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Planning Board Minutes January 4, 2010
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

Marc Garrett announced that due to surgery Paul McAlduff will be unable to attend Planning Board meetings for the next few weeks.  

Administrative Notes:

Minutes:
The Board approved the minutes of December 14, 2009
Larry Rosenblum moved the following change to the vote on B487 – Ellis Estates in regards to the reduction to the buffer:
“maximum width of 20 feet” should read “minimum width of 20 feet”

The Board recommended approval of BOA 3571 – 3 Strikes Inc., 14 Apollo Eleven Road, Map 101, Lot 32B-5 – Special Permit for indoor recreational facility.  

Bill Wennerberg moved for the Board to approve the Administrative Notes with the above noted change to the minutes; the vote was unanimous (4-0).  

Public Hearing
        B561 – Brown VOSD – Billington Sea Rd
Marc Garrett read the public hearing notice and opened the public hearing.
Randy Parker, Land Management Systems Inc., presented the request for Special Permits for a Village Open Space Development (VOSD) and Adequate Facilities in order to create one lot with an existing single family dwelling, an additional residential lot and an open space lot on property owned by Antoinette and Phillip Brown located at 46 Billington Sea Road.  The lot is 1.61 acres.  Billington Sea Road averages 18 ft. wide, is publicly used and maintained and is located off Federal Furnace Road.  The structures would be limited to a total of seven bedrooms.  The proposed open space areas are to remain under protective covenant and will be bounded.  The owner would like the open space to be controlled by the individual lot owners.  A homeowner’s trust will be created to be responsible for any site improvements.  The existing cesspool will be upgraded to a Title 5 system and could also be upgraded to a system that would remove approximately 20 percent of the phosphorous.  No further subdivision of the site would be allowed.  The applicant is seeking a waiver of frontage requirements and a waiver of the traffic study.  
Lee Hartmann noted that the petition is a request for two special permits: Adequate Facility and VOSD.  The Board favorably reviewed the conceptual plan for this proposal on August 24, 2009.  
Malcolm MacGregor asked what type of ownership for the open space would be preferable.   
Mr. Hartmann replied that the preference for ownership of open space is that it be held in common ownership instead of individual ownership.  
Larry Rosenblum noted that approximately half the site is designated as priority habitat.  
Mr. Parker explained that no construction is proposed in the designated habitat areas except the septic upgrade which is exempt.  


Mr. Rosenblum asked if there was a possibility that more VOSD applications would be submitted in this area.  He suggested that a way to link open space if more VOSD’s are proposed in the area would be beneficial to the residents and would not create fragmented and disconnected open space.      
Mr. Hartmann stated that it is possible.  
Mr. Parker noted that the VOSD would achieve zoning density that is allowed without having to disrupt the area as much as a conventional subdivision with roads and no open space would.    
Malcolm MacGregor suggested that the Board could require a 10 ft. wide easement near the existing road on this property and all future VOSD properties that would link open space and provide a walking/hiking trail.  Mr. MacGregor was supportive of requiring the advanced septic system to keep the phosphorous from leaching into Billington Sea.   
Marc Garrett was also supportive of requiring the advanced septic system.  He also noted that it is his understanding that when a portion of a property is designated natural habitat, the proposal should be reviewed by Natural Heritage.  
There was no public comment.
Malcolm MacGregor moved to close the public hearing and approve the special permit for Adequate Facilities with the waivers for frontage and the traffic study; the vote was unanimous (5-0).  
Malcolm MacGregor moved for the Board to approve the special permit for Village Open Space Development subject to the following conditions:
The Petitioner has agreed to waive its 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, Chapters 40A and 41, and this shall be noted on the VOSD plan, as well as incorporated into the Protective Covenants and Restrictions and Deed Restrictions imposed by the Petitioner on the lots within the VOSD development.  Said Protective Covenants and Restrictions and Deed Restrictions shall include provisions for the open space as described in the conditions below.
A ten (10) foot wide public walkway easement is to be created and shown on the plan.  The easement shall be located parallel to Billington Sea Road and meander.
The total bedroom count shall be limited to seven (7) bedrooms four (4) bedrooms (existing) on Lot 3C-1 and three (3) bedrooms on Lot 31C-2.
Prior to the issuance of a building permit for a new dwelling the septic system serving the existing dwelling shall be up-graded to current Title V standards and shall include a pretreatment system for phosphorous.
The Petitioner agrees to attend a pre-construction meeting, and to stake the open space in the vicinity of construction to the satisfaction of the Planning Board, prior to the start of any earth work at the site.  Said stakes are to remain in place until such time as a Certificate of Occupancy is issued.
Only one curb cut as shown on the definitive plans shall be allowed on Billington Sea Road.
Prior to endorsement of the VOSD Plan verification of payment of the back taxes, interest and fees owed to the Town for the land shown on the plan, if any, is to be provided to the Planning Board.
The Plan shall be revised to detail the conditions of the approval, as needed, and notes specifying the conditions will be incorporated into the plan or the decision will be recorded at the Plymouth County Registry of Deeds with the plan.  Plan revisions shall include:
  • The location of the existing and proposed septic systems and wells for all units.
  • The total bedroom count shall be limited to seven (7) bedrooms four (4) bedrooms (existing) on Lot 3C-1 and three (3) bedrooms on Lot 31C-2.
The Plan shall include a detail for concrete bounds delineating the boundary of the open space at the limits of the new building.
Prior to issuance of a building permit for the new building lot:
  • Five (5) sets of full sized copies of all drawings comprising the VOSD Plan with one complete set of reproducible plans (mylars) will be delivered to the Planning Board and one (1) electronic copy of the plans shall be delivered in a format acceptable to the Town Engineer.
  • Evidence that Restrictive Covenants on the land, and this decision, have been recorded must be presented to the Planning Board.
  • Evidence that the concrete bounds delineating the boundary of the open space have been properly installed.
Only one (three bedroom) single-family home shall be constructed on the new building lot (Lot 31C-2), with accessory structures, and this shall be noted in the Protective Covenants and Restrictions and Deed Restrictions noted in Condition above.
The Petitioner agrees to create a condominium or homeowners trust as the form of ownership of the premises.  Said condominium or trust shall be in place prior to the issuance of Occupancy Permits.  
The Petitioner has agreed to provide a maintenance program for the open space and common drive areas to be maintained by the condominium owner’s trust, which shall be detailed in the condominium owner’s trust documents for this project.
The open space within the project is to be privately owned and maintained by the condominium association or homeowners trust in a manner consistent with conservation and passive recreational purposes as a separate lot, as noted in this decision.  The open space is serving as a wooded natural buffer to neighboring residences and shall remain primarily in its undisturbed natural condition.  The Protective Covenants and Restrictions and Deed Restrictions noted in Condition above shall include such restrictions.~ In the event that the condominium or trust should no longer be in existence, the disposition of the open space, consistent with the conservation and passive recreation, primarily in its undisturbed natural condition, uses as contained herein, shall be determined through a mutually agreeable alternative as approved by the Planning Board.~
The vote was unanimous (5-0).  

