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Planning Board Minutes November 21, 2005
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
A4173
The applicant submitted a letter withdrawing the ANR plan and will return with a revised plan at a future date.

Minutes:
November 7, 2005
Paul McAlduff moved to approve the minutes of November 7, 2005 as presented; the vote was unanimous (5-0).

Lee Hartmann presented a request to issue a certificate of compliance for Armstrong Road subject to the deposit of $2000 to guarantee the installation of loam and seeding.
Paul McAlduff moved to approve; the vote was unanimous (5-0).

Public Hearing  - Lighthouse Cove/Summer Ridge          
Summer Street/Pilgrim Hill Road
Nicholas Filla read the public hearing notice and opened the public hearing.  
Atty. Betters presented the definitive subdivision plan for
Lee Hartmann stated that the plan creates a small stub road opposite Morton Park Road.  Mr. Hartmann suggested that the buffer area should be shown on the plan and that a condition be added that any road construction must meet the subdivision standards as set forth in the Subdivision Rules and Regulations.   
Malcolm MacGregor moved to close the public hearing and approve the modification and definitive subdivision plan subject to the following conditions:
Any road construction must comply with the standards of the Town of Plymouth Planning Board
The Applicant 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.
Conditional upon the provisions of a performance guarantee in the form of a covenant duly executed and approved, to be noted on the plan and recorded with the Plymouth County Registry of Deeds.  Said form of guarantee may be varied from time to time by the Applicant with mutual agreement on the content of said guarantee by the Applicant and Planning Board without amendment or modification of this approval.
The Applicant agrees to complete all ways and the installation of all municipal services in accordance with the applicable rules and regulations of the Planning 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 within two (2) years of the approval, the plan may be rescinded by the Planning Board.  
The Applicant 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.
Prior to endorsement of the plans:
Conditional upon the payment of the back taxes, interest and fees owed to the Town for this property, if any.
The plans and drainage designs will be revised subject to final approval by the Planning a Board prior to endorsement of the plans, and shall address the concerns of the Town Engineer/DPW as outlined in the memorandums dated April 15, 2005 and September 6, 2005 to the satisfaction of the Planning Board.
The plans shall make reference to the Special Permit.
The road name
Prior to the issuance of a Building Permit:
As required per the Subdivision Rules and Regulations evidence shall be provided to the Planning Board that the instrument creating the landowner
As required per the Subdivision Rules and Regulations four (4) sets of full size copies of all drawings comprising the 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.
The vote was unanimous (5-0).

