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:
February 22, 2010
Larry Rosenblum requested a change that would delete the work “exempt” from the correction of the minutes of February 8, 2010 regarding the discussion of a buffer reduction requested by Pinehills LLC.
B530 - Prestige Way Covenant Extension
The Board approved the covenant extension for B530 – Prestige Way.
Larry Rosenblum moved for the Board to approve the Administrative Notes with the amendment to the minutes of February 22, 2010 and February 8, 2010; the vote was unanimous (5-0).
The Board endorsed the votes for B560 - Hillside Estates.
A request for a lot release for Lot 1280 in the B296 – Ponds at Plymouth subdivision has been submitted.
Malcolm MacGregor moved for the Board to approve the release of Lot 1280 in the B296 – Ponds at Plymouth subdivision; the vote was unanimous (5-0).
Lee Hartmann announced that the Attorney General has approved 2009 Fall Town Meeting Article 13 – the amendment to light industrial to allow manufacturing, processing and assembly of renewable and alternate energy products and equipment and Article 28 - the amendment to rezone lots 13 and 48 on Map 89 from Rural Residential to Highway Commercial.
Malcolm MacGregor informed the Board that due to a scheduling conflict, he can no longer attend the Community Preservation Committee meetings. The other Board members also have scheduling conflicts with the CPC meeting night. Mr. MacGregor agreed to keep in contact with the CPC committee and update the Board on their activities periodically.
Public Hearing (cont. from 2/1)
B564 – J & M Properties/Danielson
1432 Old Sandwich Road – RDD
Participating: Marc Garrett, Malcolm MacGregor, Larry Rosenblum, Bill Wennerberg, and Tim Grandy.
Atty. Robert Betters requested a continuance in order for additional time for the applicant to work with the abutters to draft an acceptable plan.
Malcolm MacGregor moved to continue the public hearing to March 22, 2010 at 7:15 p.m.; the vote was unanimous (5-0).
Paul McAlduff moved for the Board to enter into executive session regarding pending litigation. The Board would return to open session. A roll call vote was taken: Paul McAlduff – Yes; Malcolm MacGregor – Yes; Bill Wennerberg – Yes; Larry Rosenblum – Yes; and Marc Garrett – Yes.
The Board adjourned to executive session.
The Board returned to open session at 7:45 p.m.
Mr. Garrett reconvened the open session.
Public Hearing (cont. from 1/25, 2/1)
B562 – Village at South Street
VOSD and Inclusionary Housing
Participants: Mr. Grandy, Mr. Wennerberg, Mr. Rosenblum, Mr. Garrett and Mr. MacGregor.
Atty. Robert Betters reviewed the four issues that the Board asked the proponent to address during the public hearing held on February 1, 2010. The issues were: screening along South Street; elimination of the patio areas along South Street; a nitrogen loading analysis prior to the issuance of building permits; and review of the documentation regarding the Native American issues. Atty. Betters stated that the previously prepared report regarding the Native American issues has been submitted and the proponent has hired Ken Perry Alves, Repatriation Office for the Assonet-Wampanoag Nation, to be on site during construction activities to see if there are any Native American artifacts found.
Phil Cronin stated that Mr. Alves has worked for the Natural Park Service and has repatriated over 241 Native American remains back to the earth, has worked with the Peabody Museum, the Aquinnah – Gay Head Native Americans; worked on the Lakeville Park and Ride; and worked in Barnstable, West Bridgewater, Fall River, Dartmouth, and on the Nook Farm site. Mr. Cronin stated that he talked to John Peters, Commissioner of the Massachusetts Commission on Indian Affairs, who highly recommends Mr. Alves for the purpose of overseeing the construction. Mr. Alves will witness the disturbance of the site, scraping of the loam and removal of trees and would follow the State procedure as outlined in Chapter 38.
Rodney Joseph, Chief of Federation of Plymouth Indian Tribes, expressed his interest in the Native American history of this area. A memorial, education site has been proposed. Mr. Joseph stated that he was not interested in interfering with Mr. Cronin’s development of the site and was supportive of Mr. Alves being on site during the construction process.
Jon Henson presented the changes to the landscape plan that was originally submitted. The patios have been eliminated and additional plantings such as Rosebay Rhododendrons, Mountain Laurel, Bayberry and Pine trees are proposed along South Street and meadow mix plantings will surround the wetland area.
Marc Garrett suggested eliminating the Bayberry and installing Mountain Laurel instead.
Bill Wennerberg suggested American Holly instead of the Bayberry.
Larry Rosenblum encouraged the proponent to preserve as many existing tall trees as possible and to take advantage of the natural features on the site.
Jon Henson agreed to incorporate the Board’s suggestions into the landscape plan.
Public Comment:
In favor: None
In opposition:
Robert Mendes expressed his concern with the disturbance of the site, the Native American history of the area, and the blocking of the emergency access from Leland Way. Mr. Mendes suggested that another archeological study should be done on the site.
