Planning Board Meeting
January 22, 2007
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, and Marc Garrett.
Planning Board Alternate: Timothy Grandy
Staff Members: Valerie Massard, and Caroline Quidort
Recording Secretary: Eileen Hawthorne
Form A’s:
A4245 – Map 45, Lots 30D-1, 30D-2 and 30D-3, Brook Road – Lot line adjustment to create lots 30D-6 (.69A), 30D-7 (.72A), and 30D-8 (1.18A) (Postponed for further review)
Update
Manomet Steering Committee
Casey Shetterly and Marti Erbe, co-chairs of the Manomet Steering Committee updated the Board on the issues and projects that they have reviewed this year. The issues and projects included traffic improvements to the intersection of Route 3A/State Road and Manomet Point Road and the intersection of Rte 3A/State Road and Beaver Dam Road; creation of a Village Green; local road safety including drainage issues and bridge integrity at the Bartlett Brook Bridge, and completion of the sidewalk loop, road widening, parking, pedestrian and cyclist use along Taylor Avenue; special permits for condominiums and housing development; Chapter 40B projects – Sawmill Woods and Bartlett Pond Pasture; commercial projects including CVS and improved access to Churchill’s Oil and Gas; and beach access. Members of the committee
participated in “Manomet Pride Day”, which was an effort to clean and beautify the Manomet area.
Marc Garrett questioned whether the current master plan is adequate for the committee’s needs and whether it needed to be updated.
Ms. Shetterly replied that the master plan should be looked at regularly, but that many parts are in line with the town’s master plan. Ms. Shetterly suggested that a packet should be developed for newly appointed members so they can familiarize themselves with the master plans and the responsibilities of the committee.
Ms. Erbe suggested that applicants should be asked if they are familiar with the master plans and that a chart of various boards and responsibilities should also be included in information for new volunteers. Ms. Erbe also suggested that the Planning Board should ask each applicant if their project has been reviewed by the steering committee for the area.
The Board thanked the steering committee for all their time and efforts.
BOA 3400 – DPW
Waste Water Treatment Plant/SP for Earth Removal
Valerie Massard presented the request by the DPW for a special permit in order to remove approximately 20,000 cubic yards of fill from the land around the Waste Water Treatment Plant (WWTP) to be used as cap/fill for Siever Field.
David Gould, acting DPW Director, explained that an ash layer with metal counts above acceptable levels has been discovered beneath the ground at Siever Field and needs to be contained. The mitigations to the ball field include the installation of approximately 3 ft. of fill and possibly a small retaining wall. Removing the fill from Town owned property and utilizing Town employees on the weekends and holidays for the installation will aid in keeping the cost of the project within the $250,000 budget. The playground equipment will be removed until the project is completed. The area of the fill removal will be loamed, seeded, and planted.
Marc Garrett suggested staggering or sequencing the timing of the removal of the fill from the WWTP with the school busses at Plymouth Community Intermediate School.
Paul McAlduff asked if all the gravel removal would be done with Town trucks and equipment.
Mr. Gould replied that majority of the work would be done utilizing Town equipment, but larger trucks would be hired if necessary.
Malcolm MacGregor questioned what would be used as a vegetative cover of the gravel removal site.
Mr. Gould answered that the banking would be hydro seeded and additional plantings would be installed to buffer the highway.
Valerie Massard stated that she has suggested the possibility of an Eagle Scout project for the future plantings, that they are required to maintain a wooded buffer from the highway, and that an additional 50,000 cubic yards of fill may be removed in the future for expansion of the facility.
Loring Tripp was not supportive of the weekend and holiday work.
Paul McAlduff moved to recommend approval to the Zoning Board of Appeals subject to the following conditions:
The grading plans will be revised with a note on the plan, prior to the start of any work at the site, to reflect that approximately 20,000 cubic yards of material is the limit of excavation allowed under this special permit.
Evidence of recording of this Special Permit at the Plymouth County Registry of Deeds shall be presented to the Building Inspector, and the plans shall be recorded with the Special Permit.
