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 February 1, 2010 as presented.
The Board approved the minutes of February 8, 2010 with the following change requested by Larry Rosenblum:
Mr. Rosenblum was supportive of one additional drive-through and amending the buffer/setback language to limit buildings within the 100-200 ft. buffer only within the epicenter of the village green area between Pinehills Drive and Landmark Drive. Mr. Rosenblum did not support the language to increase to building heights except between Pinehills Drive and Landmark Drive or the language to allow land adjacent to a pond to be added to the OSMUD.
The Board determined that the following Form A plan is entitled to endorsement:
A4356 – 4M 6 Resnik LLC, Resnik Road, Map 103, Lot 14K-157 – Drainage lot revision to show parking lot
Larry Rosenblum moved for the Board to approve the administrative notes with the amendment to the minutes of February 8, 2010 as noted above; the vote was (4-0-1) with Malcolm MacGregor in abstention.
Discussion – Attorney Richard Serkey
Conceptual RDD Plan Lot 4-3 Map 82
East Russell Mills Road
Atty. Richard Serkey presented a conceptual review for a five lot Rural Density Development with approximately 400,000 sq. ft. of open space with a 50 ft. buffer lot from all surrounding abutters on Map 82, Lot 4-3. Previous conceptual plans presented to the Board included this parcel combined with other lots to create a 25 unit condominium complex, and 19, 18 or 7 lot conventional subdivisions. The Town is seeking to obtain a drainage easement on the proponent’s property. A meeting with the neighborhood abutters has been held to obtain their input.
Joshua Bows, Merrill Associates, presented the site plan. A single 18 ft. wide common driveway culminating in a cul-de-sac would access the five residential lots. The residential lots range in size from 1.4 acres to 10 acres. Waivers that will be requested will include; a reduction of frontage from 50 ft. to 30 ft. per lot; and slopes of 2:1 instead of 3:1. The grade of the driveway will be 10 percent. The house locations were designed to work with the topography of the site.
Lee Hartmann suggested considering two common driveways: one for 3 lots and one for 2 lots, defining the buffer areas as separate lots, and showing proposed building envelopes.
Marc Garrett suggested one curb cut off East Russell Mills Road that would subsequently split into two common drives.
The Board requested that future plans show the topography of the site in order to better assess the location of the road and the house sites; the grading and fill that may be required; drainage issues, etc.
Larry Rosenblum suggested eliminating the proposed cul-de-sac and providing turnarounds at different points along the road.
Atty. Serkey stated that they will take the Board’s suggestions and return at a future date.
Public Hearing (cont. from 12/14, 1/11)
B560 – Hillside Estates (off Shallow Pond Lane)
Marc Garrett reopened the public hearing.
Sitting on this case were Marc Garrett, Malcolm MacGregor, Paul McAlduff, Larry Rosenblum, and Bill Wennerberg.
Brad Bertolo, JC Engineering, presented the revised layout for the proposed 11 lot subdivision (10 market rate and one affordable housing unit). The revised layout shows looped road with an extension ending in a hammerhead turnaround and has been reviewed by Beals and Thomas and the Fire Department. The lot size has been reduced and the lots have been moved away from the wetlands. The looped road surrounds a natural depression that will be used for drainage. A 1.2 acre lot will provide a buffer around Shallow Pond and will be gifted to the Town.
Lee Hartmann noted that the petition includes a definitive subdivision, waivers, a special permit for adequate facilities and a special permit for inclusionary housing. An MOU has been drafted for the affordable housing unit. The current design incorporates the requests of the Board, the town, the town engineer and the fire department. Beals and Thomas has suggested conditions that have been included in the staff recommendation.
Mr. Garrett asked for Public Comment.
Neal Price, Horsley and Witten, spoke on behalf of Peter Stearns. Mr. Price suggested that a more low impact design for the project would be preferable. He suggested that the residential lots be pulled further from Shallow Pond, that the buffers around the pond be increased, that bioretention systems be installed for drainage, a vehicle barrier consisting of a berm with boulders and cedar trees be placed on lot 15-9, and a notice be provided to potential homeowners that an active cranberry facility is adjacent to the property.
Malcolm MacGregor asked if the bioretention system could be added to the design.
Mr. Bertolo stated that a bioretention system would increase the disturbance to the land and that the proposed stormseptor will address the drainage issues.
Mr. MacGregor asked how the drainage would be maintained.
Mr. Bertolo stated that the maintenance plan would be outlined in the documents of the homeowners association.
Mr. MacGregor suggested reducing the size of the building envelopes and providing a buffer at the front of each lot. He also suggested adding a condition that would require a comparison of the bioretention system vs. the proposed drainage system before the final drainage plan is approved.
Mr. Bertolo stated that a minimum of three trees would be installed along the front of the lots that do not have a buffer area.
Larry Rosenblum suggested reducing the length of the extension road, increasing the setbacks around the pond, and reducing the buildable areas.
Mr. Garrett was supportive of the proposed 100 ft. setback from the wetlands, the proposed drainage, reducing the building envelopes on lots 15-5 and 15-6, and a notice to future homeowners regarding the sites close proximity to a working cranberry operation.
