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: Ken Buechs
Staff Members: Lee Hartmann, Valerie Massard and Patrick Farah
Recording Secretary: Eileen Hawthorne
Administrative Notes:
B562 – Village at South Street – Street Name Approval* and Lot Release*
*On file with the Office of Planning and Development in project case files.
Site Plan dated September 1, 2009, revised through February 11, 2011
The Board approved the street name of “Hat Trick Drive” and a lot release for building purposes only for lots 62D-7 and 62D-8 in the B562 – Village at South Street subdivision.
The Board received the following documentation* for review of this plan:
Memo from Valerie Massard dated March 2, 2011
Site Map and ANR plan dated January 20, 2011
The Board determined that the following Form A plan is entitled to endorsement:
A4393 – Inhabitants of Plymouth County, 67 Obery St., Map 26, Lot 44-5 (87.83A) – Divide into 44-7 (2.8A), 44-8 (5.75A), 44-9 (69.16A), and 44-10 (10.12A)
Bill Wennerberg moved for the Board to approve the lot release for lots 62D-7 and 62D-8 and to approve the street name of Hat Trick Drive for B562 – Village at South Street and for the Board to determine that Form A plan 4393 is entitled to endorsement; the vote was unanimous (5-0).
BOA – 3625 – John T and Denise Kedian
197 Roxy Cahoon Road, Map 57, Lot 60A-20
Special Permit to waive the side setback requirements in order to construct a 10’x30’ screened porch with wood deck above with 4’ wide steps off deck (4/6)
The Board received the following documentation* for review of this case:
Draft Staff Report
Letter of support from Donald Raymond dated September 28, 2010
Site Maps and Photographs
Site Plan dated January 6, 2011
Elevation and Architectural Plans dated January 6, 2005
Bill Wennerberg recused himself from the review of Board of Appeals Case No. 3625.
Paul McAlduff moved for the Board to recommend approval to the Zoning Board of Appeals;
The vote was (4-0).
Public Hearing
B401 - Firehouse Road Modification
The Board received the following documentation* for review of this case:
Staff Report dated March 3, 2011
Letter from Associated Engineers dated January 31, 2011
Access Improvement Discussion
Letter from Associated Engineers dated May 12, 2010
Release of Covenant Dated August 26, 1997
Site Maps and Photographs
Plan of Proposed Catch Basin and Easement Relocation dated December 2, 2010
Marc Garrett read the public hearing notice and opened the public hearing.
Seated: Marc Garrett, Paul McAlduff, Tim Grandy, Larry Rosenblum and Bill Wennerberg
Atty. Lloyd Rosenberg and Bill Shaw, Associated Engineers of Plymouth Inc., presented a request to modify B401 – Firehouse Road subdivision by relocating a drainage easement from land of others on Firehouse Road to lot 4-6 and allowing lots 4-6 and 4-7 to both be considered building lots. To use the drainage area, a minor redesign of the road, and the re-grading to a super elevation on the right hand side of the road is needed in the event of future paving. The new design resizes the easements which can be deeded to the Town or separate drainage lots could be created. There are three drainage easements should the road be paved in the future.
Valerie Massard reviewed the location and the history of the site which is off Bourne Road at the Fire Station:
1989 After a public hearing, on May 24, 1989, the Planning Board voted to Modify and Approve a Subdivision Plan which created 4 residential building lots (one of which contained and existing residence) out of one existing parcel and included access improvements to Firehouse Road in this rural portion of Southern Plymouth. In its deliberations, the Board explored both paved and unpaved improvements to create safe 1,500–foot access from Bourne Road as well as, drainage improvements/easements, emergency vehicle turnaround, and widening of the traveled way. Abutters expressed an interest in keeping the road unpaved. The Board approved widening and improving the gravel way, without pavement (but with some limited paving around the existing, privately owned low areas adjacent to the traveled way that
already receive drainage fro the way. The improvements would provide access for two building lots gaining their frontage on the improved Firehouse Road (Lots 4-6 and 4-7 as shown on the approved plan). The approved subdivision plans are recorded in Book 33, Page 131 of the Plymouth County Registry of Deeds, and show a series of private easements along Firehouse Road.
1997 After the approval in 1989, the Proponent did the required widening and turnaround, and met with the private property owners along the traveled way to discuss the drainage easements as shown on the plan. The Proponent later advised the Planning board that their negotiations to obtain individual private easements (as shown on the approved plans) had been unsuccessful. In light of this, and after a public hearing, on July 30, 1997, the Planning Board voted to approve a modification of this subdivision in order to waive certain access improvements to Firehouse Road. The1997 approval allowed release of both of the new lots fronting on Firehouse Road as one building lot (4-6 and 4-7, roughly 2.4 acres), in exchange for these limited improvements. Abutters expressed support for leaving the road a
gravel way with limited improvements due to concerns about safety and maintaining rural character. Three trees and stumps located near the traveled way were to be removed as a condition of said release. The drainage easements, although not created, remain on the recorded plans.
Public Comment:
In Favor: None
In Opposition: None
Marc Garrett asked how the drainage lot work as far as enforcement.
Lee Hartmann explained that with an easement the rights to use would need to be deeded to someone and there is no one to deed the rights to at this time. A separate drainage lot could be risky because if the owner fails to pay the taxes, it could eventually be taken by the Town.
Tim Grandy asked if the road was an unaccepted private road and who would maintain the leaching galleys.
