Planning Board Meeting
March 22, 2010
Minutes
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: Michelle Turner
Administrative Notes:
BOA 3579 – Eastport Bayside LLC
31 Caswell Lane, PID 012-000-062-000
Paul McAlduff moved for the Board to recommend approval to the Zoning Board of Appeals for BOA 3579 –Eastport Bayside LLC, 31 Caswell Lane, Map 12, Lot 62, request for a Special Permit due to the expiration of ZBA Case No. 3406 which was granted on March 21, 2007 and recorded with the Town Clerk on March 28, 2007 in order to construct four multi-family, residential condominium units subject to the following:
It is recommended that the following conditions noted in the 2007 vote be imposed as part of this petition:
The structure(s) shall not exceed 35 feet in height.
The plans referenced in Paragraph 6 of the findings were approved as submitted with the exception that no sidewalk shall be constructed on the northerly side of Caswell Lane.
Prior to issuance of a building permit, the Petitioner has agreed to submit a maintenance plan to the Zoning Board of Appeals for the drainage swale after it has been cleaned out as proposed, and to change the plans to show that the contractor will use an herbaceous seed mix immediately after cleaning the swale to help desirable wetland species out compete the undesired plants currently established.
The architecture and landscaping shall be in conformance with the materials presented with the Petition. Any changes deemed substantially different by the Building Inspector shall be presented to the Board of Appeals for approval prior to construction or installation.
Traditional wood siding material shall be used. Wood siding is more in keeping with the neighborhood. Alternatives such as “hardy plank” or other acceptable alternatives to wood may be used conditional on said materials having been presented for review by the Planning Board with final approval by the Board of Appeals in advance.
The proposed drainage system shall be in compliance with the Town Building Inspector’s accepted practices and in compliance with the Zoning Bylaw.
The requirements of the Department of Public Works for connection to public water and sewer shall be satisfied prior to issuance of a building permit.
All site lighting is to comply with the Light Pollution Bylaw. Light poles should not exceed twelve (12) feet in height.
The proposed decks/patios shall not be enclosed without further review by the Board of Appeals.
The project may be subject to the purview of the Conservation Commission. No work may begin on the property until all relevant environmental permits and licenses are received for the project.
Prior to issuance of a building permit, the plans shall be revised, if needed, to reflect accurate flood zones with respect to the advisory comments received from the Conservation Commission, and the Petitioner shall address the concerns with respect to building requirements for this site with respect to said flood zones.
If a trash receptacle is used on the site, it is to be located and screened from the public view. Mechanical equipment shall also be screened from public view.
Prior to issuance of a final Occupancy Permit for the site, all plantings shall be subject to a 2-year performance requirement after installation (which shall re-instate if replacement plantings are installed), and the Petitioner shall be responsible for any replacements needed in that 2-year time period.
Prior to issuance of an Occupancy Permit for any of the units at the site a Condominium Association shall be created and incorporate annual assessment for roadway maintenance, snow plowing, landscaping, and other areas of common interest and concern. The Condominium Association shall also provide a maintenance program for drainage facilities and appurtenances, open space, parking and common drive/emergency access areas within the property to be maintained by the condominium association, which shall be detailed in the condominium association documents for the Condominium property.
Prior to issuance of an Occupancy Permit, a Registered Landscape Architect or other qualified licensed professional must certify to the Building Inspector that the required landscaping has been properly installed in accordance with the approved site plan, the Zoning Bylaw and acceptable landscape practices.
Prior to issuance of an Occupancy Permit, a Registered Professional Engineer must certify that the drainage system, driveways, curbing, and parking areas have been installed according to accepted practices and in compliance with the Zoning Bylaw.
The vote was (3-2) with Larry Rosenblum and Malcolm MacGregor in opposition.
Minutes:
March 15, 2010
Paul McAlduff moved for the Board to approve the minutes of March 15, 2010 as presented; the vote was (4-0-1) with Larry Rosenblum in abstention.
