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Planning Board Minutes July 28, 2008
Planning Board Meeting
July 28, 2008
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: Marc Garrett, Malcolm MacGregor, Paul McAlduff, Larry Rosenblum, and Bill Wennerberg
Planning Board Alternate: Timothy Grandy
Staff Members: Lee Hartmann, Valerie Massard, and Howard Coppari
Recording Secretary: Eileen Hawthorne

A4298 – Gilmore Nominee Trust – 40 Warren Ave, Map 33, Lot 4A (2.58A) (HC) – Divide into two lots 4-4 (1.56A) and 4-5 (0.89A)
This Form A plan was withdrawn by the applicant.  

Administrative Notes:
Pinehills LLC:
        Great Island III – Plan Endorsement
        Road Name – Penick Knoll
Bill Wennerberg recused himself from voting on the Pinehills LLC administrative notes.
The Board approved the endorsement of the Great Island III plan, which was approved by the Board on July 2, 2007.
The Board approved the name of “Penick Knoll” for a new road shown on Assessors Map 77B, located off Doublebrook.
Paul McAlduff moved for the Board to approve the above listed administrative notes for the Pinehills subdivision; the vote was (4-0-1) with Bill Wennerberg in abstention.

Minutes:
The Board approved the minutes of July 14, 2008 as presented.

The Board approved the following ANR plans:
4306 – Jon and Amy Townsend, Salt Marsh Lane, Map 53, Lots 15-3 (1.75A) and 16B (5.30A) (HC) – Lot line adjustment to create lots 15-5 (2.06A) and 16D (4.98A)
4307 – Coggon/Meharg, Clifford Road/Bay Colony Drive – Map 42, Lots 25 (1.60A) and 26 (2.57A) (HC) – Combine Lots and subdivide into lots 25-1 (46,779 sf), 26-1 (40,060 sf) and 26-2 (88,065 sf)
Malcolm MacGregor moved to approve the minutes of July 14, 2008 and the ANR plans listed under the administrative notes; the vote was unanimous (5-0).