Bill Shaw replied that it is an unaccepted private road and if the road was paved and the drainage installed, the residents would be responsible for maintenance.
Larry Rosenblum asked if the liability would fall with the Town.
Mr. Hartmann stated that there is no requirement for the Town to take the property for non-payment of taxes. It could remain privately owned. There are no improvements proposed at this point, but the road could not be improved without drainage.
Mr. Garrett asked if the request was for one additional lot.
Mr. Shaw confirmed that the proposed plan was for one additional lot and noted that there are no drainage issues on Firehouse Road at this time.
Paul McAlduff asked how long the process would be for a tax taking and if the Town would be obligated to install the drainage.
Mr. Hartmann stated that the Town would be under no obligation to install the drainage and a tax taking can take three to four years from the time the owner stopped paying taxes.
Larry Rosenblum was concerned that in return for the creation of an additional lot, the town would become liable at some point for the drainage lot.
Valerie Massard noted that the Town could convey a drainage lot to whoever would take over the maintenance of the road.
Paul McAlduff moved to close the public hearing; the vote was unanimous (5-0).
Bill Wennerberg moved for the Board to approve the Modification of B401 – Firehouse Road subdivision in order to create drainage lots and to release the second lot for building purposes subject to the following conditions:
The Applicant agrees to the endorsement of the plans 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.
Prior to endorsement of the plans, the plans will be modified to incorporate the drainage easements into drainage lots, either through a subsequent Plan of Division of Land filing on the subject property under the Approval Not Required Process or as a Modified Subdivision Plan under Subdivision Control Law (the “Plans”). The Plans shall make reference approved subdivision plans recorded in Book 33, Page 131 of the Plymouth County Registry of Deeds and to this Decision.
Prior to a release of covenant for lots 4-6 and 4-7 as two separate building lots:
Evidence shall be provided to the Planning Board that the Plans have been recorded with the Plymouth County Registry of Deeds.
Four (4) sets of full size copies of all drawings comprising the 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.
Conditional upon the payment of the back taxes, interest and fees owed to the Town for this property, if any, as may be evidenced by a Municipal Lien Certificate.
The vote was unanimous (5-0).
Appointment
B486 – Village Crossing
Drainage – Retention Pond 6
The Board received the following documentation* for review of this case:
Memo from Patrick Farah dated March 2, 2011
Site Maps and Photographs
Lee Hartmann began the discussion for the B486 - Village Crossing stormwater issue. The project has been taken over by the Bank of Canton and many improvements have been made to the developement. However, there has been an ongoing issue with drainage and water run off to O’Toole Road and Beaver Dam Road. Staff has requested that the developer and their engineers work with the Town and the Town’s consulting engineer to determine exactly what is occurring and how to resolve the issue.
Patrick Farah stated that staff has received many phone calls from abutting neighbors regarding their concerns with flooding. Staff is requesting that an action plan be created with language regarding what has been completed, what remains to be done, and drainage calculations and design for the entire project, not just individual phases.
Mr. Hartmann noted that DPW has cleaned out a catch basin and drainage area which has helped a little, but a determination needs to be made as to what is causing the flooding on the abutting properties.
Marc Garrett stated that he, staff, the Town’s engineering consultant, and the Bank’s representatives and engineers met in the field today to assess the situation in order to determine where the deficiencies are and what needs to be done to resolve the issue.
Matthew Watsky, Bank of Canton, stated that the meeting today included a frank discussion about the issues and he is willing to help coordinate a meeting with the engineers to discuss the big picture and the water issues.
The following residents expressed their frustration and concerns regarding the water issues on O’Toole Road and Beaver Dam Road:
Jack Davis, 27 Beaver Dam Road
Christopher Lodge, 11 O’Toole Road
Martha Anderson, 14 O’Toole Road
Jonathan Pejouhy, 33 Beaver Dam Road
Joe Ryan, 7 and 9 O’Toole Road
Dorothy Larson, 12 O’Toole Road
The residents acknowledged the improvements that the Bank of Canton has made since taking over the subdivision. However, they are concerned with consistent flooding, erosion that is a result of the flooding, and property damage.
Larry Rosenblum noted that the causes of the problems may be complex and it could be difficult to assign responsibility.
Mr. Hartmann stated that the first step is to look at what Village Crossing is doing and if improvements can be made to address the problem. The Town’s Engineer could be brought in if necessary. Some of the drainage has been redirected and catch basins that were closed have been reopened. The solutions for this issue may be complex.
Tim Grandy stated that the pictures that were provided in the Board’s packets span from 2007 to the present and clearly show a water issue on the abutting properties. Since O’Toole Road is a private, unaccepted road, the Town is only able to provide emergency repairs and address life threatening issues.
Bill Wennerberg suggested that one option could be to direct the water to a different watershed.
Lee Hartmann stated that diverting the water to two other drainage areas would help.
Mr. Garrett stated that the engineers have to work together to resolve the issues. He suggested that the proponents return in 30 days with a report on their findings.
Tim Grandy moved for the Board to schedule an appointment on April 11, 2001 at 7:10 p.m. to review the results of the engineers meetings; the vote was unanimous (5-0).
Tim Grandy moved to adjourn at 8:27 p.m.; the vote was unanimous (5-0).
*On file with the Office of Planning and Development in project case files.
Respectfully Submitted,
Eileen M. Hawthorne Approved: March 21, 2011
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