B486 – Village Crossing
Landscaping Plan
Ed Fuller presented the landscape plans for Phase III of the Village Crossing Development. The plans included a planting plan for the residential units and the recreation building; three proposed rain gardens; and a detail sheet of plant materials and a planting schedule. The plantings include several types of ground cover, shrubs and trees utilizing as many indigenous species as possible. Plantings are proposed to screen Phase III from Phase II and open space plantings will include groups of trees between the units. Cross sections detailed the streetscape plan and a view to the rain garden which will be a focal point.
Lee Hartmann noted that the petitioners are requesting approval of the landscape plan so they can move forward with Phase III; conceptual support of Phases IV and V with final plans to be submitted at a later date; and progress is being made on the drainage issues.
Marc Garrett asked if the outstanding drainage issues would be addressed prior to construction of Phases IV and V.
Mr. Hartmann stated that if at any time an impasse is reached regarding the drainage issues, the Building Department would be involved with enforcement.
George Yankowich stated that the conceptual plan for Phases IV and V was submitted so the Board would have input as to whether the proponent is heading in the right direction.
Public Comment:
Allan Barr, representing the homeowners in Village Crossing spoke in favor of the project.
Malcolm MacGregor moved for the Board to approve the Phase III landscape plan as submitted and to allow the construction of the remaining 18 units in Phase III; the vote was unanimous (5-0).
The Board was acknowledged that the Phase IV and V conceptual plan was in keeping with the Phase III plan and looks forward to further review of the remaining phases.
Public Hearing (cont from 2/1, 3/1)
B564 – J & M Properties/Danielson - RDD - 1432 Old Sandwich Road
Participating: Marc Garrett, Malcolm MacGregor, Larry Rosenblum, Bill Wennerberg and Tim Grandy
Atty. Robert Betters and Randy Parker, Land Management Systems Inc. presented the petition for a three lot Rural Density Development (RDD). In the revised plan, the rear lot lines have been moved back to allow for more flexibility with the building location, the open space is at the rear of the lots which is the area least disturbed by the existing buildings, the side setbacks on each of the outer two lots has been expanded to 30 feet, the proposed expansion of the easement along Old Ponds Road has been eliminated, and a common driveway has been created for access to the three proposed houses. Adequate access has been provided for emergency vehicles.
Lee Hartmann reminded the Board that the public hearing was continued in order to address the Board’s concerns regarding lot placement and building location. Both issues have been addressed in the revised plan.
Randy Parker stated that Mrs. Crocker, an abutter has requested a 200 ft. setback from Old Sandwich Road on the lot (#3) that abuts her property. The 200 ft. setback could be accommodated.
Public Comment:
Marion Crocker asked if the open space would be left woods and if Old Ponds Road would be open to access the open space.
Randy Parker stated that the open space would be left wooded and that Old Ponds Road would not be opened for access to the open space.
David Crocker spoke in favor of the revised plan.
Roger Janson was concerned with privacy in his back yard and was not in favor of the revised plan.
Atty. Betters agreed to provide the 200 ft. setback for the lot (#3) that abuts Mrs. Crocker. He also noted that there may be structures or portions of structures that are outside the target building areas shown on the plans. He noted that visual buffering could be provided for Mr. Jansen’s property.
Bill Wennerberg moved for the Board to approve the RDD 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 RDD plan, as well as incorporated into the Protective Covenants and Restrictions and Deed Restrictions imposed by the Petitioner on the lots within the RDD development. Said Protective Covenants and Restrictions and Deed Restrictions shall include provisions for the open space as described in the conditions below.
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.
Dwellings shall be located within the “Radius Dwelling Target Area” or an equivalent target area approved by the Board and shown on the final plan. Dwellings and accessory structures shall not be constructed within the “Separation Radius” areas shown on the plan. The “Radius Dwelling Target Area(s)” may be amended by the Planning Board provided the board finds that the changes provide an equivalent development area to the “Radius Dwelling Target Area” shown on the approved plan.
