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Planning Board Minutes November 17, 2008
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: Valerie Massard, and Howard Coppari
Recording Secretary: Eileen Hawthorne

Administrative Notes:   
Minutes:
The minutes of November 10, 2008 were approved as presented.

The Board recommended approval of BOA 3509 – Augustino Diodato, McKay Street, Map 27, Lots 55-284, 55-285 & 55-286 for a special permit for access subject to the following conditions:
The owner is responsible for the maintenance of the improvements shown on the plan along the frontage of the subject property.
Only one single-family home shall be constructed.
The roadway portion shown on the plan (approximately 100 feet in length) shall be swept, and the two (2) catch basins in the immediate vicinity of the end of McKay Street (as shown on the plan) shall be cleaned, prior to a final Certificate of Occupancy being issued for the residence.

The Board approved the endorsement of the definitive subdivision plans and covenant for B547 – Cordage Park.

 Paul McAlduff moved to approve the Administrative Notes as presented; the vote was unanimous (5-0).

BOA 3510 – Richard & Elizabeth Ring
        71 Priscilla Beach Road, Map 45A, Lot 111B
Randy Parker, Land Management Systems Inc., presented the request for a special permit to rebuild a non-conforming structure and to waive front, rear and side setbacks in order to construct a new three story house within the same footprint of the existing two-story dwelling.  The existing dwelling was built in 1927 and is encroaching on the abutting property.  The new foundation will be shifted slightly to eliminate the encroachment.  The existing cesspool will be replaced with a new septic system.   
Howard Coppari commented that the new structure would be 28’10” in height and would be the same dimensions as the existing dwelling.  The property is not in a habitat area or flood zone, but should be reviewed by the Conservation Commission.  He also stated that the Design Review Board was supportive of the project.   
Malcolm MacGregor asked if the height of the proposed structure would interfere with the views of the abutting neighbors.      
Mr. Parker replied that the proposed structure would interfere with the abutter’s view.
Larry Rosenblum expressed his concerns regarding fire safety.  Mr. Rosenblum requested a response from the Fire Department on the proposed structure.  
Mr. Parker stated that the same question came up when the neighbors rebuilt their structure.  He felt that replacing a building that is already a fire hazard with more fire retardant materials is beneficial to the neighborhood.   There is also an opportunity to install an interior sprinkler system.  
Marc Garrett expressed his concerns regarding recent activity in the area that is changing the character of the neighborhood to an urbanized triple-decker community in a rural area, the view shed issue and fire safety in the area.  He felt that the Board should plan for the future of the area in order to avoid creating an urbanized situation that cannot be supported by the existing infrastructure.  
Paul McAlduff recommended that the applicant consider installing an internal sprinkler system and encouraged the use of fire retardant materials on the exterior of the structure.   
Bill Wennerberg was concerned with the proximity to the lot line and the size and shape of the proposed structure.  He stated that allowing structures of this size would overwhelm the quaint seashore community.
Mr. Parker agreed to confer with his client regarding the Board’s concerns and to allow time for the Fire Department to review the proposal and submit comments.    
Paul McAlduff moved to continue the review of BOA 3510 to November 24, 2008; the vote was unanimous (5-0).

