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Planning Board Meeting
July 25, 2005
Minutes
These minutes are not verbatim - they are the secretary's interpretation of what took place at the meeting. - Open Meeting Law - Section III.
Board Members: Loring Tripp, III, Nicholas Filla, Larry Rosenblum, Malcolm MacGregor, and Paul McAlduff.
Planning Board Alternate: Timothy Grandy
Staff Members: Lee Hartmann and Valerie Massard
Recording Secretary: Peggy Fitzgibbons
Form A's:
A4155 - Subdivide Lot 13F-1 & 13F-13 on Map 89 into Lots 34F-15 (1.91 Acres), 34F-16 (1.83 Acres) and 34F-17 (1.37 Acres)
Loring Tripp moved for the clerk to sign the plan; the vote was unanimous (5-0).
A4158 - Lot Line Adjustment between Lots 7 & 7A on Map 14, to create lots 7B (.49 Acres) & 7C (.38 Acres)
Loring Tripp moved for the clerk to sign the plan; the vote was unanimous (5-0).
A4156 - Subdivide Lot 59-8 on Map 69 into three lots - Lot 59-17 (25907 sf), 59-16, (130,931 sf) and 59-15 (175,031 sf)
Paul McAlduff moved for the clerk to sign the plan; the vote was unanimous (5-0).
A4159 - Combine Lots 14K-112 (2.63 Acres) & 14K-152 (9.41 Acres) on Map 104.
Larry Rosenblum moved for the clerk to sign the plan; the vote was unanimous (5-0).
A4157 - Combine Lots 32 (5.077 Acres), 4 (25.849 Acres), & 4B (4.554 Acres) on Map 84 and subdivide into Lots 32-1 (30,926 Acres) and 32-2 (17,995 sq. ft.)
Loring Tripp moved for the clerk to sign plan; the vote was unanimous (5-0).
D. Makepeace Workshop
Judy Kohn, presented the plans for the proposed Wareham Road Mixed Use Development. The development is being designed around various natural resource areas. The units would be a mixture of single family, townhomes, condos, one-bedroom apartments, and commercial uses. Makepeace is working with the State to complete the MEPA process with a waiver for Phase One. A draft Environmental Impact Report will be filed by the end of this year. Makepeace is also working with Mass. Natural Heritage and Mass. Historic Commission.
Lee Hartmann advised the Board and the audience about the Scoping Session to be held in Town Hall on Friday, July 29, 2005, at 10:00 a.m. The purpose of the session is to give the State public comment as to the scope of the MEPA study. The State takes written and verbal comments at the Scoping session.
Mr. Tripp asked the A. D. Makepeace Company to consider a mix of housing types in Phase One. ~He also suggested creating lots with zero lot lines, utilizing shared septic systems in Phase 1, and adding an affordable housing component.~ Mr. Tripp was concerned with the density of the project and suggested developing a system to track how development occurs and its positive and negative impacts. Mr. Tripp suggested that Natural Heritage be invited to make a presentation to the Board on their evaluation process and any issues related to this project.
Administrative
B518 - Nye Acres - Street Name Approval
Papa's Hollow
Valerie Massard presented the request for "Papa's Hollow" as the street name for Nye Acres condos.
Larry Rosenblum moved to approve "Papa's Hollow" as the street name for the road leading to the condos; the vote was (1-4) with Mr. Rosenblum in favor. The motion did not pass.
B512- Cedarhill Park
Valerie Massard presented a request for a bond reduction in the amount of $41,600.00 for work completed in Cedarhill Park.
Loring Tripp moved to release $41,600.00 from the bond being held for B512 - Cedarhill Park; the vote was unanimous (5-0).
Other Discussion
Long Pond Road Sewer Committee
The Board reviewed the memo to the Board of Selectmen and the School Committee which was included in their packets in regards to the Long Pond Road Sewer Study. The memo outlined the responsibilities and charges of the committee and the membership of the committee.
Loring Tripp moved to recommend approval of the memo; the vote was unanimous (5-0)
Malcolm MacGregor moved to nominate Loring Tripp to the position as the Planning Board's representative; the vote was unanimous (5-0).
Minutes:
Minutes of June 27, 2005
Loring Tripp moved to approve the minutes of June 27, 2005 as presented.