The tree line located adjacent to the property line of Lot 33A is to be preserved. To address this condition a note shall be added to the plan delineating the tree line to be preserved and the building/yard envelope for Lot 32-3 shall be reduced to exclude the existing vegetation located along the lot line.
Landscaping and/or fencing acceptable to the Planning Board shall be added to the plan to adequately screen the abutting dwelling located on Lot 40 from the RDD.
Prior to endorsement of the 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.
Only one curb cut for a shared common driveway is allowed on Old Sandwich Road.
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 revised building/yard area envelops.
The Plan shall include a detail for concrete bounds delineating the boundary of the open space.
Prior to issuance of a building permit for the new building lot:
- The applicant shall demolish all existing structures prior to the issuance of building permits for any new dwellings.
- Five (5) sets of full sized copies of all drawings comprising the RDD 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 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 conditions 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
Amend Highway Commercial
Marc Garrett read the public hearing notice and opened the public hearing.
Participating: Marc Garrett, Malcolm MacGregor, Larry Rosenblum, Paul McAlduff and Bill Wennerberg.
Lee Hartmann introduced a proposed language amendment to the Zoning Bylaw that would settle the ongoing litigation regarding the Zoning Board of Appeals position that automobile dealerships are an allowed use in the HC zone under the current bylaw. The amendment would add the following underlined language to Section 205-56 Highway Commercial (HC), E. Special permit uses subject to environmental design conditions and Table 5:
(4) Vehicular-related uses, including new and used automobile sales by licensed new car franchise dealers, provided that any outdoor service or repair areas shall be screened from public ways and abutting properties by walls, fence and/or evergreen vegetation at least five feet high and further provided that such use be located on a lot that is not located within a Department of Environmental Protection approved Zone II area shown on Zoning Map No. 4, Aquifer Protection District.
The amended language would also include a footnote on C. Allowed uses – (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. The footnote would read as follows:
Does not include new and used automobile sales.
If the above-mentioned language is approved by Special Town Meeting, no action would be taken on the Annual Town Meeting article regarding amending Section 205-56 HC.
Larry Rosenblum expressed his concerns with types of signage, lighting and landscaping of automobile dealerships and the need for design standards.
Malcolm MacGregor shared the same concerns as Mr. Rosenblum and expressed that he had similar concerns with the property located near the Kingston border that was approved for automobile dealerships.
Public Comment:
Richard Serkey, Randy Parker, Sam Butterfield, and Edward Angley spoke in favor of this proposed amendment to the Zoning Bylaw.
Paul McAlduff moved for the Board to approve the proposed amendment to Section 205-56 Highway Commercial; the vote was (3-2) with Larry Rosenblum and Malcolm MacGregor in opposition.
Bill Wennerberg left the meeting.
BOA 3578 – Todd Christian
60 Samoset Street, PID 015-000-079-000
Lee Hartmann presented the request for Special Permits to waive the front/side setback requirements and to enlarge a pre-existing non-conforming structure and use in order to demolish an existing 1 story, 32.5’x15.8’ building and replace it with a 2 story 32.5’x15.8’ building. The foundation of the structure suffered damage when hit by an automobile and the existing flat roof has created water issues.
Larry Rosenblum felt that the proposed addition would crowd the site and that the setback should be increased.
Paul McAlduff was supportive of the proposed improvements.
Malcolm MacGregor asked if the architecture could be improved upon. He felt that rebuilding a 1-story structure would be preferable.
Todd Christian, the applicant, felt that the proposed addition would be an improvement to the neighborhood.
Marc Garrett stated that they can rebuild the existing structure and that other structures in the neighborhood have peaked roofs and reduced setbacks. Mr. Garrett suggested that a condition should be added that the second floor is for storage only.
