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:
Minutes:
January 24, 2011 (MG, PM, LR, TG)
Paul McAlduff moved to approve the minutes of January 24, 2011* as presented: the vote was (4-0-1) with Bill Wennerberg in abstention.
January 31, 2011 (MG, PM, LR)
Paul McAlduff moved to approve the minutes of January 31, 2011* as presented; the vote was (3-0-2) with Tim Grandy and Bill Wennerberg in abstention.
February 14, 2011 (PM, TG, BW)
Paul McAlduff moved to approve the minutes of February 14, 2011* as presented; the vote was (3-0-2) with Marc Garrett and Larry Rosenblum in abstention.
B437 – Pinehills LLC – Covenant Release* for Shutter Latch and Painted Cottage (revised lot numbers)
Tim Grandy moved for the Board to approve and endorse a release of lots 10-484, 10-485, 10-486, 10-488, 10-489, and 10-490 from the covenant for Shutter Latch and Painted Cottage; the vote was (4-0-1) with Bill Wennerberg in abstention.
B547 – Cordage Park - 40R Permit Extension
Paul McAlduff moved for the Board to grant the one year extension request* of the “The Seaport at Cordage – Phase I Site Approval” with all previous conditions and requirements remaining in full force and effect; the vote was unanimous (5-0).
Presentation
Community Preservation Committee
Spring Town Meeting Articles*
Bill Keohan, Jeff Metcalfe and Randy Parker presented the Community Preservation Committee’s (CPC) request to Spring Annual Town Meeting under Article 16A for the appropriation of $1,500,000 as a grant to the Simes House Foundation Inc. (SHFI) for historic, preservation, restoration and rehabilitation of the Simes House. The Board of Selectmen and Advisory and Finance Committee have supported the proposed article. The third floor of the building would have community housing, the second floor would be office space for lease and a conference room and the first floor would have public meeting space, a museum and kitchen facilities for events. The site would become a village center for the Manomet area. If the project is not completed, the funds appropriated would be reimbursed to the Town. The
expectation is that the project would be completed by October 2013.
Tim Grandy moved for the Board to support Article 16A at Spring Annual Town Meeting; the vote was unanimous (5-0).
Committee Appointments
Plymouth Center Steering Committee
Paul McAlduff moved to appoint James Benedict to the Plymouth Center Steering Committee for the term that will expire June 30, 2012; the vote was unanimous (5-0).
A letter* received after the deadline from Nina Peters was read into the record by Marc Garrett. The available positions have been advertised in the newspaper on two separate occasions.
Larry Rosenblum moved for the Board to accept Ms. Peters’ letter of application and appoint her to the steering committee position that will expire June 30, 2011; the vote was unanimous (5-0).
Public Hearing
B567 – Home Depot Drive Extension
The Board received the following documentation* for review of this case:
Draft Staff Report
Site Map and Photographs
Street Name Approval
Waiver Request
Engineering Comments dated January 26, 2011 and August 10, 2010
Fire Department Comments dated January 25, 2011
Copy of Preliminary Subdivision vote dated August 17, 2010
Schematic A
Copy of Memorandum of Understanding (MOU) between Town and Harald LLC
Site Feasibility Plan dated March 23, 2009
Planning Board Recommendation to Town Meeting for Article 18, 2010 Special Town Meeting
Definitive Subdivision Plan dated December 23, 2010
Marc Garrett read the public hearing notice and opened the public hearing.
Seated: Marc Garrett, Tim Grandy, Paul McAlduff, Larry Rosenblum and Bill Wennerberg
Valerie Massard presented the plan for a definitive subdivision on land that is in the Highway Commercial Zone. A Honda dealership is currently under construction on the former MPG site and this plan would create a lot to be used by Honda for vehicle storage. The subdivision plan shows a roadway which will be used to create frontage for one lot and not be built at this time. Access to the site will be through a short connection to the existing truck route for Home Depot. Under the existing MOU that was part of the rezoning of this area to Highway Commercial, traffic mitigation, proper installation of approved mitigation strategies, and sewer capacity will be addressed when additional development occurs and are not triggered by this proposed project. The land for aquifer protection per the MOU is to
be deeded to the Town. Ms. Massard suggested that the applicant should also address the Fire Department’s and Town Engineer’s concerns regarding emergency access/turnaround, management of stormwater, putting the road name “Honda Drive” on the plan, and altering the shape of the lot to have proper width and conform to zoning. Any agreements under this subdivision plan should be incorporated into the MOU with the Selectmen to protect the Town and the applicant.