Larry Rosenblum moved to amend the motion to insert his comments regarding the appointment process of alternate members and the discrepancy in the time of the deadline; the vote was (2-3). The motion did not pass.
Loring Tripp moved to accept the minutes of June 27, 2005 as submitted; the vote was (4-1) with Larry Rosenblum in opposition.
Public Hearing - B506, Tara Woods
Modification of RD Special Permit
Nicholas Filla read the public hearing notice and opened the public hearing.
Attorney Betters reviewed the original submission requesting 38 lots. During the permitting process the Board requested the addition of affordable units and agreed to two additional lots (40), provided four lots were designated for affordable housing.
Mr. Ferioli requested that the Board modify the RD Special Permit to eliminate the affordable units and return to the original density of 38 lots. The costs associated with the land, construction and labor make the affordable units cost prohibitive.
Paul McAlduff reminded the Board that Mr. Ferioli had already offered to contribute $1,000.00 per unit for a senior center.
Nick Filla suggested that Mr. Ferioli reduce the lot sizes or donate the land for affordable housing to one of the affordable housing agencies.
Paul McAlduff moved to close the public hearing; the vote was unanimous (5-0).
Larry Rosenblum moved to approve the modification of the special permit with a reduction to 38 units, subject to the following condition:
The petitioner has agreed to donate the sum of Two Thousand and 00/100 ($2,000.00) Dollars per unit up to a maximum of Seventy Six Thousand and 00/100 ($76,000.00) Dollars at the time of issuance of a building permit for that unit, to be used towards a recreation fund administered by the Town of Plymouth that will support future capital funding costs of a senior center within the Town of Plymouth. This amount includes the $38,000 referenced in Condition No. 1 of the original Special Permit.
All prior conditions for the original special permit remain in full force and effect.
The vote was unanimous (5-0).
Public Hearing (cont.), B516 Gunning Point
Paul McAlduff moved to continue the public hearing for B516 - Gunning Point to August 22, 2005 at 7:30 p.m. as a new public hearing has been advertised for that date and the abutters have received notification of a continuance and a new hearing; the vote was unanimous (5-0).
Site Plan Review
South Meadow Road/60x80 steel building
Lee Hartmann presented the site plan for the construction of a 60Loring Tripp moved to recommend to the Building Commissioner that the site plan complies with the requirements of the Zoning Bylaw after the following issues are addressed:
The applicant is encouraged to eliminate a parking space in the middle of the rear parking and replace it with landscaping. The applicant should consider adding an additional tree to the southern lot corner (facing South Meadow Road).
The applicant has agreed to replace the Hatfield Yews with 7 Black and White Pine as shown on a plan to be forwarded to the Building Commissioner.
Prior to issuance of an occupancy permit a Registered Professional Engineer must certify that the drainage system, drive ways, curbing and parking areas have been installed according to accepted practices and in compliance with the Zoning By-law and the approved site plan.
Compliance with the Prevention of Light Pollution Zoning Bylaw must be documented.
A Registered Landscape Architect or other qualified licensed professional must certify to the Building Commissioner prior to the issuance of a final occupancy permit that the required landscaping has been installed in accordance with: the approved site plan, the Zoning Bylaw, and acceptable landscape practices.
The Town Engineer must approve the drainage design and system.
Trash Receptacles should be screened by landscaping or a decorative wooden fence.
To construct the proposed driveways, a curb cut permit is required from the Department of Public Works.
The vote was unanimous (5-0).
Public Hearing (cont.), B521, Orchard Hills
RDD/Billington Street
Don Bracken, Bracken Engineering, Inc., presented a revised plan that detailed the emergency access for the subdivision known as B521 Attorney Edward Angley stated that the emergency access road is being installed in lieu of residential sprinklers.
Malcolm MacGregor moved to close the public hearing; the vote was unanimous (5-0).
Loring Tripp moved to approve the RDD Special Permit and grant the waivers 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 Rural Density Development entitled 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.
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 submitted by the Town Engineer, Fire Chief and the Planning Boarditems will include, but are not limited to: landscaping and screening at the open space lot where Orchard Hill Road abuts Lot 39; reconfigured open space buffer on the northeast property line to reflect that shown on the plan entitled A Street Opening Permit is required from the Town EngineerPurrington Way will be re-named, to either Purrington Path, Purrington Trail, or Purrington Drive or another acceptable road name will be included on the plans as approved by the Fire Chief and Town Engineer.
