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: None
Staff Members: Lee Hartmann and Caroline Quidort
Recording Secretary: Eileen Hawthorne
Form A’s:
A4252 – Pickerel Cove (B505) - Land Court Plan to create parcels showing drainage easements on open space lots: Lot 1333 (12,950 sf), Lot 1334 (22,144 sf), Lot 1335 (11,070 sf), and open space lots: Lot 1336 (27.20 A), Lot 1337 (2.12 A) and 1338 (9,390 sf).
Larry Rosenblum moved for the clerk to sign the plan; the vote was unanimous (5-0)
A4253 – Map 45, Lots 26-2, 26-3, and 26-4, Brook/State Roads – Lot line adjustment to create lots 26-6 (22,607 sf) and 26-7 (46,681 sf)
Paul McAlduff moved for the clerk to sign the plan; the vote was (4-0-1) with Loring Tripp in abstention.
BOA 3412 – Kenneth & Patsy Frasier
Kingston Road
Marc Flaherty presented the request for a special permit for access in order to construct a two story single family dwelling on property shown on Assessors Map 49 as Lot 3-269, Kingston Road. The property is in a subdivision that was laid out prior to zoning. Kingston Road is currently paved to the beginning of the subject property to a width of 10-12’ and is in poor condition. Kingston Road can be accessed from Pembroke Road which is approximately 18-20 ft. wide. Currently, flooding occurs at the intersection of Pembroke and Kingston Roads. The improvements to the lot include a versaloc retaining wall along the side boundaries of the property with a planted swale at the rear of the lot to capture stormwater runoff. The road improvements include installation of a stormwater recharge system with
a 2000 gallon water quality inlet and repaving to a width of 16’ with 12” berms on each side. Emergency vehicles would be able to access the site and continue on Kingston Road to exit out onto Centerville Way. The site has no wetland issues and is not in a floodplain, habitat area or Zone II.
Caroline Quidort stated that the applicant has entered into a purchase and sale agreement with current owner. The widening and repaving of the road would address existing drainage issues in the area and would be an improvement to a road that is in poor condition.
Marc Garrett questioned whether the swales in the rear of the property will be able to contain the runoff.
Mr. Flaherty replied that Mr. Manfredi would enforce the requirement that all stormwater runoff must be contained on site.
Mr. Garrett suggested that drainage calculations and a planting plan should be shown. He wanted to be insured that the system would be adequate to handle the runoff.
Paul McAlduff stated that in the summer this area is very congested with vehicles and unsafe for pedestrians. Mr. McAlduff was not supportive of allowing additional homes in the area.
Larry Rosenblum moved to recommend approval to the Zoning Board of Appeals subject to the following conditions:
Prior to the issuance of a building permit, the Petitioner shall provide revised plans which address the following; as required by the Board of Appeals. Said improvements shall be reviewed by the Planning Board with final approval by the Zoning Board of Appeals:
a. The end of the bituminous concrete shall be sloped so that the new pavement is six (6) inches below the existing gravel road so that the new pavement will be protected from raveling and will not created a hazard for snow plowing and grading the gravel portion of the road.
b. Show the details of the proposed retaining walls.
Prior to the issuance of a Certificate of Occupancy, said improvements are to be installed under the supervision of a Registered Professional Engineer. The engineer must certify that the improvements noted above have been installed in accordance with the conditions noted herein and accepted installation practices.
Only one single-family home shall be constructed.
Stormwater drainage shall be contained on the lot as required under the Bylaw.
Marc Garrett requested that the following condition be added:
The proposed swale at the rear of the property shall be properly sized, with calculations to support the capacity of the swale.
Mr. Rosenblum amended the motion to include the above mentioned condition.
The vote was (4-1) with Paul McAlduff in opposition.
Appointment
Squirrel Road
Caroline Quidort presented a request for an access determination for a property shown on Assessors map 120 as lot 1-224 and 1-225, The property is located within a subdivision approved in 1952 (Plymouth Shores). The required improvements (20 foot road width and 6-inches of binding gravel) have not been properly maintained. The improvements have been made and presented on an as-built plan.
Loring Tripp moved for the Board to find that Squirrel Road does meet the improvement standards required by the Board in 1952. Said improvements include:
The minimum travel way is 16 feet wide.
Six inches of binding gravel is installed.
The applicant's engineer certified that said improvements have been installed according to accepted practices and in compliance with the 1952 Subdivision Rules and Regulations.
The vote was unanimous (5-0).
