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Planning Board Minutes January 26, 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, Paul McAlduff, and Larry Rosenblum
Planning Board Alternate: Timothy Grandy
Staff Members: Lee Hartmann and Howard Coppari
Recording Secretary: Eileen Hawthorne

Administrative Notes:   

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

The Board approved the endorsement of the plan for B437 – Pinehills LLC – Kettleview.

Paul McAlduff moved to approve the Administrative Notes; the vote was unanimous (3-0).  

BOA 3515 – Jeannine Anderson Realty Trust/PA Landers
        143 Hedges Pond Road, Map 55, Lots 52A-1, 52B, 52C, and 53
        and Map 60, Lot 21
Atty. Edward Angley presented the request to modify Board of Appeals special permits #3086 and 3288 which granted a master plan to create cranberry bogs, a retention pond and associated roads in order to relocate the retention pond and revise the cubic yards of gravel to be removed.  Atty. Angley advised the Board that two horticulturists have been consulted to address planting issues and they will present a planting plan at a later date.  
Lee Hartmann stated that in addition to the relocation of the irrigation pond and the additional gravel removal in the amount of approximately 300,000 cubic yards, the petitioner is offering a gift of $0.10 per cubic yard of gravel removed; would like to alter the planting plan; and has agreed to comply with the conditions of the gravel removal bylaw as amended in 2007.  The amendment to the gravel removal bylaw requires that no more than five acres can be disturbed on a site at any given time.    
Bill Madden, GAF Engineering, presented the redesign of the tail water recovery pond that has a small canal to channel run off from the adjacent sloped areas.  The pond will be used to irrigate the new cranberry bogs.  Mr. Madden expressed concerns with the requirement in the new bylaw that no more than five acres be disturbed at a time.  He felt that the logistics of creating the new bogs, the pond, and the slope grading which is at 3:1 would require more than five acres be disturbed at any given time.  Mr. Madden suggested that an increase to the five acre requirement might be appropriate for this project.
Paul McAlduff asked how much in excess of the five acres they would need to go.  
Mr. Madden replied approximately 7.5 to 10 acres would allow for the tree cutter to come in and clear the land as needed while the slope is being brought down to a level platform.   
Mr. McAlduff suggested that 7.5 acres should be the maximum, but that they should comply with the 5 acres in the future phases.  
Marc Garrett stated that there is a multitude of sand and gravel operations in the Town and he normally would be hesitant to allow an increase to the area that can be disturbed.   He stated that in this case, it might not be practical to have only five acres disturbed at any given time and that the petitioner should work with the Board to revise the acreage on an as needed basis.  Mr. Garrett also suggested that hay could be used as a temporary stabilization on some of the open areas.   
Mr. Hartmann stated that this project is not subject to the amended bylaw so there may be some latitude to exceed the five acre minimum.  He also suggested that a landscape plan should be submitted.  
Tim Grandy stated that the Cedarville Steering Committee reviewed the project and was supportive.   
Paul McAlduff moved to recommend approval to the Zoning Board of Appeals subject to the following conditions:
All prior conditions shall remain in full force and effect, except as modified by the conditions below.
The site plans shall be revised to accurately reflect ownership of Map 61, Lots 30 and 31, which, according to Town Hall records, are not in ownership of the Petitioner.  Town Hall records indicate that Lot 30 is owned by the Town of Plymouth, and that Lot 31 is not in ownership of the Petitioner.
A copy of the revised master plan shall be filed with the Board of Appeals prior to the start of work on any of Phases III or IV as shown on the Plans.
Evidence of recording of this Special Permit at the Plymouth County Registry of Deeds shall be presented to the Board of Appeals, and the plans shall be recorded with the Special Permit.
The applicant has agreed to return to the Planning Board with detailed planting information including quantity, species and size on the proposed alternative shrub plantings.  This alternative slope stabilization information must be approved by the Zoning Board of Appeals.  Prior to any earth removal in Phase III, the Petitioner is to return to the Planning Board for review of the proposed planting plan for the slopes surrounding the created bogs/tailwater recovery ponds, subject to final approval by the Board of Appeals.  Said plan shall include the woody material proposed for those areas visible from Route 3 and include those portions of Phase IV that are visible both from Route 3 and the residential neighborhoods to the north and east (if any).  Per the Massachusetts Department of Agricultural Resources, The Town hereby requires developers to recognize the State regulations regarding Invasive New England Plant Species.  The Massachusetts Prohibited Plant List identifies more than 140 plants as either noxious and/or invasive.  Such species are prohibited within the Town of Plymouth.
Petitioner agrees to review by the Planning Board and Board of Appeals prior to start of each new phase of the project, where a modification of the special permit will be requested, and to establish the projected amount of gravel removal for each phase.  No new phase will begin prior to completion of the preceding phase before last (i.e. Phase III not to begin until Phase I and Phase A are stabilized).  Accordingly, prior to any earth removal in Phase III, the Petitioner shall certify, through a letter from a Professional Engineer to the Director of Inspectional Services, that:
Phase I and Phase A are planted and stabilized prior to initiating work on Phase III;
  • The Building Inspector has inspected the site for conformity with all approved plans; and
  • The actual earth removal volume for Phase I and Phase A is consistent with the special permit(s).
Accordingly, prior to any earth removal in Phase IV, the Petitioner shall certify, through a letter from a Professional Engineer to the Director of Inspectional Services, that:
  • Phase II is planted and stabilized prior to initiating work on Phase IV;
  • The Building Inspector has inspected the site for conformity with all approved plans; and
  • The actual earth removal volume for Phase II is consistent with the special permit(s).
The Petitioner has agreed to offer a gift of $0.10 per cubic yard of material to assist the Town with maintenance and repair of Hedges Pond Road.  Payment is to be accepted by the Board of Selectmen on behalf of the Town prior to start of any excavation associated with Phase III of the project, in an amount of $54,315.00, and also prior to start of any excavation associated with Phase IV of the project, in an amount of $103,760.00.  These gifts shall be made available for purposes of engineering study and evaluation, maintenance and repair of Hedges Pond Road.  Such funds to be expended at the discretion of the Selectmen or their designated agent.  The Petitioner has agreed that the gift per cubic yard of material shall be negotiable at future phases based on inflation.

