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, Paul McAlduff, William Wennerberg and Larry Rosenblum
Planning Board Alternate: Timothy Grandy
Staff Members: Lee Hartmann, Valerie Massard, and Howard Coppari
Recording Secretary: Eileen Hawthorne
Malcolm MacGregor thanked Loring Tripp for his years of service as a Planning Board member and welcomed William Wennerberg as a new member of the Planning Board.
B543 – A D Makepeace River Run – Draft Vote
Larry Rosenblum recused himself and left the room and Timothy Grandy joined the Board for the review of the draft vote.
Valerie Massard handed out a revision to the draft vote for the AD Makepeace project and reviewed the minor changes and clarifications.
Malcolm MacGregor asked if the status of the roundabouts were the same and what would be utilized for speed control on Long Pond Rd.
Ms. Massard stated that the following two intersections would definitely have roundabouts: Long Pond Rd./Clark Rd. and Long Pond Rd./Halfway Pond Rd. Long Pond Rd. and between the Halfway Pond Rd. and Clark Rd. intersections, as well as, Bourne Rd. have been designated as areas for traffic calming measures.
Timothy Grandy asked whether the landscaping in the roundabouts was included in the vote.
Ms. Massard stated that the language was on page 33 as note 2.
Marc Garrett moved to approve the Master Concept Plan Special Permit for River Run - B543; the vote was unanimous (4-0).
Larry Rosenblum rejoined the meeting.
The Board reorganized as follows:
Larry Rosenblum nominated Marc Garrett for the Chair; the vote was unanimous (5-0).
Larry Rosenblum nominated Malcolm MacGregor for Vice Chair.
Malcolm MacGregor nominated Paul McAlduff for Vice Chair.
The vote for Mr. MacGregor was (3-0) with the vote for Mr. McAlduff (2-0).
Larry Rosenblum nominated Paul McAlduff for Clerk; the vote was unanimous (5-0)
Paul McAlduff nominated Larry Rosenblum for Clerk Pro-Tem; the vote was unanimous (5-0).
Larry Rosenblum moved for the Board to advertise for the Planning Board Alternate position; the vote was unanimous (5-0).
Administrative Notes:
The Board recommended approval of BOA 3491, Frank P. Drollett, High Pine Drive, Map 105, Lot 6-16 – Special Permit to waive side setback requirements in order to construct a 12’x18’ shed.
The Board recommended approval of the minutes of April 28, 2008 and April 30, 2008 as presented.
Malcolm MacGregor moved for the Board to approve the Administrative Notes as presented; the vote for BOA 3491 – Frank P. Drollett was unanimous (5-0) and the vote to approve the minutes was (4-0) with William Wennerberg in abstention.
BOA 3348 Remand – Meharg/Black Cat Cranberry Co.
Watercourse/Black Cat Roads, Map 90, Lots 36A and 43
Marc Garrett recused himself from the review of BOA 3348 Remand and left the room.
Valerie Massard stated that the Board of Appeals denied the petition because of concerns with continued traffic associated with gravel removal. The petitioner appealed the Board of Appeals denial and the Court has remanded the case back to the Town, stipulating and limiting the specific items that may be addressed by the remand. Staff has worked closely with the petitioners on revised conditions of approval are as follows:
Excavation of materials shall be allowed for a period not to exceed three (3) years from the start of excavation.
The grading plans will note prior to the start of any work at the site that approximately 224,100 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.
The Petitioner shall submit an erosion control plan and dust suppression measures to the Building Commissioner for approval and shall include a minimum of 75 feet of bituminous asphalt material on the access road at the intersection with Watercourse Road, with 50 feet of coarse aggregate material beyond the asphalt on the access road, as well as watering of the roadway as a dust suppression measure. 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 (3) years. Proposed side slopes shall be at a grade of 3:1 (or 2:1 in the discretion of the Building Commissioner) 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 224,100 cubic yards of material were removed.
The Petitioner shall provide temporary signs warning traffic of truck entry and exit on Watercourse Road. Signs shall be posted at appropriate locations.
