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: Marc Garrett, Loring Tripp, III, and Paul McAlduff
Planning Board Alternate: Timothy Grandy
Staff Members: Valerie Massard, and Howard Coppari
Recording Secretary: Eileen Hawthorne
Administrative Notes:
BOA 3412 – Kenneth & Patsy Frasier
The Board will recommend approval of the access improvement plan per Condition No. 1 of BOA Case 3412, Kenneth & Patsy Frasier, Kingston Road, M 49, L 3-269.
Paul McAlduff moved to approve the Administrative Notes as presented; the vote was unanimous (3-0).
Presentation
Open Space Committee – Article 13 STM – Stephen’s Field
William Keohan presented the Open Space Committee’s proposed article for Spring Town Meeting. The article proposes to change Lots 16B, 17C, 17C-1, 23 and 23A on Assessors Map 23 from general municipal purposes to Park/Recreation. The proposal is consistent with the Town’s Master Plan and the Recreation & Open Space Plan, which calls for strategy to acquire open space that is adjacent to recreational land. If the parcels were placed under recreation, the construction of recreational buildings and other recreational facilities would be allowed. The proposal has been presented to Town Meeting Representatives from Precinct 3 who were supportive.
Paul McAlduff thought that the sale of the above-mentioned parcels would allow for much needed improvements of the existing amenities at Stephen’s Field. Mr. McAlduff also wanted to know what the value of the land was.
Jerry Sirrico stated that in 1975, the Federal Government invested $190,000 for improvements to Stephens Field. Mr. Sirrico was not supportive of the sale of the parcels for residential use.
Loring Tripp asked if the site has undergone a 21E assessment. Mr. Tripp felt that although the residential units would be beautiful, the citizens would be more likely to support additional and continued recreational uses in an already developed neighborhood with beach access.
Mr. Keohan stated that Redevelopment has begun to look into the testing of the site. The testing will help to determine whether the site can be built on or if it should be capped.
Marc Garrett was supportive of increasing the pocket park downtown. Mr. Garrett did have some environmental concerns given that the site was formerly used as a bus station and for a crane company and that there are tidal and wetland issues.
Loring Tripp moved for the Board to support Article 13; the vote was (2-1) with Paul McAlduff in opposition.
B530 – Waterhouse Properties LLC
Road Landscaping Presentation, Plan and Covenant Endorsement
Atty. Edward Angley reminded the Board that under the approval of the above-mentioned subdivision, prior to endorsement of the plans and the covenant the landscaping plan was to be presented for approval. Atty. Angley stated that the covenants have been endorsed by the owners.
Jon Henson presented the landscape plan for the proposed roadway which spans from Cherry Street to William C. Gould Way in Kingston. There will be five varieties of street trees planted along the curvelinear roadway. Plantings under the utility company’s right of way would be lower in height. The plantings will be drought tolerant and will provide seasonal interest. The planting plans for the individual lots would be presented as the sites are developed.
Loring Tripp suggested that a five year planting protection provision should be required on the boulevard. The applicant agreed to this requirement.
Valerie Massard stated that the landscaping plans would become part of the subdivision filing; the plans have been peer reviewed and adjusted according to the recommendations made by Beals and Thomas; the road will be named Prestige Way; and the covenants have been endorsed by the owners.
Paul McAlduff moved for the Board to approve the landscaping plans with a condition of a five year performance guarantee for the plantings, which will be inspected at the end of the five years and endorse the subdivision plans and covenant; the vote was unanimous (3-0).
BOA 3479 – Eric J. Pontiff
Black Cat Road/M 90, L 17-1 and 17-2
Gravel Removal Request
Atty. Edward Angley and Mark Flaherty presented the application for special permits subject to EDC for gravel removal in order to remove approximately 206,000 cubic yards of gravel in order to expand existing cranberry bogs by 1.5 acres and to construct a 1.2 acre tailwater recovery pond. The material will leave the site by heading west on Black Cat Road to Federal Furnace Road. The on-site tailwater recovery pond will reduce the amount of nutrients going into Billington Sea. Billington Sea will only be used to draw water during severe drought conditions. An ANR plan recently approved by the Board for this property created four residential lots. If these special permits are approved, the applicant would like to retain the right to erect one single family residence and abandon the three other
residential lots. Colby Woods, an abutter, is in support of the project.