Appointment
        Roger Hammond, DPW Director
DPW
Roger Hammond, DPW Director updated the Board on the responsibilities and activity of the division of the DPW.  The DPW divisions include: Administration, Water, Wastewater, Highway Maintenance, Park, Recreation, Cemetery, Maintenance (vehicle and building), Solid Waste, Engineering, and Environmental Management.  The department maintains over 400 miles of roadways; 20 bridges; 13 dams; the water system consisting of 10 wells, 10 tanks, 6 pressure zones, 210 miles of pipe, and over 1865 hydrants; the wastewater system including 6 pump stations, the treatment facility at Camelot Drive, and 50 miles of pipe; cemeteries (8 active – 160 acres total); 3 transfer stations; monitoring of 3 closed landfills; maintenance of 42 buildings and town and police vehicles; 32 parks including 34 acres of turf and all the public trees.  The Town’s municipal infrastructure has a value of over $500,000,000.  The department received $1,000,000 in Chapter 90 funds and $1,300,000 in IMP funds. Daily operations include Water and Wastewater services and maintenance; Highway includes road drainage, snow plowing, vegetation, etc; Parks, Recreation and Cemeteries work on  burials, lawn mowing, aeration, fertilizing, tree work; Maintenance division works on over 200 vehicles, 42 buildings, and the transfer stations; Engineering does project management review, assessors map updates, construction inspections, survey, etc.; Environmental Management oversees the beach management and nourishment, watershed monitoring, dam removals; Recreation runs all the Town’s recreation programs.  
Most of the projects are collaborative for example the wastewater re-use project and the Eel River Restoration project.  
Major projects that have been funded include the Crematory, IMP (annual construction project), development of new well sites, Holmes Point pump station upgrades, Lout Pond well construction, Town Brook dam removals, Eel River Headwaters restoration, and Chiltonville traffic calming.  Other projects that depend on outside funding include development of wastewater reuse, T Wharf construction, Harbor dredging, Public space action plan projects, Taylor Ave reconstruction, Samoset Street reconstruction, Obery Street improvements, Brook Road bridge replacement, West Plymouth sidewalk program, corridor study for Exit 5, Commerce Way traffic study, Bourne Road.
Mr. Hammond presented improvements for Obery Street which included two roundabouts at the high school driveway and the Registry of Deeds intersection, sidewalks, bicycle lanes and a slip ramp for Route 3 northbound traffic off South Street.  
Paul McAlduff asked if the DPW serviced the Fire Department vehicles.  Mr. McAlduff was supportive of the proposed improvements to Obery Street, but wanted assurance that the roundabout would handle an increase in the student population.  He also asked if DPW was considering the Town land on Clark Road for well sites.  
Mr. Hammond responded that the Fire Department has their own mechanics as they have to have a specific safety certification.  He felt that the roundabouts on Obery Street would handle the student traffic.  In response to Mr. McAlduff’s question about the well site, Mr. Hammond stated that they were considering land on Clark Road.    
Larry Rosenblum appreciated the presentation by Mr. Hammond.  He felt it was the beginning of a process that would allow all entities to participate in studies; Planning, DPW, Board of Selectmen; Town Manager, etc.  
Bill Wennerberg asked what the selection process was for DPW projects and how the Planning Board could be more active in helping to further DPW requirements.  
Mr. Hammond stated that they try to be proactive, but most of the projects are reactive.  Public Safety is an integral part of the DPW responsibilities.  He stated that they have been meeting with Valerie and Lee on different issues and have an open line of communication.  Mr. Hammond suggested that during the permitting process the Board could work to minimize the amount of water people are using, utilizing the wastewater treatment plant and work to set aside land for municipal purposes such as a new wastewater treatment plant, wells, etc.  Open space cannot be used for municipal purposes.  
Malcolm MacGregor asked for information regarding the traffic calming on Old Sandwich Road especially near the Stonebridge and Old Sandwich Road intersection.   Mr. MacGregor also asked if they were doing construction on Long Pond Road regarding the Eel River Watershed and whether DPW has considered pursuing the creation of a municipal authority for electrical generation through wind or dams.  
Mr. Hammond replied that they are installing speed tables to slow down traffic.  They are also talking with Pinehills about traffic calming, but there are some drainage issues that need to be addressed.   Mr. Hammond stated that the Eel River Watershed work near the bogs will be a white Cedar swamp.  Alternative energy projects currently under review are wind energy at the wastewater plant and solar energy at the closed landfills.  
Lee Hartmann would like to incorporate the master plan into the capital improvements program; to have capital improvement requests be consistent with the master plan.   
Tim Grandy asked where the six new well sites are located.  Mr. Grandy also asked about accepting private roads as public, such as sections of Bourne Road.   
Mr. Hammond thought that one site was the Wildlands Trust property south of Plymouth South, but that the Water Department could identify the other locations.   Regarding the street acceptance for Bourne Road, it is difficult because there is no clear right of way layout.  
Mr. McAlduff asked if Mr. Hammond has ever seen the traffic calming plan at the Old Sandwich Road – Sacrifice Rock Road historic area.  He was enthusiastic about the new crematory and the cemetery master plan.  
Mr. Hammond replied that he has not seen the plan for the parking area.
Mr. Rosenblum stated that 10 years ago there was resistance by some to the proposed, centralized wastewater treatment plant and a preference to construct smaller package plants in several locations.  He chaired the Gravel Road Committee which was charged with identifying an improvement process for certain roads and retaining certain private roads as is.  A bylaw was created and adopted by Town Meeting.  
Mr. Hammond stated that the road committee has been meeting and the biggest issue is funding for projects.  They are considering a betterment process for private road, wastewater, and water improvements.  There are some roads that are really driveways and there is discussion as to whether services should be provided to those areas.  A criterion has been drafted to determine eligibility for improvements.  
Marc Garrett asked when the corridor studies for Long Pond Road and Commerce Way would be completed.  Both areas have under performing infrastructure.  
Mr. Hammond stated that Vanasse Associates has submitted a draft study for Commerce Way.  There is a funding issue for the Long Pond Road area corridor study.  
Mr. Garrett suggested creating a sub-committee consisting of members from DPW, Planning Board and staff, Board of Selectmen, and the Town Manager.