Public Hearing (cont. from 9/29 & 10/6)
        LaRocque/Graffam RDD
Marc Garrett reopened the public hearing.
Atty. Richard Serkey reviewed the request for two RDD special permits to create two additional lots with open space for each project.   The open space would be conveyed to the Boy Scouts of America (BSA).  During the last meeting, an issue was raised by Mr. Begin regarding the ability of the BSA to maintain the open space.  Mr. Begin met with the BSA at the council office in Norton to express his concerns.  
Allen Endicott, Annawon Council Scout Executive, stated that he was approached by the LaRocques about stewardship of the open space.   They were not actively seeking to acquire more land.  He stated that the adjacent Camp Norse will continue to operate as it has in the past and the Scouts will do their best to maintain the land.  There is a Scout Ranger that oversees the Camp Norse property and works with scout troops on a quarterly basis to collect trash dumped on their properties.    
Marc Garrett asked if the BSA has a problem with people dumping on their less actively used parcels.   
Mr. Endicott stated dumping is an ongoing problem, but they send troops out to keep up with the trash and they fill a couple of dumpsters a year.   
Paul McAlduff was supportive of the BSA taking ownership of the land.
Larry Rosenblum stated that another option would be to create a homeowner’s association that would assume responsibility of the open space.  He wanted to insure that there would be protection of the land should it change hands at some point.  
Bill Wennerberg asked if the BSA has the resources to maintain the additional land.   Mr. Endicott replied that they have been good steward of the over 300 acres that they currently own.  He stated that the area that came into question at the last meeting is a drainage ditch and that the area has been cleaned out.  
Valerie Massard suggested that a condition could be added to the special permit that would require further review by the Board if the ownership of the open space was to change.  
Roseanne DeGrenier, owner of the Darby Bogs, stated that she was not in opposition to the subdivision.  She stated that she has had problems with vandalism and dumping in and around the bogs and she asked if there could be some restrictions on the open space to limit access to the bogs.   
Mr. Garrett stated that a private property owner can place restrictions on their property.  He asked about the water flow for the bogs.     
Ms. DeGrenier explained that there is an existing tailwater recovery pond for the bogs and she had the ditch area cleaned and will continue to maintain it.  She stated that the additional homes might eliminate some of the uninvited guests that have been dumping on the bogs.   
Wayne Begin expressed his ongoing concerns with the BSA property.  He presented pictures of debris that has been dumped on their land.   He objected to the BSA becoming stewards of the newly created open space.  
Mr. Rosenblum stated that the real issue is how to create accountability for the stewardship of the open space.
Atty. Serkey suggested adding conditions to the subdivision vote that would define the responsibilities of the BSA and the homeowners in regards to the open space, making the homeowners fiscally viable for helping the BSA remove trash and steward the land if the BSA is unable to do so.  
Valerie Massard suggested that the Petitioner should give some thought regarding liability and insurance, etc.  She stated that when a land trust takes on stewardship, it typically requests an endowment and will annually inspect the land.  Perhaps the BSA could be required to do an annual walkover and provide a report to the Town.  Ms. Massard encouraged Atty. Serkey and his clients to give careful consideration to the type of entity that would be responsible for the stewardship of the land.  
Mr. Garrett was supportive of creating some sort of association to address the stewardship of the land.  He stated that the approval for the subdivision could have a condition that would require the resolution of documentation for a stewardship fund and/or a homeowner’s association which has the responsibility of stewardship of the open space.
Atty. Serkey stated that both the Graffams and the LaRocques were amenable to this as a condition.      
Paul McAlduff moved to close the public hearing; the vote was unanimous (5-0).  
Larry Rosenblum moved to approve the LaRocque and Graffam RDD plans conditional upon the review and approval of the stewardship plan prior to the submission of the Approval Not Required plans and the following additional conditions:
B554 - LaRocque
The Petitioner agrees to waive his or her right to further subdivide the land subject to this special permit, pursuant to the provisions of Massachusetts General Laws, Chapter 41 and waive its right to any further residential development of the premises 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, Chapters 40A and 41, through a Deed Restriction or Restrictive Covenant on the parcels.  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.
