Skip Navigation
This table is used for column layout.
Planning Board Minutes July 2, 2007
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, Marc Garrett, Loring Tripp, III, and Paul McAlduff
Planning Board Alternate: Timothy Grandy
Staff Members: Valerie Massard and Caroline Quidort
Recording Secretary: Eileen Hawthorne

Public Hearing
        Pinehills LLC/Market Block
Malcolm MacGregor read the public hearing notice and opened the public hearing.
John Judge presented the plan for Market Block in the Pinehills Development.  This plan is for the next phase of roads and commercial parcels.  The new streets would be Purchase, Exchange, Trading Post, and Merchants Row.  
Valerie Massard stated that the proposed plan is consistent with the master plan and the conceptual plan the Board reviewed at a previous meeting for the grocery market.   
Loring Tripp moved to close the public hearing; the vote was unanimous (4-0).
Loring Tripp moved for the Board to approve the modification of the definitive subdivision plan for Market Block as presented; the vote was unanimous (4-0).  

Public Hearing
        Pinehills LLC/Great Island
Malcolm MacGregor read the public hearing notice and opened the public hearing.
John Judge presented the modification of the Great Island section of the Pinehills Development in order to create the streets named Weathervane, Looking Glass and Horizon.   The neighborhood was previously approved, but when Great Island Road was constructed, it was closer to the proposed houses than predicted.  The road is encroaching on the 100 ft. setback that Pinehills likes to keep from the houses.  There are no additional lots.  
Valerie Massard suggested providing a turnaround at the end of Horizon.
Mr. Judge agreed to have the engineers look at providing a turnaround.  
Peter Stearns questioned why the emergency access onto Savery Road was constructed at 25 ft. instead of 20 ft. and when the permanent gate would be installed
Mr. Judge stated that this location was thinly vegetated and more trees could be transplanted to make it 20 ft. wide and the gate has been ordered.   
Marc Garrett questioned how far the road would be moved.
Mr. Judge replied that in order to maintain the self-imposed 100 ft buffer the road would be altered 4-5 ft. in some areas and 15-20 ft. in other areas.  
Paul McAlduff moved to close the public hearing; the vote was unanimous (4-0)
Paul McAlduff moved to approve the plan subject to the following conditions:
The modification to the approved plan is subject to (i.) all conditions listed in the approval for the Master Plan Special Permit and the applicable Planning Board covenant with respect to this subdivision is extended for two (2) years.
CONDITIONAL upon the Applicant returning with a revised plan that addresses turnaround issues for emergency and service vehicles at the endpoints of Horizon;
and CONDITIONAL upon the Applicant planting, at a minimum, one additional evergreen tree at the point where the emergency egress connects with Savery Road for screening purposes.
The vote was unanimous (4-0).


Administrative Notes
Minutes of June 18, 2007
Paul McAlduff moved to approve the minutes of June 18, 2007 as presented; the vote was unanimous (4-0).

B519 - Lighthouse Cove – extension
The Board approved the request for extension for the B-519 Lighthouse Cove Retirement Community subdivision, consistent with correspondence from Attorney Robert C. Betters on behalf of the Applicant, dated June 15, 2007 extending the Planning Board Covenant until October 7, 2009.  The subdivision has met all of the requirements under subdivision control; however, the subdivision road is not to be built, it is for zoning purposes.
        
B523 - Valley View Preserve – extension
The Board approved the request for extension for the B-523 Valley View subdivision, consistent with correspondence from Attorney Robert C. Betters on behalf of the Applicant, dated June 15, 2007, extending the Special Permit (RDD) and Planning Board Covenant through February 13, 2010.  This subdivision has recorded plans, recorded a conservation restriction on the open space, received approval from the Natural Heritage Program, and otherwise acted on preparing for construction; however, due to market conditions, road construction has not begun.  No changes to subdivision control regulations or other significant changes in the area have occurred that would affect the original approval.
        
Paul McAlduff moved for the Board to approve the administrative notes; the vote was unanimous (4-0).