Other Business:
A4305 – William & Nancy Stearns, Federal Furnace Rd, Map 99, Lots 3-5 and 3-7 (VM) – Eliminate lot 3-5 and combine with lot 3-7 to become 3-9 and subdivide a portion of 3-9 to create lot 3-8
Paul McAlduff moved for the clerk to sign the plan; the vote was unanimous (5-0).

Community Preservation Committee
        Appoint Planning Board Representative
Larry Rosenblum nominated Malcolm MacGregor to be the Planning Board’s representative to the Community Preservation Committee, Paul McAlduff seconded the motion; the vote was unanimous (5-0).  

Public Hearing (VM)
        B549 – Whitley Trail RDD, Map 124, Lot 2-4.  
Marc Garrett read the public hearing notice and opened the public hearing.
Russell Stefani, Flaherty and Stefani, presented the plan to subdivide an 8.38 acre lot into three lots; one with an existing house, one a buildable lot and one open space lot.  The open space lot will abut Town owned land.  The parcel is outside Natural Heritage jurisdiction.  
Valerie Massard stated that the petitioner has reviewed and accepted the recommended conditions.  DPW has requested a condition that the drainage easement is shown on the plan.  Ms. Massard asked that a condition be added that would require bounding of the corners of the open space.  The parcel is part of the original Bournewood subdivision which was created prior to the adoption of the RDD.  The gravel road is in excellent condition and no improvements are necessary.  A small portion of lot near the rear appears to be fall under an endangered species habitat.  Staff recommended checking if there is adequate distances between drives; that Conservation Commission permits will be needed; the land should be offered to the Town at no cost; and a restrictive covenant should be added that no further subdivision is allowed.  
Malcolm MacGregor preferred to have the land for held for conservation purposes.
Larry Rosenblum suggested considering a common drive.
Mr. Stefani responded that there are often problems with common drives in who is responsible for maintenance, plowing, etc.
Malcolm MacGregor moved to close the public hearing and for the Board to approve the B549 – Whitley Trail RDD subject to the following conditions:
The Petitioner is required to obtain permits from the Massachusetts Natural Heritage Program, or in the alternative, to show sufficient written evidence that no permits are required from this agency, prior to issuance of a Zoning Permit.
There may be a subsequent Plan of Division of Land filing on the Petitioner Land under the Approval Not Required Process under Subdivision Control Law to create the lots as shown on the Plan.  The Approval Not Required Plan shall make reference to the Special Permit.
Prior to Planning Board endorsement of the Approval Not Required Plan and Special Permit Plan (which may be combined into one plan), as a condition of this special permit, the Petitioner shall:
  • The Rural Density Development as approved is for no more than two (2) single-family residential units on the property. The Petitioner shall include a note on the plan stating that the Petitioner has agreed to waive his/her right to any further residential development of the subject property that results in a more intense or dense use, regardless of any local, state or federal criteria to the contrary, pursuant to the provisions of Massachusetts General Laws.  The term "subdivided" shall include the process of division of the lots into parcels by means of a plan not requiring approval under the subdivision control law.  Notwithstanding this provision, the Planning Board may endorse the relocation of any lot lines when consistent with the intent and purpose of this restriction.
  • Provide verification to the Planning Board of payment of the back taxes, interest and fees (if any) owed to the Town for the property.
  • The proponent shall establish that the minimum distance between driveways [55 feet, Section 205-23 ¶D(2)] meets the Bylaw with respect to the opinion of the Building Commissioner.
  • The plan shall be modified to include a drainage easement or drainage lot for the road drainage that is shown on the original subdivision plans to be draining onto the subject property, or adequately demonstrate to the DPW, to the satisfaction of the Planning Board, that there is no road drainage from Whitley Trail onto the subject property.
Prior to the issuance of a Building Permit on the unconstructed lot:
  • The Petitioner shall stake no-cut, open space or buffer areas in the vicinity of proposed construction, to the satisfaction of the Building Inspector.
  • Conservation permits will be required for any work under the purview of the Conservation Commission.
  • Four (4) sets of full size copies of all drawings comprising the RDD plan with one complete set of reproducible plans (mylars) will be delivered to the Planning Board and one (1) electronic copy of the plans shall be delivered in a format acceptable to the Town Engineer.
  • Petitioner has agreed to offer the Open Space land depicted on the plan to the Town to be used for conservation purposes; at no cost to the Town (the offer shall include such legal fees and title search and/or insurance costs as may be needed to complete the transaction).  Said offer shall be made in a form acceptable to Town Counsel, and shall be acted on by Plymouth Town Meeting, Board of Selectmen, or Conservation Commission, to either accept or not accept the gift of land, unless the Planning Board accepts an alternate arrangement or specifically approves a release for any lot.
  • The Open Space land shall be bounded with concrete bounds at the corners.
  • Evidence that the following have been recorded with the Plymouth County Registry of Deeds shall be provided to the Planning Board:
  • The plans will be revised to detail the Conditions of the approval and this will be recorded at the Registry of Deeds, or the Decision will be recorded with the plans.
  • This Special Permit Decision.
  • The Rural Density Development as approved is for no more than two (2) single-family residential units. The Petitioner shall impose Protective Covenants and Restrictions or Deed Restrictions on the lots within the RDD development, in a form acceptable to Town Counsel, which shall state that the Petitioner has agreed to waive his/her right to any further residential development of the subject property that results in a more intense or dense use, regardless of any local, state or federal criteria to the contrary, pursuant to the provisions of Massachusetts General Laws.
The vote was unanimous (5-0).
                                                                
