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Planning Board Minutes August 16, 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, Paul McAlduff, Larry Rosenblum, Tim Grandy, and Bill Wennerberg
Planning Board Alternate:  Kenneth Buechs
Staff Members: Valerie Massard
Recording Secretary: Eileen Hawthorne

Administrative Notes:
Minutes:
The Board approved the minutes of August 2, 2010.

The Board approved a covenant extension for B547 – Cordage Park.   

The Board determined that A4374 was entitled to endorsement.  
A4374 – Plymouth County Commissioners, Long Pond Road, Map 83, Lots 2F (57.55A) and 2-2A (1.64A) – lot line adjustment to create lots 2G (2.58 A) and 2H (56.64A)

Paul McAlduff moved for the Board to approve the Minutes of August 2, 2010; the covenant extension for B547 – Cordage Park and for the Clerk to endorse A4374; the vote was unanimous (5-0)

The Board determined that A4375 was entitled to endorsement.
A4375 – Pinehills LLC, Shutter Latch and Morning Stroll, Map 77D, Lots 10-465 (5047 sf), 10-487 (5278 sf) and A-221 (68394 sf) – divide into Lots 10-491 (6915 sf), 10-492 (6057 sf), 10-493 (4951 sf), 10-494 (5056 sf), 10-495 (5010 sf), 10-496 (5082 sf), 10-497 (5022 sf), 10-498 (6117 sf), 10-499 (6110 sf) and S-190 (28399 sf)

Paul McAlduff moved for the Clerk to endorse A4375; the vote was (4-0-1) with Bill Wennerberg in abstention.

Other Business:
Marc Garrett noted that the Attorney General has approved Spring Town Meeting Zoning
Articles 19, 22 and 39.

Land Use Permit Extensions:
Marc Garrett explained that Governor Patrick has signed the “Act Relative to Economic Development Reorganization”.  Effective immediately, the act automatically extends the duration of certain land use approvals by two years.  The two year extension applies to Special Permits, Subdivisions, Smart Growth Permits, etc.  