Sight distances on Billington Street shall be adequately addressed to the satisfaction of the Planning Board prior to endorsement of the plans.
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 and on the plans.
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.
Prior to issuance of a building permit, 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.
Prior to the first lot release other than for a model home:
a. Copies of the b. The Petitioner shall provide concrete bounds at appropriate open space corners as approved by the Planning Board.
c. The petitioner agrees to create a homeowner's association to which it will convey all drainage facilities (whether by easements or fee ownership) and appurtenances, drainage lots, open space and roadways which will be maintained by the homeowners association.~ Petitioner will record a "declaration of covenants, restrictions and easements"~detailing a maintenance program for stormwater facilities at the road, drainage lots, open space or roadway areas to be maintained by the homeownerpresented to the Planning Board.
i. The Rural Density Development entitled ii. 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. Provisions on the open space lots and no-cut buffer areas within the RDD subdivision, in a form acceptable to Town Counsel. Said provisions shall limit the uses of said open space for conservation and recreation, with an allowance for maintenance and permitted recreational uses subject to plans approved by the Planning Board, or its appointed representative(s). The use of the designated open space on Lots 15-18 and 15-17 is for walking trails, footpaths, horse trails and conservation, with an allowance for drainage as shown on the plans.
iv. Provisions for tree cutting on open space or no-cut buffer areas (if any are located on lands owned or managed by the homeowners association) will be addressed. The homeowners association may 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.
Reference to said maintenance program (Condition No. 12b) 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.
Prior to the issuance of an Occupancy Permit for any individual lot, the PETITIONER shall:
a. Provide a final landscape, signage and lamppost plan which will be submitted to the Planning Board for approval, including the entry to the RDD development.
b. Individual lampposts will be installed on each individual lot within thirty (30) feet of the access drive.
CONDITIONS OF THE MODIFICATION AND APPROVAL OF THE DEFINITIVE PLAN:
The Petitioner agrees to the endorsement of the plans and profiles within 120 days from the date of approval, or in the case of an appeal, endorsement of the plans and profiles within 120 days of the settlement of an appeal, or such additional time as the Planning Board may allow.
Conditional upon the provisions of a performance guarantee in the form of a covenant duly executed and approved, to be noted on the plans and recorded with the Plymouth County Registry of Deeds. Said form of guarantee may be varied from time to time by the Petitioner with mutual agreement on the content of said guarantee by the Petitioner and Planning Board without amendment or modification of this approval.
The Petitioner agrees to complete all ways and the installation of all municipal services in accordance with the applicable rules and regulations of the Board within two (2) years from the date of endorsement. Upon a finding by the Planning Board that the construction of all ways and the installation of all municipal services has not been completed with two (2) years, the approval of the plan may be rescinded by the Planning Board.
The Petitioner agrees that it will guarantee to protect, repair, replace, and where necessary, and upon written acceptance by the Planning Board, redesign the works constructed and submit revised plans and profiles for the Planning Board's approval and for recording at the Plymouth County Registry of Deeds so that said works actually carry out the purposes for which they were intended. Said repair, replacement, or redesign will be based upon experience in the field, which demonstrates the existing construction and/or design to have been improperly installed or wholly inadequate.
Per the subdivision Rules and Regulations, the applicant is required to submit as-built plans.
The vote was unanimous (5-0).
Update on Commerce Park
Attorney Robert Betters informed the Board that the EENF has been filed for Commerce Park, a mixed use development for which the master plan process has been approved under a special permit by the Zoning Board of Appeals, Case #2946. StaffMike Vogel addressed the comments by the DPW in regards to sewer lines, road construction, and the traffic light on Route 44. DPW is requesting substantially more work than what was agreed to in the Special Permit process.
Nick Filla requested that the DPW Director come before the Planning Board and review the requested changes.
Larry Rosenblum moved to invite the DPW Director (with notice to the Town Manager) to the Planning Board meeting; the vote was (5-0).
Loring Tripp moved to adjourn at 9:40 p.m.; the vote was unanimous (5-0).
Respectfully Submitted,
Peggy Fitzgibbons
Administrative Assistant Approved on: August 15, 2005
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