Valerie Massard suggested pulling the grading back or changing the shape of the grading in order to provide a better buffer for the residences along Greenview Drive. Ms. Massard stated that DPW has requested that the gift of 10 cents per cubic yard of material removed be increased to thirteen cents due to the rising costs of road improvements.
Mark Flaherty stated that the side slope could be changed to 2:1 instead of the proposed 3:1 and that erosion control blankets will be utilized.
Paul McAlduff moved for the Board to recommend approval to the Zoning Board of Appeals subject to the following conditions:
Excavation of materials shall be allowed for a period of two (2) years from the start of excavation. The applicant shall notify the Building Commissioner prior to the commencement of work. Upon completion of the two (2) year period the applicant shall have sixty (60) days to submit a written request to the Board of Appeals for an extension of the excavation period. The Board of Appeals may deny the request of the extension for the following reasons:
(a) Violations of the conditions of the original permit.
(b) The work site has been deemed abandoned by the Building Commissioner.
(c) Proper stabilization methods are not maintained.
(d) Documented violation of agreed upon truck routes.
The Petitioner has offered a gift towards the repair of the roadways in the vicinity of the project. A gift of $0.10/cubic yard for road repair in the vicinity of the project, to the Town of Plymouth, shall be offered prior to removal of more than 100,000 cubic yards from the property.
No earth work shall begin until the plans are revised, and these plans shall be subject to further review by the Planning Board prior to final approval by the Board of Appeals. The Petitioner has agreed to such revisions. Said revisions shall include:
o Modification of the proposed side slope in the vicinity of Greenview Drive in order to leave a more significant wooded buffer to the abutting residences; said slope may become 2:1 slope;
o Add pockets of shrubbery plantings in addition to the erosion control measures included on the plans;
o Address the technical matters of site distance raised in the memorandum from DPW dated February 14, 2008;
o With respect to Section 205-18, Paragraph F of the Bylaw, no grading shall occur within 50 feet of a lot line. The grading should be pulled back on the southeasterly lot line to 50 feet, at a minimum.
o Show where processing equipment, if any, will be located; describe equipment.
o The Petitioner shall explore the feasibility of altering the shape of the bog to determine if a different final shape could alleviate some of the impact to the adjacent hillside and more naturally fit into the existing contours, reducing impacts to said hillside, to be consistent with the Intent of Section 205-18, which is to prevent cumulative damage to landscape and topography and related valuable and nonrenewable natural resources in the Town of Plymouth.
o Show revised calculations as to the amount of material that will be removed in order to accomplish the work shown on the plans.
o The grading plans will be revised with a note on the plan, prior to the start of any work at the site, to reflect the revised calculations of the amount of cubic yards of material that will be removed in order to accomplish the work shown on the plans, stating that this cubic yardage 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 shall 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 excavation and trucking of material and/or noise generated by the excavation, operation, engine start-up 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.
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 Petitioner shall provide an “as-built” survey which verifies that no more than approximately 206,000 cubic yards of material were removed.
The Petitioner shall provide temporary signs warning traffic of truck entry for safety, as determined by the Police Department and will be approved by the Director of Inspectional Services, if needed.
The Petitioner notify the school system with respect to the truck route and coordination with bus routes.
A limit of 40 truck trips per day will be the maximum allowed for all earth removal operations for the projects. Every effort shall be made to phase the truck trips with the other local projects.
A heavy-equipment truck route shall be designated an approved by the Board of Appeals.
No excavation shall be larger than five (5) acres for earth removal, storage, and/or processing at one time. Prior to the commencement of excavation of any subsequent areas the preceding five (5) acre operation the preceding five (5) acre operation shall be stabilized either temporarily or permanently.
The Petitioner shall permanently stabilize any portions of the site that are not under construction after earth removal activities have ceased for a period of six (6) months.