Public Hearing
        B566 – Smith RDD
Marc Garrett read the public hearing notice and opened the public hearing.
Atty. Richard Serkey, Winokur, Serkey and Rosenberg PC, and Joshua Bows, Merrill Associates Inc., presented the request for a special permit for Rural Density Development in order to subdivide lot 4-3 on Assessors’ Map 82 into five residential lots ranging in size from 1 acre to 2.25 acres with 6.40 acres of open space, a 27,927 sq. ft. drainage lot and a 2.27 acre driveway lot and for the creation of two Transfer of Development Right certificates.  The homes would be accessed through a single common driveway (600 ft. long) with a loop to access two of the five driveways.  The applicant is requesting two waivers: frontage requirements and slope adjustments.  A declaration of protective covenants and a homeowner’s trust will be drafted to protect the open space area.  The neighbors and abutters were invited to a pre-application meeting where they were shown the conceptual plan for the site.  Alternatives that were considered include two common driveways which would require significant tree removal and construction of retaining walls and a serpentine driveway with a hammerhead turnaround.  After meeting with staff and Beals & Thomas to review the conceptual plans, the current plan detailing the single driveway with looped area for access to two of the lots, the drainage area and two open space lots was drafted.  The drainage would consist of vegetative swales, sediment traps, and leaching pits.  
Valerie Massard noted that the subdivision concept arose when DPW approached the residents on East Russell Mills Road about paving the road and securing a drainage easement on this property.  The applicant and the Town DPW are still in negotiations regarding the drainage easement and maintenance of the drainage area.  The proposed 8 percent grade for the common drive is an improvement over the previously proposed 10 percent grade and will preserve existing trees.    Ms. Massard also noted that the current open space layout is a result of the applicant working with the neighbors and the Town.  Ms. Massard stated that the applicant is applying for less density than could be achieved on the site and staff suggested creating two TDR certificates and waiving the TDR appraisal requirements.
Larry Rosenblum suggested adding building envelopes on the plan to define “no cut” areas on the individual lots.  
Ms. Massard suggested that conditions could be added that would require the building envelopes to be shown on the final plan and individual site plan review as each site is developed.  
Paul McAlduff noted that retaining substantial buffers will mitigate the noise from the M Road and Route 3.   
Marc Garrett suggested limiting the driveway lot from any development and adding language to the deeds that would limit common use areas.  Mr. Garrett asked what level of storm the drainage lot has been designed to handle.  
Mr. Bows replied that the drainage lot has been designed to handle a 100 year storm.  
Public Comment:
In Favor:  Scott Petersen spoke in favor of the project and suggested that the Town require bonding for potential road damage.
In Opposition:  None
Larry Rosenblum suggested configuring the common driveway so the individual driveways go off a single loop.    
Tim Grandy wanted to insure that the driveways remain private in perpetuity.    
Mr. Garrett suggested that language or a condition be added to the decision that would provide protection for the Town in regards to damage of the surrounding roadways.   
Atty. Serkey suggested that a covenant could be created that would require inspection of the road conditions prior to the release of each lot and the ability to withhold the lot release until any road damage is fixed.
Ms. Massard noted concern that a covenant would only cover the common driveway, not any off site mitigations.  
Atty. Serkey suggested adding language to the covenant that the developer is responsible to repair any damage to East Russell Mills Road that is attributable to the project.    
Mr. Rosenblum suggested that in order to protect the character of the development the decision should define what can be removed along the driveway construction as well as defining the building envelope on each site.  
Bill Wennerberg expressed his concerns with the proposed 2:1 grading on the site.
Mr. Garrett expressed his support for the 2:1 grading, noting the saving of trees, and expressed concern that adequate stabilization, revegetation and erosion control measures should be carefully thought out for this project.  
Ms. Massard suggested a condition that requires the developer to stake the common and individual driveway grading areas.
Mr. Bows explained that the graded areas could be covered with fabric or loam and seed with hay on top or bio-degradable matting.  
Tim Grandy asked if the drainage area would be constructed first so the construction does not run onto East Russell Mills Road.
Mr. Bows agreed to a condition that a construction and stormwater management plan be included with the final revised plans.   
Tim Grandy moved to close the public hearing; the vote was unanimous (5-0).  
Larry Rosenblum moved for the Board to approve the creation of two Transfer of Development Right (TDR) certificates and to approve the Special Permit for Rural Density Development subject to the following conditions:
A revised RDD special permit set of plans shall be submitted, which shall include:
  • the revised layout as proposed in the Conceptual Plan #4;
  • any revisions to drainage lots or easements as agreed to through discussions with the Department of Public Works;
  • updated drainage calculations, lot areas, lot numbering, building envelopes and related information;
  • shall address the concerns of the Town Engineer, Beals and Thomas and other advisory reports; and
  • shall include a construction plan for season-appropriate construction, slope stabilization and erosion control mechanisms to be utilized during construction, including appropriate phasing of the driveway, drainage structure, and tie-in to East Russell Mills Road;
  • and shall include landscaping plans for the cuts & fills associated with the driveway construction and slopes;
