Planning Board Meeting
November 6, 2006
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: Malcolm MacGregor, Paul McAlduff, Loring Tripp, III, Larry Rosenblum, and Marc Garrett.
Planning Board Alternate: Timothy Grandy
Staff Members: Lee Hartmann, Valerie Massard and Caroline Quidort
Recording Secretary: Eileen Hawthorne
Form A’s: None
Appointment – William Shaw
B474 – Wadsworth Estates
Finding of no work done, time expired.
William Shaw, Associated Engineers reviewed the history of the B474, Wadsworth Estates subdivision and special permit that was approved July, 2001 and endorsed in December, 2001 by the Planning Board. A special permit for the removal of approximately 350,000 cubic yards of gravel was granted by the Zoning Board of Appeals (ZBA) Case No. 3049 in September 2001. Mr. Shaw handed out a phasing schedule that was approved as part of the project. Construction of the subdivision was to begin in June 2001, with phase one house construction to be completed in June 2003; phase two house construction to be completed in June 2005; phase three house construction to be completed in June 2007; and phase four completed in June 2009. To date, approximately 100,000 cubic yards of gravel have been removed and monthly reports
have been filed with the Building Commissioner as required by the ZBA special permit. Mr. Shaw stated that the proponent would like to continue the gravel removal in preparation for the subdivision. A portion of the area has been paved in order to suppress some of the dust from the trucks during the removal process.
Valerie Massard explained that as a housekeeping matter, the Board was being updated on the status of the subdivision. The subdivision plan was not recorded within the six months of the endorsement. The only way the plan could be recorded is for the Planning Board to find that there has been no significant change in the status of the project and its environs. Ms. Massard suggested that an existing conditions plan should be submitted to the Board for review to determine how much earth has been removed from the site and whether it is consistent with the grades shown on the plan and the Board should negotiate a timeline regarding the existing conditions and the existing housing market, etc.
Lee Hartmann explained that the adequate facilities special permit has expired and a new special permit would be required.
Paul McAlduff inquired whether any of the houses have been completed in accordance with the phasing plan.
Mr. Shaw replied that none of the houses have been constructed.
Mr. McAlduff was disturbed about the trees removal along Herring Pond Road when the gravel was actually being moved from the rear of the site.
Mr. Shaw explained that originally the gravel was going to be removed from the front of the site, but they started at the back instead in order to provide screening along the front of the site.
Larry Rosenblum was concerned that the plan had not been recorded.
Mr. Shaw stated that the proponent would like to continue with the gravel removal, complete the road construction and start the housing construction.
Marc Garret asked for clarification as to whether the construction management plan was attached to the covenant when it was executed.
Mr. Shaw replied that the construction management plan was not executed with the covenant. The covenant came after the plan. He stated that the gravel removal was in accordance with the special permit issued by the ZBA.
Marc Garrett clarified that there was a special permit for the subdivision, but the subdivision plan has never been recorded.
Mr. Hartmann stated that this is an example of poorly coordinated permits and now that we have the staff to review the projects it was discovered that the subdivision approval is five years old and the plan has not been recorded.
Loring Tripp suggested that if there is no significant change and an existing condition plan meets the Board’s approval the proponent would have to reapply for an adequate facilities special permit.
Ms. Massard stated they could refile for the adequate facilities special permit and if they submitted the existing conditions plan to verify that they are in accordance with the approved subdivision plan, the Board could find that the plan has not been amended, modified or rescinded and that finding could then be recorded with the subdivision plan. The other alternative is to hold a public hearing to amend, modify, or rescind the subdivision plan.
Loring Tripp asked how long it would take for an existing condition plan to be submitted.
Mr. Shaw stated that it would take approximately a month to six weeks.
Mr. Hartmann requested a follow up letter that details a timeline for the submission of the existing conditions plan, the refiling of the adequate facilities special permit, and a revised phasing plan for the completion of the subdivision.
Malcolm MacGregor was concerned that the site has been bare for four years and that vegetation should be installed and then an excavation plan should be submitted and the subdivision should be reconsidered.
Larry Rosenblum supported the submission of the existing conditions plan and reconsidering the subdivision plan. He was concerned with the negative impacts to the community.
Loring Tripp moved to continue the review of this subdivision to January to allow for an existing conditions plan and a letter outlining a timeline to be submitted.
Larry Rosenblum amended to include a review of the subdivision plans.
The vote was unanimous (5-0).
Appointment
Village Landing
Atty. Richard Serkey presented revised plans for the conversion of the upper level of Village Landing into twelve residential condominium units and the construction of two parking structures at the north end of the site. The dumpsters will be removed and replaced with a compactor which will be fenced and landscaped.
