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Planning Board Minutes March 16, 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 and Valerie Massard
Recording Secretary: Eileen Hawthorne

7:00 Administrative Notes:
Minutes:
March 9, 2009
Paul McAlduff moved to approve the minutes of March 9, 2009 as presented; the vote was (3-0-2) with Larry Rosenblum and Bill Wennerberg in abstention.

Form A Plans:
A4329 – David & Marjorie Mann, off Head of the Bay Road, Map 129, Lot 15 – No changes to the land in Plymouth, changes in Bourne only
Malcolm MacGregor moved for the clerk to sign the plan; the vote was unanimous (5-0).

Public Hearing  
Pinehills Modification – Painted Cottage
Bill Wennerberg recused himself from this hearing and joined the audience.
John Judge presented the request for a modification to the Pinehills OSMUD that in this phase would create sixteen residential lots and the road layout for Painted Cottage, Morning Stroll, and Shutter Latch.  Some of the homes will front on a pocket park and have the road running to the rear of the buildings.  Upon completion the neighborhood will have 32 residential lots.  Mr. Judge explained the location of the subdivision that will run between Summerhouse Drive, Market Crossing, Pinehills Drive and Meeting Way.  
Paul McAlduff asked about an area near lot 10-458 that seemed to be notched out of the lot.    Mr. Judge explained that the area would be used as visitor parking spaces because the homes are tightly clustered together.  
Mr. McAlduff asked if the roads going west on Shutter Latch and left up Painted Cottage could be one-way and narrowed to create more area in the pocket park.   
Mr. Judge stated that they did consider narrowing the roadways, but they are 18 ft. wide as allowed in the OSMUD and need to allow for adequate turning radius for the driveways within the loop.
Larry Rosenblum asked about the square footage of the dwellings and if other neighborhoods were of similar density.
Mr. Judge replied that the dwellings will vary in size from approximately 1,600 sq. ft. to 3,200 sq. ft.  The smaller homes will front the pocket park while the larger homes will overlook the pond and the golf course.  The dwellings will have two car garages underneath with vehicle stacking in the driveways and approximately 12 parking spaces scattered throughout the neighborhood for visitor parking.  The density of this neighborhood is 4 or 5 dwellings per acre while the densest neighborhood is the Avalon neighborhood at 20 dwellings per acre.
Valerie Massard explained that the Fire Department has reviewed the proposed layout and road names and is supportive.  
Paul McAlduff moved for the Board to approve the modification to the Pinehills’ OSMUD for the Painted Cottage neighborhood; the vote was unanimous (4-0).

Bill Wennerberg rejoined the Board.

Public Hearing (cont. from 2/2)
        B515 – Nestle Down Modification
Atty. Robert Betters reviewed the history of the approved definitive subdivision which was granted by the Board in 2005 after extended public hearings.  The subdivision approval was appealed and the Board’s decision was upheld by Land Court.  The plan and covenants have been endorsed by the Board, but not recorded yet.  The petition for a modification of the subdivision would allow for a lessening of the width of the roadway and reducing the sidewalks to one instead of two as approved thereby reducing the impact to the landscape.    The fourteen lot modification also has one less lot than the previously approved fifteen lot definitive subdivision.  
Randy Parker, Land Management Systems, Inc. presented the plans for the previously approved definitive subdivision and outlined the changes in the proposed modification.  The road layout would remain the same at a width of fifty feet, but the pavement would be reduced to a 20 ft. width with one sidewalk.  Mr. Parker reviewed the drainage which would include an open detention basin surrounded by vegetation.  The waiver would reduce the proposed number of trees on the landscaping plan by half.  The Fire Department has requested that trees be trimmed to allow for safe travel of emergency vehicles.  The existing common driveway will be eliminated and access will be through the new paved road leading into the subdivision.  
Valerie Massard noted that the Fire Chief has reviewed the reduction in road width to 20 ft. and has no objections.  Ms Massard stated that review of the turning radius at the cul-de-sac would be added as a condition of approval.  The waivers requested would reduce the impact on the landscape, the number of trees to be removed, and runoff.
Marc Garrett asked for clarification on the lot numbering and whether the area that is currently the common driveway would be conveyed to the lot owned by Mr. Prince.
Mr. Parker clarified the lot numbers and stated that it is the intent of the proponent to convey the common driveway to Mr. Prince.  
The following residents spoke in opposition to the project:  Daniel Carvalho, Bob Murphy, Joe Notini, Michael Packard, Janice Rotella, Jack Prince, Ted Wilkinson, Deborah Salerno and John Gambill.  Their concerns included public safety because of the reduction in road width and sidewalks; the proximity of septic systems to existing wells; lot clearing; pedestrian traffic on the easement that is used by an abutter as an existing driveway; the potential that some of the structures will be duplexes; the impact on traffic and schools; public safety on Stage Point Road; and the elimination of the existing common driveway.
Malcolm MacGregor explained that the narrower the pavement of the road, there will be less runoff, less heat generated and less disturbance of natural vegetation.  
Paul McAlduff was supportive of creating more green space and less road surface.   
Mr. Garrett explained that in smaller subdivisions, the Board encourages less impervious cover in order to reduce runoff, drainage structures, infrastructure, and ground disturbance.
Mr. Parker noted that many of the waivers requested are technical and benign and they are not asking to reduce the standard of submission.  He also reminded the audience that three Village Open Space Development (VOSD) plans were brought before the Board for review and were not supported by the neighbors.  The VOSD would have created buffer areas and open space with reduced residential lot size, thereby creating less disturbance to the site.  
Ms. Massard stated that this petition is a request for a modification of an existing approved plan.
Jack Prince stated that he did not want the common driveway conveyed to his lot.  He preferred to keep the existing driveway and requested a privacy fence be installed.  
Atty. Betters explained that the plan did not eliminate access to Mr. Prince’s property.  The existing easement is being relocated which is allowed by law and will be a safer alternative.  Mr. Prince will not be part of the subdivision or responsible for maintenance of the roads within the subdivision.  The relocated easement will be documented and recorded.
Mr. Parker noted that the plans note that a privacy fence or shrubs will be installed as a screen along Mr. Prince’s property.  He also stated that there is no intent to build duplexes on any of the lots and that the pedestrian easement is only for the lots that are being created on the property formerly known as the “Scambos” property.  
Lee Hartmann suggested that the lots that have rights to use the easement to provide access to the beach should be defined in deeds and the Homeowner’s Association documents.  
Bill Wennerberg suggested that signage could be installed to limit the use of the beach access.  Mr. Wennerberg was not supportive of a reduction in the landscaping.  
Larry Rosenblum suggested that trees that will remain should be identified and building envelopes should be defined encouraging the retention of existing vegetation and preservation of the woodland quality of the property and the amenities of the neighbors.  
Mr. Garrett asked the applicant to consider the comments made.
Atty. Betters stated that technical changes to the plan will have to be done and resubmitted for the Board’s review.  He requested additional time to review the changes, address the Board’s comments and meet with staff.  
Paul McAlduff moved to continue the public hearing to March 30, 2009 at 7:30 p.m.; the vote was unanimous (5-0).