The Petitioner is strongly encouraged to form a homeowners association, and to deed rights to said association for maintenance of the roadway and improvements as detailed in the conditions of this approval.  A plan for maintenance of the roadway and improvements detailed in the conditions of this approval shall be provided to the satisfaction of the Planning Board.
The Approval Not Required Plan shall make reference to this Special Permit, note that it is “recorded herewith” and will reflect Condition No. 1 of the Special Permit with said reference.
Prior to endorsement of the Approval Not Required plan:
  • Verification of payment of the back taxes, interest and fees owed to the Town for the land shown on the Approval Not Required plan, if any, is to be provided to the Planning Board;
  • The plan will be revised to detail the conditions of the approval, as needed; to include a note that the road is private and will not be plowed or graded by the Town; to include widening of Graffam Road to 16 feet to gravel road standards; and to address the concerns noted in Item Numbers 1 and 4 of the November 19, 2008 advisory memorandum from the DPW to the satisfaction of the Planning Board.
  • A Stewardship Plan shall be submitted for approval by the Planning Board, and may be subject to review by Town Counsel, which shall create a legal mechanism to actively steward the open space, said stewardship shall include, at a minimum: (i) regular periodic monitoring of the open space; (ii) contingent liability on the part of the property owners and their assigns of the three (3) residential building lots subject to this special permit for the removal of nonhazardous household trash from the open space in the event that the BSA does not remove same; and (iii) provide that in the event that the land is to be conveyed or transferred to new ownership, the Planning Board must be notified for approval, and the Board shall approve the conveyance or transfer of the land only under such conditions as shall maintain the intent of the Stewardship Plan.  
Prior to the issuance of a Building Permit:
  • Evidence that this Special Permit Decision and the Restrictive Covenant or Deed Restrictions in Condition No. 1 have been recorded with the Plymouth County Registry of Deeds shall be provided to the Planning Board.
  • The Petitioner agrees to stake the open space in the vicinity of construction to the satisfaction of the Planning Board, prior to the start of any earth work at the site.  Said stakes are to remain in place until such time as a Certificate of Occupancy is issued.
  • Five (5) sets of full sized copies of all drawings comprising the Approval Not Required 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.
  • Proposed road/drainage improvements will be subject to peer review and final approval by the Planning Board.
  • The proponent shall provide a performance guarantee in a form acceptable to the Planning Board for the proposed access improvements.
  • The proponent shall provide contingencies for, and is subject to, inspections typical of those for a subdivision with respect to the road improvements by the Town’s consulting engineer.
Prior to the issuance of an Occupancy Permit for any individual new residential lot, the Petitioner shall:
  • Provide evidence of the conveyance of Parcel A (as shown on the Plan)] to the Annawon Council, Inc. BSA which shall include a permanent no development restriction on the parcels and shall include a provision that in the event that the land is to be conveyed, the Planning Board must be notified for approval, and the Board shall approve the conveyance of the land only under such conditions as shall maintain the intent of the Stewardship Plan.  In the event that the land is not accepted by BSA, a mutually agreeable alternative shall be approved by the Planning Board.
  • Complete the approved access improvements as conditioned herein, certified by a Professional Engineer;
  • For the open space Parcels A (as shown on the Plan) concrete bounds shall be set at each lot corner, turning points and every 500 feet along straight property lines.
B555 - Graffam
The Petitioner agrees to waive his or her right to further subdivide the land subject to this special permit, pursuant to the provisions of Massachusetts General Laws, Chapter 41 and waive its right to any further residential development of the premises 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, Chapters 40A and 41, through a Deed Restriction or Restrictive Covenant on the parcels.  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.
The Petitioner is strongly encouraged to form a homeowners association, and to deed rights to said association for maintenance of the roadway and improvements as detailed in the conditions of this approval.  A plan for maintenance of the roadway and improvements detailed in the conditions of this approval shall be provided to the satisfaction of the Planning Board.
The Approval Not Required Plan shall make reference to this Special Permit, note that it is “recorded herewith” and will reflect Condition No. 1 of the Special Permit with said reference.