Tim Grandy felt that the proposed addition would be an improvement to the existing structure.
Larry Rosenblum felt that adding the second floor would not improve the character of the neighborhood.
Paul McAlduff moved for the Board to recommend approval to the Zoning Board of Appeals; the vote was (2-2) with Larry Rosenblum and Malcolm MacGregor in opposition. The motion did not carry.
BOA 3580 – EJ Pontiff, Inc
Off Black Cat Road, PID 090-000-016A-000 and 090-000-037A-011
Atty. Edward Angley and Mark Flaherty, Flaherty & Stefani, Inc. presented the request for a Special Permit subject to EDC for gravel removal in excess of 10 cubic yards in order to remove approximately 434,000 cubic yards of gravel in order to construct expanded cranberry bog operations. The 12 acre site abuts a 20.7 acre site where the applicant has created a tailwater recovery pond and a new cranberry bog. The truck traffic would exit the site through Micajah Pond Road to Federal Furnace Road. The applicant has received support from eleven members of the neighborhood and is agreeable to the conditions proposed in the staff report.
Marc Garrett expressed his concerns that the slopes on the site where the new cranberry bog and tailwater recovery pond have not been vegetated yet. Mr. Garrett requested that a condition be added to this petition that the stabilization must be completed prior to the disturbance of this site.
Paul McAlduff moved to recommend approval to the Zoning Board of Appeals subject to the following conditions:
The re-vegetation required in Case 3479 on the abutting lot (owned by the petitioner) that is not impacted by this proposal shall be completed prior to the initiation of any gravel removal associated with this petition.
Excavation of materials shall be allowed for a period of two (2) years from the start of excavation. The applicant shall notify the Building Commissioner prior to the commencement of work. Upon completion of the two (2) year period, the applicant shall have sixty (60) days to submit a written request to the Board of Appeals for an extension of the excavation period. The Board of Appeals may deny the request of the extension for the following reasons:
(a) Violations of the conditions of the original permit.
(b) The work site has been deemed abandoned by the Building Commissioner.
(c) Proper stabilization methods are not maintained.
(d) Documented violation of agreed upon truck routes.
The Petitioner has offered a gift towards the repair of the roadways in the vicinity of the project. A gift of $0.10/cubic yard of material removed ($43,400) for road repair in the vicinity of the project, to the Town of Plymouth, shall be offered prior to removal of more than 100,000 cubic yards from the property.
No earth work shall begin until the plans are revised, and these plans shall be subject to further review by the Planning Board prior to final approval by the Board of Appeals. The Petitioner has agreed to such revisions. Said revisions shall include:
- Add pockets of shrubbery plantings in addition to the erosion control measures included on the plans;
- Show where processing equipment, if any, will be located; describe equipment.
Evidence of recording of this Special Permit at the Plymouth County Registry of Deeds shall be presented to the Building Inspector, and the plans shall be recorded with the Special Permit.
The Petitioner shall submit an erosion control plan (and dust suppression measures if needed) to the Building Commissioner. Any exposed banks created by the excavation should be hydro-seeded or otherwise stabilized in a manner acceptable to the Building Commissioner and maintained for three years.
The excavation and trucking of material and/or noise generated by the excavation, operation, engine start-up and trucking of material shall be limited to Monday through Friday. The hours of operation shall be limited to 7:00 AM to 4:00 PM. No excavation activities shall be permitted on holidays.
The Petitioner shall be responsible for the clearing of any sand that accumulates on the truck route as a result of the excavation of material on a daily basis.
The Petitioner shall provide an “as-built” survey which verifies that no more than 434,000 cubic yards of material were removed.
The Petitioner shall provide temporary signs warning traffic of truck entry for safety, as determined by the Police Department and will be approved by the Director of Inspectional Services, if needed.
The Petitioner will notify the school system with respect to the truck route and coordination with bus routes.