With the exception noted in item (e) below, the Petitioner has voluntarily agreed to abide by the conditions of the gravel removal bylaw as amended by 2007 Fall Town Meeting with respect to site management.   The following conditions shall apply, per Section 205-18 Paragraph G with respect to the Phase(s) subject to this modification (Phases III and IV, and any Phases that follow):
  • Excavation of materials shall be allowed for a period not to exceed two (2) years from the start of excavation.  The Petitioner shall notify the Building Commissioner prior to the commencement of work.   Sixty (60) days prior to the completion of the two (2) year period the Petitioner may file a written request to the Board of Appeals for an extension of the excavation period.  The Board of Appeals may deny the request of the extension; reasons for denial include:
  • Violations of the Conditions of this Special Permit.
  • The work site has been deemed abandoned by the Building Commissioner.
  • Proper stabilization methods are not maintained.
  • Documented violation of agreed-upon truck routes.
  • The excavation and trucking of material and/or noise generated by the excavation, operation, engine start-up and trucking of material shall be limited to Monday through Friday.  The hours of operation shall be limited to 7:00 AM to 4:00 PM.  No excavation activities shall be permitted on holidays.
  • The Petitioner shall be responsible for the clearing of any sand that accumulates on the truck route as a result of the excavation of material on a daily basis.
  • The Petitioner shall maintain the existing temporary signs warning traffic of truck entry for safety as previously placed for the gravel removal on this site, and the existing paved entrance drive, also previously placed for the gravel removal activities at this site.
  • No excavation shall be larger than five (5) acres for earth removal, storage, and/or processing at one time.  Prior to the commencement of excavation of any subsequent areas, the preceding five (5) acre operation shall be stabilized either temporarily or permanently.  EXCEPTION – Given the size of this project, the applicant is concerned about the 5 acre limitation.  The goal of this 5 acre limitation is to minimize erosion and prevent the creation of large areas with no vegetation.  The Planning Board recommends the following language be added to this condition “This 5 acre limit may be varied if after review by the Planning Board the Zoning Board of Appeals finds that the condition of the stabilization in-place and the timing of future stabilization are acceptable.
  • The Petitioner shall permanently stabilize any portions of the site that are not under construction after earth removal activities have ceased for a period of six (6) months.  
  • Planting required for stabilization in any applicable year shall occur no later than October 31st.  
  • The Building Commissioner or its duly authorized agent shall have access to the excavation site at all times in order to inspect the site to insure compliance with all approved plans.  
  • Monthly statements are to be submitted to the Building Commissioner from a Registered Professional Engineer stating that the provisions of the Special Permit are being followed, and providing tallies of earth removal to accurately determine the amount of gravel being removed.  
If all of the above noted conditions are not adhered to, the Building Commissioner may cause all excavation work to cease until the problems identified are corrected
The vote was unanimous (3-0).  

