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Planning Board Minutes February 1, 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 (via phone), Larry Rosenblum, and Bill Wennerberg
Planning Board Alternate: Timothy Grandy
Staff Members: Lee Hartmann
Recording Secretary: Eileen Hawthorne

Administrative Notes:

Minutes:
January 25, 2010
Malcolm MacGregor moved to approve the minutes of January 25, 2010 as presented; the vote was (3-0-2) with Larry Rosenblum and Paul McAlduff in abstention.

A Form Plans:
A4355 – Sunna LLC, 9 Long Pond Road, Map 89, Lot 32A (2.89A) – Lot line definition
Bill Wennerberg moved for the clerk to sign ANR plan A4335; the vote was (1-4) with Mr. Wennerberg in favor.  The motion did not pass.  
The Board took no action on ANR plan  A4335.

Public Hearing
        B563 – Rosemont/Howard
        VOSD and Adequate Facilities
Marc Garrett read the public hearing notice and opened the public hearing.  
Participants:  Mr. Grandy, Mr. Wennerberg, Mr. Rosenblum, Mr. Garrett and Mr. MacGregor.
Randy Parker, Land Management Systems Inc., presented the request for special permits for a Village Open Space Development and Adequate Facilities in order to create three additional residential lots with open space.  There are two existing single family dwellings on the 4.14 acre site.   The proponent has met with the Manomet Point Association and many neighbors who are supportive of the proposal.  The proponent has agreed to convey a 30 ft. vegetated no disturb buffer to the owner of lot P-3 and a 20 ft. vegetated no disturbed buffer to the owner of lot 41.  Mr. Parker presented several photographs of the area depicting the existing structures and paved roadways as well as the open space areas.  Fencing has been proposed along a portion of the open space.  The open space will be held under a homeowner’s trust and will be subject to protective covenants.  Arnold Ave will be used for access to the buildable lots with no access off Osprey Lane.  A Notice of Intent has been filed with the Conservation Commission to address the cutting that has occurred within the 100 ft. buffer of the wetland area on the proposed open space lot and the re-vegetation of the area.  All runoff will be contained on site; drainage will consist of drywells, berms and rain gardens; and utilities will consist of town water and individual septic systems.  A waiver of the traffic study has been requested.  
Lee Hartmann noted that substantial vegetation has been removed on the proposed building sites and within the bog lot.  Debris was also found in the proposed open space lot.  Mr. Hartmann suggested a condition could be added to the vote that would define the conveyance of the buffer strips and require an open space improvement plan for the removal of the debris and invasive plants and a separate plan for future maintenance plan to be submitted.  
Marc Garrett requested that both the improvement plan and maintenance plans should be written documents.  Mr. Garrett suggested posting signage at 30 to 50 ft. intervals instead of fencing along the open space.  
Thomas Churchill, an abutter, expressed his preference for fencing as signage would not deter bulldozers and dirt bikes from accessing the open space and people from dumping within the open space.  
Public Comment:
James Gadbois, Monica Mullen, and Frank Collins spoke in support of the project.   
Maurice Campo, Gail Center, Carol Thornton expressed their concerns with potential runoff and access to Osprey Lane and increased traffic in the area.    
Lance Arnold asked if the open space will have public access.  
Mr. Parker replied that the open space is to be privately held by the five owners within the proposed development.   
Malcolm MacGregor suggested that a 10 ft. no build buffer along Osprey Lane would prohibit access.  
Malcolm MacGregor moved to close the public hearing; the vote was unanimous (5-0)
Malcolm MacGregor moved to approve the Village Open Space Density Special Permit and the   Adequate Facilities Special Permit 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.
Prior to issuance of building permits, for the new building lots the applicant has agreed to submit an open space management plan to the Planning Board for approval.  Said plan shall include mitigation measures, detail a long-term maintenance program, general clean-up provisions, invasive vegetation removal and management provisions, erosion control measures and restoration measures.
Prior to issuance of building permits for each Lot a site plan shall be submitted to the Planning Board for review and approval.  The site plan shall include the location of the dwelling, driveway and landscaping.  Special consideration is to be given to minimizing run-off from these lots onto Osprey Lane.