Prior to endorsement of the Approval Not Required plan:
  • Verification of payment of the back taxes, interest and fees owed to the Town for the land shown on the Approval Not Required plan, if any, is to be provided to the Planning Board;
  • The plan will be revised to detail the conditions of the approval, as needed; to include a note that the road is private and will not be plowed or graded by the Town; to include revised lot numbering that is approved by the Town Engineer; to include widening of Graffam Road to 16 feet to gravel road standards; and to address the concerns noted in Item Numbers 2 and 4 of the November 19, 2008 advisory memorandum from the DPW to the satisfaction of the Planning Board.
  • A Stewardship Plan shall be submitted for approval by the Planning Board, and may be subject to review by Town Counsel, which shall create a legal mechanism to actively steward the open space, said stewardship shall include, at a minimum: (i) regular periodic monitoring of the open space; (ii) contingent liability on the part of the property owners and their assigns of the three (3) residential building lots subject to this special permit for the removal of nonhazardous household trash from the open space in the event that the BSA does not remove same; and (iii) provide that in the event that the land is to be conveyed or transferred to new ownership, the Planning Board must be notified for approval, and the Board shall approve the conveyance or transfer of the land only under such conditions as shall maintain the intent of the Stewardship Plan.  
Prior to the issuance of a Building Permit:
  • Evidence that this Special Permit Decision and the Restrictive Covenant or Deed Restrictions in Condition No. 1 have been recorded with the Plymouth County Registry of Deeds shall be provided to the Planning Board.
  • The Petitioner agrees to stake the open space in the vicinity of construction to the satisfaction of the Planning Board, prior to the start of any earth work at the site.  Said stakes are to remain in place until such time as a Certificate of Occupancy is issued.
  • Five (5) sets of full sized copies of all drawings comprising the Approval Not Required 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.
  • Proposed road/drainage improvements will be subject to peer review and final approval by the Planning Board.
  • The proponent shall provide a performance guarantee in a form acceptable to the Planning Board for the proposed access improvements.
  • The proponent shall provide contingencies for, and is subject to, inspections typical of those for a subdivision with respect to the road improvements by the Town’s consulting engineer.
Prior to the issuance of an Occupancy Permit for any individual new residential lot, the Petitioner shall:
  • Provide evidence of the conveyance of [Parcels A, D, E & F from Lot 63-6 (as shown on the Plan)] to the Annawon Council, Inc. BSA which shall include a permanent no development restriction on the parcels and shall include a provision that in the event that the land is to be conveyed, the Planning Board must be notified for approval, and the Board shall approve the conveyance of the land only under such conditions as shall maintain the intent of the Stewardship Plan.  In the event that the land is not accepted by BSA, a mutually agreeable alternative shall be approved by the Planning Board.
  • Complete the approved access improvements as conditioned herein, certified by a Professional Engineer;
  • For the open space [Parcels A, D, E & F from Lot 63-6 (as shown on the Plan)] concrete bounds shall be set at each lot corner, turning points and every 500 feet along straight property lines.
The vote for both B-554 and B-555 was unanimous (5-0).  
        