Mr. MacGregor suggested using topography line 62 for the reduction of the building envelope on lot 15-5 and topography line 52 for the reduction of the building envelope on lot 15-6.
Malcolm MacGregor moved for the Board to approve the subdivision and special permits with the conditions in the staff report and additional conditions that require a bioretention analysis and the suggested revised building envelopes for lots 15-5 and 15-6; the vote was (2-3) with Mr. MacGregor and Mr. Rosenblum in favor.
Larry Rosenblum moved for the Board to approve the subdivision and special permits subject to the following conditions:
Definitive Subdivision Conditions:
The building/yard envelopes for Lot 15-5 is to be reduced to follow contour line 62 and the building/yard envelopes for Lot 15-6 is to be reduced to follow contour line 52.
The Petitioner is proposing a road 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 plan.
The Petitioner agrees to the endorsement of the Plan 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 an appeal.
The applicant has agreed to gift at no cost Lot 15-14 (1.2 acres) to the Town.
Tree cutting on any Lot will be limited to the building/yard envelopes. The only other tree cutting allowed would be to remove hazardous or dead trees. The building/yard envelopes may be amended by the Planning Board provided the board finds that the changes provide an equivalent development envelope.
A covenant is required detailing the creation of a homeowners’ association for the lot owners within Hillside Estates (the “Association”) and specifying that the way is not to be accepted as public. The Association documents are to detail a maintenance program for the drainage system. Language is to be placed in the covenant that all successors and assigns are to be notified in writing that these lots abut a working cranberry farm and that at times the day-to-day operations of a working cranberry farm may not be compatible with a residential neighborhood.
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 Petitioner with mutual agreement on the content of said guarantee by the Petitioner and Planning Board without amendment or modification of this approval.
The Petitioner agrees to complete 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. Upon a finding by the Planning Board that the construction of all ways and the installation of all municipal services has not been completed with two years (or such further time as the Petitioner and the Planning Board may mutually agree), the Planning Board may elect to seek rescission of the plan
The Petitioner agrees that he or she will guarantee to protect, repair, replace, and where necessary 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.
Prior to issuance of a Certificate of Occupancy on each individual lot, individual lamp-posts will be installed per the plans.
The subdivision is approved for no more than eleven (11) single family building lots and no more than eleven (11) dwelling units.
The Applicant must design (to the satisfaction of the Town Engineer) and pay for the road improvement mitigation and related inspection costs and legal fees associated with the resurfacing/reconstruction of the first 450 feet of Kathleen Drive.
Work with the existing Shallow Pond Estates roads is not anticipated. However, should such work be necessary the applicant/owner must immediately notify the Planning Department of such work. The Planning Board may require additional improvements to the existing ways to repair the effects of any such work.
Prior to endorsement of the plans:
- The proposed centerline of the new roadway will be staked out, and walked by Town of Plymouth Planning staff with the Petitioner or his or her representatives, to discuss the road and sidewalk layouts that should be included in the final plans.
- Conditional upon the payment of the back taxes, interest and fees owed to the Town for the land shown on the definitive subdivision plan, if any. Verification of payment is to be provided to the Planning Board prior to endorsement of the definitive subdivision plan.
- The plans will be revised to detail the conditions of the approval, as needed.
- Detail or noted minimum standards for photosensitive driveway lamp-posts on each individual lot within 15 feet of the road right-of-way shall be shown on the plans.
- A note on the title sheet of the plans regarding the "maximum number of building lots and dwelling units approved for development shall not exceed eleven (11).” This sheet is to be recorded at the Plymouth County Registry of Deeds or this Decision shall be recorded with the plans.
- A note is needed on the plan stating that during construction of the drainage facilities, the contractor shall minimize the removal of natural vegetation on the drainage lot (15-13).
The plans and drainage designs will be revised to address the concerns of the Town Engineer, Beals and Thomas and other advisory reports subject to final approval by the Planning Board prior to endorsement of the plans. Said revisions shall include, at a minimum, the following:
Prior to issuance of a Building Permit:
- Four (4) sets of full size copies of all drawings comprising the Definitive Subdivision 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 (1) the definitive subdivision plan (2) Covenant, (3) Declaration of Trust (in a form approved by Town Counsel) and (4) this Decision have been recorded with the Plymouth County Registry of Deeds shall be provided to the Planning Board.
- The Applicant agrees to provide a maintenance program for stormwater facilities at the road, drainage lots, open space or roadway areas to be maintained by the homeowner’s association on said plan or revised plan detailed as an exhibit to the homeowner’s association documents referenced above.
- A fully executed easement in a form acceptable to Town Counsel is to be gifted to the Town allowing for a 20-foot wide access and utility to the Town owned Lot 1B.
Special Permit Conditions:
The building/yard envelopes for Lot 15-5 is to be reduced to follow contour line 62 and the building/yard envelopes for Lot 15-6 is to be reduced to follow contour line 52.
Prior to endorsement of the plans, the draft Memorandum of Understanding (MOU) is to be finalized and endorsed by the Petitioner and the Plymouth Housing Authority in accordance with Section 205-71 of the Bylaw.
