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
Administrative Notes:
Minutes:
July 13, 2009
Malcolm MacGregor moved to approve the minutes of July 13, 2009 as presented; the vote was (4-0-1) with Paul McAlduff in abstention.
Form A Plans:
A4338 – Augustino Diodato, 220 Carver Road, Map 106, Lot 17 – Divide into lots 17-1 (29,412 SF) and 17-2 (35,061 SF) with Parcel A (7,163 SF) to be deeded to Town
A4339 – Rebecca and William Marani, 49 Obery Street, Map 27, Lot 50 – Divide into lots 50-1 (20,036 SF) and 50-2 (47,823 SF)
Paul McAlduff moved for the clerk to sign Form A Plans A4338 and A4339; the vote was unanimous (5-0).
Appointment
Cedarville Steering Committee
Paul McAlduff moved for the Board to appoint Peter Dunlea to the Cedarville Steering Committee; the vote was unanimous (5-0).
Public Hearing (VM
B437 - Pinehills LLC – Ridgeview
Marc Garrett read the public hearing notice and opened the public hearing.
Bill Wennerberg recused himself from sitting on this public hearing.
John Judge presented a plan to create a three lot neighborhood called Ridgeview within the Pinehills Development. The site is located off Stonebridge Road, diagonally across from the former cable company building. The three lots would be located off a 150 ft. roadway with the driveways configured to allow for a turnaround for emergency vehicles. Two of the lots would overlook the golf course and one would face Stonebridge Road. The dwellings would be custom homes.
Mr. Judge updated the Board on the activity regarding the Affordable Housing Charitable Trust. The Trust has been created through the State process and is now in the 501C-3 process. A golf and tennis tournament with a silent auction and dinner will be held on August 10, 2009 to raise funds for the Trust and they are working on a significant fundraiser to be held in the spring of 2010. Pinehills has been working with the Habitat for Humanity who will be the recipient of the funds from the tournament.
Valerie Massard noted that the proposed lots exceed the area requirements and are consistent with the OSMUD.
Paul McAlduff asked about the status of lot S-172.
Mr. Judge replied that any lot that begins with an “S” is open space.
Larry Rosenblum asked about the status of lot A-179.
Mr. Judge stated that lot A-179 is known as Telegraph Hill and is a buildable area although there are not plans to develop the area at this time.
Dennis Duckett, Leon Katz, Robert Herbstzuber, Robert Alpern and Catherine Herbstzuber all spoke about their concerns with a vacant lot in their Hitching Post neighborhood. The lot was disturbed during construction of two abutting homes which has caused erosion issues and is an eyesore. The residents requested that the lot in their neighborhood be stabilized before any new subdivision is approved.
Mr. Judge was in full agreement with the neighbors comments and stated that Pinehills’ has been working with Whitman Homes to address the issue and is close to an agreement.
Larry Rosenblum suggested that in future agreements with developers Pinehills should add a provision that lots that are disturbed during construction have to be restored by the builder within a certain time frame.
Mr. Judge agreed with Mr. Rosenblum and noted that they are working to address this issue in future agreements.
Paul McAlduff moved for the Board to approve the Ridgeview subdivision and notify the Board within a month of the progress to resolve the issue with Whitman Homes.
John Judge requested that the Board suspend the vote on the Ridgeview subdivision to August 10, 2009 in order for the Pinehills to work with Whitman Homes to resolve the issues in the Hitching Post neighborhood.
Paul McAlduff withdrew his motion and moved to continue the Public Hearing to August 10, 2009 at 7:10 p.m.; the vote was unanimous (4-0).
Bill Wennerberg rejoined the Board.
Public Hearing
Street Name Approval – Casa Bella
Marc Garrett read the public hearing notice and opened the public hearing.
Ronald Ferioli, informed the Board that the original names chosen for the Casa Bella development were of concern to the Fire and Engineering departments, so the alternative names of Casa Bella Way and Gilly’s Crossing are being submitted for approval.
Lee Hartmann noted that the Fire Department and Engineering Department have approved the proposed road names.
Larry Rosenblum moved to for the Board to approve the road names of Casa Bella Way and Gilly’s Crossing; the vote was unanimous (5-0).
BOA 3539 – Jean A Sweeney (LH)
11 Brookside Ave, Map 25, Lot 10-1
Atty. Richard Serkey presented the request for a Special Permit to reduce the minimum lot area below 20,000 sq. ft. in order to create a 15, 030 sq. ft. lot. The lot was previously created under Special Permit No. 3419 which has lapsed. An ANR plan (A4266) to create the lot was approved by the Board on July 30, 2007 and has been recorded at the Registry of Deeds. The site is serviced by Town water and sewer and a single family dwelling will be built on the lot. There will be one curb cut on Brookside Ave and there are adequate sidewalks. A two family dwelling could be allowed “by-right”, but the petitioner is requesting a separate single family lot subject to the same conditions granted under Special Permit No. 3419.
