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
Recording Secretary: Eileen Hawthorne
Administrative Notes:
Minutes:
The Board approved the minutes of October 26, 2009 as presented.
The Board approved the minutes of November 2, 2009 as presented.
The Board recommended approval of BOA 3565 -Atlantic Boat Rental Inc., 210 South Meadow Rd, Map 97, Lot 5-3 – Special Permits in order to operate a boat storage and repair facility.
The Board recommended approval of BOA 3557 – Augustino Diodato, 7 Haskin Street, Map 27, Lot 55-90, Special Permit to re-construct and expand a single family dwelling subject to the following conditions:
The following are required:
- Haskin Street is to be improved to a width of 12 feet with bituminous concrete;
- Two (2) foot wide gravel berms are to be constructed on either side of the roadway;
- Associated drainage improvements are to be installed; and
- Review and approval of the proposed road and drainage improvements by the Town Engineer or Town’s consulting engineer with final approval by the Zoning Board of Appeals.
Prior to the issuance of a building permit, said improvements are to be installed under the supervision of a Registered Professional Engineer. The engineer must certify that the improvements noted above have been installed in accordance with the conditions noted herein and accepted installation practices.
Only one single-family home shall be constructed.
The Board recommended that the clerk sign the following A Form plan:
A4348 - Old Colony Council, Inc. Boy Scouts of America and ADM Agawam Development LLC – Map 117 Lots 2 and 4A, and Map 118, Lot 1 – Divide into lots A-3 (682.90 A); 4-37 (161.63 A); 2-1 ( 80.78 A); 1-1 (117.60 A), and 1-2 (175.29A)
Paul McAlduff moved for the Board to approve the Administrative Notes with a change to BOA #3557 that would require a twelve foot wide paved way with two (2) foot berms on either side (noted above); the vote was unanimous (5-0).
Public Hearing
B559 – Hummingbird Lane
Marc Garrett read the public hearing notice and opened the public hearing.
William Shaw, Associated Engineers Inc., presented the request for a Definitive Subdivision and a Special Permit for Adequate Facilities in order to create a two lot subdivision off Carver Road. An existing single family home on the site has been refurbished and one additional single family dwelling is proposed. A portion of land along Carver Road will be reserved for a future road layout by the Town. Existing vegetation along the eastern lot line will be retained and there are no major grade changes proposed. Larger trees will be preserved where possible and there will be minimal disturbance to the site. The proposed access way will be 110 ft. long with a turnaround for emergency vehicles to address the Fire Chief’s concerns and will be located to the east of the existing driveway. Mr. Shaw
presented photographs from various locations within the site.
Lee Hartmann noted that Carver Road is a major street that requires 200 ft. of frontage instead of 110 ft. The applicant is proposing to gift to the Town a right of way along Carver Road. There was a previous suggestion that a duplex could be constructed on the new lot, but the applicant has agreed to limit the construction to one single family dwelling. The applicant has addressed all the concerns submitted by Engineering.
Doug Brodeur spoke in opposition to the project.
Malcolm MacGregor moved to close the public hearing and approve the requested waivers and the Definitive Subdivision subject to the following conditions:
Said waivers are subject to the following CONDITIONS:
A total of two (2) dwellings (one additional dwelling) shall be allowed. The Applicant has agreed to waive his/her right to any further residential development of the premises that results in a more intense or dense use, regardless of any local, state or federal criteria to the contrary, pursuant to the provisions of Massachusetts General Laws, and this shall be noted on the plan, as well as incorporated into the Protective Covenants and Restrictions imposed by the applicant on the lots within the subdivision. Notwithstanding this provision, the Planning Board may endorse the relocation of any lot lines when consistent with the intent and purpose of this restriction.
The Applicant is proposing roads with waivers from the standards of the Subdivision Rules and Regulations, and should not expect that the roads will be accepted as public ways in the future in their current condition. This will be noted on the subdivision plans.
Said modification and approval is subject to the following CONDITIONS:
A line noting the date of Planning Board approval is to be added to the endorsement block.
Understory plantings/shrubs are to be added to the easterly side of the driveway to shield the abutting house. Said landscaping is to be shown on the definitive subdivision plan and approved by the Planning Board.
The Applicant has agreed to the endorsement of the plans and profiles within 120 days from the date of approval, or in the case of an appeal, endorsement of the plans and profiles within 120 days of the settlement of the appeal.
Adequate cover of the existing drainage pipe located under the proposed road is required. The depth to the existing drainage pipe must be approved by the Town Engineer. As an alternative, the applicant should consider tying into the existing drainage system.
A Street Opening Permit is required for all projects.
The Applicant has agreed to gift to the Town for highway purposes the fee ownership of a layout for Carver Road along the subject property’s frontage. This should include any rights to Carver Road the applicant may have.
Only one curb cut as shown on the definitive plans shall be allowed on Carver Road.
Conditional upon the payment of the back taxes, interest and fees owed to the Town for this property. Verification of payment is to be provided to the Planning Board prior to endorsement of the plans.