and is subject to final approval by the Planning Board prior to endorsement of the RDD special permit plans, and prior to endorsement of a plan as described in Condition number two below.
There shall be a subsequent Plan of Division of Land filing on the Petitioner Land under the Approval Not Required Process under Subdivision Control Law to create the lots as shown on the Plan.  The Planning Board waives the minimum 50 foot frontage requirement to zero (0) feet as shown on the plans, and finds that this is consistent with the RDD Special Permit and the subject property as a whole are configured in a manner consistent with the RDD Special Permit for this project.  
  • The Approval Not Required Plan shall make reference to this Special Permit or the Special Permit shall be recorded with the plan, and will reflect Condition Nos. 4 and 5 of the Special Permit with said reference as Notes on the plan.
Prior to endorsement of the ANR Plan: Conditional upon the payment of the back taxes, interest and fees owed to the Town, if any.  Verification of payment is to be provided to the Planning Board prior to endorsement of the plans.
Prior to endorsement of the ANR Plan, Five (5) sets of full sized copies of all drawings comprising the~RDD Plans 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 of recording of the ANR plan referenced above shall constitute substantial use of this special permit.
The RDD as approved is for no more than five (5) residential single-family dwelling units.  The Petitioner agrees to waive its right to further subdivide the subject property shown on the Plan pursuant to the provisions of Massachusetts General Laws, Chapter 41, and this shall be noted on the plan, as well as incorporated into the Protective Covenants and Restrictions or Deed Restrictions imposed by the Petitioner on the lots within the RDD development.  The term "subdivided" shall include the process of division of the lots into parcels by means of a plan not requiring approval under the Subdivision Control Law.  Notwithstanding this provision, the Planning Board may endorse the relocation of any lot lines when consistent with the intent and purpose of this restriction.  Said restriction shall be in place prior to the issuance of Building Permits.
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 subdivision plan, as well as incorporated into the Protective Covenants and Restrictions or Deed Restrictions imposed by the Petitioner on the lots within the RDD development.
The Planning Board has granted two (2) Transfer of Development Right Certificates under a separate decision, and nothing contained within this decision shall prevent said use of the Transfer of Development Right Certificates as described in the Bylaw.
Prior to any earth grading activities at the site, including driveway construction or issuance of any Building Permits, all open space and other no-disturb areas in the vicinity of any construction on the site will be staked off to the satisfaction of the Planning Board, and shall remain staked off until such time as a Certificate of Occupancy is issued.
Prior to issuance of a Building Permit, each building lot will be subject to individual site plan review by the Planning Board with respect to grading and drainage.
As agreed to by the Petitioner, the building lots subject to this Petition will be placed into a Covenant with the Planning Board that guarantees the work to be completed on the driveway will be consistent with the plans and that any damages to East Russell Mills Road attributable to the construction activities for new construction, including homes and the common drive, shall be repaired prior to release of any individual lot for final occupancy by the Planning Board.
Prior to issuance of an Occupancy Permit:
The common driveway shall be constructed, and utilities installed, as per the final approved special permit plans, subject to inspection and final approval by the Town of Plymouth Planning Board or its representatives with respect to standard inspections as would be undertaken with construction of a subdivision roadway under the Subdivision Rules and Regulations.  The Applicant shall provide peer review/consulting fees to the Town for these inspection services, including water connections.
Bounds at the corners of the open space Lots shall be installed to the satisfaction of the Planning Board.
The Petitioner shall record a homeowner’s trust and maintenance program, and to provide by way of easement, deed or through a separate covenant, the grant of any such land to the homeowner’s trust or the imposition of easements or rights for the benefit of the homeowner’s trust with respect to the driveway lot,  the open space lots, and any drainage facilities and appurtenances which may be in the ownership of the homeowners’ trust, which shall  be maintained by the homeowner’s trust,  in a form acceptable to Town Counsel.  
The common driveway within the driveway lot will not be plowed or maintained by the Town, and the common driveway is not a road.  The common driveway lot is for the purposes of supporting the driveway, drainage appurtenances, utilities and other associated functions of the common access, and shall be owned and maintained by the homeowners trust in a manner consistent with said use.  Structures or uses not associated with those listed herein are not allowed in the common driveway lot without the express consent of the Planning Board.
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(s), as noted in this decision.~ The open space is serving as a wooded natural buffer to neighboring residences and other uses 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 open space and driveway lot shall be subject to restrictions imposed in a Restrictive Covenant to be executed by the Owner or Deed Restriction, which shall contain the provisions set forth in this decision, subject to approval by Town Counsel.
  • Evidence that (1) the Protective Covenants and Restrictions or Deed Restriction(s) per the Conditions of this decision to be imposed by Petitioner on the subject property, approved as to form by Town Counsel; and (2) this Decision has been recorded with the Plymouth County Registry of Deeds shall be provided to the Planning Board.
  • On each individual lot, individual photosensitive lampposts will be installed within 25 feet of the common driveway.
The vote was unanimous (5-0).  