Lee Hartmann noted that the previous Special Permit was unanimously supported by the Planning Board and approved by the Zoning Board of Appeals. The Engineering Department submitted a letter outlining their concerns with drainage and stormwater runoff after the staff report was completed. A condition could be added to the staff report that requires that Engineering’s concerns need to be addressed.
Larry Rosenblum asked what the significance of a minimum lot size is if a special permit can make it smaller.
Lee Hartmann replied that a two family structure could be built on the 36,000 sq. ft. lot and by creating two smaller lots by special permit, it allows for two single family homes instead of a duplex in a neighborhood of single family homes.
The Board expressed their concerns with the massing of the proposed structure on the new lot.
Larry Rosenblum moved to for the Board to recommend approval to the Zoning Board of Appeals subject to the addition of a condition that would limit the lot coverage; the vote was (2-3) with Larry Rosenblum and Malcolm MacGregor in favor. The motion did not pass.
The Board continued to discuss their concerns with the massing of large structures on small lots.
Paul McAlduff moved to recommend approval to the Zoning Board of Appeals as outlined in the previous recommendation for Case No. 3419.
Mr. Rosenblum requested language be added to the recommendation that outlined the Board’s concerns that the dwelling depicted on the plan is too large for this site and the neighborhood. The lot coverage and massing of the dwelling as well as possible future secondary structures may overburden this site. The massing of structures on this site should be consistent with the character of the surrounding neighborhood.
Paul McAlduff amended his motion to include the Engineering Department’s advisory report and to include under “Findings” the language proposed by Mr. Rosenblum subject to the following conditions:
A curb cut permit will be required prior to the issuance of a Building Permit.
During construction of the dwelling on Lot 10-1 the Petitioner shall be responsible for clearing of any gravel and stones that accumulate on the roadway on an as needed basis but not less than once per week.
The vote was unanimous (5-0).
Conceptual RDD (VM)
Off Old Sandwich Road
Atty. Robert Betters presented a conceptual plan for a four lot RDD (3 building lots and 1 open space lot) on Map 52, lot 32-2 which is approximately 5.3 acres. There are two existing single family structures, an existing duplex, and several outbuildings including shed a single room cottage structure and a barn. Through an 81L plan, the proponent could re-construct pre-existing non-conforming structures in their present footprints. The RDD plan would create three residential lots (30,000 sq. ft. each) and one open space lot of 3.21 acres which would be held by a homeowner’s association. A waiver of open space would be requested as the open space requirement under the proposed scenario would be a minimum of 4.13 acres.
Valerie Massard noted that the site is north of Savery Pond on Old Sandwich Road and is not in an endangered species habitat. An ANR plan (No. 4311) was endorsed by the Board in October of 2008 that separated the structures on individual lots with a note that “no determination of compliance with zoning requirements has been made or intended”. Ms. Massard suggested that green space could be added between the proposed dwellings to increase the open space within the building lots.
Larry Rosenblum asked for a clarification on the density of the conceptual plan.
Atty. Betters explained that the existing structures predate zoning and an argument could be made that there are five units based on the existing configuration and previous uses, but staff and the Building Commissioner agreed that based on the recent use of the site, three units would be appropriate.
Marc Garrett noted that he was present during some of the discussions regarding density and was comfortable with the proposed three units.
Paul McAlduff suggested creating one curb cut off Old Sandwich Road to provide access to the three units.
Malcolm MacGregor suggested adding an open space easement across the rear of the residential lots to increase the open space.
Atty. Betters stated that open space could be created within the residential lots if the siting of the septic system and dwellings allowed.
The Board felt that the conceptual plan was going in the right direction and looks forward to further review of the project.
BOA 3540 – AD Makepeace Company (VM)
East Head Tihonet and Frog Foot Pond Roads, Map 126, Lots 7 & 10
Atty. Richard Serkey presented the request for a special permit in order to erect two temporary Meteorological (MET) towers and associated utilities on property owned by AD Makepeace. The location of the proposed towers is near the Plymouth/Wareham/Carver town lines. The 197 ft. met towers will collect data on temperature, wind speed, and wind direction and will be erected for a period of not more than 18 months. The data collected will be provided to the Plymouth Airport Commission and the Town’s Energy Committee within 6 months of the removal of the MET towers. A subsequent special permit will be required if the construction of wind turbines proves feasible. Abutters and town officials in Carver and Wareham have been notified of the Zoning Board of Appeals public hearing.
