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Planning Board Minutes January 12, 2009
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:
The Board approved the minutes of January 5, 2009 as presented.

The Board approved the endorsement of the plan and covenants for B432 & B488 – Carters River Farm Modification subject to Town Counsel’s approval of the final covenant language.       

The Board recommended approval to the Zoning Board of Appeals of BOA 3516 – Darrin DiSalvatore,         12 Tilton Street, Map 27, Lots 55-193 thru 55-200 for Special Permits to waive the side yard setback for a fireplace chimney and to expand a non-conforming structure subject to the following condition:
If the applicant chooses to modify the house again then a detailed plot plan shall be submitted to the Department of Inspectional Services for a proper review of new changes that might occur with the single-family house.

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

Presentation – A. D. Makepeace
        River Run & Tihonet Village Update              
Tom Berkley presented an update on A. D. Makepeace’s (ADM) River Run project.  In October, 2008, MEPA issued a certificate for ADM’s Environmental Impact Report (FEIR).  The current aspects of the project include four main components:  Design Guidelines, Road Improvements, Construction Routes and a Phasing Plan.  The Design Guidelines which are in draft form address elements such as site planning, architecture, roadways, landscaping, wayfinding/signage, and green building.  Road improvements include the Bourne Road Connector, Wareham Road, and the internal road system.  Mr. Berkley presented a map identifying the construction routes and the conceptual phasing plan.  The first phase of construction would include 100 homes and a portion of the village green.   The second phase would include construction of the wastewater treatment facility, further development of village area and 200-300 homes.  The final phases would consist of the construction of 700 homes in the southern portion of the site.    
Marc Garrett thanked Tom Berkley for the update.   

Presentation – Plymouth Rock Studios
        Access Road             
Bill Wynne, Plymouth Rock Studios (PRS),  began the presentation on the progress of PRS.  Since the October Town Meeting, they have filed with MEPA which has deemed the filing complete and is moving forward with the review and have participated in several charettes on green and sustainable design.  They will be coming before the Board shortly to request a pre- submittal hearing on how to break the review into components that make sense.   Tonight’s focus is on traffic and preferred alternatives for infrastructure improvements on the access road that will be shared with the schools.   
Jeffrey Dirk, Vanasse and Associates, presented the proposed access alternatives for the PRS project.  The access alternatives have also been reviewed for the Town by an independent consultant.  Proposed improvements stretch from Jordan Road, the entrance at the State Forest, the current entrance for the schools, the Long Pond Road/Clark Road intersection and the Route 3/Clark Road intersections.  Seven alternatives were drafted by PRS with an additional three alternatives submitted by the Citizen’s Advisory Committee.  Mr. Dirk reviewed several of the proposed alternatives with Alternative 1A as the preferred alternative.  Alternative 1A shows significant improvements to the Route 3/Clark Road intersections by adding north and south bound ramps to eliminate the need for left turn movements; adding a roundabout south of the Clark Road/Long Pond Road intersection; and adding signalization at the access road/Clark Road intersection.  Additional improvements with option 1A include traffic calming features on Long Pond Road, a roundabout at the Jordan Road/Long Pond Road intersection, and modification of the existing school entrance on Long Pond Road.  They are currently waiting on feedback from Mass Highway.  
Ken Caputo, Coler and Colantonio, reviewed the proposed access road design which included profile and grading studies and drainage.   The road has been designed to minimize impact to the land and maximize efficiency and aesthetic values.  The existing entrance to Waverly Oaks will become a gated access for emergency vehicles and for the 10 residential lots along Long Pond Road.  The access road would have a one lane 24 ft. wide entrance off Clark Road with a forested island separating the egress that would widen to four lanes.  Grass swales would be installed for stormwater management and a bicycle/pedestrian path will be separated from the road by a vegetated area.  The grade of the road will vary between 2 percent and 6 percent, follow the existing topography, and utilize low retaining walls instead of grading out the steep slopes.  There will be two entrances for the schools off the access road.  PRS is working with the schools and DPW to draft strategies for traffic control such as a speed limit of 30 mph and center islands or other traffic calming measures.  Mr. Caputo also presented concepts for future access for connections to Crosswinds Golf Course and Forges Field.    
Malcolm MacGregor asked if there were any provisions for pedestrians to cross Route 3 to connect the network of trail systems on both sides of the highway.  He asked if the pedestrian access would be near the ramps and if there would be a median strip along Clark Road.  
Mr. Dirk replied that there would be bicycle and pedestrian access across Route 3 along Clark Road and that median strips are an option that would require Town approval.  
Paul McAlduff asked if the proposed roundabout would have a dedicated north bound lane.  
Mr. Dirk replied that a lane has been provided that would allow vehicles to take a right turn lonto Long Pond Road from Clark Road.  
Larry Rosenblum asked about the cost of the access road and whether the road would be public up to the PRS site.  
Mr. Caputo stated that the estimated cost is between 4-5 million dollars and the road has to be public up to the schools, but is proposed to be public up to the site.  
Mr. Rosenblum stated that he was supportive of option 1A.  
Mr. Garrett expressed an interest in hearing from the DPW and School Administrators who were in attendance.  Gary Maestes, Superintendent of Schools, John Siever, Principal of South Middle School Jim Hanna, Vocational Technical Studies Principal and Patricia Connors, Principal of Plymouth South High School were satisfied with the design of the new access road for the schools, the pedestrian/bicycle path, and the proposed traffic calming measures.    