Public Hearing (cont.)
        VOSD/Gunning Point Road
Atty William Landry recapped the history of the project which began as an eight lot ANR plan and then was filed under the Village Open Space Development (VOSD) bylaw.   There were some issues regarding the wetlands and uplands and road design and drainage.  The applicant has completed the ANRAD process and defined the wetlands and redesigned the road layout.  The project has evolved into an eight unit condominium complex, with a private road ending in a hammerhead and common open space areas
Leonard Bradley, DiPrete Engineering, reviewed the previous plans and presented the current plan.   The applicant has worked hard to address all Staff, Earth Tech, DPW, and Abutters concerns.  In a letter dated October 17, 2005, the applicant has addressed the concerns regarding the right of way and access, the road design, clearing of trees, a buffer for Mr. LaPierre
Valerie  Massard informed the Board that she has spent considerable time reviewing the issues and is confident that the plans have addressed the technical issues.   Outstanding issues are landscaping, the final plan review process, drainage management plans and a review of the property by the State
John Dill, an abutter, was concerned whether the site is actually developable.  Mr. Dill stated that under the approved Heritage Hills subdivision plan, the area was designated as open space.  Mr. Dill stated that a pass through has not been granted to the developer.   
William LaPierre stated that the intent of the VOSD is to enhance the area and that he is not convinced that this plan does that.  He also stated that there is an unmarked grave near the proposed unit 1, which may be a historical issue.
Atty. Landry stated that the VOSD is less destructive than a definitive subdivision plan. He has reviewed the Heritage Hills subdivision plan and minutes pertaining to it and has not found evidence that the property is recorded as open space.
Lee Hartmann stated that the condominium plan is a better alternative than what was originally proposed.  The project creates a fair amount of open space and that the abutters concerns will be addressed in the proposed conditions.
Jim Moody, 53 Central Ave, stated that this area is not suited for a VOSD as it is too far from a village area and does not reduce car traffic and encourage foot traffic.  
Jack Dill, the pass through has not been granted and it will greatly change the traffic on the road, the hammerhead may get a lot more use than intended.  Mr. Dill was frustrated that the information submitted to the Board at each meeting by the applicant has been technically deficient.   At the last meeting, the Board stated that they would vote at the next meeting.
Joe Duffy was concerned that the impact on the ponds would be significant.
Robert Toll, JC Engineering, representing abutter Paul Bisciglia, was concerned that there was insufficient delineation of the open space.  He suggested a split rail fence to define the open space.  He was also concerned that an existing easement near unit one was not shown on the plan.  He also was concerned that the plan had not been submitted to Natural Heritage yet and felt that no decision should be made by the Board until Natural Heritage
Malcolm MacGregor preferred that the road width be reduced to eighteen feet.  He was concerned with the extent of overstory cutting that would be necessary.
Mr. Bradley stated that they would work with the Fire Chief to meet his requirements and would only trim what he deems necessary.  The Fire Chief would like to keep the road at twenty feet.
Paul McAlduff felt that the plan should be submitted to Natural Heritage.   He questioned whether a shared septic system could be installed and whether there would be low nitrogen loading systems.  Mr. McAlduff suggested that the applicant could provide start up funds for the condominium association.  
Mr. Bradley replied that the Board of Health prefers separate septic systems.   He agreed to consider the funds for the association.  
Loring Tripp agreed that Natural Heritage should review the plan.   He stated that there are endangered species on the property as well as other environmental issues.   Mr. Tripp was not convinced that rights for adequate access could be proven.  Mr. Tripp was also concerned that the value of the waivers requested had not been estimated to date.  
Nicholas Filla stated that access issues need to be reviewed by Town Counsel and Natural Heritage comments need to be received first.
Larry Rosenblum stated that the Boards options are to approve or deny the project.  Mr. Rosenblum was concerned that there were many outstanding issues.  The technical details of the road have not been resolved, the developability of the land, and Natural Heritage review.
Mr. Hartmann stated that the outstanding issues could be addressed in the conditions of approval for the definitive subdivision and special permit.
Atty. Landry stated that they have tried to address all the concerns of the Board.  They have submitted the plan to Natural Heritage.  They are not asking for waivers.  He felt that they had met the burden of showing that the cluster development is a better option than a conventional design.  He stated that Gunning Point Road has adequate frontage for building lots.
Nicholas Filla stated that if the applicant submitted an ANR plan, they would still be subject to a review by Natural Heritage.
Paul McAlduff moved to approve the definitive subdivision plan and special permit subject to the conditions as submitted in the staff report.
Malcolm MacGregor stated that there is still the issue of access that needs to be resolved.
Paul McAlduff moved to withdraw his original motion and to deny without prejudice the definitive subdivision plan and the special permit; the vote was (4-1) with Loring Tripp in opposition.  

BOA 3333
Cannon Road/SP for access
Lee Hartmann presented the request for a special permit and a variance in order to construct a single family dwelling on property shown on Assessors Map 85 as Lots 15-1, 18, and 19.  Variances have been granted in the area and the road has been widened to 10
Malcolm MacGregor moved to recommend approval to the Zoning Board of Appeals subject to the following conditions:
The applicant has agreed to establish a layout for Cannon Road along the frontage of the property.
There shall not be 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.
Said improvements shall be overseen by a registered professional engineer, to the satisfaction of the Town Engineer and Building Inspector.  Said improvements shall be certified to have been completed as depicted on the approved plans by a registered professional engineer, and said improvements shall be accepted by the Building Commissioner prior to issuance of a building permit.
The vote was unanimous (5-0).

