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:
B437 – Pinehills LLC – Release of Covenant
Malcolm MacGregor moved for the Board to sign the release of covenant for B437 – Pinehills LLC for Lots 16-624, 16-662, 16-663, 16-664, 16-665, 16-666, 16-667 and 16-668; the vote was (4-0-1) with Bill Wennerberg in abstention.
B559 – Hummingbird Lane – Endorsement of Plan and Covenants
Malcolm MacGregor moved for the Board to sign the covenant for B559 – Hummingbird Lane; the vote was unanimous (5-0).
A Form Plans:
A4352 – PA Landers Inc. and JZM Realty Trust, Industrial Park Road, Map 103, Lots 14K-161 (0.92A) and 14K-162 (1.49 A) – Lot Line Adjustment to create lots 14K-165 (0.85 A) and 14K-166 (1.46 A)
Malcolm MacGregor moved for the clerk to sign the plan; the vote was unanimous (5-0).
Lee Hartmann presented a request for a release from covenant for lots 8K, 8L, and 8M in the completed B310 - Brentwood subdivision. The subdivision was completed many years ago and all other lots have been released.
Paul McAlduff moved for the Board to release the above-mentioned lots in the B310 – Brentwood subdivision; the vote was unanimous (5-0).
Public Hearing (cont. from 11/16)
Ellis Estates Buffers
Marc Garrett reopened the public hearing.
Lee Hartmann stated that at the previous public hearing, a continuance was requested by Atty. Richard Serkey in order for the residents to meet with his client, the abutter, to determine whether a resolution to the buffer issue could be reached. The meeting took place and the parties were unable to reach a resolution.
Kathleen Cadell, President of the Ellis Estates Homeowner’s Association, read a statement to the Board in which she outlined the association’s request to reduce the buffer areas and why the group felt the abutters offer toward resolution was unacceptable.
John Howard stated that the neighborhood is in an R25 zone and there are no other neighborhoods in that zone that have had buffer areas imposed on their property and that having the buffers, reduces the value of their properties. He also noted that they are paying taxes on land that can’t be used. Mr. Howard requested that the Board remove the buffers in their entirety.
Peter Bedard, Delancey Drive spoke in opposition to the reduction in buffers. He noted that during the public hearings for the subdivision, the buffers were imposed to control runoff onto his property. Mr. Bedard stated that he and other neighbors on Delancey Drive experience flooding in their yards and basements due to the runoff from this subdivision.
Peter Bartash, the abutter to Mr. Bedard, stated that a berm was installed to help control runoff from his property to his neighbor’s yard.
Malcolm MacGregor suggested that DPW check the drainage to make sure all the basins are working and the effect the berm is having on the abutting properties.
Larry Rosenblum felt that it was important to note that the residents bought into a neighborhood with buffers and the berms and buffers minimize the impact of the development on neighbors. He hoped there would be some level of mitigation that would work could have been reached during the meeting and was concerned with the legal implications of providing relief.
Mr. Hartmann noted that the buffers were not a requirement of the Zoning Bylaw, or the Subdivision Rules and Regulations. They were added to the plan as part of the public hearing process and could be removed by a vote of the Board and the submission of an ANR plan.
Paul McAlduff stated that a number of mistakes were made along the way by the developer, such as a house and deck constructed in the wrong locations. He was very sympathetic to the residents and was in favor of reducing the buffers.
Paul McAlduff moved to reduce the buffers to 20 ft. on all lots in the subdivision with a shed exclusion for lot 18-2.
Malcolm MacGregor requested that the water runoff issue be addressed.
Bill Wennerberg was supportive of reducing the buffers with the request that additional plantings such as native evergreens such as eastern white pine are installed. Mr. Wennerberg suggested that 4-5 trees be planted in each buffer zone and two trees should be planted behind the shed on lot 18-2. Mr. Wennerberg agreed to work with Mr. Hartmann on a management plan for the buffers.
Paul McAlduff amended his motion to include Mr. MacGregor and Mr. Wennerberg’s requests.
Marc Garrett stated that he was not in support of the motion to reduce all the buffers. Mr. Garrett was supportive of providing relief for lots 18-2 and 18-3 by reducing the buffer to 35 feet. He was also supportive of removing the invasive plants within the buffer areas that are destroying the existing trees.
The Board voted (4-1) with Marc Garrett in opposition as follows:
Mr. McAlduff moved to reduce the buffers shown on the Definitive Subdivision entitled “Ellis Estates” in Plymouth, Massachusetts,” dated January 24, 2003, revised May 28, 2003, prepared by Webby Engineering Associates, Inc., to a minimum width of 20 feet and to allow a “shed” exclusion area on Lot 18-2 subject to the following conditions:
- Establishment of a buffer management plan for each lot;
- Review of potential water run-off/drainage issues impacting Delancey Drive; and
- Establishment in the field of amended buffer lines for each lot.
Public Hearing
B560 – Hillside Estates (off Shallow Pond Lane)
Marc Garrett read the public hearing notice and opened the public hearing.
