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
Staff Members: Lee Hartmann and Valerie Massard
Recording Secretary: Eileen Hawthorne
Administrative Notes:
Minutes:
April 13, 2009
Form A’s:
A4332 – Schneider & Mercer, Russell Mills Road, Map 82, Lots 45-8 (5.8A) & 45-9 (5.3A) – Lot line adjustment to create lots 45-10 (5.8A) and 45-11 (5.3A)
B437 – Pinehills Great Kame modified definitive subdivision plan dated 5/30/08, endorsed 8/29/08, vote of certification for recording.
Bill Wennerberg moved for the Board to approve the Administrative Notes with the exception of the Pinehills Great Kame plan; the vote was unanimous (5-0).
Paul McAlduff moved for the Board to approve the endorsement of B437 – Pinehills Great Kame modified definitive subdivision plan dated 5/30/08; the vote was (4-0-1) with Bill Wennerberg in abstention.
Paul McAlduff briefed the Board on his visits as a member of the Building Committee to two schools that are potential model schools under the MSBA pilot program. The Ashland school was built for 850 students, but can be modified to accommodate 1350 students. The second school was Whitman-Hanson High School which can also be modified to fit the needs of Plymouth. Mr. McAlduff felt that both schools were remarkable and either one would fit on the Plymouth North High School site. Presentations regarding the Designer Selection will be held on Thursday, May 7, 2009, in the Otto Fehlow Room at the Plymouth Public Library on South Street beginning at 6:30 p.m. Mr. McAlduff noted that a new Senior Center will also be incorporated into the project. Mr. McAlduff thanked Barry Haskell, Superintendent of
Schools, for all his hard work in moving this process forward.
Marc Garrett asked if there will be any joint sessions that the Boards will participate in.
Mr. McAlduff stated that the MSBA is working with the selection committee on the model school program. The committee consists of the Town Manager, Superintendent of Schools, the Plymouth North High School principal, the Finance Director, as well as the Building Committee members. By working with the MSBA and accepting the model school program, the Town will save $4,000,000 in design costs and the reimbursement percentage is up to 59.75 percent.
Marc Garrett announced that the Board will be meeting with the Cedarville Steering Committee on Monday, June 15, 2009 at 7:00 p.m. at the Cedarville Fire Station to review the update of the Cedarville master plan.
The Board took a short break.
Public Hearing: (cont. from 4/13)
B556 – Plymouth Rock Studios (PRS)
Lee Hartmann presented the draft vote for the approval of B556 – Plymouth Rock Studio Master Site Plan that includes 87 conditions. He felt confident that the language will protect the Town, is in compliance with the MOU and requires certain items to be completed prior to the issuance of permits. The noise analysis has not been received yet and will require peer review and approval. As conditions are complied with, PRS will make presentations to the Board.
Bill Wynne, PRS, thanked staff for all their help in what has been a long process to reach a place where PRS is seeking approval of their Master Site Plan. They will be finalizing their EIR shortly and will return for the Board’s approval of the Phase One plan at a future meeting. Mr. Wynne introduced Dr. Brian Howes from UMass, Dartmouth how is reviewing the Studios impact on nitrogen loading.
Larry Rosenblum questioned an item on the Selectmen’s agenda related to I Cubed funding.
Mr. Wynne stated that PRS is required to seek a Town Meeting vote on the I-cubed bond structure. He stated that PRS is making great progress on their financing and there is every indication that construction will begin this summer.
Dr. Brian Howes, Director of the Massachusetts Estuary Project (MEP) and the Director of the coastal systems program at UMass Dartmouth, stated that the Plymouth/Duxbury Harbor is part of the Estuary Project which will be determining the nitrogen Total Maximum Daily Load (TMDL) for the Harbor. The monitoring of the harbor has been completed. He has also reviewed the proposed nitrogen loading for PRS.
Malcolm MacGregor asked if there was any data available that could be submitted for peer review and asked if there was any criteria that should be met that could be added to the Board’s conditions for the Master Site Plan approval.
Dr. Howes replied that the MEP has not been completed yet, so the estuary interaction information is not yet available. PRS has done an analysis and that data will be added into the calculations. Dr. Howes stated that in general, by taking an active, fertilized golf course off line, it is estimated that the nitrogen recharge will decrease. The Studio intends to implement green technology on the site, build an updated sewer treatment facility, capture rainwater to be used for irrigation, and take other steps to reduce nitrogen impacts. The completion of the study could take a year or two and then the information will be presented to the State and the EPA. They will make the final determination on the TMDL after a public comment period.
Mr. Wynne stated that PRS delayed the submission of the EIR because they wanted the information regarding nitrogen loading to be included. PRS has committed to using state of the art technology to prevent any issues regarding nitrogen loading.
Larry Rosenblum suggested that the Board should review the document that contains the 48 conditions that was submitted in their packets. The other 39 conditions have already been reviewed by the Board.
Mr. Hartmann suggested that the Board review the document and that there would be a 40 day review period before the final language is completed.