Minutes:
February 26, 2007
Marc Garrett moved to approve the minutes of February 26, 2007 as presented; the vote was (4-0-1) with Malcolm MacGregor in abstention as he was not present at the meeting.
March 5, 2007
Paul McAlduff moved to approve the minutes of March 5, 2007 as presented; the vote was (4-0-1) with Larry Rosenblum in abstention as he was not present at the meeting.
BOA 3411 – Churchill Oil
State Road
Atty. Robert Betters presented a request for special permits to waive the side setback requirements, to extend, alter, construct, reconstruct, enlarge and/or move a pre-existing non-conforming structure in order to demolish an existing 30’x30’ building and replace it with a 1.5 story, 40’x60’ retail/office building with a 7’x14’ porch. The new structure would provide three offices, a showroom and storage space for Churchill’s Oil and Gas. The new location of the building would be away from the storage tanks and would provide a safer truck route. Atty. Betters stated that the abutting neighbor, the Manomet Steering Committee and the Design Review Board are supportive of the proposal. One suggestion has been to change the parking to perpendicular which could only be done if the
width of the travel lane was reduced. Atty. Betters read an excerpt from a memorandum from Vanasse and Associates that confirmed that the proposed modifications would result in an increase in traffic, but would not have a major impact on this site or the surrounding roadways. The proposed changes would be an improvement to the circulation within the site and create safer access for delivery trucks and the customers.
Randy Parker, Land Management Systems Inc., presented pictures of the existing conditions on the 1.5 acre site. The front building would be demolished and replaced with a 40’x60’ showroom/office/storage structure which would be 7’ from the property line. A 30’ travel lane would be will access the rear of the site. If the parking is changed to perpendicular, the travel lane would be reduced to 27’. A proposed sidewalk at the front of the site would allow for pedestrian access to the Stop and Shop site. The existing planter at the front of the site would remain if Mass Highway approves the current proposal. A vinyl chain link fence with a gate would be installed near the rear of the new building to provide security for the site.
Jon Henson presented the landscape plan which included a raised planter with low evergreen plantings and lawn are, an open space island with deciduous trees of seasonal interest, rows of evergreen along the side boundary lines, and low foundation plantings.
Lee Hartmann stated that the proposed plan would be a great improvement to Manomet Center. He suggested that a more decorative fencing be used instead of the vinyl clad chain link fencing and if that was not possible for security reasons plantings to screen the fencing should be installed.
Mr. Churchill felt the chain link fencing was needed for security.
Mr. Parker stated that the fence with a gate would allow the industrial portion of the site be closed of and secured.
Loring Tripp suggested wooden fencing with a gate.
Mr. Henson stated they could look at fencing options that would provide adequate security and have a more aesthetic appearance.
Paul McAlduff was supportive of the proposal as it would be an improvement to the site.
Larry Rosenblum asked if the existing access to the adjacent gas station would be retained. Mr. Rosenblum suggested creating a smaller curb cut off State Road.
Mr. Parker stated that the access to the gas station would remain. The curb cut will be addressed between the applicant and Mass Highway, but the preference is to keep it at the existing width.
Loring Tripp suggested adding striping to create a defined pedestrian space along the front of the site or continuing the sidewalk.
Malcolm MacGregor was in support of a more decorative fencing and the installation of a sidewalk.
Paul McAlduff moved to recommend approval to the Zoning Board of Appeals subject to the following conditions:
The applicant has agreed to provide for pedestrian access along the frontage of the property.
Barbwire shall not be installed along the top of the fencing.
The proposed depth of pavement must be delineated.
The final curb cut plans as approved by Mass Highway must be presented to the Town.
The vote was unanimous (5-0).
BOA 3409 – John Paul LLC
Intervale/Summit Roads – Access
AND
BOA 3410 – John Paul LLC
Intervale/Summit Roads – Access
Don Bracken, Bracken Engineering, presented the requests for two special permits for access for Board of Appeals cases 3409 and 3410. Each petition combines several small lots into one lot to be used for the construction of a single family dwelling. The proposed plans would improve the access to a 16’ wide gravel way with drainage for approximately 250’ along Summit Road and 180’ along Intervale Road. Summit Road does continue out to Sandy Pond Road, but is in poor condition. The applicant has agreed to pave the access if requested. Each site would be serviced by well water and a septic system.
Caroline Quidort reviewed the location of the property which is in a previously approved subdivision in which the roads were partially constructed. Alpine Road has been improved under subdivision B526 and provides adequate access to the site locations.
