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:
December 8, 2008
Paul McAlduff moved to approve the minutes of December 8, 2008 as presented; the vote was (4-0-1) with Marc Garrett in abstention.
B437 – Pinehills LLC – Hickorywood – Endorsement of Confirmatory Covenant for lots created through A4315, September 2008
Paul McAlduff moved for the Board to sign the Confirmatory Covenant for the Hickorywood neighborhood in the Pinehills; the vote was (4-0-1) with Bill Wennerberg in abstention.
A Form Plans:
A4323 – Pierce Family Trust & 185 Billington Street Trust, Billington Street and Lout Pond Road, Map 100, Lots 12F (0.08A), 13-1 (6.309A) and 14 (0.45A) – Combine a portion of Lot 13-1 (2,361 sf) with Lot 14 to create Lot 14-1 (0.48A) and combine Lot 12F with the remainder of Lot 13-1 to create Lot 13-2 (6.43A)
Paul McAlduff moved for the clerk to sign plan A4323; the vote was unanimous (5-0).
A4321 Revised– Ford/Santos, Cardinal Drive, Map 121, Lots 5-398 (15301 sf) and 5-463 (30749 sf) – Lot line adjustment to create lots 5-466 (21048 sf) and 5-467 (25002 sf)
Paul McAlduff moved for the clerk to sign plan A4321 - Revised; the vote was unanimous (5-0).
Appointment - Steve Webby
B430 – Clark Estates Completion
Valerie Massard stated that staff has been working with the developer to complete the subdivision and address the concerns of some of the residents of Clark Estates.
Atty. Robert Betters presented an update on the remaining items for the completion of the Clark Estates subdivision. Staff requested an explanation on the status of completion of the subdivision and to address questions raised by some of the residents. The Town is holding bonds for the completion of the subdivision from Mr. Webby the current developer and the previous developers, Pierre Coll and Michael Vogel. As Built plans for the subdivision have been filed with staff and have been reviewed by Beals & Thomas who raised some questions which the developer says his engineer is in the process of addressing. A legal question that needs to be addressed deals with the disposition of the three open space lots. The open space lots have been offered to the Wildlands Trust, who will not accept the land
without an endowment. Atty. Betters suggested that the open space lots could be offered to the Conservation Commission. One of the questions from the residents is in regards to documents from the original presentation that shows a looped connection between common driveways. The approved plan shows the lot dimensions, but does not show the common driveways and/or a connection between the common driveways. Another question that residents had was the naming of the common driveways. The Fire Chief approved naming the driveways, but DPW/Engineering did not. The DPW stated that common driveways are not to be named. Mr. Webby has suggested putting up sign posts that indicate the house numbers that access each of the common driveways. In regards to the completion of the pavement, the base coat has been installed and the final coat will be done in the Spring, 2009. The raised manhole covers have had cement feathering installed to
blend them into the existing pavement, to be inspected by DPW.
Valerie Massard stated that the Planning Board would have to accept and act on the alternative of offering the open space lots to the Conservation Commission.
Paul McAlduff encouraged the developer to contact the Fire Chief regarding the naming of the common driveways. Mr. McAlduff felt that giving the common driveways an identity would improve emergency response. He was hopeful that the Conservation Commission would accept the open space parcels.
Ms. Massard stated that the Fire Department approved the road names, but the DPW did not and both approvals are generally needed in order to name a road, based on 911 requirements.
Marc Garrett asked if the only reason the Wildland’s Trust has not accepted the open space is the lack of a stewardship endowment.
Steve Webby answered yes.
Mr. Garrett stated that the developer is asking the Town to take responsibility for stewardship of the open space, which should not be the Town’s responsibility. He suggested that the developer talk to other land steward organizations about taking the open space. Mr. Garrett stated although the bonds are held under different names, the subdivision is one project that has issues that need to be resolved.
