Planning Board Meeting
October 6, 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
Administrative Notes:
Minutes:
September 22, 2008
Bill Wennerberg moved to approve the minutes of September 22, 2008 as presented; the vote was unanimous (5-0).
September 29, 2008
Bill Wennerberg moved to approve the minutes of September 29, 2008 as presented; the vote was unanimous (3-0-2) with Larry Rosenblum and Paul McAlduff in abstention.
A Form Plans:
A4315 – Pinehills LLC, Hickorywood, Map 78C, Lots 11-140 (11,164 sf), 11-141 (7,559), 11-142 (9,455 sf), 11-143 (8,612 sf), 11-144 (8,484 sf), 11-145 (6,991 sf), 11-146 (7,271 sf), 11-193 (9,925 sf) and A-177 (144,311 sf) – Lot line adjustment to create lots 11-197 (0.27A), 11-198 (0.27A), 11-199 (0.26A), 11-200 (0.22A), 11-201 (0.24A), 11-202 (0.26A), 11-203 (0.28A) and A-198 (3..16A)
Malcolm MacGregor moved for the clerk to sign ANR Plan 4315; the vote was (4-0-1) with Bill Wennerberg in abstention.
A4317 – Loewenberg/Rosenblum and R & K Realty Trust, West Long Pond Road, Map 69, Lots 45A-3A (0.97A) and 45A-3B (0.99) – Lot line adjustment to create lots 45A-5 (0.97A) and 45A-6 (0.99A) Action on this Form A plan was postponed at the request of the applicant.
Conceptual Review
Hutchinson VOSD – off Gunning Point Road
Valerie Massard presented a conceptual VOSD plan for Map 123, Lot 1-73. The property is adjacent to the Gunning Point VOSD filed for LL Properties LLC and SP Realty Trust. The property consists of 4.039 acres, has approximately 90 feet of frontage on Gunning Point Road, has a potential vernal pool, and the majority of the property is located within mapped habitat for rare/endangered species by the Massachusetts Natural Heritage (MNH) Program. A single-family dwelling and a cottage are located on the site. The site could potentially support five residential lots based on rough calculations, but the owner is proposing to create two additional building lots with open space under a VOSD. The site could be accessed by the existing drive or creating an alternate access off Gunning Point Road.
The proposal will require review by MNH.
Malcolm MacGregor asked what species MNH would identify for protection. He suggested minimizing the fills, cuts and tree removal on the site.
Ms. Massard stated that she would have to look at the Gunning Point VOSD filing for the known endangered species.
Paul McAlduff was supportive of using the existing drive for access.
Marc Garrett was concerned with the habitats for both projects and the potential vernal pool. He asked if the vernal pool has been certified yet and if not suggested that a requirement might be to have the vernal pool certified. If the vernal pool has been certified, the protection of habitat within 100 feet would be required by MNH. He suggested contacting the abutting owners to find out what kind of program MNH has required and to work together for a comprehensive project. Mr. Garrett stated that the MNH review should be completed before filing with the Board. He also questioned whether the new habitat map was used.
Ms. Massard stated that the old habitat maps were used as staff has not yet been able to access the new maps, which became effective last Thursday.
Larry Rosenblum asked how the calculations for “as of right” subdivision is done on a property that is largely protected.
Ms. Massard explained that density in rurally zoned areas goes hand in hand with potential habitat, when the habitat area is set aside as conservation land. In village centers, the Town has so far only seen projects where after MNH review, the by-right density can still be obtained. The Town will have to consider how it would view density in village zoning if habitat were to impact by-right density.
Mr. Hartmann stated that clustering with open space is encouraged and the best way to do that is to create an incentive such as a bonus density.
Mr. Garrett stated that MNH speaks to percentages of land preserved and if a proponent goes in with a VOSD plan, they would be more supportive. Plans are judged on a case by case basis, by the species, area, geography, type of project, etc.
Tim Grandy suggested considering a low nitrogen septic system for the project.
Bill Wennerberg was supportive of smaller clustered lots that would keep the natural features of the site as undisturbed as possible.