Valerie Massard stated that the original plan showed one parking structure in the existing parking lot of Village Landing. The Board had suggested creating an avenue feel in the existing parking lot and moving the dumpster location. The revised plan is consistent with the Board’s recommendations.
Marc Garrett stated that the previous parking structure seemed smaller.
Richard Stefani stated that the proposed parking structures are approximately 20’ which is half of the single building shown previously.
Loring Tripp stated that this plan was an improvement. By taking the square out of the middle, the parking area flows better and there is some screening of the entrance to the Radisson Hotel.
Larry Rosenblum preferred to create more of a streetscape which could eventually be incorporated into a vehicular and pedestrian street plan to link the area.
Paul McAlduff questioned whether Mr. Stefani had addressed the ventilation system in the structure where the winery is located.
Mr. Stefani replied that he has installed a new carpet and pad and is looking into an air circulation system to improve the winery conditions.
Malcolm MacGregor felt that the revised plan was an improvement. Mr. MacGregor suggested installing a brick pathway to guide pedestrians along the accessway through the buildings. Mr. MacGregor suggested installing a vegetative buffer between the two rows of diagonal parking spaces.
Mr. Stefani stated he could look at providing a vegetative buffer.
Russell Stefani, Flaherty and Stefani Inc., stated that there is a minimum of 20’ required for angled parking.
Valerie Massard suggested that Mr. Rosenblum sketch his concept so the applicant could review his ideas before the formal filing is submitted.
Marc Garrett asked if the number of parking spaces shown is the minimum for the site.
Russell Stefani replied that there are more parking spaces than what is needed, but it was reconfigured to provide parking that is more conforming to the bylaw.
Mr. Garrett suggested that if there is excess parking there is a possibility that some could be eliminated to create pedestrian areas.
The Board looks forward to further review of the proposed project during the formal filing process.
BOA 3391 - Franklin Marsh
Off Plymouth St/SP earth removal for cranberry bog
Bill Madden, GAF Engineering, presented a request for a special permit for earth removal in order to construct two tailwater recovery ponds to service existing cranberry bogs. One pond would be 0.97 acres and a small reservoir would be expanded by approximately 4.5 acres for a total of 6.5 acres of pond. The ponds would be used to irrigate, flood the bogs for harvest, to put on winter flow, and reduce the reliance on Darby Pond. Approximately 107, 050 cubic yards of earth would be removed for the first pond and 139,000 cubic yards for the second pond. The earth would be removed by an access to Plymouth Street. Six inches of loam and seed is proposed for all the disturbed areas. The project is exempt under the Wetlands Protection Act and has filed a letter with the Conservation Commission to that effect.
Valerie Massard stated that staff has reviewed the NRCS guidelines for bogs and tailwater recovery systems with the engineer. Ms. Massard was concerned that DPW has not commented on the project as of yet and that the road is not in the best of conditions, it is deteriorating. The DPW will be contacting the engineer to schedule a meeting for review of the project. Ms. Massard informed the Board that it appears that the construction of the proposed access around the Hall bog and some of the clearing and earth removal has already begun. Ms. Massard was also concerned that no truck route onto Plymouth Street has been submitted, no time line has been submitted, more of a buffer is needed in the section that is adjacent to the existing homes in Kingston and on the Town line and a condition should be added that if the
earth removal stops for more than six months, the area should be loamed and seeded.
Paul McAlduff asked for clarification on the direction of the truck routes for the earth removal and how far they would be traveling on Plymouth road system in order to determine what fees should be assessed. Mr. McAlduff suggested a fee of $0.25 per cubic yard of earth removed.
Marc Garrett suggested that it should be determined whether the negotiated fee is based on bank face or truck load. Mr. Garrett stated that the Board has to be careful about how the trucks are restricted; it must be a uniform policy.
Malcolm MacGregor asked for clarification on the work near the existing homes.
Mr. Madden replied that there would be a 50’ buffer along the property line of the homes in Kingston, a 25’ buffer between the Kingston/Plymouth town lines and a 100’ buffer in other areas.
Mr. MacGregor suggested making the ponds a more natural shape instead of rectangular and asked what dust suppression measures would be taken.
Mr. Madden stated that more earth removal may be required if the ponds were an irregular shape and it is easier to maintain a rectangular pond. Mr. Madden suggested that vegetation could be installed before the water table is reached in order to stabilize the site.
Mr. Garrett suggested that a shunt from the irrigation systems could be used to suppress the dust. He questioned whether the residents in Kingston and Carver have been notified about the proposed project.