Conceptual Review – Marinilli
        East Russell Mill Road/RDD
Tony Marinilli presented conceptual plans for a 17 lot definitive subdivision in the R40 zone and a 15 lot RDD with open space.  The proposed 1700 ft. cul-de-sac road would access East Russell Mills Road at a ninety degree angle and would extend for approximately 300 ft. before the residential lots begin.  There is an existing natural low spot to the left of the proposed road for drainage.  
Valerie Massard explained that the site is adjacent to the Plimoth Plantation Highway, the M road connector, and East Russell Mills Road, a public gravel way.  Improvements to the road need to be explored.   There is a question of how many vehicle trips the road could support versus the number of buildable lots that would be viable.  
Gill Primeau stated that currently the dirt road is graded several times a year and would require extensive improvements.  Mr. Primeau asked whether the site would be serviced by wells or Town water.
Mr. Marinilli stated that Town water exists in the area.  
Mr. Primeau stated that there is a limited source of town water, as a private line was put in by the residents.  The line has been accepted by the Town, but it was not meant to service additional homes.  
Mr. Marinilli suggested that it might be better to pave the road and that he would look into the water source.   
Dorothea Bowles stated that the residents have petitioned the Town to have the road paved.
Marc Garrett questioned whether the site was in a habitat area.  Mr. Garrett requested preliminary profiles to get a sense of the topography of the site and potential encumbrances.  
Mr. Marinilli replied that the site is not in a habitat area.   
Loring Tripp asked what the proposed length of road was.
Mr. Marinilli stated it was 1700 ft.
Mr. Tripp stated that the road exceeds the “as of right” length, and the proposed plan did not show emergency access; therefore it would be difficult to calculate the base density.
Mr. McAlduff was also concerned that no emergency access/egress was shown.   
Malcolm MacGregor agreed that the design of the RDD should take into account the topography of the site and create open space in between lots.
Valerie Massard suggested that the conceptual plan should be revised to reflect the Board’s concerns and be presented at a future meeting.

BOA 3436 – Fotiades (7/18
        Alpine Road/Homes for Troops/SP for access
Don Bracken – Bracken Engineering, presented a request for a special permit for access in order to construct a single family dwelling.  The lot was created as part of the B526, Alpine Road subdivision and was originally to be offered to the Town.  If approved for access, this lot would be donated to “Homes for Our Troops”, to create housing for a handicapped veteran who has returned from Iraq.  The site has frontage on Glen Road and Hillcrest Road.  The site would be accessed off Valley Road with a proposed 10 ft. paved driveway.  Drainage improvements would include a catch basin and leaching basin.  The home would be a ranch style with garage parking to accommodate handicap parking.  Guest parking would also be provided.  Utilities would include a well and septic system.
Curt Rebello, Homes for Our Troops, stated that if the home was donated to the organization, a handicapped veteran from Dorchester would become the owner.   Mr. Rebello explained that the organization retains ties to the property for five years, and then the home would be deeded to the veteran.  
Bob Phelps, Homes for Our Troops, explained that the home would be built to accommodate the handicap of the veteran and would be gifted to him as thanks for his service to the country.  
Valerie Massard stated that the land was part of the Special Permit for the Alpine Road subdivision and has been offered and accepted by the Town, but that the deed has not been recorded yet.  Ms. Massard felt that this proposal was consistent with the intent of the special permit.   
Paul McAlduff moved to recommend approval to the Zoning Board of Appeals subject to the following conditions:
Prior to the start of grading on the lot or Glen Road layout, the Petitioner will provide drainage calculations for the improvements shown on the plans.  The Town Engineer or Town’s consulting engineer shall review and approve the proposed road and drainage improvements for storm water runoff containment, and said improvements shall be subject to 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.
The vote was unanimous (4-0).
Loring Tripp moved for a clarification of the subdivision vote (B526) to be recorded to reflect the change to the requirement that the land be donated to the Town; the vote was unanimous (4-0).  

BOA 3433 – Archibald (cont. from 6/25)
        Wood Street/SP to enlarge non-conforming; waive off-street parking
Caroline Quidort informed the Board that staff met with the Director of Inspectional Services regarding this request for a special permit to enlarge a non-conforming use and waive off-street parking.  The Director stands by his finding that from the zoning perspective there is no existing bedroom on the third floor.  There is nothing on record that indicates that any permits have ever been issued for the construction of a third unit.  Any work on the third floor was done without proper authorization and has since been abandoned.   
Valerie Massard stated that the applicants met with staff on June 30, 2007 and are aware of the Director’s position, and that the applicants were unable to attend this Planning Board Meeting.  
Loring Tripp moved to recommend denial to the Zoning Board of Appeals based on the following;
A two-family structure is allowed in this zone with a minimum lot size of 30,000 SF.  The pre-existing non-conforming lot of 6,350SF is significantly less than the minimum of 30,000 SF.  Increasing the use of the property would be substantially more detrimental than the existing nonconforming structure and use to the neighborhood.  
 There are not adequate and appropriate services for this site.  The site is serviced by Town water and Town sewer.  However there is not appropriate parking for the proposed use.  The proposed reduction in parking standards will create a parking area in which it may be difficult to maneuver.
There will be increased hazard to pedestrians and vehicles.  The proposed parking minimums for the off-street parking creates inadequate turning radius for vehicles. The proposed reduction in parking standards will create a parking area in which it may be difficult to maneuver.
There will be nuisances and/or adverse effects on the neighborhood.  The lot is significantly undersized for the current use.  Increasing the use of the property would be substantially more detrimental to the neighborhood.   
The vote was unanimous (4-0).
        
Valerie Massard reminded the Board that for the months of July and August meetings are being scheduled on alternating weeks.  

Paul McAlduff moved to adjourn at 8:10 p.m.; the vote was unanimous (4-0).

Respectfully Submitted,




Eileen M. Hawthorne                                             Approved: July 30, 2007
Administrative Assistant