Valerie Massard noted that the MET towers would be located in the southwest corner of Plymouth and would be identical to the existing MET tower installed by AD Makepeace north of the Agawam River. There are no natural heritage issues and staff is supportive.
Larry Rosenblum felt that the report should not reference the existing Wind Energy Facilities Bylaw. Instead it should reflect the bylaw that is in effect at the time of construction.
Lee Hartmann suggested eliminating No. 10 under the Findings in the staff report to address Mr. Rosenblum’s concerns.
Paul McAlduff moved for the Board to recommend approval to the Zoning Board of Appeals with the removal of No. 10 from the Findings in the staff report and subject to the following conditions:
The tower shall not be installed until:
- Appropriate written evidence satisfactory to the Building Inspector has been provided by the Petitioner that all appropriate permits have been received (or are not required) for the following: Federal Aviation Administration “no hazard” determination.
- A recommendation from the Plymouth Airport Commission is provided to the Board of Appeals, and
- The recommendations of the Plymouth Airport Commission shall have been determined to be met to the satisfaction of the Board of Appeals.
The proposed tower shall be dismantled within eighteen (18) months from the date of erection.
The tower shall be lit with only low intensity red lighting and should be used during nighttime hours, consistent with FAA guidelines and the Bylaw, whether or not the FAA requires lighting, based on recommendations of the Plymouth Airport Commission under BOA 3506 unless otherwise recommended by the Plymouth Airport Commission.
The data, raw and otherwise, collected from the installation of the MET tower subject to this special permit shall be provided to the Town of Plymouth Planning Department and the Town of Plymouth Energy Committee within six (6) months of the removal of the MET tower.
The vote was unanimous (5-0).
Preliminary Subdivision Plan (VM)
B543 – River Run
Larry Rosenblum recused himself from this presentation and joined the audience.
Atty. John Twohig began the presentation of the preliminary plan for the connector road (River Run Way) that will connect the re-aligned Bourne Road to Wareham Road within the A.D. Makepeace River Run Traditional Rural Village Development (TRVD). The proposed roadway is consistent with the TRVD bylaw. As part of the submission, drainage plans and other site details have been included. The issues in the letters of comment received from the Fire Department and DPW during the review process of the preliminary plan have been addressed. It is anticipated that the TRVD plans would be filed within the next 30 days.
Curtis Quitzau, VHB, reviewed the 2,890 ft. roadway with 6 ft sidewalk meandering through the woods. Utilities (water, gas, electric, and phone) will be run underground. Mr. Quitzau noted that the landscape and lighting plans and showing stone walls and signage will depict natural landscaping.
Malcolm MacGregor asked what the steepest slope would be on the road.
Mr. Quitzau explained that the steepest slope would be less than 8 percent.
Paul McAlduff felt that Engineering’s request to rename the road would be confusing; that widening the sidewalks to 10 ft. to accommodate a bicycle path would be excessive; and that any bicycle path should be separate from the sidewalk.
Valerie Massard noted that the plans are consistent with the TRVD Subdivision Rules and Regulations; the center line of the road has been staked for some time, and the realignment of the Bourne Road intersection has begun. The realignment and landscaped berm will buffer headlights accessing Bourne Road from the River Run development. The landscaping has not been peer reviewed at this time; the retaining walls are 5 to 10 ft. and will have the Makepeace logo displayed for identification purposes. Ms. Massard recommended that the Board find the preliminary plans complete and accurate.
Steve Lydon commended AD Makepeace for keeping the construction area near Bourne Road safe.
Malcolm MacGregor moved for the Board to accept the preliminary plan as complete and accurate; the vote was unanimous (4-0).
Larry Rosenblum rejoined the Board.
Mr. Rosenblum requested that an update on the traffic study for Long Pond Road/Exit 5.
Paul McAlduff updated the Board on the status of the Cedarville Community Room. The room will be used as a launching site for Emergency Preparedness. A request for a flashing light for State Road at the entrance to the fire station has been submitted and is being reviewed by Engineering.
Mr. McAlduff updated the Board on the new High School. The design will be similar to the new Whitman/Hanson High School, but will be more energy efficient. The building will be three stories and will need a special permit to exceed the town’s height limit. The playing fields will be unavailable during the construction phase and there will be a realignment of the football field. The Building Committee continues to work on the design for the Senior Center which will be incorporated into the school site.
Malcolm MacGregor moved to adjourn at 9:15 pm; the vote was unanimous (5-0).
Respectfully Submitted,
Eileen M. Hawthorne Approved: August 10, 2009
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