A performance bond determined by the Town, and directly tied to the restabilization of the work site, shall be required in an amount equal to a documented, verifiable estimate of cost to vegetatively reclaim the work site according to the site plan and existing conditions site plan. The estimate shall include an adjustment for projected inflation or other predictable factors over the term of the permit plus one year.
Planting required for stabilization shall occur no later than October 31st.
The Building Commissioner or its duly authorized agent shall have access to the excavation site at all times in order to inspect the site to insure compliance with the approved site plan.
Monthly statements are to be submitted to the Building Commissioner from a Registered Professional Engineer stating that the conditions of the Special Permit are being followed, and providing tallies of earth removal to accurately determine the amount of gravel being removed.
The Petitioner agrees to a restriction on the parcels of land subject to this Petition prohibiting the construction of more than one (1) residential dwelling, provided that said restriction will not preclude construction or use for agricultural purposes, including but not limited to construction of the bogs, and pump houses, irrigation or drainage facilities, barns, or other such facilities for agricultural use, nor would any such restriction preclude access through this site or installation of utilities through the site for residential use on other land. The Petitioner also agrees to record an executed copy of the attached Covenant and Restriction, subject to acceptance as to form of the document by Town Counsel. Said restriction shall be recorded prior to the commencement of earth removal on the subject property.
Integrated Pest Management Techniques (outlined in the Department of Agriculture's guidelines entitled “Integrated Pest Management (IPM) Techniques Required for Regulations Governing Protection of Groundwater Sources of Public Drinking Water Supplies from Non-point Pesticide Contamination”) are to be utilized on the bogs.
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 unanimous (3-0).
The Board took a five-minute recess.
BOA 3478 – Tedeschi Food Shops
2300 State Road/M 54, L 6-3 & 6-8
Atty. Robert Kraus, Robert McGann, Storr Development and Brendan Sullivan, Canavarro Consulting, presented a revised plan for the request for special permits subject to EDC for gas pumps, to waive the front setback requirements and for a building over 6,000 sq. ft. in order to demolish an existing commercial building and construct a 6,600 sq. ft. convenience store with drive-in establishment and to install gasoline pumps. The building would be similar to one in Londonderry which has a wood frame with a dutch, hip roof and three islands with a canopy above would house the gas pumps. The proposal has been reviewed by the Cedarville Steering Committee and will go before the Design Review Board if the use is granted. The revised internal traffic flow pattern was presented. The loading area has been moved away from the
drive thru, a traffic island has been added, and the lighting will comply with the dark sky bylaw. A traffic study for the site has not been done.
Valerie Massard stated that staff’s report was based on the plans submitted to the Board of Appeals and not on the revised plans that were being presented which have not been submitted to the Board of Appeals. Ms. Massard also stated that the trip generation information was submitted late and she has not had time to review the information. Information has not been received on the height of the buildings and canopies, the number of fuel pumps, etc. Ms. Massard suggested that the applicant should consider a waiver of timelines as the public hearing is scheduled for March 19, 2008 or withdraw the petition to allow staff to work with the applicant on the revisions to the plans.
Mr. McGann stated that he would be amenable to requesting a continuance of the BOA hearing, but they didn’t want to invest a lot of money in the details if the use was not going to be approved. Mr. McGann also stated that the trip generation memo was based on industry standards, but doesn’t adequately address the existing traffic conditions.
Paul McAlduff was concerned that the area already has high incidence of traffic accidents and that increasing the use of the site would be detrimental to the area.
Marc Garrett and Loring Tripp were concerned with the deficiencies in the submittal and Mr. Garrett suggested that there were two options; go with what was submitted and a likely negative recommendation or work with staff to revise the plans
Atty. Kraus agreed to ask the Board of Appeals for a continuance.
Ms. Massard suggested that the Board could wait and vote on the petition next week to ensure that continuance request is submitted.
Paul McAlduff moved for the Board to continue this review to March 10, 2008; the vote was unanimous (3-0).
Paul McAlduff moved to adjourn at 9:05 p.m.; the vote was unanimous (3-0).
Respectfully Submitted,
Eileen M. Hawthorne Approved: March 31, 2008
Administrative Assistant
| 