This Decision will be recorded with the plans at the Registry of Deeds, and a certified copy indicating such Registry recording must be provided to the Planning Board prior to issuance of a certificate of occupancy.
Conditional upon delivery of four (4) sets of full size copies of all endorsed drawings comprising the definitive plan with one complete set of reproducible plans (mylars) and one electronic copy of the plans in a format acceptable to the Town Engineer per the Rules and Regulations, prior to the first lot release and prior to issuance of a Building Permit for a residential subdivision.
Conditional upon the provisions of a performance guarantee in the form of a covenant duly executed and approved, to be noted on the plans and recorded with the Plymouth County Registry of Deeds. Said form of guarantee may be varied from time to time by the Applicant with mutual agreement on the content of said guarantee by the Applicant and Planning Board without amendment or modification of this approval.
Conditional upon completion of all ways and the installation of all municipal services in accordance with the applicable rules and regulations of the Board within two years from the date of endorsement.
The Applicant has agreed that it will guarantee to protect, repair, replace, and where necessary, and upon written acceptance by the Planning Board, redesign the works constructed and submit revised plans and profiles for the Planning Board's approval and for recording at the Plymouth County registry of Deeds so that said works actually carry out the purposes for which they were intended. Said repair, replacement, or redesign will be based upon experience in the field, which demonstrates the existing construction and/or design to have been improperly installed or wholly inadequate.
and a Special Permit for Adequate Facilities subject to the following conditions:
The Applicant has agreed to gift to the Town by easement or fee a layout for Carver Road along the subject property’s frontage.
Understory plantings/shrubs are to be added to the easterly side of the driveway to shield the abutting house. Said landscaping is to be shown on the definitive subdivision plan and approved by the Planning Board.
Only one curb cut as shown on the definitive plans shall be allowed on Carver Road.
This Decision will be recorded with the plans at the Registry of Deeds, and a certified copy indicating such Registry recording must be provided to the Planning Board prior to issuance of a certificate of occupancy.
The vote was unanimous (5-0).
Public Hearing
B487 – Ellis Estates Buffer
Marc Garrett read the public hearing notice and opened the public hearing.
Kathleen Cadell, President of the Ellis Estates Homeowner’s Association requested a reduction of the 40 ft. and 75 ft. buffer areas that were required as a condition of the subdivision approval. Ms. Cadell requested that the buffer areas be reduced to allow the residents to use more of their rear yards. Lots 18-2 and 18-3 have virtually no usable space in their back yards because the houses were built too close to the buffer areas.
Lee Hartmann noted that several Board members visited the site recently. It is difficult to enforce the condition and the use of the rear yards is limited.
Paul McAlduff, Malcolm MacGregor, Bill Wennerberg and Larry Rosenblum were supportive of the request to reduce the buffer area.
Marc Garrett stated that he would be supportive of a reduction of the buffer area for lot 18-3 and that he would support the residents being able to cut back or remove the bittersweet vines that are strangling the existing vegetation and trees.
The following residents of Ellis Estates were in favor of the proposed reduction to the buffer area: Peter Bartash, John Howard, Andrew Breish, and Nancy Sagonich.
The following spoke in opposition to the proposed reduction to the buffer area: Atty. Richard Serkey on behalf of Paul Ilacqua; Ken Foster; and Myrna Blethen.
Atty. Serkey suggested that the members of the Homeowner’s Association meet with him and his client to see if a compromise could be reached. Bill Wennerberg agreed to act as the Board’s representative at the meeting.
Paul McAlduff moved to continue the public hearing to December 14, 2009 at 7:10 p.m.; the vote was unanimous (5-0).
BOA 3564 – RL & L, LLC
366 Court St, Map 1, Lot 3-1
Atty. Robert Betters and Mark Flaherty presented a request for a special permit to waive the side setback requirements and variances of area, width, depth and frontage in order to create a non-buildable 9/11 Memorial lot. The unbuildable parcel would be presented to Town Meeting for approval to deed the Memorial to the Town. The newly created lots would be subject to several easements as noted on the plan: a sidewalk easement along Court Street, a sewer maintenance easement on the east side of the Memorial lot, and a pedestrian access easement on the west side of the Memorial lot.
Lee Hartmann stated that the granting of petition would create no physical changes on the ground and would protect the status of the existing house and produce business.
Richard Quintal stated that it was originally hoped that once constructed, the Memorial would be turned over to the Town. He stated that he would maintain the flags for as long as possible and that in the near future an actual piece of steel from the Twin Tower site may be added to the Memorial.
The Board thanked Mr. Quintal for working diligently to erect the Memorial and supported the proposed separation of the lot.
Paul McAlduff moved to recommend approval of the special permit and variances to the Zoning Board of Appeals subject to the following condition:
Lot 308 is unbuildable for dwelling or business purposes.
The vote was unanimous (5-0).