The 30 foot “Naturally Vegetated Buffer” strip shown on the plan is to be conveyed to the Owners of Lot P-3, and a 20’ wide strip parallel northerly to Bancroft’s Landing and easterly of Manomet Point Road to Cape Cod Bay is to be conveyed to the owners of Lot 41.
No curb cuts are allowed on Osprey Lane.  A 10 foot no access buffer is to be delineated on the plan and included into the deeds for Lots A-C-2, A-C-3 and A-C-4 along Osprey Lane.
A post and rail fence is to be installed along the east side of the open space lot and northerly along Bancroft’s Landing for a distance of approximately 100 feet.  Final fence location is to be shown on the streetscape plan referenced at item 7 following.
A streetscape restoration landscape plan is to be submitted to the Planning Board for review and approval.
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 Plan shall include a detail for concrete bounds delineating the boundary of the open space at the limits of the new building.
  • Lot 19A is being subdivided and new lot numbers must be issued by the Town Engineering Office.
Prior to issuance of a building permit for the new building lots:
  • 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.
The Petitioner agrees to create a homeowners’ trust as the form of ownership of the premises.  Said 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 areas to be maintained by the homeowners’ trust, which shall be detailed in the trust documents for this project.
The open space within the project is to be privately owned and maintained by the 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 the Condition above shall include such restrictions.~ In the event that the 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
        B564 – J & M Properties/Danielson
        1432 Old Sandwich Road – RDD
Marc Garrett read the public hearing notice and opened the public hearing.
Participants:  Mr. Grandy, Mr. Wennerberg, Mr. Rosenblum, Mr. Garrett and Mr. MacGregor.
Atty. Robert Betters presented a request for a special permit for a Rural Density Development in order to divide a parcel (Map 52, Lot 32-2) into three residential lots and one open space lot.  The site has five existing structures that will be demolished.  The three new residential lots will share a common driveway off Old Sandwich Road and building envelopes are shown on the plan.  The tree line along the southern side of the property will be preserved to provide privacy for the abutting property.  The petitioner has also agreed to install fencing and additional screening to insure the privacy of the abutter as needed.  Atty. Betters requested that a condition be added to the staff report that would allow the developer to informally present to the Board modifications of the building envelopes once the building size has been determined.   
Randy Parker, Land Management Systems, Inc. presented photographs of the area and the site plans.  Mr. Parker asked the Board to consider a waiver to reduce the front setback to 70 ft.  
Lee Hartmann noted that the petitioner is requesting a waiver to reduce the square footage of open space (180,000 sq. ft. required) to 139,950 sq. ft.  With the additional area outside the building envelopes, the open space although not counted, exceeds the 180,000 sq. ft.  Mr. Hartmann stated that conditions could be added to the staff report regarding the fencing and modification of the building envelopes if the Board is supportive.  
Mr. Garrett stated that he would be amenable to adjusting the building envelopes slightly as long as the size of the building envelopes is not significantly altered.  
Public Comment:
Joseph Barrett, Paula Marcoux, David Crocker, Marion Crocker, Roger Janson, and Kim Robinson expressed their concerns with potential disruption of the open space, the density, reducing the setbacks, maintaining the character of the neighborhood, proximity of the proposed structures to abutters, and potential drainage issues.  
Mr. Hartmann explained that there are three pre-existing, non-conforming structures on the site that could be separated onto lots with 20-10-10 setbacks with no restrictions.  
The Board expressed their concerns with preserving the character of the neighborhood, the proposed setback reduction, and the location of the building envelopes.   They requested that the plan be revised to reflect the discussions regarding the building envelopes, lot configuration and setbacks.  
Malcolm MacGregor moved to continue the public hearing to February 8, 2010 at 7:10 p.m.; the vote was (4-1) with Marc Garrett in opposition.
Mr. MacGregor realized that he would be unable to attend the meeting on February 8, 2010.  
Malcolm MacGregor moved to continue the public hearing to March 1, 2010 at 7:10 p.m. with notification to be sent to abutters of the change of date; the vote was (4-1) with Marc Garrett in opposition.  