A limit of thirty-five (35) truck trips per day will be the maximum allowed. Incoming empty trucks shall approach the subject property via Black Cat Road, and outgoing loaded trucks shall leave the subject property via Billington Street. Nothing in the foregoing, however, shall be deemed to preclude incoming empty trucks from coming to the subject property via Billington Street. Every effort shall be made to phase the truck trips with the other local projects.
Prior to the commencement of earth removal activities, the petitioner shall notify the principals of each public school to which students living in the area are bussed of the hours and routes of truck traffic, in order that the parents of these students can in turn be notified of same.
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 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 Building Commissioner, and directly tied to the re-stabilization 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 (1) year.
Planting required for stabilization in any applicable year shall occur no later than October 31.
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 shall submit $25,000 to the Town of Plymouth for use toward the road improvements and inspection of the gravel removal operation in the Black Cat Road, Watercourse Road and Billington Street area prior to the start of the earth removal.
The plans must include any on-site use of processing equipment. The size and location, as well as measures to minimize the impacts of noise, vibrations, and dust generated from such equipment must be detailed.
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.
Paul McAlduff moved to recommend approval of the Petition (BOA 3348) subject to the revised Conditions as listed above; the vote was unanimous (4-0).
Marc Garrett rejoined the board.
Discussion
MEPOD Conceptual Plan Review
Lee Hartmann presented an amendment to the proposed MEPOD bylaw to address the concerns regarding noise. The amendment follows DEP standards.
The revised language requires that the project comply with state regulations and would read as follows:
The Project shall comply with the noise standards in Code of Massachusetts Regulations (310 CMR 7.10) and the following:
a. Noise from the Project shall not increase the broadband sound level by more than 10 dB(A) above ambient, or
b. The Project shall not produce a “pure tone” condition – when any octave band center frequency sound pressure level exceeds the two adjacent center frequency sound pressure levels by 3 decibels or more.
These criteria are measured both at the property line and at the nearest inhabited residence. “Ambient” is defined as the background A-weighted sound level that is exceeded 90% of the time, measured during equipment operating hours.
A noise impact analysis shall be provided by the applicant as part of the Site Plan Approval to determine compliance with the foregoing and any other applicable local, State and Federal regulations.
The MEPOD Master Plan shall include criteria and limitations approved by the Planning Board for waiving the requirements of clause 1 above in the Studio Production Complex by the Director of Inspectional Service with input from the Citizens Advisory Committee for outdoor cinematic and television productions and filming.
Paul Luszcz was concerned with the language regarding waivers of the noise levels. He requested that the bylaw insure that any waivers of the noise levels were granted on a temporary basis.
Paul McAlduff moved to amend the language to include “temporary” waivers of noise; the vote was unanimous (5-0).
Malcolm MacGregor moved to amend the language to include “temporary” waivers of lighting; the vote was unanimous (5-0).
Studio Presentation:
Bill Wynne stated that tonight’s presentation would include an overview of a studio and how it operates and subsequent meetings would include presentations on the village center and then phasing and construction.
David Kirkpatrick presented pictures of Paramount Studios which is located on 67 acres in Los Angeles. The site has a 150 ft. buffer from the surrounding neighborhoods. There are three separate areas: administration, sound stages and back lots. The site has a campus like setting, with landscaped areas around the administration buildings. One of the back lots is 10 acres and the other is 4 acres. The back lots include streetscapes with pop out artifices for versatility. The studio has 32 sound stages. The proposed Plymouth Rock Studio would have 14 sound stages as part of phase one. The intent of the proposed master plan is to create a peaceful, tranquil environment and to create a LEEDS certified operation.
Malcolm MacGregor asked for a clarification of the differences between Paramount Studios and what is proposed for Plymouth.
Mr. Kirkpatrick explained that Paramount Studios has 7 or 8 administration buildings while Plymouth Rock Studios would have 2 administration buildings; there would be 14 sound stages with the possibility of an additional 8 sound stages as opposed to the 32 sound stages at Paramount; and the back lot would be 8 acres instead of the 14 acres at Paramount.