The Board took a five-minute recess.

Appointment     - B430-Clark Estates    
        Subdivision completion timeline
Atty. Robert Betters addressed the Board regarding Clark Estates.  He informed the Board that Mr. Webby recently asked him to assist and he has not been involved in the discussions regarding the completion of the subdivision and requested a continuance in order to meet with the developer and staff to review the issues and mediate a satisfactory conclusion for all parties.   
Marc Garrett expressed the Board’s appreciation for Atty. Betters assistance in addressing the frustration and concerns of the Board, staff, the developer and the neighborhood.  
Craig Wooster, President of the Clark Estates Homeowners Association, indicated that the neighborhood wants completion of this subdivision as soon as possible.  
Paul McAlduff moved to continue the discussion regarding the completion of B430 – Clark Estates to March 30, 2009 at 8:00 p.m.; the vote was unanimous (5-0).

CPC Presentation        
Town Meeting Articles
William Keohan, Chairman of the Community Preservation Committee (CPC), presented the following proposed articles for upcoming Town Meetings:
Article 16C – Restoration, preservation, and Historic Preservation Restriction of the Museum for the 1749 Spooner House, North Street ($67,500.00).
Article 16D – Acquisition of a multi-family residence at 9 Prince Street to be utilized and managed as affordable housing by the Plymouth Task Force for the Homeless.
Connie Melahoures noted that the proposed house would have a live-in manager that would oversee the eight rental units that will be occupied by working men that are currently homeless ($315,000.00).   
Article 13A, Special Town Meeting – Eliminate the remaining debt on the Center Hill Preserve acquisition.
Article 13C, Special Town Meeting – Fund a portion of the purchase price for the acquisition of 71 Acres off Billington Sea Road, between Billington Sea Pond and Lout Pond ($650,000). The balance of the purchase price will be funded through State and Federal grants.  
Article 13B, Special Town Meeting - Dean Rizzo, Plymouth Redevelopment Authority (PRA), presented the request for funding in the amount of $1,400,000.00 to be used for the acquisition and restoration of the 1820 Plymouth County Courthouse.  The Board of Selectmen would acquire the property and lease it to PRA who would form a consortium to do the necessary renovations, manage the site and oversee the planning of the Court House Campus.   
Malcolm MacGregor moved to recommend approval of Articles 16C, 16D, 13A, and 13C; the vote was unanimous (5-0).    
Malcolm MacGregor moved to recommend approval of Article 13B; the vote was (4-0-1) with Marc Garrett in abstention.   

Malcolm MacGregor moved to adjourn at 10:55 p.m.; the vote was unanimous (5-0).   

Respectfully Submitted,




Eileen M. Hawthorne                                             Approved:  March 23, 2009
Administrative Assistant