A limit of 40 truck trips per day will be the maximum allowed for all earth removal operations for the projects. Every effort shall be made to phase the truck trips with the other local projects.
A heavy-equipment truck route shall be designated and approved by the Board of Appeals.
No excavation shall be larger than five (5) acres for earth removal, storage, and/or processing at one time. Prior to the commencement of excavation of any subsequent areas the preceding five (5) acre operation the preceding five (5) acre operation shall be stabilized either temporarily or permanently.
The Petitioner shall permanently stabilize any portions of the site that are not under construction after earth removal activities have ceased for a period of six (6) months.
A performance bond determined by the Town, and directly tied to the restabilization of the work site, shall be required in an amount equal to a documented, verifiable estimate of cost to vegetatively reclaim the work site according to the site plan and existing conditions site plan. The estimate shall include an adjustment for projected inflation or other predictable factors over the term of the permit plus one year.
Planting required for stabilization shall occur no later than October 31st.
The Building Commissioner or its duly authorized agent shall have access to the excavation site at all times in order to inspect the site to insure compliance with the approved site plan.
Monthly statements are to be submitted to the Building Commissioner from a Registered Professional Engineer stating that the conditions of the Special Permit are being followed, and providing tallies of earth removal to accurately determine the amount of gravel being removed.
The Petitioner agrees to a “no residential dwelling” restriction on the parcels of land subject to this Petition, provided that said restriction will not preclude construction or use for agricultural purposes, including but not limited to construction of the bogs, and pump houses, irrigation or drainage facilities, barns, or other such facilities for agricultural use, nor would any such restriction preclude access through this site or installation of utilities through the site for residential use on other land. The Petitioner also agrees to record an executed copy of the attached Covenant and Restriction, subject to acceptance as to form of the document by Town Counsel. Said restriction shall be recorded prior to the commencement of earth removal on the subject property.
Integrated Pest Management Techniques (outlined in the Department of Agriculture's guidelines entitled “Integrated Pest Management (IPM) Techniques Required for Regulations Governing Protection of Groundwater Sources of Public Drinking Water Supplies from Non-point Pesticide Contamination”) are to be utilized on the bogs.
If all of the above noted conditions are not adhered to the Building Commissioner may cause all excavation work to cease until the problems identified are corrected.
The vote was unanimous (4-0).
Other Business:
Marc Garrett informed the Board that Oliver Durrell will offer an amendment at Town Meeting to the article regarding the height of the buildings in the buffer zone in the Pinehills’ Development. The amendment would read as follows:
Height within the Neighborhood Green may be 50 ft. in the case of a flat roof or 55 ft. in the case of a sloping roof including ornamental structures normally constructed above the roofline such as cupolas and other appurtenances such as air conditioning units with the exception that height may not exceed 35 ft. within the 100 ft. to 200 ft. reduction of buffers or setbacks measured from major streets, limited access highways, and scenic streets and may not exceed 45 ft. from 200 ft. to 500 ft. reduction of buffers or setbacks measured from major streets, limited access highways, and scenic streets or within 500 ft. of the property line existing at the time of application for the master plan special permit for an Open Space Mixed Use Development separating the Open Space Mixed Use Development from the land not then in common
ownership or beyond 1200 ft. from any major street.
The Board endorsed two certificates of performance for Armstrong Road.
Form A Plan:
A4360 – Norman and Dianne Stillman and Knotty Pines Nominee Trust, 79 and 91 Knotty Pines Road, Map 86, Lots 3A (1.15 A) and 3B (0.40 A) – Lot Line Adjustment to create lots 3A-1 (36,665 sf) and 3B-1 (24,535 sf)
Malcolm MacGregor moved for the clerk to sign plan A4360 the vote was unanimous (4-0).
Paul McAlduff moved to adjourn at 9:30 p.m.; the vote was unanimous (4-0).
Respectfully Submitted,
Eileen Hawthorne Approved: April 26, 2010
Administrative Assistant
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