Mr. Garrett again encouraged the proponents to present their plans to MNH for their input before filing with the Planning Board.
Public Hearing -
Cordage Park Definitive Plan
Marc Garrett read the public hearing notice and opened the public hearing.
Sean McCarthy, Cubellis, presented the definitive subdivision plan for Cordage Park. The plan for Map 1, Lots 1D, 2D-4, 2F-2, 2F-3 and 2G-2 shows the proposed road layout with seven lots. The property will be accessed through a signalized intersection with Court Street. The access road will vary in width from 93 ft. at Court Street to 60 ft. near the MBTA station. Several waivers from the standards of the Subdivision process have been requested. The proponents have received a copy of the comment letter from Beals & Thomas and will address their concerns in a revised site plan. The Phase 1 site plan has already been conditionally approved by the Planning Board.
Valerie Massard stated that the Board has seen this plan during the preliminary plan review process. The land division is for financing purposes and the Site Plan approval will include a review of the technical revisions. Prior to endorsement of the plan, the proponent will have to address the DPW concerns regarding water gate valves and a final review by the Fire Chief.
Malcolm MacGregor questioned the emergency access given the request for a waiver of road length.
Mr. McCarthy stated that the emergency access exists via the constructed route along the edge of Boundary Street to the gravel parking lot currently being used for boat storage.
Lee Hartmann stated that there should be an easement shown and recorded for the emergency access.
Paul McAlduff requested the following change to the draft vote be made: the Director of Inspectional services should read “Paul McAuliffe”.
Paul McAlduff moved to approve the definitive subdivision plan for B547 – The Seaport at Cordage Park; the vote was unanimous (5-0).
Paul McAlduff moved to grant the waivers requested for B547 – The Seaport at Cordage Park; the vote was unanimous (5-0).
Public Hearing
LaRocque/Graffam
Atty. Richard Serkey presented a request to subdivide two properties through two companion petitions under Rural Density Development. The parcel owned by Ann LaRocque would be subdivided into three residential lots (one with an existing single family dwelling) and one open space lot that will be deeded to the Annawon Council of Boy Scouts of America. The plan will provide a connection between other properties owned by the Boy Scouts and a second access directly off Carver Road. The parcel owned by the Graffam Family Realty Trust would be subdivided into 3 residential lots (one with an existing single family dwelling) with 3 open space areas that would be deeded to the Boy Scouts and would require some lot line adjustments between the Trust and the Boy Scouts along Graffam Road. Reciprocal easements for passage on
Graffam Road for all parties would also be created and there will be some minimal improvements. Atty. Serkey stated that the conditions recommended by staff are acceptable. The special permits if granted would create the lots by Approval Not Required plans. Atty. Serkey stated that he had received a request from an abutter that the land adjacent to lot 22 not be transferred to the Boy Scouts. The request has not been granted after consideration by the applicant.
Valerie Massard handed out a second plan for the Graffam property that showed the open space lots to be transferred to the Boy Scouts and defines the buildable lots. The open space areas will be permanently protected and deed restricted. Ms. Massard suggested that the 2 acre lots for the LaRocque property could be reduced in size to increase the open space.
Mark Flaherty, Flaherty & Stefani, Inc., stated that Natural Heritage will only allow 17,000 sq. ft. for the house, well and septic within a habitat area and that the larger lot size is also needed for marketing purposes. Ms. Massard stated that two areas of Graffam Road will be improved and there are existing areas for a vehicle to pull over if necessary with respect to the Graffam petition.
Bill Wennerberg asked if there is a stream on the LaRocque property.
Mr. Flaherty explained that there is an intermittent stream.
Tony Esposito, Outback Engineering, stated that the Graffam’s are aware of the improvements that will be required on Graffam Road.
Ms. Massard reviewed the suggested conditions for both plans which include: no further subdivision allowed; protection of Natural Heritage areas; filing with the Conservation Commission for any work under their purview; improvements to the access which will be peer reviewed and inspected by the Town’s consulting engineers; creation of a homeowner’s association; and other standard conditions.
Brad Taylor, 311 Carver Road was supportive of the proposed plans.