Appointment – Village Crossing
Phase 3 Modifications
George Yankowich, agent for Manomet Village Real Estate LLC, requested that the Board approve the road and drainage improvements and site work necessary to proceed with the clubhouse area of Phase 3 and to allow them to complete the field survey work relative to the completion of Phases 3, 4 and 5.
Lee Hartmann stated that staff is comfortable with the developer moving forward with Phase 3 or some portion of Phase 3 and returning at a later date with Phases 4 and 5.
Marc Garrett clarified that the developer is requesting action on the clubhouse area of Phase 3 and deferring action on the residential units until the field work is completed.
Paul McAlduff was supportive of moving forward with Phase 3 including the residential units and the clubhouse area.
Malcolm MacGregor was supportive of allowing the access road and clubhouse area to proceed, but expressed his concerns with the residential units having all the driveways on the street. Mr. MacGregor suggested allowing a portion of the residential units to get an idea of how they would work on the site.
Larry Rosenblum was concerned that the recreational component of the development did not comply with the intent of the development and the requirements of the Zoning Bylaw. Mr. Rosenblum was concerned that the driveways are wider than necessary and could be made smaller. He suggested increasing the vegetation on the site.
Mr. Hartmann stated that when the development was approved, waivers were granted which included increasing the density on the site and allowing the developer to contribute funds in lieu of open space.
Bill Wennerberg also felt that the project did not comply with the RD bylaw as there is no open space provided on site. Mr. Wennerberg was supportive of allowing the petitioner to move forward with the clubhouse area and the submission of the master plan of the site.
Mr. MacGregor suggested adding recreational amenities (park area, bocce or tennis courts, etc.) equal to the amount of square footage that the size of the clubhouse and the pool area was reduced by.
Mr. Garrett felt inclined to allow the recreational facility to proceed with the developer returning at a future meeting to present a plan for the full build out of the site and a landscaping plan.
Larry Melcher, 176 Old Field Road, was supportive of the developer’s plans to address the existing issues on the site and complete a better project than what was originally proposed.
Jack, Davis, 27 Beaver Dam Road, expressed his concerns with the drainage issues on the site that affect his property.
Mr. Hartmann stated the developer is making strides to correct the drainage issues on the site.
Elaine Richardson was supportive of allowing the dev eloper to move forward with Phase 3 without delay.
Malcolm MacGregor moved for the Board to allow the construction of the connector road, the recreational building and one of the duplex buildings.
Larry Rosenblum requested that Mr. MacGregor remove the construction of a duplex building from his motion.
Mr. MacGregor amended his motion to remove “the construction of a duplex unit”.
Bill Wennerberg asked the developer how long they needed to complete the master plan for the site.
Mr. Yankowich replied that they would need approximately 30-45 days to complete the master plan. He requested that the installation of the detention facilities be included in the motion. Mr. MacGregor amended his motion to include the installation of the detention facilities.
Mr, MacGregor suggested decreasing the massing of pavement and adding a planting island.
Lee Hartmann suggested that prior to the commencement of any work on the site; the developer should bring the contingency account up to date.
Marc Garrett suggested that cross sections be included in the future presentation.
Mr. Hartmann suggested that the review of Phase 3 be continued to January 11, 2009 at 7:10 p.m.
The vote was unanimous (5-0).
Other Business:
Lee Hartmann called the Board’s attention to the draft of a follow up letter to Ethan Warren who had a question on the lighting of the temporary MET tower at 44 Mountain Hill Road. The Board approved the letter for signature by the chairman.
A4350 - Indianhead Realty Inc – State Road, Map 61, Lots 6A-1 (25.05A) and 6A-3 (44.62A) – Divide a portion of lot 6A-1 to create lot 6A-6 (6.343A); remainder of lot 6A-1 combined with a portion of 6A-3 to create lot 6A-5 (21.13A) with remainder of lot 6A-3 to become lot 6A-4 (42.20A)
Malcolm MacGregor moved for the clerk to sign the plan; the vote was unanimous (5-0).
A4351 – GP Pines LLC and Pinehills LLC – Clam Pudding Pond, Map 78D, Lots A-164 (544,589 sf), A-166 (430,023 sf), A-187 (406,378 sf) and A-188 (166,323 sf) – Combine A-166, A-188 and portions of A-187 and A-164 to create A-218 (26.19A) with remainder of lots A-164 and A-187 to become A-217 (9.33A)
Malcolm MacGregor moved for the clerk to sign the plan; the vote was (4-0-1) with Bill Wennerberg in abstention.
B437 – Pinehills LLC
Endorsement of Saddleback plans
Paul McAlduff moved for the Board to endorse the plan for B437 – Pinehills LLC, Saddleback Neighborhood; the vote was (4-0-1) with Bill Wennerberg in abstention.
Paul McAlduff moved for the Board to adjourn at 9:15 p.m.; the vote was unanimous (5-0).
Respectfully Submitted,
Eileen M. Hawthorne Approved: December 7, 2009
Administrative Assistant
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