Mark and Keira Slover, 200 Fairview Lane, expressed their concerns with the common drive that was marketed to them as a connecting loop. They were concerned with emergency vehicles being able to identify the location of the houses and the access for the emergency vehicles. There are also erosion issues and vegetation that has been destroyed in their front yard due to the incomplete construction of the common drive. They would like to see the completion of the common drives with the connection, have the boulders removed that are blocking the connection and have the developer submit a timeline that if not adhered to would require penalties.
Mr. Garret explained that the approved plan created the frontage for the lots, but does not define access to the dwellings.
Ms. Massard stated that the loop connection was shown on a preliminary sketch plan but the common driveways were approved as currently constructed and as shown at the public hearing. Ms. Massard also reminded the Board that the driveways were reviewed and approved by the Fire Department.
Craig Wooster, Trustee for the Clark Estates Homeowner’s Association, stated that neighborhood is seeking a commitment from the developer for the completion of the subdivision. The top coat needs to be installed on the roads, 400-500 trees need to be installed to revegetate the end of the street to blend in with the rest of the neighborhood, the drainage areas need to be cleaned up, and the bumps in the road where the base coat meets the dirt should be smoothed out.
Fred Wozniak, 148R Fairview Lane, stated that the character of the neighborhood was changed when the TDR was approved. He stated that the Bylaw and the Subdivision Rules and Regulations require the restoration of disturbed areas and that the areas of erosion need to be stabilized. He stated that the private drives should at least have sign posts indicating the house numbers installed on Fairview Lane.
Bill Burke, 26 Fairview Lane, requested a specific timeframe for the completion and if that is not adhered to, penalties should be assessed. Mr. Burke was also concerned with the safety on the common drives and that the residents were under the impression that there would be a full loop.
Lee Hartmann informed the Board that staff has been contacting the developer frequently and working with the building department to bring this project to completion. The subdivision is private property with private roads and the Town is holding approximately $50,000 until the project is complete. The State only allows a town to take developer’s funds if a project is incomplete. The State does not allow assessment of fines. Mr. Hartmann recommended that the developer submit a detailed timeline for completion; that the developer address items on a punch list that staff will create; and work with the Building Department to put additional leverage on the developer to complete the subdivision. He also suggested that another meeting be scheduled for Mr. Webby to update the Board on his progress. Mr.
Hartmann stated that he understands DPW’s concerns with common driveways being given a street name as there could be an expectation that the common driveways would be plowed and/or maintained by the Town. As there is a safety issue, the driveway could be named with a restriction that exempts the Town from providing plowing and other maintenance.
Larry Rosenblum placed safety as the first priority. He suggested that the loop road could be completed. The second priority is the completion of contractual obligations. The third priority is dealing with administrative issues.
Malcolm MacGregor agreed with Mr. Rosenblum on the completion of the loop road. Mr. MacGregor asked if the Town has taken the bonds in the past.
Mr. Hartmann stated that taking the bonds has been done, but there are issues with the Town working on private property so it is considered a last resort.
Paul McAlduff moved for the Board to require that the common driveways be named as a safety measure and that the loop road be completed.
Mr. Garrett stated that he did not have a problem with the concept of the loop road, but there are no easements across private property to allow the connection. There has to be a willingness of all the owners to relinquish their rights and would require a taking for the easements.
Mr. Rosenblum suggested that the Planning Board should schedule a site visit to assess the situation.
Mr. Garrett suggested that staff create the punch list and circulate it to the Board and the applicant. He also suggested holding off on naming the common driveways until there is a resolution, that the applicant should submit a response for completion of the items on the punch list, and the Board should schedule another meeting with the developer in January or February.
Mr. McAlduff withdrew his motion.
The Board scheduled a site visit for Saturday, December 20, 2008 at 9:30 a.m., meeting at the cul-de-sac.
The Board took a five-minute break.