Wayne Begin, 265 R Carver Road, read a letter detailing his opposition to the plans. Mr. Begin requested a meeting with all parties, including representatives of the Boy Scouts to review the proposed plans.
Mr. MacGregor asked how many lots could be created under standard subdivision regulations.
Ms. Massard stated that each petition would support the three lots requested, but a “by right” plan was not submitted.
Atty. Serkey agreed to arrange for a meeting with all concerned parties including the Boy Scouts.
Larry Rosenblum moved to continue the public hearing to November 17, 2008 at 7:15 p.m.; the vote was (4-1-0) with Bill Wennerberg in opposition.
Conceptual Review
Howard Property
Randy Parker, Land Management Systems, Inc., presented a conceptual VOSD plan for a 2.5 acres site shown on Assessors Map 42,as Lots 42, 43, 74-80, A-1 and Map 46, Lot B. The plan creates one new residential lot, one lot with an existing single family dwelling and one open space lot. Some of the property is subject to review by Natural Heritage. The open space area which includes a wetland area and Habitat area would be either be deeded to the Conservation Commission or be subject to a conservation restriction. No road improvements are proposed and there are no drainage issues. A 1.5 story cape is proposed for the new lot.
Valerie Massard noted that the property would support an additional residential lot. Ms. Massard agreed that the roads are adequate and well maintained. Ms. Massard suggested that the proponents should present the conceptual plan to the Manomet Bird Observatory (MBO), and ask them to consider ownership of the open space.
Mr. Parker agreed to present the plan to the MBO.
BOA 3503 – Omnipoint Communications, Inc.
104 Pinewood Road, M 108, L 28A – Special Permits subject to EDC, for height of a proposed structure in excess of 35’, and for deviation of set back requirements in order to install and operate a personal communications system facility in the form of a monopole.
Marc Garrett stated that this petition was continued in order to receive comments from Plymouth Airport and the West Plymouth Steering Committee.
Lee Hartmann stated that we were also waiting for a response from other carriers that may be interested in utilizing this monopole.
Atty. Joseph Giammarco stated that the proposal will go before the West Plymouth Steering Committee on October 15, 2008; they will be going before the Design Review Board on October 8, 2008; comments have been received from Plymouth Airport; and responses from two carriers have been received: one could not make a commitment and the other will review the coordinates before deciding. Atty. Giammarco stated that the proposal has been submitted to the FAA and Mass Aeronautics Commission and a response is expected some time in the first two weeks of November. He has not asked the Zoning Board of Appeals for a continuance.
Mr. Hartmann stated that the only date the Board could continue to would be October 20, 2008.
Mr. Garrett felt that too much information was still outstanding.
Atty. Giammarco suggested making a conditional recommendation.
The Board preferred to receive more information before making any recommendation.
Bill Wennerberg moved to continue the review of BOA 3503 to October 20, 2008; the vote was unanimous (5-0).
Public Hearing – (cont. from 7:30) (LH)
MEPOD Design Standards
Marc Garrett read the public hearing notice and opened the public hearing.
Lee Hartmann stated that there have been several workshops to review the Design Standards and the second step is to hold the public hearing then adopt the Design Standards.
Mr. Garrett stated that the Board would be reviewing the fifth draft of the standards which is dated October 6, 2008.
Bill Wynne, Plymouth Rock Studios (PRS), stated that they have retained a design firm that has worked with Paramount and other studios. They will present the landscape issues for the site. Mr. Wynne stated that the current draft is a good representation of what the studio hopes to accomplish.
Dirk Guadet, presented the diagram of the key landscape areas as follows: the existing wetland that will be kept in its natural state, existing man made ponds and proposed ponds that will also be kept in a natural state, the hilltop area which will have surrounding natural landscape with more formal landscaping of the interior courts; the educational campus will have a transition from natural to more formal landscaping; the landscaped berm area along Long Pond Road; a landscaped central median through the sound stage area; landscaping of the surface parking areas; rural landscaping of the interior ring road; formal landscaping of the main entry, the town green will have formal landscaping with passive recreation and open space with art components; and some of the sound stages will have green roofing that will harmonize with the natural
environment. Additional landscaping includes streetscapes and entries; berming and screening; and buffering/screening. The earthen berm along Long Pond Road will curl around the corners and be planted so as to screen the sound stages from Long Pond Road.