The Petitioner has agreed to submit an erosion control plan (and dust suppression measures if needed) 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. Proposed side slopes shall be at a grade of 3:1 (or 2:1) with erosion control measures in place. The petitioner 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. As agreed to by the Petitioner, a planting plan which includes loaming, seeding and planting of the required 15-foot buffer to Route 3 within the underlying Light Industrial Zone, loaming and seeding of any remaining exposed areas where
vegetation has not been re-established from the grading associated with the construction of the original WWTP, and for the disturbed slope as affected by this gravel removal project shall be submitted as a part of this erosion control plan.
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.
Hours of hauling shall be managed so that truck traffic does not interfere with the PCIS school bus usage of Long Pond Road. Coordination with PCIS and other school officials to establish an appropriate timing schedule shall be the responsibility of the Petitioner.
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.
The DPW shall provide an “as-built” survey which verifies that no more than approximately 20,000 cubic yards of material were removed. A GPS-generated survey plan is acceptable for this purpose.
Temporary signs warning traffic of truck entry are proposed for safety as determined by the Police Department and will be approved by the Director of Inspectional Services.
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 (3-1) with Malcolm MacGregor in opposition.
Public Hearing
Rezone Map 27, Lot 7 (to be continued to 1/29 at the request of the Attorney)
Malcolm MacGregor read the public hearing notice and opened the public hearing.
The attorney for the proponent has requested that the public hearing be continued.
Loring Tripp moved to continue the public hearing to January 29, 2007 at 7:45 p.m.; the vote was unanimous (4-0).
The Planning Board review of BOA 3401 for the Plymouth Housing Authority has been postponed to the meeting on January 29, 2007.
Public Hearing (cont.)
TDR/MURA Overlay District
Valerie Massard suggested continuing this public hearing to January 29, 2007 at 8:00 p.m. as no new information was available at this time.
Moved to continue the public hearing to January 29, 2007 at 8:00 p.m.; the vote was unanimous (4-0).
BOA 3399 – John & MaryJane Justice
Priscilla Beach Road/SP waive setbacks
Randy Parker presented the request for a special permit to waive the setback requirements and expand a nonconforming structure in order to demolish an existing dwelling and construct a new single family dwelling with a reversed layout. Two bedrooms and a bath would be on the first floor; the kitchen and dining area would be on the second floor with the living room being on the third floor. Mr. Parker presented preliminary elevations of the proposed structure which would be approximately 30’ high. The Design Review Board suggested adding offset dormers on either side of the proposed structure. The Fire Chief has indicated informally that the plans are a tight fit, and suggested using fire retardant construction materials. The Fire Chief also indicated that larger structures would be more at risk than
smaller structures. Mr. Parker presented several letters from abutters and neighbors in support of the proposed project.
Caroline Quidort added that the new septic system would be installed on lot 6-30N. Ms. Quidort suggested that if approval is recommended, the architecture should be consistent with the character of the neighborhood and that the structure should not exceed the height limits of the zone.
Mary Jane Justice informed the Board that the house cannot be used as it is now. There is no insulation in the walls and there is only a sink and toilet with an outdoor shower. They would like to be able to use the house in a more fitting manner.
Malcolm MacGregor asked about the plans for the septic system.
Mr. Parker responded that the existing cesspool would be replaced by installing the septic system under the grassy parking lot on lot 6-30N. The Justice family and five others hold a one-sixth interest in the lot. Others have already installed their new septic systems on lot 6-30N with the rest to follow. The septic systems have been designed to withstand vehicle support.
Loring Tripp although understanding of the needs to renovate the existing structure was concerned with a loss of the architectural history of the area and that the proposed architecture was not similar to the surrounding neighborhood. He was also concerned that the height and scale were out of place for the area.
Marc Garrett stated that it is the trend for shoreline houses to grow higher instead of wider. Mr. Garrett was supportive of working within the current setbacks, but that adding height changes the character of the area.