BOA 3335
        Beaver Dam RD/ SP to exceed the height requirement
Nicholas Filla read a letter submitted by the Pinehills LLC regarding the proposed project and that the applicant had not involved the Pinehills in an discussion of the petition to replace an existing 74 ft high power pole with an 89 foot high power pole, install 3 antenna panels on the pole and install a radio storage structure within a 10
Joseph Pereira, TerraSearch, commented that he did not wish to loose his Zoning Board of Appeals slot.  
Loring Tripp moved to continue the review of this Board of Appeals case to December 5, 2005 with time to be determined; the vote was unanimous (5-0).

BOA 3336-  Anthony Bosari                                               
Nameloc Rd/SP, EDC to waive front & side setbacks
Valerie Massard presented the request for a special permit to waive the front and side setbacks in order to permanently move an existing house back away from an eroding coastal bluff towards the road.   The bluff is eroding from four to six feet annually.  The road in front of the property is not a traveled way and it narrows to a cart path.
Malcolm MacGregor asked how long it would be before the front yard eroded again.
Anthony Bosari replied that once the seawall is constructed, the erosion should cease.  
Paul McAlduff moved to recommend approval to the Zoning Board of Appeals subject to the following conditions:
The petitioner must meet Health Department requirements regarding the existing septic system if the structure is moved.
The petitioner must file a Notice of Intent application with the Conservation Commission for any work proposed with in a buffer zone or resource area.
The vote was unanimous (5-0).

The Board took a five-minute recess.


Conceptual Review                                                       
Crane View Place/off Beaver Dam Road
Loring Tripp recused himself from this review and left the room.
Atty. Edward Angley presented a revised conceptual review for a project on Beaver Dam Road.  The project would rehabilitate three existing duplex units and construct six additional duplex units with an affordable housing component.   The project is a VOSD with a transfer of development rights from the Bartlett property.
Bill Forniciari, Forniciari and Noseworthy Architects, stated that the Bartlett house, (Lots 10 and 11) on Bartlett Road was built in 1660 and destroyed in a fire recently.  The owner would like to restore the house and preserve as much land as possible.  They would approach the Community Preservation Committee for CPA funds to restore the house and would transfer the development rights from the remaining property to the project on Beaver Dam Road.
Jon Henson stated that the project includes two sites; one historic and one at the intersection of Beaver Dam Road and Minuteman Lane, in the Manomet Village Center.  There is a potential for open space links along Minuteman Lane into the Pinehills and along Beaver Dam Road to the cranberry bogs.  Mr. Henson stated that the existing duplex structures are not in good condition.   The 1.96 acre site is relatively flat, does not have a lot of vegetation, and has good sight lines.  There are no wetland issues or habitat areas on the site.  Mr. Henson reviewed three scenarios for the project.
Atty. Edward Angley informed the Board that the applicant is looking at thirty percent of the project being affordable housing, with the historic parcel as the open space.
Nicholas Filla suggested that a combination of age restricted housing and affordable housing would work on the site.  He suggested making any age restricted units one bedroom.    
Larry Rosenblum preferred the second scenario presented, as did the applicant.  
Paul McAlduff felt that the project was too dense for the site.
Pierre Coll stated that he would like to focus on providing affordable housing.   
Malcolm MacGregor was concerned with the density on the site.
Larry Rosenblum encourage the applicant to continue working on the project and suggested that he work with the neighbors to create a cohesive project.    
The Board looks forward to further review of the project.  

Conceptual Review
        Coles Lane
Atty. Edward Angley presented the conceptual review of a low impact development for a three lot subdivision on Coles Lane with a cul-de-sac roadway for access.  A request for a waiver of the subdivision roads would be submitted with the filing.
Mark Casey, South Shore Survey; suggested that a T turnaround could be designed instead of the cul-de-sac.
Nicholas Filla stated that a twelve foot road is too narrow and suggested that sixteen feet would be the minimum.  
Malcolm MacGregor supported the sixteen-foot roadway.
The Board was supportive of the conceptual plan.