Mark Flaherty, Flaherty and Stefani, Inc., stated that they have worked with Beals and Thomas to address the engineering and drainage issues. Mr. Flaherty noted that there will be minimal nitrogen loading from this site as there is very little lawn area and no septic systems. A hydrant flow test was conducted with no issues noted.
Larry Rosenblum asked if the Mass Historical Commission (MHC) is aware of the proposed project and if not, they should be notified.
Lee Hartmann stated that there is no obligation to notify MHC until and unless something of significance is found on the site. The consultant that has been hired will oversee the disturbance of the site and notify MHC if anything is found.
Bill Wennerberg and Marc Garrett were comfortable with the consultant on site to protect the Native American interests.
Lee Hartmann suggested that conditions could be added to the approval that would require that the consultant be retained.
Tim Grandy noted that there is a state law and process that governs if Native American artifacts are found on the site. If any artifacts or bones are found, the project will stop until reviewed by the authorities.
Malcolm MacGregor moved to close the public hearing; the vote was unanimous (5-0).
Malcolm MacGregor moved for the Board to approve the Definitive Subdivision plan with waivers and the Special Permits for VOSD and Inclusionary Housing for B562 – The Village at South Street subject to the following conditions:
Definitive Subdivision with waivers Conditions:
Street names are needed and must be reviewed by the Fire Department and Town Engineer’s Office with final approval by the Planning Board.
The Petitioner has agreed to relocate the fire hydrants as required by the Fire Department.
The location of the sewer connection is to be approved by the Department of Public Works.
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.
Whenever feasible, the existing site vegetation is to be preserved and/or transplanted.
The Bayberry shown on the Landscape Plan shall be replaced with Inkberry and Holly.
The Petitioner has agreed to retain the services of Ken Perry Alves (or an alternative consultant acceptable to the Planning Board) to ensure that site work is in conformity with Massachusetts law, Chapter 38, Section 6.
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.
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 (2) 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 (2) 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 ten (10) single family building lots and no more than ten (10) dwelling units.
The Petitioner must immediately notify the Department of Public Works and the Planning Department of any work to be conducted within the layout of South Street. 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 fifteen (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 ten (10).” 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.
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) homeowners’ association, and (4) this Decision have been recorded with the Plymouth County Registry of Deeds shall be provided to the Planning Board.
- The Petitioner agrees to provide a maintenance program for stormwater facilities at the road, drainage lots, open space or roadway areas to be maintained by the homeowners’ association on said plan or revised plan detailed as an exhibit to the homeowners’ association documents referenced above.
Special Permit Conditions:
Prior to endorsement of the plans, the draft 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 Petitioner has agreed to relocate the fire hydrants as required by the Fire Department.
The location of the sewer connection is to be approved by the Department of Public Works.
Whenever feasible, the existing site vegetation is to be preserved and/or transplanted.
The Bayberry shown on the Landscape Plan shall be replaced with Inkberry and Holly.
The Petitioner has agreed to retain the services of Ken Perry Alves (or an alternative consultant acceptable to the Planning Board) to ensure that site work is in conformity with Massachusetts law, Chapter 38, Section 6.
A pre and post development nitrogen analysis shall be submitted to the Planning Board prior to the issuance of building permits.
The Petitioner agrees that the four (4) Affordable Units 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 MOU dated December 4, 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 Market Rate Units and an occupancy permit shall be issued for the affordable unit with or prior to the issuance of an occupancy permit for the Market Rate Units. Lots 62D-3, 62-4, 62D-7 and 62D-8 have been identified as the location of the affordable units. 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 ten (10) single-family building lots and no more than ten (10) dwelling units.
The Petitioner must immediately notify the Department of Public Works and the Planning Department of any work to be conducted within the layout of South Street. 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 fifteen (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 ten (10).” 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.
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) homeowners’ association, and (4) this Decision have been recorded with the Plymouth County Registry of Deeds shall be provided to the Planning Board.
- The Petitioner agrees to provide a maintenance program for stormwater facilities at the road, drainage lots, open space or roadway areas to be maintained by the homeowners’ association on said plan or revised plan detailed as an exhibit to the homeowners’ association documents referenced above.
The vote on the VOSD special permit was unanimous (5-0) and the vote on the Definitive Subdivision plan was (4-0).
Other Business:
Marc Garrett read a statement that will be presented to the Board of Selectmen to request that an article be placed on Special Town meeting to allow an amendment to Highway Commercial to permit automobile sales by licensed new car franchised dealers. The proposed amendment is a result of many hours of negotiations with the Sunna LLC and would end the current litigation.
Paul McAlduff moved for the Board to schedule a public hearing and ask the Board of Selectmen to schedule a Special Town Meeting to review the proposed article.
Malcolm MacGregor suggested that there should be a signed MOU before the Board moves forward with the article.
Larry Rosenblum felt that the limited time frame to review the proposed amendment was constraining.
The vote was (3-2) with Malcolm MacGregor and Larry Rosenblum in opposition.
Bill Wennerberg moved to adjourn at 8:50 p.m.; the vote was unanimous (5-0).
Respectfully Submitted,
Eileen M. Hawthorne Approved: March 15, 2010
Administrative Assistant
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