Public Hearing (cont. from 11/3) (HC)
B557 – McKenna, Sean and Catherine
100 Sandwich Road, Map 47, Lot 21C
Continuance Requested
Valerie Massard informed the Board that the applicant has requested a continuance in order to follow up on issues that were raised during the previous public hearing held on November 3, 2008.
Paul McAlduff moved to continue the public hearing to February 2, 2008 at 7:15 p.m.; the vote was unanimous (5-0).
Public Hearing (VM)
B437 – Pinehills LLC Modification - Kettleview
Marc Garrett read the public hearing notice and opened the public hearing.
Bill Wennerberg recused himself and joined the audience.
John Judge presented the plan to reconfigure the road that services the Kettleview neighborhood. A small section of the road located off Hearthstone would be eliminated and revegetated while the driveway that currently accesses the model home complex would be extended to Boulder Ridge. The Fire Chief has reviewed the proposal and is supportive.
Valerie Massard stated that staff did receive correspondence from Fire Department stating that they had no objections to the plan.
Paul McAlduff moved to close the public hearing and approve the modification for the Kettleview neighborhood; the vote was unanimous (4-0).
Appointment - Atty. Edward Angley
Proposed TM Article – Zoning Change at Exit 5
Atty. Edward Angley presented a proposal for a town meeting article to rezone Lots 48 and 13 on Map 89 from Residential to Highway Commercial. The land is located at the end of Home Depot Drive. The adjacent Home Depot land was rezoned with a stipulation that allows no special permit uses. This rezoning could include a requirement that any tenant larger than 10,000 sq. ft. would require a special permit. Mr. Angley presented a cartoon plan that details the maximum development allowed. A traffic improvement plan shows various mitigations to reconfigure the Route 3 southbound off ramp at the intersection of Long Pond Road, and the Home Depot intersection.
Ron Mueller, Greenman & Pedersen, presented the traffic review which included evaluating the traffic impacts of developing the land and identifying the traffic constraints and what can be done to fix them prior to the development of the site. The market is for general or medical office space with some retail, possibly a supermarket. The site would support a mixed use of approximately 500,000 sq. ft. of office space or mix of 100,000 sq. ft. of general office space with 65,000 sq. ft. of medical office space and 75,000 sq. ft. of retail space with associated parking spaces based on remaining roadway constraints after the proposed mitigation is constructed. Improvements could include widening Home Depot Drive to provide an additional left turn only lane onto Long Pond Road, relocation of the signalization
equipment, splitting the time of the lights at that intersection to allow only one direction to move at a time; creating an additional lane for right turn only off the Rte. 3 southbound off-ramp by widening the off-ramp to a double right turn with signalization; providing funds to create the design for a northbound ramp off South Street east of the Rte. 3 overpass to eliminate crossing traffic to head north; and improvements to the Obery Street intersection. There is limited room to further widen Long Pond Road and the Rte. 3 overpass is also a constraint. Mr. Mueller stated that Mass Highway should be receiving a plan for coordinating the signalization on Long Pond Road.
Paul McAlduff felt that proposed improvements would eliminate some of the problems in the area. Mr. McAlduff requested that a No Turn on Red sign be added to the traffic movements at the County Road/Long Pond Road intersection. He also suggested widening Home Depot Drive where it narrows to one lane possibly with a dedicated left turn lane, internal to the site, is needed.
Malcolm MacGregor was supportive of the proposed traffic mitigation. He asked the applicant to provide a projection, based on population, for the existing retail and office space and how much additional retail and office space the area could support in the town.
Larry Rosenblum reminded the Board and the applicant that every time this area is discussed, a loop road between Holman Road and Home Depot Drive has been proposed. Mr. Rosenblum felt that a buildout analysis for commercial development and the additional traffic that could be expected should be submitted.
Mr. Mueller stated that a loop road between Holman Road and Home Depot Drive is not a good idea. He felt that the additional traffic on Home Depot Drive would create capacity issues.
Atty. Angley stated that the RKG report identifies intersections as the place for development and future growth.