Public Hearing (cont. from 12/14, 1/11)
        B560 – Hillside Estates (off Shallow Pond Lane)
Malcolm MacGregor moved to continue the public hearing to February 22, 2010 at 7:10 p.m. in order to give staff and the peer review consultant time to review the revised information that was submitted on January 28, 2010.  

The Board took a five minute recess.

Public Hearing (cont. from 1/25)
        B562 – Village at South Street
        VOSD and Inclusionary Housing
Participants:  Mr. Grandy, Mr. Wennerberg, Mr. Rosenblum, Mr. Garrett and Mr. MacGregor.
Atty. Robert Betters presented the request for a VOSD with Inclusionary Housing in order to construct ten 3 bedroom, single family structures (four affordable housing units and six market rate units) and associated parking, roads, and drainage.  The units will be serviced by town water and sewer.  The proponent has worked with staff to draft an MOU for the affordable units.   
Mark Flaherty, Flaherty and Stefani Inc., presented the site plan.  There will be a single entrance road with a spur road running parallel to South Street to access six of the units.  There will be 16 parking spaces located in front of the six units and 10 parking spaces for the four units located at the rear of the site.  The sight distance along South Street from the proposed roadway is in excess of 400 ft.   The Fire Department recommended that a hammerhead turnaround be provided for emergency vehicles and that the grade is reduced from 10 ft. to 8 ft.  A low impact drainage system will consist of a series of tree box filters to infiltration basins and rain gardens.  All development is a minimum of 50 ft. from a small wetland on the site.  A retaining wall will be installed on the west side of the property and around the parking areas.  
Jon Henson, landscape architect, presented the planting plan.  The entry way will have low level evergreen planting.  On site, evergreens will be planted along South Street as a visual buffer, the slope to the wetland will be planted with a meadow mix, shade trees will be planted along driveways, a series of low canopy flowering trees will be planted along house fronts and foundation plantings will be added.   
Lee Hartmann noted that the affordable units will be deed restricted in perpetuity.  He also suggested that the requirements of the peer review consultant be added as conditions.
Malcolm MacGregor asked, given the site’s proximity to the stream and trout hatchery, whether nitrogen loading calculations have been completed.  Mr. MacGregor also asked if noise mitigation measures would be utilized to minimize the noise impacts of traffic on South Street.  
Mr. Flaherty replied that if septic systems were being installed there would be a huge impact, but this site will be serviced by town sewer.  He agreed to submit the calculations to the Board.  
Phil Cronin stated that the method of construction and streetscape plantings will help to minimize the noise impacts.   
Marc Garrett noted that the subdivision plans show patio areas on each unit and the landscape plans do not.   Mr. Garrett was concerned with the use of the back yard areas and screening of the back yards from South Street.  
Mr. Henson stated that a fair amount of plantings will be installed as screening along South St.  and that fencing could be installed.  
Atty. Betters stated that the proponent has agreed to eliminate the patio areas.  
Larry Rosenblum was also concerned about adequate screening along South Street.   
Public Comment:
Robert Mendes expressed his concerns with the density of the project, endangered species that inhabit the site and the possibility of a Native American burial ground on the site.  
Mr. Cronin stated that a site assessment was done by Mass Historical regarding the Native American burial ground which has been designated on lot 145 which has been set aside as unbuildable.    He will provide the documentation to the Board.  
Dorothy McFarlane expressed her concerns with the density and the sparse vegetation for screening of abutting properties.   
Mr. Garrett stated that the Board would like to have an opportunity to review the documentation regarding the Native American issues and for a more comprehensive plan regarding the screening of South St.  
Tim Grandy suggested that the proponent provide cross sections that would detail what would be visible from South St.   
Malcolm MacGregor moved to continue the public hearing to March 1, 2010 at 7:30 p.m.; the vote was unanimous (5-0).  