Ken Buechs recused himself from the following review and joined the audience.

Preliminary Subdivision
        Harald LLC/Home Depot Drive
Atty. Edward Angley and Philip Cordero, Allen and Major Associates presented a preliminary subdivision plan for property located at the end of Home Depot Drive.  The preliminary plan shows the division of lots 13, 48, and 49 on Assessors’ Map 89 into eleven building lots.  The lots could be developed for retail and/or industrial uses.   
Valerie Massard noted that the land was rezoned at Town Meeting in Fall, 2009 and is subject to an MOU.  As part of the agreement, approximately five acres of land will be donated to the Town for a well site.  Ms. Massard outlined the following concerns that will need to be addressed at the definitive plan stage:  
The Applicant shall address, to the satisfaction of the Town of Plymouth Board of Appeals, Condition No. 21 of the Special Permit issued to Viking Development Corporation in Board of Appeals Case No. 2895 dated March 29, 1999, which reads as follows:
“The area of land within the project area zoned Rural Residential will, as part of this permit, be left undeveloped as a buffer area, except for possible, future installation of an educational facility for use in astronomical and meteorological studies and experiments with final review and approval by the Board of Appeals.”
Said land includes a significant portion of Lot 48 on current Assessor Plat 89, and shown on the Preliminary Plans.  Please see attached “Schematic A,” which is a reduction of the Board of Appeals approved plan and shows the land zoned RR, primarily located on Old Lot 44 at the time of the BOA approval.  Old Lot 44 is now shown as Lots 46 and 48 on current (2009) Assessor Plat 89.  The Zoning changed from Light Industrial to Highway Commercial, and the Zoning Line has changed, from the time of the Board of Appeals approval.
Traffic improvements and mitigation shall be incorporated into the plans and definitive plan submittal as described in detail in the Memorandum of Understanding (hereinafter, the “MOU”) between the Town of Plymouth and Harald LLC entered into on or about October of 2009, attached hereto.  Said MOU includes the condition that Harald LLC shall prepare a Traffic Impact and Access Study (TIAS) at the time of development (Paragraph II, A, 1).
The plans shall be revised to accurately reflect the buffer areas as detailed in the MOU, Exhibit D.
The Applicant shall donate approximately 4.93 acres of land for protection of the Lout Pond Well as detailed in the MOU, Exhibit D.
The Applicant shall demonstrate cooperative efforts with the Town to address sewer capacity as detailed in the MOU.
A single page lotting sheet at a reasonable scale with title block, north arrow, scale, road widths, lot numbering, lot dimensions, areas, effective areas and setbacks shall be included with the Definitive Plan submittal.
A “Notice of Project Change” was submitted to the Massachusetts Executive Office of Energy and Environmental Affairs (EEA) in April of 2008 with respect to the project (EOEEA No. 11924).  The Applicant shall demonstrate, to the satisfaction of the Planning Board, compliance with the requirements of the EEA with respect to the proposed development.
Complete drainage improvements for the roadway should be depicted and should conform to the design requirements of the Town of Plymouth Subdivision Rules & Regulations (the “Rules and Regulations”) and the Town of Plymouth Stormwater Design Guidelines, which include a meeting with Town staff to discuss proposed stormwater design prior to fully engineering a design for submittal.
The issues of the Conservation Commission (memorandum dated August 4, 2010, see file), Plymouth Fire Department (memorandum dated August 4, 2010), Town of Plymouth DPW/Engineering (memorandum dated August 10, 2010).
Details of emergency access, if provided, are to be included, including a cross section, profiles and documentation as to associated legal rights.
Commercial roadway standards should be designed and shown as outlined by the Rules & Regulations.
All of the utilities should be shown as required by the Rules and Regulations.
A complete list of any waivers, if sought, shall be included with the application.
Paul McAlduff moved for the Board to “TO ACCEPT as a complete and accurate submission the preliminary subdivision plan of land entitled “Preliminary Subdivision Plans for Industrial Subdivision, Home Depot Drive (18 pages)” prepared by Allen & Major Associates, Inc. of Lakeville, Massachusetts, dated July 14, 2010, prepared for Harald, LLC, land located off Long Pond Road and Home Depot Drive and shown as Lots 13, 48 and 49 on Assessors’ Map 89 into eleven (11) building lots” with the above-mentioned comments to be addressed at the definitive plan stage; the vote was unanimous (5-0).  

The Board discussed ways to limit the construction of large residential structures on small lots.  Suggestions included a zoning change that would limit the percentage of increase of floor area to an existing structure; create design guidelines; seek the vision for these older beach and pond cottage communities from the Steering Committees as part of their Master Plan update; hold a community forum for input as to what the residents want their neighborhood to look like; and identify the carrying capacity of the existing infrastructure including exploring criteria for enlargement of pre-existing, non-conforming residences on undersized lots.

Tim Grandy moved to adjourn at 8:45 p.m.; the vote was (4-0-1) with Paul McAlduff in abstention.

Respectfully Submitted,




Eileen M. Hawthorne                                     Approved: August 30, 2010
Administrative Assistant