BOA 3331
Hedges Pond Road/SP to modify SP 3043/replace storage buildings with use bays and office space
William Shaw, Associated Engineers, informed the Board that he has presented the plan to the Cedarville Steering Committee and that the applicant has no objection to incorporating their suggestions into the plan.
The Cedarville Steering Committee made the following suggestions:
The fencing in the front of the Building (AKA future Office Building) is to be removed and moved further to the south to encompass the storage Building units and with the necessary security in place.
The entrance to the storage building units will be to the rear of the (AKA future Office Building) and the exit will be to the South on Hedges Pond Road.  
Landscaping in the front of the business on Hedges Pond Road is to be completed as previously permitted and to include white pines, and daylilies in addition to other plantings.  On the north side of Triple AAA storage a buffer of arborvitaes is to be placed between AAA and the next business along the fence.
In addition it was pointed out that a sidewalk in front of the Triple AAA would help to connect the businesses in the area and provide a helpful safety feature.
The business sign
The permitted signage Does NOT include the Cedarville area other than in front of this designated business.
Garage Sales and Yard sales and their signage are not part of the permit and are to be discouraged.
Future plans for the (AKA Future Office Building) should be presented to the Cedarville Steering Committee and all necessary Boards. Planning and Zoning.
PRIOR TO ISSUANCE OF ANY PERMITS, unregistered vehicles, boat trailers, dilapidated trucks and equipment are to be removed from the property and a passbook account should be held for cleanup of these items.  
The Board reviewed several photographs of the property.
Mr. Hartmann suggested that the applicant should provide certification that the conditions in the original special permit have been met.
Malcolm MacGregor was concerned that the buffering from the highway is not adequate.
Nicholas Filla asked if there were any architectural plans available.
Mr. Shaw stated that the Design Review Board has requested a different set plans from what was presented which will need further review by the Boards.
Tim Grandy, Chairman of the Cedarville Steering Committee, requested that the conditions of the original special permit should be complied with before any modification is granted.
Larry Rosenblum moved to recommend approval to the Zoning Board of Appeals subject to the following conditions:
The property is located within the General Commercial Zoning Districts.  Any use of this building must be consistent with the uses outlined in the General Commercial District.
The conditions outlined in the previous decision Case #3043 must be addressed before an occupancy permit is issued for the work outlined in this petition.
The applicant has agreed to present final architectural plans to the Cedarville Steering Committee, Design Review Board and Planning Board with final approval by the Zoning Board of Appeals.
A bankbook with $25,000 is to be presented to the Building Commissioner.  Said funds are to be held to guarantee that the required improvements are to be installed to the satisfaction of the Town.
The fencing in the front of the existing building (AKA future Office Building) is to be removed and moved further to the south to encompass the existing storage building units.  The security gate should remain active at all times.
Access to the storage building units shall be from the rear of the site (AKA future Office Building) and the exit shall be to the south on Hedges Pond Road.
The required landscaping in the front of the business on Hedges Pond Road is to be completed as previously permitted and shall include White Pines, and Daylillies in addition to other plantings.  A buffer of Arborvitaes is to be placed on the north side of the Triple AAA storage site between AAA and the next business.
A sidewalk is to be installed along the frontage of the site which will connect the businesses in the area and provide a helpful safety feature.
The business sign 'Triple AAA storage" is to be moved further north, so as not to obscure traffic from entering and exiting the area.
The permitted signage does NOT allow for the placement of temporary or permanent signage in other locations Cedarville.
Garage Sales and Yard Sale and their signage may violate zoning, are not part of the permit, and are to be discouraged.
Prior to the issuance of any permits, unregistered vehicles, boat trailers, dilapidated trucks and equipment are to be removed from the site.  This area is to be re-vegetated.
The vote was unanimous (5-0).

Administrative:
The Board signed the MOU and escrow agreement for B296
Malcolm MacGregor moved for the Board to endorse the plan and the covenant for B526 Alpine Road; the vote was unanimous (5-0).

Paul McAlduff moved to reduce the bond for B512
Loring Tripp moved to adjourn at 10:15 p.m.; the vote was unanimous (5-0).  

Respectfully Submitted,



Eileen M. Hawthorne
Administrative Assistant                                Approved on:12/12/05