Roger Hammond, DPW Director, stated that PRS has done a great job with the low impact design and that the multi-use pathway and future expansion alternatives would be a tremendous benefit.  Mr. Hammond stated that there are still issues that will need to be worked on during the site plan review process.  
Larry Rosenblum asked how to prevent the school site from being a cut through from the studio to Long Pond Road.  
Mr. Maestes replied that access to Long Pond Road through the school site would be for school traffic only and that they will need assistance in monitoring and security of the Long Pond Road entrance.  
Mr. Rosenblum suggested that future presentations of the access road and proposed mitigations for Clark Road should include cross sections.  He had some concerns about the relationship of the access road to the highway and the visibility of headlights on both roads.   
Robert Quick expressed his concerns with the review process that the studio has undergone compared to Makepeace.   
Marc Garrett explained that the presentation by A. D. Makepeace was an update on a project that has already been permitted and that their permitting process has taken several years.  The review process for the Studio is a little more complicated and has only been before the Board for the last eight months or so for the Waverly Oaks site.   
Lee Hartmann further explained that nothing has been filed with the Board to date and that once filed, it will go through the review process as quickly as possible.  
Kevin O’Reilly confirmed that the process for Makepeace was a lengthy, drawn out process that took several Town Meeting votes over a few years in order for them to move forward.
Bill Wynne assured the public that PRS is still on track to break ground this spring and they hope to have their financing completed within the next 90 days.  While they are waiting for the completion of the MEPA process, they have been pursuing the green initiatives.   They would like to submit a complete application to the Town for the review process.  
Atty. Edward Angley stated that they will be requesting a pre-application review by the Board possibly as soon as February 7, 2009.  