Larry Rosenblum asked why the site for the Honda dealership was not adequate and why additional land is needed.
Atty. Edward Angley stated that it was always anticipated that additional land would be needed for vehicle storage.
Paul McAlduff asked if the vehicle storage use was abandoned could the land be used for retail space.
Ms. Massard replied that the land could be changed to retail.
Atty. Angley stated that if the use changed, the road would have to constructed, waivers would be abandoned and the traffic mitigations would be required.
Marc Garrett requested that a condition be added that the applicant would return with a final design.
Ms. Massard suggested that a site plan review could be scheduled.
Paul McAlduff suggested that the applicant consider provisions for snow removal.
Public Comment:
In Favor: None
In Opposition: None
Paul McAlduff moved for the Board to approve B567 – Home Depot Drive Extension subject to the following conditions and attached waivers:
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.
Conditional upon the provisions of a performance guarantee in the form of a covenant duly executed and approved, to be noted on the plan and recorded with the Plymouth County Registry of Deeds. This covenant shall not apply to the remaining land, only to the new Lot 13-3 as shown on the plan. Said form of guarantee may be varied from time to time by the Applicant with mutual agreement on the content of said guarantee by the Applicant and Planning Board without amendment or modification of this approval.
The Applicant agrees to complete all ways and the installation of all municipal services in accordance with the applicable rules and regulations of the Planning 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 within two (2) years the approval of, the plan may be automatically rescinded.
The Applicant agrees that it will guarantee to protect, repair, replace, and where necessary, and 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.
The Applicant agrees to provide a maintenance program for stormwater facilities at the road, drainage lots and roadway areas to be maintained, with a statement as to what party is responsible for said maintenance.
Prior to endorsement of the plans:
The plans and drainage designs will be revised subject to final approval by the Planning Board prior to endorsement of the plans, and shall address the issues raised in the advisory comments from Beals & Thomas, the Fire Chief and the DPW Engineering Division to the satisfaction of the Planning Board.
The approved road name, “Honda Drive,” shall be added to the plan.
Lot 13-3 shall be modified to show width of 200 feet in conformance with the Zoning Bylaw, and dimensions and lot areas on the plans shall be adjusted accordingly.
Prior to the issuance of a Building Permit:
The site plans for the proposed parking lot for the Honda Dealership on proposed Lot 13-3 shall be presented to the Planning Board for approval and shall demonstrate consistency with the Aquifer Protection Section 205-57 of the Zoning Bylaw at the time of the site plan filing, and shall show adequate maneuvering for emergency vehicle turnaround as shown on the Definitive Plan.
Applicant should touch base with EEA to confirm that no modification to the MEPA filing for the Home Depot Plaza (EOEEA No. 11924) is necessary, and report back to the Planning Board with the results of that conversation.
Prior to a release of covenant (see Condition No. 2):
Evidence shall be provided to the Planning Board that the Definitive Plans have been recorded with the Plymouth County Registry of Deeds.
Four (4) sets of full size copies of all drawings comprising the definitive plan with one complete set of reproducible plans (mylars), one (1) full-sized lotting sheet, and one (1) electronic copy of the plans in a format acceptable to the Town Engineer shall be delivered to the Planning Board.
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 items in the MOU Section IV. WATER PROTECTION, including conveyance of the ±4.93 acre parcel, deed recordings and access easement shall be completed by Harald LLC in accordance with the MOU between Harald LLC and the Town of Plymouth dated October 2009. Evidence of recording of ANR plan (Planning Board ANR Plan No. 4380), deeds and access easements shall be provided to the Planning Board. The offer of same to the Town for its acceptance shall be made prior to the issuance of an Occupancy Permit for the proposed Honda dealership parking lot parcel subject to this decision.