Brad Bertolo, JC Engineering, presented a request for a definitive subdivision and a special permit for a Village Density Development with inclusionary housing. Eleven residential lots are proposed for the ten acre site located off Shallow Pond Lane. The dwellings will be similar in size to those in the existing Shallow Pond development. The applicant has agreed to pave a portion of the roadway at the entrance to the Shallow Pond development. An MOU has been drafted with Community Development office for the one affordable housing unit. The project density is 1 unit per 36,000 sq. ft. and is subject to an adequate facilities special permit. The proposed access is through a 40 ft. wide, 1000 ft. long road layout ending in a 24 ft. wide cul-de-sac and a 12 ft. wide gravel road for emergency access. Hydrant flow tests were completed and indicate that water pressure is at an acceptable level. There is an existing water main stub at the proposed entrance that will be extended
into the new subdivision. Individual septic systems will be installed. The following waivers are being requested: reduction of road width to a 20 ft roadway with cape cod berms; submission of the traffic study; reduction of the frontage requirements for lots 15-9 and 15-10; dead end requirements; installation of Cape Cod berm for sidewalks instead of granite curbing; elimination of permanent address markers with the exception of lots 15-9 and 15-10; elimination of individual street lights and installation of fire alarm boxes. Mr. Bertolo asked the Board to consider elimination of the emergency access. Beals and Thomas and the Town’s engineers have reviewed the project and submitted their recommendations to improve the drainage and roadway which the applicant has agreed to incorporate into the final plan. The Fire Department has also reviewed the plan and recommended that the roadway be 26 ft. wide, the emergency access should be gated, and the
two fire hydrants should be relocated.
Paul McAlduff asked whether the existing foot path through the site to Shallow Pond will be kept open.
Mr. Bertolo replied that lots 15-9 and 15-10 will have an 20 ft. wide access easement to the Town property to south of the development and there will be a 20 ft. wide emergency access to the west from the cul-de-sac to the west of the site. Mr. Bertolo stated that he is not aware of any to the existing foot path to the pond.
Larry Rosenblum asked when the access from Shallow Pond Lane to the site was created and about the status of the deed restriction on the site that limited development to two lots.
Mr. Bertolo stated that the access off Shallow Pond Lane and a water main stub were designed as part of the Shallow Pond Estates subdivision. The deed restriction that only allowed a two lot subdivision on the site has been lifted.
Malcolm MacGregor asked if there was any work necessary on Shallow Pond Lane and whether the water main stub will provide adequate water pressure for the site.
Mr. Bertolo stated that the only work on Shallow Pond Lane will involve tying into the existing water main stub. There is adequate water pressure for the development.
Bill Wennerberg asked why the applicant is requesting elimination of the emergency access in light of the Fire Department’s requirements.
Mr. Bertolo stated that the request is to leave the emergency access vegetated as there is a steep slope and drainage and maintenance could be an issue. The applicant is providing two fire hydrants within the site.
Lee Hartmann noted that condition #9 of the draft subdivision approval addresses concerns regarding work/improvements that may be necessary on the Shallow Pond Estates roads. The applicant is proposing to repave to Town standards the first 400 ft. of Kathleen Drive. The biggest issue is the emergency access. The concern is the maintenance, grade and accessibility of the emergency access. The plans show a vegetated buffer of 15’ to 25’ around the perimeter of the site that may be difficult to enforce. The Board needs to consider the waivers to allow one sidewalk and whether the sidewalk(s) should be bituminous or poured concrete. Mr. Hartmann suggested that the Board consider stone materials for the construction of the 550 ft. long, 4 ft. high retaining wall. He also suggested that
the landscaping should be increased and the final landscape plan should be submitted to the Board prior to endorsement of the subdivision plans.
Mr. Wennerberg was supportive of a smaller road and one sidewalk, but wanted to insure that the Fire Departments concerns were addressed.
Tim Grandy was not supportive of waiving the emergency access. He suggested that grass and pavers be used instead of gravel for the construction of the emergency access. He asked if there would be street lights or individual lampposts for each driveway.
Mr. Hartmann stated that there would be photo-sensitive lampposts for each driveway.
Larry Rosenblum expressed his concerns with the density of the project. Mr. Rosenblum encouraged the developer to consider shortening the length of the cul-de-sac and installing residential sprinkler systems.
Scott Hokanson, an abutter suggested that additional landscaping would be preferred to the proposed 20 ft. no cut buffer and that pedestrian access to Shallow Pond would still be available to the residents of Shallow Pond Estates.
Mr. Rosenblum suggested that building envelopes be defined to save existing trees.
Neil Price, representing Indian Brook Cranberry Bogs, expressed concerns regarding water quality and stormwater runoff issues. Mr. Price encouraged the applicant to implement low impact development techniques, consider a cluster development to minimize the environmental impact, and revise the drainage and septic designs. Mr. Price also suggested that the access through the Town land to Indian Brook Road should be barricaded against vehicular access.