Site Plan Review
        5-7 Sever Street (HC)
Nicholas Filla, Plymouth Architects, presented the site plan review for the creation of five, two-bedroom dwelling units with 10 parking spaces within existing commercial buildings.  If the project is approved, the owner will occupy one of the units.  Previously the site had been approved for seven dwelling units and office space with associated parking.  The residential units would consist of four townhouses within the existing buildings and a fifth townhouse that will have a “carriage house” design.  The units will range in size from 1400 sq. ft. to 1800 sq. ft. and each unit will have one attached parking garage and one detached parking space.  The Historic District Commission reviewed the proposal and was supportive with conditions.   
Howard Coppari reviewed the memo that was submitted to the Board asking whether the applicant would consider including an affordable unit even thought it is not required under this petition.     
Mr. Filla stated that they are considering including affordable housing in a different project.  
Larry Rosenblum was supportive of the project, but expressed his concerns with the setback from Sever Street.   
Mr. Filla explained that the property is located in the Downtown Harbor District which has a zero setback requirement and that some of the houses in the neighborhood have setbacks of as little as five feet.
Marc Garrett and Paul McAlduff were supportive of the project.   
Paul McAlduff moved to notify the Building Commissioner that the proposed building is acceptable and that the site plan complies with the minimum requirements of the zoning bylaw if the below conditions are satisfied:
Compliance with the Prevention of Light Pollution Zoning Bylaw must be documented.  Lighting details should be submitted.
Prior to issuance of an occupancy permit: a Registered Professional Engineer must certify that the drainage system, drive ways, curbing and parking areas have been installed; and a Registered Landscape Architect or other qualified licensed professional must certify that the required landscaping has been installed; all according to accepted practices and in compliance with the Zoning By-law and the approved site plan.
Compliance with ADA requirements must be documented.
Internal sprinkling and fire alarm systems must be provided if required by the Fire Chief.
The vote was unanimous (3-0).

Other Business:
Zoning Reform
Community Planning Act
The Board discussed the proposed Community Planning Act (CPA) that has been filed by Senator Robert O’Leary.  The CPA would reform the Massachusetts’ zoning and subdivision control laws.  
Lee Hartmann suggested that the Board vote to send a letter of support to the Zoning Reform Coalition and to ask Plymouth’s state delegation to support the CPA.  
Larry Rosenblum requested that the language be made available to the Board members and suggested that the Board invite a member of the coalition to a future Planning Board meeting to explain the proposed reform.  
Marc Garrett was in favor of Mr. Hartmann’s suggestion to submit a letter of support to the Coalition and the State delegation.  He also stated that he would be willing to attend meetings regarding the reform and testify in support.   
Mr. Hartmann stated that he would review the proposed language and draft a summary showing the portions of the reform that would help Plymouth.   

The Board received a copy of the Certificate from the Secretary of Energy and Environmental Affairs on the Expanded Environmental Notification Form for Plymouth Rock Studios (PRS).  The certificate allows PRS to submit a single Environmental Impact Report to fulfill its MEPA obligations and grants the request for a Phase 1 waiver that will allow construction of the access road to proceed prior to completion of the MEPA review.   The Certificate also outlines ten areas where more information has been requested.

Paul McAlduff moved to adjourn at 8:05 p.m.; the vote was unanimous (3-0).  

Respectfully Submitted,




Eileen M. Hawthorne                                             Approved: February 9, 2009
Administrative Assistant