed project shall remain private.
Prior to issuance of an Occupancy Permit, a Registered Landscape Architect or other qualified licensed professional must certify to the Building Inspector that the required landscaping has been properly installed in accordance with the approved site plan, the Zoning Bylaw and acceptable landscape practices.
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.
The vote was unanimous (4-0).

BOA 3303 - J. Stephen Bjorklund                                 
        Lighthouse Ave/modification of SP 3136
Valerie Massard presented the request for a modification of a special permit previously granted by the Zoning Board of Appeals.  The special permit allowed for the reconstruction of a single family dwelling that burned to the ground.  The modification is to relocate the house on property under agreement by the applicant.  Ms. Massard was concerned that the whether the use is not substantially more detrimental, whether the lots are currently under common ownership, the location of a right of way, and the need to have a non-conforming structure with the additional land
Mr. Bjorklund stated that the reason for the relocation is to be closer to the beach in order to keep an eye on his children.  The modification is required for the setbacks for the proposed decking.  Mr. Bjorklund stated that the abutting properties couldn't be built on.
Nicholas Filla suggested that the applicant submit a Form A plan to combine the small lots into one lot.  Mr. Filla was concerned with the right of way shown as Fort Street on the plan and whether the applicant had the right to discontinue the right of way.
Loring Tripp moved to recommend approval to the Zoning Board of Appeals, subject to the following conditions:
Any work under the purview of the Conservation Commission will require permits (or revisions to existing permits), and such permits shall be in place prior to issuance of a Building Permit.
The site plan shall be revised to accurately depict the right-of-way (Fort Street) with respect to the proposed house site, to the satisfaction of the Building Inspector, prior to issuance of a Building Permit.
The site plan shall be revised to accurately depict the flood hazard areas prior to filing with the Conservation Commission.  
The Petitioner shall provide a certificate of elevation to the Town Conservation Commission and Building Inspector prior to issuance of a Building Permit.
As agreed by the Petitioner, there shall be no transfer of land, further development for the purposes of additional dwellings, or subdivision of the lots subject to this petition.  This shall be noted on the plans and the plans will be recorded with this Special Permit, and evidence of said recording at the Plymouth County Registry of Deeds is to be provided to the Board of Appeals prior to issuance of a Building Permit.
All prior conditions remain in full force and effect.
The vote was (4-1) with Nicholas Filla in opposition.

Minutes:
Minutes of June 13, 2005
Loring Tripp moved to approve the minutes of June 13, 2005 as presented; the vote was (4-0) with Paul McAlduff in abstention.

Administrative:
B453 - Tower Hill - Bond Reduction
Lee Hartmann presented a request for a bond reduction for the completed Tower Hill subdivision.   
Paul McAlduff moved to release the remaining funds in the amount of $14,850.00 plus accrued interest; the vote was unanimous (5-0).  

Valerie Massard presented a request for lot releases in the Pinehills Development.
Loring Tripp moved to release lots A-125, A-157, A-158, S-121 and S-122 in the Pinehills Development; the vote was unanimous (5-0).
REMINDER:  ON - SITE  - Tuesday, July 12, 2005 at 6:00 p.m., Meadow Park Road, (meet at the School Department Building, 253 South Meadow Road)

Loring Tripp moved to adjourn at 9:55 p.m.; the vote was unanimous (5-0).

Respectfully Submitted,



Eileen M. Hawthorne
Administrative Assistant                                Approved on:  August 8, 2005