BOA 3511 – John Ferreira
        207/209 Standish Ave & 18 Savery’s Lane
        Map 5, Lots 88A-1, 88B, 88B-1 & 88C
Mark Flaherty presented the request for a special permit subject to EDC, a waiver of dimensional requirements for the lot with a single family home to be reduced in size, a special permit to waive the side and rear setback requirements for the shed and garage and a special permit for the driveway separation.  The petitioner is seeking to create a master plan for the site by obtaining special permits and waivers in order to subdivide and reconfigure lots 88A-1 and 88C (18 Savery’s Lane) and Lots 88B and 88B-1 (207/209 Standish Ave.) into two parcels of land.  The lots currently have a 6 unit apartment building, two single family dwellings, a shed and a garage.  The proposal is to demolish the existing garage and construct a 5-car garage with storage above at the rear of the apartment building, reconfigure parking and traffic flow within the site, reduce one lot 10,470 sq. ft. and increase another lot to 19,201 sq. ft.  The new driveway onto Savery’s Lane would begin 55 ft. from Standish Ave, but will be closer than the required 55 ft. from an existing driveway.
Valerie Massard stated that Standish Ave is a collector street and eliminating the existing egress onto Standish Ave. will be a benefit.  The separation of the garage from the single family dwelling is better management of the site.  The additional off-street parking is a better, safer use of the property and for the neighborhood.  Ms. Massard stated that the driveway separation and visibility needs to be addressed.  She suggested relocating the existing Spruce trees to increase visibility on Savery’s Lane and clearing some of the existing vegetation in the corner of the site along Standish Ave.   
Malcolm MacGregor asked if it would be feasible to create a single driveway egress onto Savery’s Lane.  
Mark Flaherty replied that the driveway for 18 Savery Lane is being kept separate from the proposed driveway for privacy reasons and to eliminate the occupants from have to traverse through the site with the other single family dwelling and the multi-family structures.
Larry Rosenblum also thought that the multiple driveways could be eliminated.   
Paul McAlduff was concerned with the vegetative buffer between the two driveways and suggested reducing the number of shrubs in that location, also due to visibility.   
Tim Grandy asked what type of material would be used for the proposed retaining wall and whether fire equipment will be able to access the site safely.
Mr. Flaherty stated that the two ft. high wall would be constructed with either segmented blocks or stone.   
Ms. Massard stated that the site complies with the Town’s parking lot dimensional requirements for parking drive lanes and is a better configuration than what is currently provided.   
Marc Garrett suggested moving the new driveway closer to Standish Ave. and making it straighter and removing some of the vegetation for visibility purposes.   
Mr. Flaherty was concerned that moving the driveway closer to Standish Ave. would make a more difficult egress because of the cars coming around the corner.  
Bill Wennerberg suggested relocating the existing Spruce trees to screen the proposed garage from the garage for the single family dwelling on Savery’s Lane and Standish Ave.  He also suggested doing some mounding with shorter shrubbery between the new and existing driveway to increase visibility and installing larger plantings near the garage to create privacy.   
Mr. Rosenblum again suggested creating a single driveway by removing the existing garage and adding another bay to the new garage.   
Mr. Wennerberg suggested an alternative to the proposed driveway which narrows down the width of the driveway neck at Savery’s Lane but maintains off-street parking and maneuverability for the single family home and two car garage.
Mark Flaherty stated that this would be an amenable solution to the driveway separation request.  
Malcolm MacGregor moved to recommend approval to the Zoning Board of Appeals subject to the following conditions:
There shall be no additional residential density on any of the subject property other than as shown on the plans subject to this special permit.
The Petitioners’ representative agreed to the following conditions regarding the vegetation and existing driveway on the property in order to address visibility, driveway separation, and privacy/screening on the subject property.  The following conditions (2a-c) shall be met prior to issuance of a Certificate of Occupancy for the new garage:
  • The Petitioner shall save the two significant spruces and relocate them as shown on the attached “schematic A” as discussed at the Planning Board meeting, which will enhance screening between the various residences on the property while significantly improving visibility for vehicular traffic; and
  • The Petitioner shall remove at least four (4) of the burning bushes from the corner of the intersection of Savery’s Lane and Standish Avenue on the subject property, and replace said shrubbery with either loam and seed or plantings that do not exceed 3 feet in height at maturity, or a combination thereof, again as shown on the attached “schematic A”, thus significantly improving visibility for vehicular traffic; and
  • The Petitioner shall revise the existing driveway to narrow down the “neck” of the drive, use only low-growing vegetation between the two drives in the immediate vicinity of Savery’s Lane, and berm/plant the area between the two driveways further back from Savery’s Lane, again as shown on the attached “schematic A.”
The Petitioner shall revise the plans to address the concerns of the Town Engineer’s memorandum dated November 10, 2008 with respect to the maintenance of the rain garden and the parking configuration in the vicinity of the south bay of the new garage, to the satisfaction of the Building Inspector, prior to issuance of a Building Permit.
The vote was unanimous (5-0).  

Other Business:
B515 – Nestle Down – Plan Endorsement
Paul McAlduff moved for the Board to endorse the definitive subdivision plan and covenants for B515 – Nestle Down; the vote was unanimous (5-0).

New Business:
Chapter 40B – Tim Grandy
Tim Grandy reviewed an article from the Mass Municipal Association regarding the post audit and oversight of Chapter 40B in the state.   The concerns include allowing high density projects on unsuitable properties and flaws in the cost certification and monitoring systems which has resulted in the municipalities receiving decreased funds than what they are entitled to under the regulations.  The article encouraged the municipalities to adopt inclusionary housing.  Mr. Grandy encouraged the Board to read the entire article.  

 Malcolm MacGregor moved to adjourn at 9:27 p.m.; the vote was unanimous (5-0).

Respectfully Submitted,




Eileen M. Hawthorne                                             Approved:  November 24, 2008
Administrative Assistant