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
Staff Members: Valerie Massard
Recording Secretary: Eileen Hawthorne
Administrative Notes:
Minutes:
The Board approved the minutes of September 20, 2010 as presented.
The Board determined that the following Form A Plans are entitled to endorsement:
Form A Plans:
A4379 – Plymouth Conifer Realty Trust, Prestige and World Ways, Map 102, Lots 1 and 2A (14.01A) – Lot line adjustment to create lots 1A (4.0 A) and 2C (10.01A)
A4380 – Harald, LLC, Home Depot Drive, Map 89, Lots 13 (31.89A) and 48 (14.61A) – Lot line adjustment to create lots 13-1 (4.90A) and 13-2 (41.6A)
A4381 – William and Nancy Stearns and Elizabeth and James Marks, Federal Furnace Road, Map 99, Lots 3-10 (67,988 sf), 3-11 (30,173 sf) and 3-12 (112.0A) – Lot line adjustment to create lots 3-13 (84,894 sf), 3-14 (30,631 sf) and 3-15 (111.0A)
Larry Rosenblum moved for the Board to approve the Administrative Notes as presented; the vote was unanimous (5-0).
Presentation - DPW
Street Acceptances for Fall Town Meeting
Sid Kashi, Town Engineer and Russell Firth, Town Surveyor, will be presenting the following roads for street acceptances at Fall Town Meeting:
Corner of Carver Road and Summer Street – An easement was given to the Town by the developer to allow for future widening of the road, improving site distances, and signalization.
River Run Way – This newly constructed road connects Bourne Road to Wareham Road. An MOU between the developer and the Town will address the maintenance of landscaping, trash pickup, etc.
Marc Garrett read an e-mail from Oliver Durrell that expressed his concerns with youth using the River Run Way as a drag track. Mr. Durell suggested that the developer install temporary speed bumps.
Atty. Richard Serkey stated that police fire and emergency services are supportive of the new road as it provides public safety access to a remote section of Plymouth.
Loring Blvd – This road is the entrance to Cordage Park and is part of a Chapter 40R development. The Town has applied to the State for funding of the infrastructure under the Community Development Action Grant (CDAG). An MOU will be drafted to outline the responsibilities for the maintenance of the road.
Commerce Way at Plaza Way and Colony Place - The developer has granted an easement to the Town for the sidewalks and signalization.
Larry Rosenblum asked if there are any costs associated with the acceptance of the land.
Mr. Kashi replied that the easements are gifted by the developers; therefore there is no cost to the Town.
Paul McAlduff moved for the Board to recommend acceptance of the roads to the Board of Selectmen; the vote was unanimous (5-0).
BOA 3605 – Timothy Gagne
5 Robert J Way, Map 83, Lot 23-40
Timothy Gagne presented his request for a special permit in order to operate a recreational use in a Light Industrial zone. Mr. Gagne is proposing to open Bay State Cross Fit - a strengthening and conditioning program through competitive events and workouts that include weight lifting, gymnastics, and cardio.
Valerie Massard noted that the special permit is required for a change of use in the Light Industrial zone. The property is located at the corner of Robert J Way and Camelot Drive.
Larry Rosenblum moved to recommend approval to the Zoning Board of Appeals; the vote was unanimous (5-0).
BOA 3604 – Jeffrey Kapell
420 Billington Street/Map 89, Lots 4-1B, 4A, 5-10 & 5-11
Marc Garret recused himself from this hearing and left the room.
Bill Shaw, Associated Engineers and Atty. Richard Serkey presented a request for a special permit subject to EDC for gravel removal in order to remove approximately 500,000 cubic yards of gravel for the construction of a tailwater recovery pond. The tailwater recovery pond will improve cranberry bog management operations and will enhance the habitat and quality of water for Billington Sea and Cookes Pond. As part of the project Lot 4A on Map 89, a 15.5 acre parcel adjacent to Cookes Pond, will be conveyed to Massachusetts Fish and Wildlife. The tailwater recovery pond will also provide more flexibility for water management on Little South Pond. The petitioner waited for the Black Cat/Meharg gravel removal operation to be completed before submitting his petition in order to eliminate overburdening the surrounding
roadways. The tailwater recovery pond will be 1/3 the size of the cranberry bogs that it services, will have two pumps, the 2:1 slopes will be graded within 25 ft of the lot lines and will be planted with a mix, 100 ft. of pavement will be installed at the entrance to the operation, and the project has already been approved by the Conservation Commission.
Larry Rosenblum asked what the depth of the pond would be.
Mr. Shaw stated that it would be a 12 ft. to 14 ft. minimum.
Tim Grandy asked about a comment in the Town’s Engineers report regarding the impact to Billington Street.
Mr. Shaw stated that they will be photographing the existing conditions of the road and will repair any damage that is a result of their operation.