Public Hearing (cont. from 1/25)
        STM10 – Pinehills - Amend OSMUD
Bill Wennerberg recused himself from this public hearing and joined the audience.
Participants:  Mr. McAlduff, Mr. Rosenblum, Mr. Garrett and Mr. MacGregor.
John Judge, Pinehills LLC, presented the four modifications to the Open Space Mixed Use Development (OSMUD) section of the Zoning Bylaw.    The proposed modifications are as follows:
1.  Drive-through modification:  currently the bylaw allows for financial institutions and one other business to have drive-through windows.  The proposed change would allow for financial institutions and two other businesses to have drive-through windows.  
2.  Building setback modification: currently the bylaw requires a 100 ft. treed buffer along Clark Road and Route 3 in the village green area with a second 100 ft. buffer (100-200 ft.) in which road, utilities or parking lots can be constructed.    The proposed change would retain the 100 ft. treed buffer and allow building construction within the second 100 ft. buffer (100-200 ft).
3.  Building height modification:  currently the bylaw allows construction of 45 ft. tall buildings in the village green outside the 500 ft. buffer and 35 ft. tall buildings within the 200 – 500 ft. buffer.  The proposed change would allow 55 ft. high sloped roof buildings and 50 ft. high flat roof buildings within the village green outside the 500 ft. buffer and 45 ft. high buildings within the 200 – 500 ft. buffer.   
4.  Define contiguous land by adding the following language:  Land in excess of the 3,000 acre minimum may be added to the open space mixed use development which (i) meets the foregoing criteria, (ii) is located within or abutting the opposite side of a pond consisting of not less than 50 acres in its natural state adjacent to the open space mixed use development , or (iii) is contained within a parcel in single ownership at the time of inclusion of such parcel in the open space mixed use development, a portion of which parcel is located within 1,000 ft. of the boundary of said adjacent pond consisting of not less than 50 acres in its natural state.  In addition, the density of said added parcel may not exceed the density of the underlying zoning district without a detailed environmental analysis of any adjacent areas impacted by such increase in density and the maximum density of said added area shall not exceed 1 dwelling unit per acre under any circumstances.
Larry Rosenblum expressed his concerns regarding all four issues being within the same article. He would prefer to deal with them separately.  
Public Comment:
Elspeth Franks expressed her support of the proposal.  
Gerry Collins, William Abbott, Barry Meltzer, Anne Haney and Nicholas Filla expressed their concerns including reducing the buffer,  adding another drive-through, increase the building height, and increasing the density.
Larry Rosenblum and Malcolm MacGregor felt that the four proposed changes should be reviewed separately and explored further.  
Paul McAlduff was supportive of the proposed changes.  
Marc Garrett was supportive of the proposed changes within the village green, but felt that the proposal to change the definition of the contiguous land should be withdrawn.
Malcolm MacGregor moved for the Board to recommend support of the article with no decrease to the buffers along Rte 3 and with the exception of the definition of contiguous land.    
Mr. Rosenblum felt the Board should further review their options regarding the impact of a change to the building height and the land that could be added to the OSMUD if the definition of contiguous land was adopted by Town Meeting.   
Mr. MacGregor withdrew his motion.  
Larry Rosenblum moved to continue the public hearing to February 8, 2010 at 7:10 p.m.; the vote was (3-1) with Marc Garrett in opposition.

Other Business: 
STM10 – Article 22 - High Voltage Utility Poles
Modification Request
Lee Hartmann presented a request to modify the Board’s vote on Article 22 to allow a 15 ft. increase to high voltage utility poles within 25 ft. of a public or private road layout excluding limited access highways.  
Malcolm MacGregor moved amend the Board’s vote on Article 22 to reflect the above-mentioned changes; the vote was unanimous (5-0).  

Paul McAlduff moved to adjourn at 12:00 a.m.; the vote was unanimous (5-0).  

Respectfully Submitted,




Eileen M. Hawthorne                                             Approved:_____________________
Administrative Assistant