Mr. MacGregor agreed that building envelopes should be shown on the plans and suggested that all trees above a certain caliper that need to be removed for building, septic and driveway construction should be reviewed by the Planning Board. He also requested that the slopes to the pond have some substantial trees that should be marked and preserved.
Mr. Hartmann suggested that building and yard envelopes should be presented prior to the issuance of a building permit. He also suggested that on lots 15-1 through 15-4 the vegetation to remain and any additional vegetation necessary to provide adequate privacy for the abutters should be defined.
Mr. Bertolo stated that there is a buffer zone along the wetlands.
Mr. Rosenblum expressed his concerns with the density of the development and the length of the roadway.
Paul McAlduff felt that the emergency access is necessary and that grass and pavers would work well. He suggested moving the road out of the 100 ft. wetland buffer and eliminating one lot.
Mr. Bertolo stated that the Conservation Commission has reviewed and approved the plan and that no access to Shallow Pond is proposed.
Marc Garrett stated that he was concerned with the grading and disruption that the construction of the emergency access would have on the side slopes and water quality for Shallow Pond. He also noted that lots 15-4 and 15-5 will also have slope issues. Mr. Garrett requested that the landscaping plan should be presented at the next meeting.
Mr. Hartmann suggested that the public hearing be continued to allow the applicant to address the Board’s concerns.
Paul McAlduff moved to continue the public hearing to January 11, 2010 at 7:20 p.m.; the vote was unanimous (5-0).
Public Hearing
B543 – AD Makepeace - River Run
Marc Garrett read the public hearing notice and opened the public hearing.
Larry Rosenblum recused himself from this public hearing and joined the audience.
Atty. John Twohig, Goulston and Storrs, presented the definitive subdivision plan for the roadway for B543 – River Run. The proposed roadway is consistent with the TRVD and has gone through the MEPA process. Natural Heritage will be issuing their final letter shortly and a copy will be filed with the Board. The comments and issues expressed by the Town’s engineer and peer review engineer have been addressed.
Curtis Quitzau, VHB Inc., noted that the current plan has not changed since the preliminary plan was submitted. The 2900 ft. roadway will connect the Bourne Road connector to Wareham Road. There is one sidewalk on the north side meandering through the trees where possible. The proposed utilities are in support of the master plan for the River Run development.
Lee Hartmann stated that all the engineer and staff concerns have been addressed and recommended approval of the modification of the subdivision.
Malcolm MacGregor asked if a pedestrian/hiking trail could be added to connect the Agawam River and watershed to the east with the Bloody Pond and Center Hill Preserve areas.
Atty. Twohig stated they could relook at the trail plan.
Mr. Hartmann suggested that a condition to define a hiking trail could be added to the subdivision approval.
Paul McAlduff moved to modify and approve the subdivision subject to the following conditions:
INSERT FINAL CONDITIONS
The vote was unanimous (4-0).
Mr. Rosenblum rejoined the Board.
Public Hearing (cont. from 12/7)
Spring Town Meeting – Amend Highway Commercial
Marc Garrett reopened the public hearing.
Bill Wennerberg suggested that the discussion should include a proposal to make new and used automobile dealerships and allowed use in the Highway Commercial (HC) zone.
Paul McAlduff stated that the current amendment is to clarify a vote taken by Town Meeting to prohibit new and used automobile dealerships. To change the vote taken in 2000 would take a separate zoning article and further Town Meeting action.
Larry Rosenblum noted that there are four potential automobile dealership lots in North Plymouth.
Mr. Wennerberg thought the discussion should still take place.
Mr. Rosenblum agreed that it is a discussion that should take place, but separately from this article.
Mr. Garrett stated that there are two separate and distinct issues. The article that is pending is based on written documents from action taken at a previous Town Meeting and will reaffirm the vote taken in October 2000. The discussion on a further amendment should be considered at another time.
Malcolm MacGregor agreed that the Planning Board would be reaffirming a vote that the Planning Board took and their recommendation to October 2000 Town Meeting.
Pat Adelmann spoke in favor of the Board reaffirming the October 2000 Town Meeting vote.
Atty. Edward Angley, Jeff Berger, Loring Tripp and David Gilvar spoke in opposition.
Kevin Doyle stated that the public is supportive of an automobile dealership in this location.
Marc Garrett read a letter from Peter Conner, Chairman of the Zoning Board of Appeals, a member of Town Meeting and a citizen into the record. The letter outlined his concerns with the proposed article to reaffirm the vote of the October 2000 Town Meeting.
Malcolm MacGregor moved to for the Board to recommend to Town Meeting that language be included in the Zoning Bylaw, Section 205-56, Highway Commercial and Table 5 that reaffirms the October 2000 Town Meeting vote to prohibit new and used automobile dealerships by including the following language under Prohibited Uses:
New and used automobile sales
The vote was (4-1-0) with Bill Wennerberg in opposition.
Malcolm MacGregor moved to adjourn at 9:55 p.m.; the vote was unanimous (5-0).
Respectfully Submitted,
Eileen M. Hawthorne Approved: January 4, 2010
Administrative Assistant
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