Public Hearing (VM)
        Subdivision Rules and Regulation - Plates
Marc Garrett read the public hearing notice and opened the public hearing.
Valerie Massard presented the recently updated subdivision plates to be included in the Subdivision Rules and Regulations.  Beals and Thomas brought the plates up to the current standards and the plates are now available in digital form.  The plates corrected the depth of gravel and added transition stone for a cape cod berm.  The State BMP standards have changed and notes have been revised to allow for best management practices.
Malcolm MacGregor asked why Plate 1 or 1A only showed four inches of select gravel while the pictures depict a sloped depth.  
Valerie Massard explained that the four inches is a minimum to and it is sloped to create a crown to direct the drainage off the road.
Howard Coppari noted that Plates 1 and 1A should have 5 ft. between the slope and the water main instead of 5 inches as noted.  
Paul McAlduff moved to close the public hearing and for the Board to accept the modifications to the subdivision plates including the change from 5 inches to 5 feet on Plates 1 and 1A; the vote was unanimous (5-0).

Public Hearing – Street Name (VM)
        B426 – Little Hios Hills Road Name– “Nautical Way”
Marc Garrett read the public hearing notice and opened the public hearing.
Valerie Massard noted that the change in the road name was requested by the developer who is now marketing the subdivision as “Ship Pond Hills”.  The road name change is also for marketing purposes.  
Paul McAlduff moved to close the public hearing; the vote was unanimous (5-0).  
Paul McAlduff moved to approve the road name change from Little Hios Hills Road to Nautical Way; the vote was unanimous (5-0).

New Business
Larry Rosenblum wanted to circulate a concept to integrate the studios into the Waverly Oaks site and action that the Town could take.   
Marc Garrett suggested that the presentation of the concept wait until after the studio has made their presentation.    

Paul McAlduff asked staff to look into whether there were any buffer requirements for a property on Hedges Pond Road that has been stripped of all vegetation.  

Marc Garrett stated that he has been approached by staff and the Town Manager to keep the Citizen’s Advisory Committee going with abutters of the new site volunteering to serve.  

Malcolm MacGregor suggested that the Planning Board pursue the possibility of a test site for wind energy on the 1,000 acre site
Lee Hartmann replied that he contact the Energy Committee with the proposal.  

Paul McAlduff moved to adjourn at 9:05 p.m.; the vote was unanimous (5-0).

Respectfully Submitted,




Eileen M. Hawthorne                                             Approved: August 18, 2008
Administrative Assistant