Public Hearing – Spring Town Meeting
        Highway Commercial Clarification
Marc Garrett read the public hearing notice and opened the public hearing.
Lee Hartmann presented language to clarify a vote that was taken at Fall Town Meeting in regards to amending Section 205-56 Highway Commercial.  The language that was presented in the packets at Town Meeting did not reflect the changes that were requested by the Board of Selectmen and subsequently approved by the Planning Board and Advisory and Finance Committee.  Atty. Richard Serkey has worked diligently with staff to insure that the current language reflects the intent of the Boards and Committees.  
There was no public comment.
Larry Rosenblum moved to close public hearing; the vote was unanimous (4-0).
Larry Rosenblum moved for the Board to recommend approval to Town Meeting of the following amendment to Section 205-56 – Highway Commercial:
* Underlined text added
Strikethrough text deleted
C.      Allowed uses. All uses authorized in this Subsection C which:
  • Do not require a vehicular curb cut on a Major Street, and
  • Have either:
  • Less than 10,000 square feet of ground floor area, or
  • A lot that:
  • existed prior to October 26, 2009, and
  • is five acres or less in area.
The following uses are allowed provided there is no vehicular curb cut access on a major street or provided uses occupy less than 10,000 square feet of ground floor area or the lot upon which the use will be located existed prior to October 26, 2009 and is five acres or less in area.:
(1)     All uses allowed in the Light Industrial District, § 205-51.
(2)     Retail establishments, including sales and display lots subject to restrictions under §§ 205-19 and 205-20, and also including establishments of goods for sale at retail.
(3)     Eating and drinking establishments.
(4)     Personal service establishments, including such uses as barber and beauty shops, shoe repair shops and similar services.
(5)     Professional and business services.
(6)     Financial institutions and establishments.
(7)     Commercial recreational uses, such as theaters, bowling alleys, swimming pools, gymnasiums, and the like, except for expansive outdoor uses.
(8)     Private clubs and lodges, except those with expansive open areas.
(9)     Parking lots and garages.
(10)    Clinics and laboratories.
(11)    Rental agencies, such as automobile, miscellaneous appliances and equipment, and clothing.
(12)    Motel and hotel.
D.      Special permit uses.
(1)     All allowed uses referenced in Subsection C above which require a curb cut on a Major Street or have 10,000 square feet or more of ground floor area or the lot upon which the use will be located is greater than five acres in area or All allowed uses authorized in Subsection C above which require a vehicular curb cut on a Major Street, or have both:
  • 10,000 square feet or more of ground floor area, and
  • A lot that is greater than five acres in area.
(2)     All uses allowed by special permit in the Light Industrial District, § 205-51.
(32)    Service and repair establishments.
(43)    Day nurseries associated with other uses allowed.
(54)    Drive-in establishments.
(65)    Convenience or one-stop type uses which cater to the needs of the motoring public or a community market, or commercial uses which require large amounts of land or which do not cater to a pedestrian market.
E.      Special permit uses subject to environmental design conditions.
(1)     All uses allowed subject to environmental design conditions in the Light Industrial District, § 205-51.
(2)     Planned shopping centers.
Automobile filling stations.
F.      Prohibited uses.
(1)     All uses prohibited in the Light Industrial District, § 205-51.
Dimensional requirements. A maximum height of five stories or 55 feet may be allowed by special permit within the Five-Story Overlay Zone, as denoted on the Zoning Map.
The vote was unanimous (4-0).