The vote was unanimous (5-0).
BOA 3623 – Plymouth Regional Economic Foundation, Inc.
Hedges Pond Road, Map 55, Lot 25
Modification of Special Permit 3454 subject to EDC, in order to excavate materials and to amend requirements and conditions
The Board received the following documentation* for review of this case:
Draft Staff Report
Letter to Atty. Robert Betters from Zoning Board of Appeals dated February 5, 2009
Letter to Zoning Board of Appeals from Atty. Betters dated January 23, 2009
Preliminary Subdivision Grading Plan dated July 3, 2007
Engineering Comments dated January 26, 2011
Letter from Associated Engineers dated January 20, 2011
Board of Appeals decision dated January 10, 2010
Site Map and Photographs
Topographic Update Plan, dated January 14, 2005
Proposed Easement Plan of Land dated December 16, 2009
Atty. Robert Betters presented a request to modify a special permit BOA No. 3545 in order to increase the amount of material to be removed and to amend related requirements and conditions from the approved 400,000 cubic yards to 570,000 cubic yards. The additional gravel to be removed is the result of Town Meeting action and the Planning Board’s request to modify the subdivision plan by creating tiered grading to preserve the viewsheds and to remove a proposed berm by seeking reciprocal drainage easements with the Town’s abutting property. The Cedarville Steering Committee has reviewed the plan and is supportive. In response to the DPW’s memo, Atty. Betters offered the following comments: a requirement for the inspection of Hedges Pond Road to determine the impacts from this project is not
realistic given the volume of existing traffic and other gravel removal projects in the area; the condition that limits the number of truck trips to 40 per day will not impact the road beyond normal use; the increase of 170,000 cubic yards is not a significant increase; and the Foundation is a non-profit entity and all revenues from this project will be re-invested in the community to increase the commercial/industrial tax base of the Town and to create jobs.
Valerie Massard noted that during the public hearing process, there was discussion about preserving wooded buffers around the project and avoiding the creation of a berm abutting the Town’s property. The reciprocal drainage easement will eliminate the need for the berm between the drainage areas. The existing special permit has been extended by the Board of Appeals and the Building Commissioner has had no issues with the project to date. There were no conditions in the original special permit that would require a gift to the Town.
Paul McAlduff asked why it is taking so long to remove the gravel and when something would be built.
Atty. Betters replied that the limitation of 40 truck trips per day and the current economy has slowed the need for material. A two-year extension has been granted by the Board of Appeals. The economy will dictate when something will be built.
Tim Grandy asked if the Foundation is willing to make repairs to the road if it was determined that the project created damage to the road.
John Moon, Kingstown Corporation, stated that a bond has been posted as a condition of the special permit that would provide funds to fix any road damage.
Paul McAlduff moved for the Board to recommend approval to the Board of Appeals subject to the following conditions:
All prior conditions in Case 3454 remain in full force and effect.
No more than approximately 570,000 cubic yards of material will be removed from the site, in total, with respect to this modification.
Larry Rosenblum asked if the scenic issues have been diminished by the proposed changes.
Ms. Massard stated that there are views from every direction. The project was designed to provide a fairly wide buffer, a berm, and installation of plantings. The work proposed is in compliance with the original permit and the preliminary subdivision plan. The additional gravel removal allows the creation of a plan that protects the buffer areas.
The vote was unanimous 5-0.