The Board went through the document and suggested the following changes to the language:
- Page 14, language regarding the phasing and requirements for the infrastructure that needs to be in place will be revised;
- The Citizens Advisory Committee (CAC) should be up and running prior to the commencement of construction, the two residents designated by the Planning Board should be from the immediate neighborhoods, and the PRS representative will not be a voting member;
- A liaison to work with DPW and Studio to revise language regarding appropriate traffic calming measures on Long Pond Road will be appointed; and
- Include language to reflect the statements regarding the impacts of nitrogen loading - the nitrogen loading study must be completed and if nitrogen levels exceed current levels, mitigation will be required.
- Provisions will be included in the Master Site Plan approval that will allow for the Planning Board to make advisory recommendations to the Board of Selectmen during the construction process.
- The rural character of the Clark Road/Long Pond Road intersection will be maintained. (The Planning Board will have an opportunity to participate in the review of the improvements to the Clark Road/Long Pond Road intersections.)
Jim Concannon asked if the CAC will be a Town committee therefore subject to meeting rules and how and when will the appointments be made.
Mr. Hartmann explained that the goal of the committee is to be a liaison between the surrounding neighborhoods and the Studio. If there are any issues, the committee can bring them before the Planning Board.
Mr. Concannon asked if the road schedules, landscaping, etc. will be addressed in a public forum.
Mr. Garrett stated that any reviews by the Planning Board will be part of a public hearing process and they will also be reviewed by the Selectmen.
Betsy Hall was excited to read that the studio has committed to maintaining the rural character and the quality of life for the neighbors.
Paul McAlduff moved for the Board to approve the Plymouth Rock Studio Master Site Plan subject to the attached conditions with additional language included on the above-listed changes incorporated. The Board will review the amended conditions at the meeting on June 8, 2009.
The vote was unanimous (5-0).
The Board took a five minute break.
Viking Rezoning
Vote to Reconsider
Marc Garrett presented the request to reconsider the vote on the petition to rezone land on Map 89, Lots 13 and 48 based on additional language that has been provided to the Board in their packets. The Board would have to vote whether the revised MOU language constitutes enough of a change to reconsider.
Paul McAlduff moved for the Board to reconsider their vote on the petition to rezone land on Map 89, Lots 13 and 48; the vote was (3-2-0) with Larry Rosenblum and Malcolm MacGregor in opposition.
Larry Rosenblum felt that the project should be subject to a different process such as a modification of an existing special permit. The original special permit decision and plan showed lot 48 as an unbuildable open space buffer. If a modification of the original special permit is granted, the petitioner could then submit a petition to rezone the property. Mr. Rosenblum stated that he would not support the request at this time.
Malcolm MacGregor agreed with Mr. Rosenblum. He stated that an MOU for the off-site mitigations and a special permit for construction on the site would be preferable.
Paul McAlduff was supportive of the proposed rezoning with the amended MOU.
Bill Wennerberg was supportive of the site plan review process outlined on Page 5, III, A., 5 that included review by the Planning Board of landscaping, architecture, parking and other site elements as well as including a provision that the proponent will study and consider the use of sustainable design.
Atty. Angley stated that design guidelines have also been submitted with the MOU.
Mr. Garrett stated that he had been reviewing all options and felt that the special permit process would not gain anything more than a thorough site plan review process. He felt that the design standards would work. Mr. Garrett noted that the special permit granted back in 1999 noted no development of a 12 acre buffer zone – the plan shows the lot is 14.61 acres with a 150 ft. buffer consisting of approximately 5.6 acres. With this petition, 4.39 acres of land will be donated for the well, the enhanced buffers consist of 1.01 acres and 0.78 acres for a total of 6.18 plus the additional area where the 50 ft. buffer is shown on the plan. Mr. Garrett felt that the approximate seven acres of land being preserved would be adequate.
Mr. Rosenblum felt that the special permit made the intent clear that Lot 48 was non-buildable and a buffer from the commercial area to the abutting residential. He felt that the proponent should apply for the modification of the special permit before the rezoning.
Mr. Hartmann stated that the non buildable status could be because the lot has no frontage.
Paul McAlduff moved to recommend approval, subject to Town Counsel’s approval of the final MOU language and final approval of the MOU by the Planning Board, of the proposed zoning change with the modified MOU and design standards in place.
Atty. Angley stated that his client has agreed to a binding a site plan review.
Mr. McAlduff amended his motion to include site plan review. He restated the motion to recommend approval of the zoning change with a commitment to an MOU that includes language regarding a binding site plan review and the proposed design standards and is subject to a favorable review by Town Counsel; the vote was (3-2-0) with Larry Rosenblum and Malcolm MacGregor in opposition.
Other Business:
Malcolm MacGregor informed the Board that a new law is pending regarding renewable energy and if the Town develops zones to allow wind energy, FTC funds will become available.
Mr. Hartmann stated that a discussion on wind energy has been scheduled for the May 18th Planning Board meeting.
Paul McAlduff suggested inviting the Energy Committee to a future meeting.
Marc Garrett suggested that the Board craft a site plan review that is equivalent to or exceeds a special permit. The site plan review should also include design standards. He felt that the Board needed to be proactive rather than reactionary.
Paul McAlduff moved to adjourn at 10:12 p.m.; the vote was unanimous (5-0).
Respectfully Submitted,
Eileen M. Hawthorne Approved: May 18, 2009
Administrative Assistant
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