Public Hearing – Spring Town Meeting
        Flood Plain Maps
Marc Garrett read the public hearing notice and opened the public hearing.
Lee Hartmann presented a proposed amendment to Section 205-58 (C) of the Zoning Bylaw and Flood Maps to redefine the Town’s Floodplain District.  The flood districts and the maps have not changed, just the title.  FEMA has gone to a county wide format and renumbered the existing maps.   Majority of states are defined by county, not city/town.  
Malcolm MacGregor explained the renumbering: 025 is the state of Massachusetts and 023 is Plymouth County.   
There was no public comment.
Larry Rosenblum moved to close the public hearing and to recommend approval of the following amendment to the Zoning Bylaw and Flood Maps:
* Underlined text added
Strikethrough text deleted
Section 205-58(C)
The Floodplain District include all special flood hazard areas within the Town of Plymouth designated as Zone A, AE and VE, on the Plymouth County Flood Insurance Rate Maps (FIRM) issued by the Federal Emergency Management Agency (FEMA) for the administration of the National Flood Insurance Program.  The map panels of the Plymouth County FIRM that are wholly or partially within the Town of Plymouth are panel numbers 25023C0244C, 25023C0263C, 25023C0342C, 25023C0352C, 25023C0353C, 25023C0354C, 25023C0356C, 25023C0357C, 25023C0358C, 25023C0359C, 25023C0361C, 25023C0362C, 25023C0363C, 25023C0364C, 25023C0366C, 25023C0367C, 25023C0370C, 25023C0376C, 25023C0378C, 25023C0379C, 25023C0386C, 25023C0387C, 25023C0388C, 25023C0389C, 25023C0391C, 25023C0393C, 25023C0394C, 25023C0477C, 25023C0479C, 25023C0485C, 25023C0487C, 25023C0491C, 25023C0492C, 25023C0494C, 25023C0505C, 25023C0506C, 25023C0507C, 25023C0508C, 25023C0509C, 25023C0511C, 25023C0512C, 25023C0513C, and 25023C0516C dated   (panel date)  .  The exact boundaries of the District are defined by the 100-year base flood elevations shown on the FIRM and further defined by the flood profiles contained in the Plymouth County Flood Insurance Study (FIS) report dated   (FIS date).  These maps and the accompanying FIS are incorporated herein by reference and are on file with the Town Clerk.

To delineate the Floodplain District as all special areas designated A, AE, AH, AO, AR, A99, V, and VE on the National Flood Insurance Program Flood Insurance Rate Maps, Town of Plymouth, Massachusetts, Plymouth County, dated August 22, 2005, map numbers
25027880019E,     25027880038E,     25027880070E,     25027880077E, 25027880080E,25027880081E,     25027880082E,     25027880083E,     25027880084E,     25027880090E,  25027880095E,25027880103E,     25027880104E,     25027880111E,     25027880112E,     25027880115E, 25027880116E, 25027880118E,     25027880130E,     25027880135E,     25027880140E,     25027880145E,  25027880155E,25027880156E,     25027880157E,     25027880158E,     25027880165E, and 25027880166E,
Section 205-17(G)(4)(a)
Wetlands, as defined and regulated by § 205-39, shall be built upon only in compliance with regulations contained therein. Where low spots exist which do not fall within the definition of § 205-39 but which are subject to occasional flooding as defined on the Plymouth County Flood Insurance Rate Maps (FIRM) issued by the Federal Emergency Management Agency (FEMA) reference Section 205-58 Floodplain District by the one-hundred-year flood limits of the United States Army Corps of Engineers, where such data exists, no principal structure shall be built on any such portion of any lot unless the lowest floor elevation is a minimum of one foot above the elevation of said flood limits. Where such floodplain limits cannot be established, the Building Inspector shall determine the lowest buildable floor elevation, which shall not be less than five feet above the lowest point of the floodplain.
The vote was unanimous (4-0)

Bill Wennerberg moved to adjourn at 8:09 p.m.; the vote was unanimous (4-0).

Respectfully Submitted,




Eileen M. Hawthorne                                             Approved:  January 11, 2010