BOA 3624 – Stephen J and Carol S Almeida
20 Columbus Road, Map 102, Lot 8B-2B
Special Permit under Wind Energy Conversion System (WECS) in order to construct a 79 ft. wind generator
The Board received the following documentation* for review of this case:
Draft Staff Report
Site Map and Photographs
Copy of e-mail dated January 4, 2011 from Tom Maher, Airport Manager
Project Notice to Federal Aviation Administration
Copy of Letter from Sergio Quadros dated February 2, 2011
Turbine Specifications
Certificate of Compliance
Maintenance and Inspection schedule
Memo from Atlantic Design Engineers Dated Janaury 20, 2011 re: Noise levels
Map showing distance to ambient noise data
Preliminary Site Plan dated January 7, 2010
Map depicting proposed fall zone
James Sweeney, presented a request for a special permit under Wind Energy Conversion System (WECS) in order to construct a 5 kw, 79 ft. high wind turbine with associated infrastructure. The power generated would be used on site. The manufacturer would install the unit. The electrical connections would be installed by Glynn Electric and comply with NStar’s regulations. The smaller units don’t require much space, operate in lower winds, are better than propeller type turbines, reduces bird and bat kills, eliminates ice sling and flicker issues, have a lower noise emission, and a longer lifespan. Sustainable New Energy has entered into a 25 year lease for the proposed turbine and will be responsible for any removal expenses.
Patrick Farah reviewed the general conditions in the staff report and handed out a letter from Clean Energy stating that the energy produced will be used on site and not sold to a third party. A letter has also been given to staff stating that an account will be created to cover the cost of removal. This project will not cause excessive noise as it will not exceed the 65 db limit. The ground based equipment will be located inside the existing garage. Under the WECS bylaw that maximum height is 100 ft and the setback required is 99 ft. The proposed unit will be 79 ft. high and 101 ft. from the nearest lot line.
Tim Grandy asked how the test for ambient noise measurements was conducted.
Mr. Sweeney replied that the ambient noise levels were taken at 11:00 p.m. from various locations on the site.
Marc Garrett asked how much community outreach has been done and given the sensitivity of the issue, whether the proposal has been reviewed by the steering committee.
Sergio Quadros, Clean Energy, stated that most of the abutting neighbors including WPLM, Concord Electric and members of the Almeida family are supportive.
Mr. Sweeney stated that he did not think he had to present the proposal to the steering committee, but would be willing to reach out to the steering committee.
Lee Hartmann noted that the proposal was sent to both the North Plymouth and West Plymouth Steering Committees for comment as is customary for commercial properties in this area. No comment has been received to date.
Larry Rosenblum moved to recommend approval to the Zoning Board of Appeals subject to the following conditions:
The Applicant agrees to establish an escrow account or other suitable surety to ensure adequate funds are available for removal in an amount equal to 150 percent of the cost of compliance with this section, and may require that the petitioner submit a fully inclusive estimate of the costs associated with removal, prepared by a qualified engineer, which should include a mechanism for a Cost of Living Adjustment after 10 and 15 years.
The owner or his/her successors in interest shall remove any wind facility, the use of which has been discontinued or through improper maintenance. At the time of removal, the wind turbine site shall be restored to its natural state or to any other legally authorized use. All associated structures and equipment shall also be removed.
The Applicant agrees to contact the North and West Plymouth Steering Committees to provide project details and receive comments.
The Petitioner agrees to limit vegetation disturbance during construction and will replant any damaged vegetation upon project completion and shall be submitted to the Zoning Board of Appeals for approval.
The wind facilities shall be a neutral, non-reflective color designed not to sharply contrast with the surrounding environment.
Erosion control measures shall be depicted on the final plans. The use of erosion socks as part of the Stormwater Pollution Prevention Plan is encouraged.
Except during short-term events such as high windstorms or utility outages, noise from the proposed wind turbine shall not exceed the 5 dBA above ambient noise levels, up to 65 dBA maximum, at the nearest property line.
No advertising signs are allowed for the wind turbine towers and their equipment cabinets. The allowed signage, required by the FCC, is to identify the owner of the facility and provide a twenty-four (24) hour contact number and other pertinent information.
Any changes or additions to the project shall be submitted to the Zoning Board of Appeals in writing. The Zoning Board of Appeals shall determine if said changes are non-substantial. If deemed non-substantial, the Board may approve said changes in an informal hearing.
The Town is entitled to pursue the remedies set forth in Section 205-15 of the Bylaw in the event that the terms of this Special Permit approval are violated.