Loring Tripp asked if the grades on the roads exceed 10 percent and whether there was any existing puddling. Mr. Tripp asked if the road was heavily traveled.
Mr. Bracken replied that the steepest grade is 7 percent and that there is some puddling at the lowest point with a depth of approximately 10 inches. Approximately 10 families will be using the road. A rip rap swale to the existing low area will address the drainage issues.
Larry Rosenblum asked if there was emergency vehicle access south onto Sandy Pond Road.
James Fotiades stated that only eight cars use Alpine Road and that it would not be safe for access through the southerly end of Summit Road.
BOA 3409 – John Paul LLC
Loring Tripp moved to recommend approval to the Zoning Board of Appeals of Case No. 3409 subject the following conditions:
Prior to the issuance of a Certificate of Occupancy, the Petitioner will provide plans prepared by a Registered Professional Engineer which show improvements to address drainage and surfacing, as required by the Board of Appeals. The Fire Chief and Town Engineer or Town’s consulting engineer shall review and approve the proposed road and drainage improvements, and said improvements shall be reviewed by the Planning Board with final approval by the Zoning Board of Appeals.
Prior to the issuance of a Certificate of Occupancy, said improvements are to be installed under the supervision of a Registered Professional Engineer. The engineer must certify that the improvements noted above have been installed in accordance with the conditions noted herein and accepted installation practices.
Only one single-family home shall be constructed.
There shall be no further subdivision of the lots.
Along the improved way vegetation shall be cleared to a height of 12’ for emergency access.
The vote was unanimous (5-0).
BOA 3410 – John Paul LLC
Loring Tripp moved to recommend approval to the Zoning Board of Appeals of Case No. 3410 subject the following conditions:
Prior to the issuance of a Certificate of Occupancy, the Petitioner will provide plans prepared by a Registered Professional Engineer which show improvements to address drainage and surfacing, as required by the Board of Appeals. The Fire Chief and Town Engineer or Town’s consulting engineer shall review and approve the proposed road and drainage improvements, and said improvements shall be reviewed by the Planning Board with final approval by the Zoning Board of Appeals.
Prior to the issuance of a Certificate of Occupancy, said improvements are to be installed under the supervision of a Registered Professional Engineer. The engineer must certify that the improvements noted above have been installed in accordance with the conditions noted herein and accepted installation practices.
Only one single-family home shall be constructed.
There shall be no further subdivision of the lots.
Along the improved way vegetation shall be cleared to a height of 12’ for emergency access.
The vote was unanimous (5-0).
Administrative:
The Board endorsed a letter of thanks for the many years of service John DeMarsh provided to the Manomet Steering Committee.
B520 – Beaver Dam Ridge
Paul McAlduff moved for the Board to endorse a tri-party agreement between the Town, Rockland Trust Bank and Pacor Inc. in the amount of ($200,000.00) and to release the following lots from the covenant: 9-11, 9-12, 9-13, 9-15, 9-16, 9-18, 9-23, and 9-26.
The vote was unanimous (5-0)
B505 - Pickerel Cove –
Due to a change in ownership, amended and restated covenants, phasing covenants, deposit agreements, and performance guarantee agreements were presented for endorsement and the following lots were presented for release: 1298, 1299, 1300, 1301, 1302, 1303, 1309, 1310, 1311, 1312, 1316, 1317, 1318, 1319, 1320, 1321, 1322, 1323, 1324, and 1325.
Paul McAlduff moved for the Board to endorse the above-mentioned amended and restated documents and to release the above-mentioned lots; the vote was unanimous (5-0)
B542, The Nature Conservancy
Vote Clarification
Loring Tripp moved for the Board to support the vote clarification that condition No. 1 does not apply to lot 9-1; the vote was ( 4-0-1) with Larry Rosenblum in abstention.
B523, Valley View Preserve
Mr. Hartmann presented the protective covenant restrictions for the above-mentioned subdivision.
The Board was supportive.
Larry Rosenblum informed the Board that there will be a presentation on the Pilgrim Necklace on Thursday, March 22, 2007 at 7:00 p.m. in the Plantation Room.
Loring Tripp moved suggested that letters be sent to the delegation, boards and committees for their support of testing for a wind farm on the “1000 acre parcel”; the vote was unanimous (5-0).
Paul McAlduff moved to adjourn at 9:45 p.m.; the vote was unanimous (5-0).
Respectfully Submitted,
Eileen M. Hawthorne Approved: April 2, 2007
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