BOA 3514 – Balboni LLC (HC)
        Nicks Rock Road, Map 32, Lot 22-3
Marc Garrett recused himself from this review and left the room.  Malcolm MacGregor took over the Chair position for this review.  
Atty. Robert Betters presented a revised petition for Board of Appeals (BOA) #3480, in which the Planning Board had recommended approval subject to conditions.  That petition was not approved by the BOA and was appealed by the petitioner.  The current petition is for a special permit to construct three units of elderly housing and convert an existing duplex to elderly housing.  This revised application has been determined to be significantly different from the original filing by the Building Commissioner and is not a repetitive petition.  The revised plan modifies the footprint, location, height and architecture of the triplex unit, revises the grading where the new structure will be built, and addresses an existing drainage issue on Nicks Rock Road.  The applicant has agreed that if the units are to be rental units, Community Development would oversee an annual certification that the residents meet the age restricted requirement and if the units are to be sold, the condominium documents and deeds will have an age-restricted clause.
William Shaw, Associated Engineers, reviewed the site plan which showed the adjustment to the triplex location, showed the areas to be graded, and addressed the drainage problems on Nicks Rock Road.   
Jeff Metcalf submitted a series of images showing existing conditions and how the new structure would fit into the site.  The new cape style building will consist of similar materials and colors as the existing building.  There will be a 12 ft. grade difference between the two buildings.  Mr. Metcalf presented the elevations and the floor plans for the two bedroom units.   
Bill Wennerberg suggested that the applicant should submit a landscape plan that includes two trees per unit as a minimum.  
Larry Rosenblum was supportive of a landscaping plan with protection of existing significant vegetation.   
Paul McAlduff moved for the Board to recommend approval to the Zoning Board of Appeals subject to the following conditions:
The Zoning Board of Appeals will review the final plans pertaining to the grading of the new structure; proposed erosion control measures for the area of disturbance; and architectural details for the building.
The Planning Board would like for an annual monitoring process to be developed to verify the age of the residents acceptable to the Building Official.
The Zoning Board of Appeals will review a covenant that deals with the ability to monitor and enforce the five age restricted housing units proposed for this site.
Prior to the issuance of a Building Permit, a detailed landscaping plan that includes additional onsite vegetation and show areas of existing vegetation to remain will be submitted and approved by the Planning Board for review with final approval by the Board of Appeals.
Prior to the Occupancy Permit being issued, a Registered Professional Engineer must certify that the drainage system, driveways, curbing, and parking areas have been installed properly and in compliance with the approved plan and the Special Permit.
If the units are rental units the following condition shall apply:
  • The five (5) dwelling units shall be restricted for rental to persons aged 55 and older on a year-round occupancy basis only, with no seasonal rentals permitted.
  • The Plymouth Office of Community Development will act as Monitoring Agent for the Project. Prior to issuance of any building permit for the Development Project, the Applicant shall enter into a Monitoring Services Agreement with the Monitoring Agent, providing that the services to be performed by the Monitoring Agent shall include but not be limited to:
  • Review and approval of the selection process for renters of the 55 and over units.
  • Review and approval of annual compliance of the 55 and over units with respect to the 55 and over housing restriction.
  • All of the 55 and over units shall remain so in perpetuity. A 55 and over housing restriction, enforceable by the Town of Plymouth, requiring that the 55 and over units remain as such in perpetuity, in a form approved by Town Counsel, shall be recorded senior to any liens on the Premises in order to protect the continued availability of and requirement for the 55 and over units in the event of any foreclosure, bankruptcy, refinancing or sale. The applicant shall not receive a building permit until evidence of the recording of such 55 and over housing restriction has been provided to the Board.
  • The Applicant shall bear all costs associated with the qualifying, selection and annual monitoring of the renters. ~
The vote was unanimous (4-0).  

Marc Garrett rejoined the meeting.  
 
Other Business:
Larry Rosenblum read portions of a letter from the District Attorney that stated that Mr. Rosenblum and Mr. MacGregor have not violated the Open Meeting Law and that no investigation is warranted in regards to a memo to the Board about their concerns with Plymouth Rocks Studios.  Mr. Rosenblum asked that a copy of the letter be forwarded to the Board of Selectmen and David Kirkpatrick.  
 
Marc Garrett requested that future reviews by staff include a statement as to how the project complies with the Town’s Master Plan.  
The Board was supportive

Paul McAlduff moved to adjourn at 9:20 p.m.; the vote was unanimous (5-0).  

Respectfully Submitted,



Eileen M. Hawthorne                                             Approved: January 26, 2009
Administrative Assistant