Marc Garrett was appreciative of the effort, but shared his concerns with the corridor that starts southeast of this area and continues along Long Pond Road. A number of developers have proposed improvements, but there is no unity and needed improvements have not been installed at Holman Road. Mr. Garrett felt that an infrastructure plan for the whole corridor should be created.
Atty. Angley stated that his client can only provide mitigation for the problems they will create.
David Gilvar, Viking Development, stated that he realizes that there are traffic issues in the area that need to be resolved, but he cannot be responsible for all the improvements needed.
Mr. MacGregor suggested that the traffic report should be peer reviewed and should include comments on the feasibility of a loop road.
Mr. Hartmann asked the Board to consider how to guarantee that the proposed development and improvements are completed, whether through the special permit process or a Memorandum of Understanding (MOU). The Board will have to consider whether they support the proposed zoning change and how to achieve the best outcome.
Mr. Rosenblum suggested that a master plan should be created for the entire area. He also suggested that the applicant consider installing a landscaped island on Long Pond Road in the vicinity of the Police Station and Home Depot Drive.
Bill Wennerberg thought that the buildout information and a draft MOU should be submitted and a peer review should be done in order for the Board to look at the area with a comprehensive approach.
Other Business:
Lee Hartmann presented a request for a performance guarantee release for the remaining funds held for the completion of the B428 – South Meadow Village subdivision. A portion of the remaining funds ($5,000.00) will be donated to the School Department with the remaining $14,948.50 to be returned to the developer.
Paul McAlduff moved for the Board to release $19,948.50 from the performance guarantee held for B428 – South Meadow Farm; the vote was unanimous (5-0).
Paul McAlduff updated the Board on the activity of the Building Committee. A new HVAC system has been installed at PCIS. The new system converts the building from all electric to gas and the school has received a $300,000 rebate from NStar. The project came in at $1.3 million under budget. The schools are participating in several energy conservation measures. The crematory is under construction and a March, 2009 opening is expected. Ted Gentry has been chosen as the project manager for the Plymouth North High School/Senior Center project. The project is currently in the State’s holding zone for funding.
Larry Rosenblum again suggested that Plymouth Rock Studio request an extension for the MEPA comment period. The traffic presentation on the access road that was scheduled for last week has been postponed to January 12, 2009, while the deadline for public comment on the MEPA filing is January 9. 2009.
Mr. Hartmann stated that the Studio was asked to consider requesting a two week extension on MEPA, but they were not supportive of the request.
Kevin O’Reilly, Plymouth Rock Studios, stated that a 15 day extension of the MEPA comment period has already been granted and to ask for a further extension could delay the project. The Studio has done a lot of outreach to the community and has made all the information available to the public. There will be a scoping session for the ENF on Thursday, December 18, 2008 at Waverly Oaks.
Mr. Hartmann stated that the ENF will be reviewed by staff and a MEPA comment letter will be drafted then submitted to the Board for approval. The PRS traffic report is currently under peer review.
Paul McAlduff reminded the Board that there was a full presentation on traffic at the Citizens Advisory Committee meeting and many residents were in attendance and had their questions answered.
Richard Quintal, Citizen Advisory Committee Chair, stated that a final summary will be submitted to the Board for their workshops. He felt that the committee received a lot of public input and many questions were answered by the Studio.
Malcolm MacGregor requested that the Board submit a request for the Board of Selectmen to pursue taking title of the Courthouse using Community Preservation funds.
Larry Rosenblum suggested adding a request to reconvene the County, Town Land Committee.
Paul McAlduff moved for the Board to send a letter to the Board of Selectmen to consider pursuing taking the title for the Courthouse and to reconvene the County, Town Land Committee; the vote was unanimous (5-0).
Malcolm MacGregor moved to adjourn at 10:00 p.m.; the vote was unanimous (5-0).
Respectfully Submitted,
Eileen M. Hawthorne Approved: January 5, 2009
Administrative Assistant
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