Larry Rosenblum presented a memo outlining a series of program details that he would like to see elaborated upon. Mr. Rosenblum requested more information regarding open space, building land requirements, building height requirements, number of buildings and gross floor areas, number of bedrooms, hotel rooms, potential stores, classrooms, sound stages, etc; traffic and parking implications, special services needed, impacts requiring special mitigation, resulting job numbers/types/salaries, potential tax benefits; and clarification of the impacts of Special Events and Tourist Related Programs.
Mr. Kirkpatrick replied that the major component of the project is the sound stages; the retail would provide amenities for the business and to keep the traffic off of Bourne Road. The educational component is in conceptual states.
Mr. Rosenblum had some concerns with how much development could be on the site and the negative impacts it could have on the community. He stated that the bylaw defines some maximum limits, but does not include a maximum limit for office space. He was concerned that the site could turn into a large office park.
Mr. Wynne stated that the Floor Area Ratio (FAR) at Paramount Studios is 6 and the proposed FAR for Plymouth Rock Studios is 0.35 which is much lower density. Mr. Wynne stated that it was important to keep the site green in order to qualify for LEEDS certification. He stated that if the bylaw passes at Town Meeting, they would still need to come back to the Board for permitting.
Lee Hartmann stated that a master plan special permit for the studios and ancillary uses would have to be approved by the Board.
Marc Garrett clarified that as a condition of a master plan special permit, site plan review would be required. If the site plans were inconsistent with the master plan special permit, the permit would have to be amended.
Malcolm MacGregor suggested that the Board should have a program review with diagrams and text regarding the proposed project that would aid in making an appropriate analysis. Mr. MacGregor asked how the New England weather would affect the filming.
Mr. Kirkpatrick stated that the pro-forma’s were based on a 70% capacity because of the weather.
Mr. MacGregor asked how the flexibility of the bylaw fits in with the proposed height of the hotel component. The alternate would be to lower the maximum height and allow for waivers based on design elements.
Mr. Rosenblum suggested discussing the preliminary cost benefit analysis that was included in the Board’s packet.
Mr. Wynne stated that the preliminary report provides overall data that will be supported by a final report. For example they are meeting with the police department this week and will be able to better assess the community services needed; which will then be included in the final report. The cost/benefit analysis which outlines the benefits to the Town will include the employment opportunities, tax revenue, and a revenue stream created by spending for goods and services by those utilizing the studios and village center.
Mr. Rosenblum raised questions regarding parking for special events. Mr. Rosenblum asked about the timeline for town meeting.
Mr. Hartmann replied that the Town Meeting booklets will go to print this Wednesday, but that changes could be proposed right up to and on Town Meeting floor.
Marc Garrett suggested using the time before Town Meeting to propose changes and to make a singular presentation of the proposed changes.
Larry Rosenblum requested that the FAR be shown on the conceptual plan.
Mr. MacGregor asked whether the visitors would be accommodated on site.
Mr. Wynne says the intent is to hold the events in a controlled environment within the secured area, but that there would be an opportunity for local businesses to provide goods and services.
Mr. Rosenblum asked for clarification on the land to be transferred to conservation; how the land was selected and by whom, the size of the lots and the location, and what role the Public Lands Committee had in the selection process.
Mr. Hartmann replied that the Public Lands Committee has created a document that will be submitted to the Board of Selectmen that identifies the criteria for moving forward with town owned property; regarding the 89 acres, there was an outreach to environmental groups to be considered as additional mitigation for the project. Mr. Hartmann identified the parcels on the wall map.
Other Business:
B520 – Beaver Dam Ridge – Performance Guarantee Reduction
William Wennerberg moved for the Board to release $109,134.00 from the performance guarantee for B520 – Beaver Dam Ridge subject to confirmation from Beals & Thomas that the paving has been completed to their satisfaction; the vote was unanimous (5-0).
B545 VOSD/ANR #4295, Anderson Glen Ave.
Malcolm MacGregor moved for the clerk to endorse the above-mentioned plans; the vote was unanimous (5-0).
B543 MP – River Run, A D Makepeace - the Board endorsed the vote for the Master Plan Special Permit as voted earlier in the meeting.
Mr. MacGregor moved for the Board to adjourn at 9:15 p.m.; the vote was unanimous (5-0).
Respectfully Submitted,
Eileen M. Hawthorne Approved: June 2, 2008
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