Mr. Madden replied that they will be notified of the public hearing to be held by the Zoning Board of Appeals.
Larry Rosenblum suggested moving the slope away from the property line to provide more of a buffer and questioned whether this was an expansion of an agricultural use.
Mr. Madden stated that it could be moved or the slope could be changed from 3:1 to 2:1 which would increase the buffer area from 50’ to 70’.
Ms. Massard reviewed the photographs of where the earth removal has already been started.
Mr. Madden stated that the submission for a special permit has been done in order to bring his client into compliance with the Plymouth regulations.
Ms. Massard and Mr. Hartmann explained that there is a court case pending in another town to determine whether a special permit is required when the earth removal is for an expansion of an agricultural use, but until that is determined, the Town would work toward a mutually acceptable solution.
Mr. MacGregor inquired whether fines could be assessed as the work has been started without the necessary permits.
Mr. Hartmann replied that the Building Commissioner has the ability to issue fines.
Mr. Rosenblum suggested waiting for DPW input before a recommendation is made by the Board.
Ms. Massard stated that it has been requested that the Dow’s comments be submitted prior to November 20, 2006.
Larry Rosenblum moved to continue the review to November 20, 2006 pending DPW comments and incorporating the conditions suggested by the Board and staff into the recommendation; the vote was unanimous (5-0).
Public Hearing (cont.)
B541 – Atlantic Point
Atty. Lawrence Winokur presented revised plans for the demolition of an existing single family home in order to construct five two-bedroom, detached condominiums under the Village Open Space Development (VOSD) special permit. The property is located off Atlantic Ave. and consists of 1.04 acres. A common drive would be utilized for access. The project would also enhance and improve the existing rail trail that abuts the site. The North Plymouth Steering Committee has reviewed the proposed project and is in support with the exception of the proposed lighting along the rail trail. The revised plan has incorporated a turnaround for emergency vehicles that was requested by the Fire Chief. A substantial buffer has been provided to an abutting neighbor. The Environmental Impact Statement meets the
guidelines and the density is proposed at 4.6 dwelling units per acre.
Randy Parker, Land Management Systems Inc., reviewed the existing conditions plan and the topography of the site. Mr. Parker detailed the trees and vegetation that would remain and the proposed plantings along the rail trail. Mr. Parker also reviewed the drainage and parking for the site. The revised plan reduces the size of the buildings to 1200 sq. ft. with two parking spaces provided; provides pull over areas along a drive which narrows as it travels the interior of the site; and provides a turnaround for emergency vehicles. The site would be serviced by Town water and sewer and would generate approximately 45 to 50 vehicle trips per day.
Ed Fuller reviewed the proposed landscape plan for the project which includes the installation of plant materials around the foundations, planting of street trees in the open space areas, and plantings to provide screening for the abutter and along the rail trail. Mr. Fuller has identified 35 trees that should be preserved.
Atty. Winokur stated that the design for each unit would be presented to the Design Review Board and the Planning Board in the future, there are adequate facilities to service the site, a sidewalk system would be provided within the site, and there would be minimal impact to the neighborhood. Atty. Winokur requested that the condition requiring site construction plans be contingent upon the certificate of occupancy as opposed to the building permit.
Valerie Massard stated that staff has not had sufficient time to review all aspects of the revised plan, but has submitted a draft of proposed conditions. Ms. Massard requested additional time for review before the final vote. DPW has submitted a memo which outlines the cost of the proposed mitigations to the Town’s rail trail which is $10,700
Frank Foley, 14 Atlantic Ave., was more supportive of the revised plan, but suggested that the units should be age restricted, the master bedroom should be on the first floor, the road should be widened 4’ on the eastern edge to preserve specific trees and reduced to 12’ or 14’ at each unit. Mr. Foley was concerned with the use of pervious pavers for the pullover areas.
Kathryn Neimi-Weaver, Castle Ct., was concerned with drainage along her back yard, impact to the wildlife in the area, and the increased traffic. She suggested installing speed bumps along Atlantic Ave. to slow the traffic. She also presented a plan that showed a pond on the north end of the site.
Tammy Webb, Castle Street, was concerned with the existing traffic conditions where 15 to 25 cars are parked on Atlantic Ave. at any given time and may prohibit emergency vehicles from accessing the site in a timely fashion. She also was suggested installing speed bumps along Atlantic Ave.
Rick Tomasello supported the installation of speed bumps for traffic safety and making the project age restricted.