Prior to the certificate of completion, said improvements are to be installed under the supervision of a registered professional engineer. The engineer must certify that the physical improvements noted in the site plan have been installed in accordance with the conditions noted here and accepted installation practices.
If the VQ WindJet 5 Wind Turbine system is not the final selection of turbine for this project, the Petitioner shall return to the Board of Appeals for final approval of the manufacturer, color and specifications of an alternate turbine. The Zoning Board of Appeals shall determine if the alternative system is comparable and does not exceed the originally submitted specifications.
The Building Commissioner is authorized to allow internal site field changes to the plans that do not amount to a substantial modification of the plans.~ Such changes may include substituting or moving particular plant material, number of shrubs or trees; moving a structure in a manner that does not materially change the project; reconfigure drainage areas; or similar changes where it is impractical to install or construct as originally designed.
The vote was unanimous (5-0).
Other Business:
Marc Garrett thanked Valerie Massard for creating a “Guide to Local Permitting for Development”*. It is details the permitting process for different departments in the Town and has links to websites for forms, fees, and additional information. The document is available on the Town’s website.
Tim Grandy moved to adjourn at 9:17 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
Administrative Assistant
Honda Parking Lot Definitive Plan – B 567
Attachment A – Table of Waivers
Page 1 of 2
Section of Rules and Regulations |
Requested waiver |
Planning Board Action |
210-9 List of Permits |
Waiver of requirement of listing all permits deemed necessary, with permit timetable and reason permit is necessary. |
Massachusetts Executive Office of Energy and Environmental Affairs (EEA) in April of 2008 with respect to the Home Depot project (EOEEA No. 11924). Applicant should touch base with EEA to confirm that no modification is necessary. |
218 Locus Map scale |
scale at 1”=800’ or 1”=1,000’ |
Grant waiver |
220-3 Utilities |
Only showing drainage |
Proposed electrical and drainage, as well as existing conditions, shall be shown; other waivers acceptable |
222-1 Excavation Impact Report |
No report due to limited nature of proposed work |
Grant waiver |
222-2 Construction Management Plan |
Limited nature of the work, full plan not necessary |
Limited plan laid out during preconstruction meeting is acceptable to incorporate inspections |
222-3 Traffic Impact Report |
No retail traffic is proposed, only car inventory storage – no impact is anticipated |
Grant waiver |
300 Lots to conform with zoning requirements |
Waive completely - non conforming landlocked parcel shown |
Lot is 3 feet shy of required width but otherwise conforms to zoning – do NOT grant waiver, require slight widening of lot to conform. |
309-5 Right-of-way at intersection to be rounded |
Existing sewer pump station does not allow for rounding on one side of the intersection |
Should demonstrate why the rounding cannot be obtained by shifting road before waiver is granted |
310-1 Minimum grade centerline 1% |
A 2% cross-slope with a 0% grade is shown |
Grant waiver subject to comments from Beals & Thomas |
311-1 Min. 500 foot length dead end street |
The paper street is 230 feet. |
Grant waiver |
311-2 Turn around |
No turnaround provided |
Do not grant waiver. See Fire Chief’s comments; turning radius should be documented with an overlay. |
317 Sewer |
No sewer shown |
Grant waiver. |
318 Water |
No water provided. |
Grant waiver. |
Section of Rules and Regulations |
Requested waiver |
Planning Board Action |
401 Improvements |
No curbs, sidewalks, grass plots, trees, or street signs are proposed; no sewer, water, utilities, parkland shown |
Electrical should be shown; otherwise waiver is granted. |
406 Curbing |
No curbing provided |
Grant waiver |
407-4 Return slope not to be steeper than 3:1 |
3:1 slope and steeper shown with rip-rap |
Grant subject to Beals & Thomas comments. |
408 Slopes and Walls |
3:1 slope and steeper shown with rip-rap |
Grant subject to Beals & Thomas comments. |
409 Street signs and permanent address markers |
Neither are proposed |
Grant waiver |
410 Street lights |
None shown |
Grant waiver; site plan for parking lot will include lighting. |
411 Street trees |
None shown |
Grant waiver |
**End **
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