George Rogers, A. D. Makepeace stated that the truck route would be along Billington Street to Westerly Road and Route 3.
Mr. Grandy asked whether the petitioner has considered a gift to the Town.
Jeffrey Kapell stated that given the reduced price for the land transfer to the State, extinguishing deeded water rights to Cookes Pond, and the wildlife protection he has not considered an additional gift to the Town.
Valerie Massard noted that if a bond is required for road damages, the Building Department will oversee the repairs.
Larry Rosenblum asked if the pond was not needed in fifty years what would happen to the area.
Mr. Shaw replied that the pond would remain and the slopes would probably be covered with pine trees and native plants.
Bill Wennerberg asked what material would be at the bottom of the pond.
Mr. Shaw replied that the bottom of the pond would be sand.
Paul McAlduff asked whether the petitioner would keep the gravel.
Mr. Rogers stated that the first 30 yards would be used on the abutting A. D. Makepeace bogs and a portion would be used for maintenance sand. The remainder will be moved off site.
Ms. Massard noted that the petitioner has scheduled a meeting with the West Plymouth Steering Committee.
Tim Grandy moved for the Board to recommend approval to the Zoning Board of Appeals subject to the following conditions:
Excavation of materials shall be allowed for a period of two (2) years from the start of excavation. The Petitioner shall notify the Building Commissioner prior to the commencement of work. Upon completion of the two (2) year period, the Petitioner 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:
- Violations of the conditions of the original permit.
- The work site has been deemed abandoned by the Building Commissioner.
- Proper stabilization methods are not maintained.
- Documented violation of agreed upon truck routes.
No earth work shall begin until the plans are revised, and these plans shall be subject to final approval by the Board of Appeals. The Petitioner has agreed to such revisions. Said revisions shall include:
- Include a planting plan for stabilization of the disturbed slopes which includes adding pockets of shrubbery plantings in addition to the erosion control measures included on the plans; and
- Show where processing equipment, if any, will be located; describe equipment.
Prior to the start of any earth removal which shall use Billington Street as an exit route (“the initial inspection”), and prior to the start of the second phase of earth removal at the property (“the two year inspection”), the Petitioner shall meet with the DPW and Building Commissioner to perform an inspection of Billington Street, which is the anticipated primary truck route, or other approved ways as approved by the Board of Appeals for the exiting truck route, to visually document the condition of the roadway.~ If the two year inspection results in findings of specific damage or potential exacerbation of existing problem areas in the roadway or associated drainage structures directly attributable to fully-loaded gravel truck traffic and which were not present at the time of the initial inspection, the
Petitioner shall make reasonable repair of Billington Street prior to the start of the second phase.~ Within 21 days of completion of earth removal activities, the Petitioner shall also perform an inspection (“the final inspection”) with the DPW and Building Commissioner of Billington Street (or other approved exiting truck route), and shall make reasonable repairs of specific damage in the roadway or associated drainage structures directly attributable to the project's fully-loaded gravel truck traffic within 45 days of the start of construction season or during the existing construction season (whichever shall commence soonest).
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 500,000 cubic yards of material were removed (as measured at bank face).
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.
Prior to the start of work in each phase, a heavy-equipment truck route shall be designated and approved by the Board of Appeals. Consideration of alleviation of truck trips through the neighborhoods located on nearby cranberry bog gravel truck routes, and coordination with the Town of Plymouth DPW with respect to road conditions, will be addressed by the Petitioner in determining the proposed routes, which shall be brought before the Board of Appeals on an informal basis for approval.
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.
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:
B543 – River Run
River Run Way- tentative
Valerie Massard explained that this item will be rescheduled for a future meeting.
A.D. Makepeace
Notice of Project Change – Tihonet Mixed Use Development
Valerie Massard explained that A.D. Makepeace has filed for a project change with MEPA and a comment letter has been drafted and reviewed by Mr. Garrett. A portion of the project is in Plymouth with the remainder in Carver and Wareham. The project change in the Plymouth area is a potential Transfer of Development Rights in the Frog Foot Area which would preserve an area that is difficult to access. They are also changing their phasing, adding a solar use and expansion of uses in Wareham. Ms. Massard noted that A.D. Makepeace will give the Board an update at a future meeting.
Paul McAlduff asked if the TDR was approved, would it prohibit a wind farm on the property.
Ms. Massard stated that there would be a conservation restriction on the property which could prohibit wind turbines.
Larry Rosenblum moved for the Chair to endorse the comment letter; the vote was unanimous (5-0).
Marc Garrett noted that the Board received CD’s with the draft site plan guidelines. Mr. Garrett asked the Board to review and comment on the document.
Tim Grandy moved to adjourn at 8:08 p.m.; the vote was unanimous (5-0).
Respectfully Submitted,
Eileen M. Hawthorne Approved: November 1, 2010
Administrative Assistant
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