The applicant agrees that the one (1) Affordable Unit shall be reserved for sale in perpetuity to households earning no more than seventy percent (70%) of the median household income for the Boston Metropolitan Statistical Area, as it may change from time to time. The Petitioner has agreed, to include the negotiated terms outlined in the Draft Memorandum of Understanding (MOU) dated October 2, 2009 between the Petitioner and the Plymouth Housing Authority in accordance with Section 205-71 of the Bylaw with respect to the affordable units:
- One affordable unit shall be constructed concurrently with the third Market Rate Unit and an occupancy permit shall be issued for the affordable unit with or prior to the issuance of an occupancy permit for the third Market Rate Unit. The location of the affordable unit shall be designated at the time of lot release. No building permits will be issued unless the conditions of the MOU are met. This shall be noted on the plan.
- Prior to issuance of any lot release, the Petitioner shall supply the Planning Board, subject to review by the Director of Community Development, plan prototypes and design guidelines for the residential dwellings, including exterior materials, bedroom counts and building sizes, for Planning Board approval. Any subsequent building permit applications shall be reviewed by the Director of Community Development prior to issuance of a Building Permit to determine substantial compliance with the prototypes, and compliance with conditions noted above. If there is a discrepancy, the Planning Board shall review the proposed Building Permit application for consistency with the prototypes.
- The Plymouth Housing Authority shall be named as the agent to ensure that the monitoring, marketing and lottery requirements are in compliance with state and local guidelines, as outlined in the “Developing Affordable Housing in Plymouth” guidelines.
The subdivision is approved for no more than eleven (11) single family building lots and no more than eleven (11) dwelling units.
The applicant has agreed to gift at no cost Lot 15-14 (1.2 acres) to the Town.
Tree cutting on any Lot will be limited to the building/yard envelopes. The only other tree cutting allowed would be to remove hazardous or dead trees. The building/yard envelopes may be amended by the Planning Board provided the board finds that the changes provide an equivalent development envelope.
The Applicant must design (to the satisfaction of the Town Engineer) and pay for the road improvement mitigation and related inspection costs and legal fees associated with the resurfacing/reconstruction of the first 450 feet of Kathleen Drive.
Work with the existing Shallow Pond Estates roads is not anticipated. However, should such work be necessary the applicant/owner must immediately notify the Planning Department of such work. The Planning Board may require additional improvements to the existing ways to repair the effects of any such work.
Prior to endorsement of the plans:
- The proposed centerline of the new roadway will be staked out, and walked by Town of Plymouth Planning staff with the Petitioner or his or her representatives, to discuss the road and sidewalk layouts that should be included in the final plans.
- Conditional upon the payment of the back taxes, interest and fees owed to the Town for the land shown on the definitive subdivision plan, if any. Verification of payment is to be provided to the Planning Board prior to endorsement of the definitive subdivision plan.
- The plans will be revised to detail the conditions of the approval, as needed.
- Detail or noted minimum standards for photosensitive driveway lamp-posts on each individual lot within 15 feet of the road right-of-way shall be shown on the plans.
- A note on the title sheet of the plans regarding the "maximum number of building lots and dwelling units approved for development shall not exceed eleven (11).” This sheet is to be recorded at the Plymouth County Registry of Deeds or this Decision shall be recorded with the plans.
The plans and drainage designs will be revised to address the concerns of the Town Engineer, Beals and Thomas and other advisory reports subject to final approval by the Planning Board prior to endorsement of the plans. Said revisions shall include, at a minimum, the following:
Prior to issuance of a Building Permit:
- Four (4) sets of full size copies of all drawings comprising the Definitive Subdivision 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 (1) the definitive subdivision plan (2) Covenant, (3) Declaration of Trust (in a form approved by Town Counsel) and (4) this Decision have been recorded with the Plymouth County Registry of Deeds shall be provided to the Planning Board.
- The Applicant agrees to provide a maintenance program for stormwater facilities at the road, drainage lots, open space or roadway areas to be maintained by the homeowner’s association on said plan or revised plan detailed as an exhibit to the homeowner’s association documents referenced above.
- A fully executed easement in a form acceptable to Town Counsel is to be gifted to the Town allowing for a 20-foot wide access and utility to the Town owned Lot 1B.
The vote was (4-1) with Bill Wennerberg in opposition.
Other Business:
The Board discussed the proposed changes to the OSMUD regarding the buffers/setbacks that Pinehills LLC has requested.
Mr. Rosenblum felt that a clarification was needed on what is currently allowed in the 100-200 ft. buffer area. Mr. Rosenblum stated that based on his research, parking within the second 100 feet is not explicitly allowed.
Mr. Hartmann noted that Pinehills LLC feels strongly that parking is allowed within the second 100 feet. He also stated that the second hundred foot area is open space and parking and roads are allowed within that open space. The Planning Board has the ability to waive requirements and noted that the Board will have the opportunity to review any plans for construction within the buffer.
Paul McAlduff moved to adjourn at 9:09 p.m.; the vote was unanimous (5-0).
Respectfully Submitted,
Eileen M. Hawthorne Approved: March 1, 2010
Administrative Assistant
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