Paul McAlduff suggested installing a residential sprinkler system as access for fire apparatus could be an issue.
Mr. MacGregor questioned whether the plans have been presented to the Manomet Steering Committee.
Mr. Parker was unsure if the project had been forwarded to the Steering Committee for review.
Paul McAlduff moved to recommend approval to the Zoning Board of Appeals subject to the following conditions:
Architecture of the reconstructed building should be in keeping with the surrounding neighborhood and existing dwelling, and shall not exceed the height requirements of the zone.
As agreed to by the petitioner the reconstructed dwelling will have a limit of two bedrooms.
The vote was (3-1) with Marc Garrett in opposition.
Minutes:
January 8, 2007
Marc Garrett moved to approve the minutes of January 8, 2007 as presented; the vote was unanimous (4-0).
BOA 3398 – Andrew & Ethan Kusmin
State & Sachem Rds/SP for two unit detached housing
Mark Flaherty presented the request for a special permit to demolish three existing dilapidated cottage structures and construct two detached single family dwellings on four contiguous lots located at the intersection of State and Sachem Roads. One of the existing structures has been occupied as recently as eight months while the two other structures have been vacant for at least three years. The three bedroom condominium units would have a shared driveway off Sachem Road, with each unit having a single car garage, two parking spaces and individual septic systems. A Preliminary landscaping and architectural plans were presented. Sachem Road would be widened from 12’ to 18’ and have a drainage system installed. Stormwater runoff would be contained on site and an eight ft. retaining wall would be
installed at the rear of the site to contain the hillside. The Design Review Board felt the project would be an improvement to the area. The applicant will meet with the Fire Chief prior to the Zoning Board of Appeals public hearing.
Caroline Quidort suggested that a homeowner’s trust should be created, that we support the residential sprinklers proposed by the applicant, and the drainage plans and road improvements should be approved by the Engineering and Fire Departments and installed prior to the issuance of an occupancy permit.
Marti Erbe stated that the Manomet Steering Committee has not reviewed this project.
Paul McAlduff asked if there would be any gravel removal.
Mr. Flaherty stated that they would only be relocating the fill from the foundations.
Malcolm MacGregor was concerned with the proposed density. Most of the other contiguous lots in the area have single family dwellings. Mr. McGregor felt that the existing structures were camp style buildings not cottages.
Mr. Flaherty stated that the Town has allowed a similar project in the R 20 zone for 6 units recently which set the precedent for the increase in density.
Loring Tripp was concerned that the site did not have adequate access and that two of the structures had not been occupied for more than two years which invalidates the “nonconforming use” as it has not been a multifamily for more than three years.
Marc Garrett questioned why the petition for a special permit did not include adequate access. Mr. Flaherty replied that it is his understanding that when there are existing structures, even though the road may be substandard, access improvements are not necessary. If it was a vacant lot, they would be required to improve the roadway. The petitioner has planned to widen the road because it was safer.
Loring Tripp asked for clarification on the “adequate access”, and whether the three existing structures all had full bathrooms and kitchens.
Valerie Massard stated that she would request clarification from the Building Commissioner when he returns from vacation with respect to the access requirements and residential sprinkler requirements.
Malcolm MacGregor requested the size of the existing structures.
Mr. Flaherty replied that one was approximately 288 sq. ft. and the others were of similar size.
Loring Tripp felt that the existing number of bedrooms on the site should be maintained. Although the clean up of the site would benefit the neighborhood, the proposed use may be too dense and significantly more detrimental.
Mr. Flaherty stated that the neighbors are in support of the improvements to the site and asked if the review could be continued to have input from the Building Commissioner.
Paul McAlduff suggested that the project should be reviewed by the Manomet Steering Committee.
Marc Garrett moved to continue the review to January 29, 2007; the vote was unanimous (4-0).
Paul McAlduff moved to adjourn at 8:45 p.m.; the vote was unanimous (4-0).
Respectfully Submitted,
Eileen M. Hawthorne Approved: January 29, 2007
Administrative Assistant
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