Mr. Gaudet stated that the plant lists and the landscape diagram have been added to the Design Standards.
Alex Fernandez handed out a red-lined document that shows the changes to the language regarding landscaping. Language was added to require a minimum of 4” caliper for the trees in the formal landscaped areas and that detailed the requirements for the landscaped berms and screening.
The Board reviewed the current version of the Design Standards and suggested the following amendments:
Page 3, APPLICABILITY
Add the following language to the end “The design standards contained within this document deal primarily with on-site design issues. ~Design issues related to the access road and other public ways will be addressed through the special permit process and through the Department of Public Work’s public way improvement process.”
Page 7 - note that the buildings shown on the site plan are conceptual.
Page 13 – delete the wall around the sound stages in the first graphic.
Page 14, c, Prevention of Light Pollution - additional language to be added that will be reviewed by the Chairman and Vice-Chairman once drafted.
Page 14, General Landscape Guidelines, a, Add “Provisions acceptable to the Planning Board for the proper long-term maintenance of landscaped areas are to be detailed”.
Change 3” caliper to 4” throughout.
Page 19, ii, Access Road/Conservation Road – pick one term and use it throughout the document and add “The access road will be a public way designed under the purview of the Board of Selectmen. ~However, the design of this public way should be consistent with these design considerations”.
Page 27, 5 Parking Garage (handout) – Change 6” caliper to 4” caliper.
Page 27, d, I, Add “Additional trees and understory plantings used in bermed areas shall be newly planted native trees and shrubbery in varying sizes….
These additional trees shall have a minimum caliper of 3” (not including shrubbery and saplings).”
Paul McAlduff moved to approve the Design Standards as amended above; the vote was unanimous (5-0).
Discussion:
MEPOD - MOU
Atty. Edward Angley stated that PRS received some commentary from the Town Manager and Town Council on the draft MOU and they will continue negotiating with the Board of Selectmen and Town Manager. Atty. Angley suggested that the Board submit their comments on the MOU to the Town Manager. The final draft MOU will also be reviewed by Town Counsel.
Lee Hartmann asked the Board for their suggestions for additions to the draft MOU.
The Board will send a memo to the Town Manager and the Board of Selectmen outlining the following suggested changes to the MOU:
Page 3, G - “The preferred route of the Planning Board is the overland route in that it is environmentally sensitive and zoning sensitive. The Long Pond Road option is not considered a reasonable option due to the growth potential that it would create along a rural route.
Page 4, D – add the Planning Board to the design process for the water storage tank if it is to be located on Plymouth Rock Studio property; (Larry Rosenblum moved; the vote was (3-2-0) with Paul McAlduff and Bill Wennerberg in opposition).
Page 5, 1, line 10, - add “to” so the line would read “transportation coordinator to manage all traffic in and out of the Project”;
Page 6, 6, - add language to explore options for access off Route 3;
Page 7, 2, - add language to provide easements for direct highway access off Route 3;
Page 7, 1, change “or” to “and” in regards to the language that addresses site plan approval and a special permit is required under the MEPOD bylaw.
Lee Hartmann informed the Board that the Attorney General has reviewed the proposed MEPOD bylaw and noted that there was a typographical error under E. Adequate Access, 4, - remove “Findings Required to” and replace with “the following findings shall”. Mr. Hartmann recommended sending a memo regarding the change to the Advisory and Finance Committee and the Selectmen.
Paul McAlduff moved for the Board to approve the correction to the MEPOD bylaw and to send a memo to the Advisory and Finance Committee and the Board of Selectmen; the vote was unanimous (5-0).
Malcolm MacGregor moved to adjourn at 11:20 p.m.; the vote was unanimous (5-0).
Respectfully Submitted,
Eileen M. Hawthorne Approved: October 20, 2008
Administrative Assistant
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