Liz Costello, High Cliff, was concerned with the increased traffic in the area of North Plymouth which is due to several new developments in the area. She was not in support of clearing Town land to provide an ocean view for the project. The Town has not allowed other residents to clear the rail trail property
Ms. Massard stated that the Town was approached by the petitioner to clean up the rail trail and allow for better siting on the property.
Sandy Anjorami, 4 Atlantic Ave., was concerned with the increased traffic trips, the size of the houses, and the improvements to the rail trail. The neighbors had approached DPW to clean up the rail trail and were told that it couldn’t be done for environmental reasons. She suggested increased signage for traffic mitigation.
Elspeth Franks was supportive of the revised plan which showed a reduction in density and an increase to the open space and is more consistent with the neighborhood and village center.
Rene Davis, Holmes Terrace, was concerned with the density, increased traffic and speeding in the neighborhood. She also stated that the neighborhood watch program was not allowed to clear and clean up the rail trail.
Malcolm MacGregor questioned the topography on the site and whether the drainage was based on a ten year analysis and what type of fencing was proposed. Mr. MacGregor suggested reducing the driveway to 18’ or 20’ wide.
Randy Parker stated that it was designed to a 25 year analysis on the retention area, but that the wetland feature could be enlarged if necessary.
Ed Fuller stated that the fences were shown to provide delineation for the individual yards and white picket is proposed, but would be reviewed by the DRB.
Mr. MacGregor suggested requesting input from DPW and the Police Department as to what appropriate traffic mitigations would be needed.
Larry Rosenblum was concerned that the plan may not meet the open space guidelines of the bylaw that require the open space to be met on site. He felt that the use of public property was inappropriate.
Atty. Winokur clarified that the rail trail was not included in the open space calculations and that the developer was proposing to clean up the rail trail.
Marc Garrett was concerned with the density proposed given the shape of the site.
Loring Tripp felt that the two units allowed by right would be more appropriate for this site and that the clearing of the rail trail would be beneficial to the development, but not necessarily a public benefit.
Lee Hartmann suggested the applicant consider whether the Board should vote or continue the review to allow for further opportunity to address the Board’s and residents concerns.
The Board took a five-minute recess.
Ed Fuller stated that the bylaw allows the open space to include conservation land, Town land, recreational land, etc.
Atty. Winokur stated that the density is based on the area of the site, not the shape of the lot. He requested a continuance to the next scheduled meeting in order to consult with his client.
Larry Rosenblum moved to continue to November 20, 2006 at 7:10 p.m.; the vote was unanimous (5-0).
Minutes: None
Old Business:
Industrial/Commercial Land Review Committee
Loring Tripp asked for more time to define the scope of the committee and to continue the discussion to December 4, 2006.
Administrative:
B428 – South Meadow Farm Estates – Passbook Transfer
B438 – Bramhall Estates – Passbook Transfer
B452 – Cedar Oaks – Passbook Transfer
B430 – Clark Estates – Passbook Transfer
Valerie Massard explained that the Treasurer has requested that the above-mentioned passbook agreements be replaced by a performance guarantee agreement and the funds be transferred to the Town accounts in order to streamline the process of deposits and releases.
Loring Tripp moved for the Board to eliminate the passbook agreements and endorse performance guarantee agreements for the following subdivisions:
B428 – South Meadow Farm Estates – Passbook Transfer
B438 – Bramhall Estates – Passbook Transfer
B452 – Cedar Oaks – Passbook Transfer
B430 – Clark Estates – Passbook Transfer
The vote was unanimous (5-0).
B296 – Ponds at Plymouth, Phases 0-4 – Escrow Account
Valerie Massard informed the Board that significant progress has been made on the required improvements and that an extension has been requested for the cleaning of the drainage areas. A request has been received for a further release of $25,000 to the escrow account to complete the work necessary in Phases 0-4.
Paul McAlduff moved for the Board to release $25,000 to the escrow account; the vote was unanimous (5-0).
B461 – Camp Child Settlement – TDR Lot Release
Valerie Massard presented a request to release lot 4N-45, Bayden Path.
Paul McAlduff moved to release lot 4N-45; the vote was unanimous (5-0).
B437 - Golf Drive Modification – Endorsement
Valerie Massard presented the B437 – Pinehills LLC, Modification for Golf Drive for endorsement.
Loring Tripp moved for the Board to endorse the above-mentioned plan; the vote was unanimous (5-0).
Loring Tripp moved to adjourn at 10:15 p.m.; the vote was unanimous (5-0).
Respectfully Submitted,
Eileen M. Hawthorne Approved: December 4, 2006
Administrative Assistant
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