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Planning Board Minutes March 21, 2011
These minutes are not verbatim – they are the secretary’s interpretation of what took place at the meeting. – Open Meeting Law, G.L. c. 30A § 22.

Board Members: Marc Garrett, Paul McAlduff, Larry Rosenblum, and Bill Wennerberg
Staff Members:  Lee Hartmann and Valerie Massard
Recording Secretary: Michelle Turner

The Board wished Tim Grandy a speedy recovery from his recent heart attack and surgery.  

Marc Garrett read an announcement regarding a telethon to benefit Plymouth’s sister city Shichigahama, Japan which was devastated during the recent earthquake and tsunami.   The telethon is sponsored by the Rotary Club, Town of Plymouth and PAC-TV and will be held Tuesday, March 22, 2011, from 6:00 to 9:00 p.m.  

Administrative Notes:

Minutes:
The Board approved the minutes* of February 28, 2011 as presented.
The Board approved the minutes* of March 7, 2011 as presented.  

The Board approved a covenant release* for Lot 62D on Map 27, in the B335 – Leland Way subdivision.  

The Board approved a transfer of funds ($105,420) held in a tri-party agreement into an escrow agreement* and account held by Withington and Betters who will act as the escrow agent.  The Board also approved field changes to the sidewalk at the entrance area for B509 – The Trails.   

Paul McAlduff moved for the Board to approve the Administrative Notes as presented: the vote was unanimous (4-0).    

7:10    Appointment
        B474 – Wadsworth Estates
        Covenant Extension
The Board received the following documentation* for the review of this case:
Memo from Valerie Massard dated B474
Locus Maps
Valerie Massard explained that a request for a two year extension of the covenant for B474 – Wadsworth Estates has been submitted.  The extension is being requested by Mill Pond Realty Trust.
John Moon, representing Mill Pond Realty Trust, stated that the earth removal has been completed, the road has been rough-graded, the excavation for the retention pond has been completed, the site has been stabilized with silt fence along Herring Pond Road and they anticipate moving forward with construction of the drainage area this year or next, and construction of the road next year, given the state of the economy.  
Paul McAlduff asked if there were any plans to vegetate the slopes.
Mr. Moon stated that the site has been stabilized with silt fencing and hay bales and there are currently no erosion issues.
Marc Garrett was concerned with the potential for blowing sand and asked if there were any plans to loam and seed the exposed areas of the site.  
Ms. Massard stated that she will be walking the site with the applicant to determine if any areas need further stabilization and a report will be available with a month.  Mr. McAlduff offered to go on the walkover of the site also.    
Mr. Garrett stated that an herbaceous planting plan be submitted.  
Larry Rosenblum suggested that stabilization, planting, etc. should be addressed in the permitting process for any future gravel removal projects.  
Paul McAlduff moved for the Board to extend the covenant for B474 – Wadsworth Estates for a two year period with the condition that Valerie Massard will coordinate with the applicant, and the applicant will submit a report to the Board within 30 days of any mitigations necessary to stabilize the site; the vote was unanimous (4-0).

B568 – 61 Nicks Rock Road       
        Liberty Realty Trust/Balboni LLC
        Preliminary Subdivision Plan
The Board received the following documentation* for the review of this case:
Memo from Valerie Massard dated March 17, 2011
Draft Vote of Acceptance
Memo from Engineering Dept. dated March 1, 2011
Memo from Fire Dept. dated March 9, 2011
Copy of BOA decision for Case No. 3514
Locus Map
Preliminary Subdivision Boundary Plan dated February 11, 2011
Marc Garrett recused himself from the discussion and Mr. McAlduff chaired this portion of the meeting.
Atty. Robert Betters presented a preliminary subdivision plan for property that was previously granted a special permit by the Zoning Board of Appeals under case no. 3514.  The special permit was granted for five condominium units of age restricted housing in order to convert an existing duplex and construct three new residential units within a second building.   The owner has been unable to sell any of the age restricted units and is now proposing a preliminary subdivision plan that shows two lots with a shared driveway and drainage easements.  The unit count would drop from five to four and the age restriction would be eliminated.  The units would consist of two bedrooms with the two newly constructed units having the master bedroom on the first floor.  The Fire Department has requested the creation a 20 ft. wide travelled way for access.  
Bill Shaw, Associated Engineers of Plymouth, presented the site plan that was approved for five units by the Zoning Board of Appeals.  Mr. Shaw noted that the preliminary plan shows the proposed lot division with a potential travel way width that would comply with the Fire Department’s request by creating a 16’ to 18’ driveway with 3’ wide shoulders on either side.  
Jeff Metcalfe presented the proposed architecture for the new building that would have two single car garage spaces in the middle in place of the third unit that was originally proposed.   
Larry Rosenblum asked if the two existing units were occupied.  
Mr. Metcalfe replied that they are not occupied.  
Two Board members asked whether the driveway could be less than 20 feet in width.
Valerie Massard noted that the Board was being asked to determine whether the preliminary plan as presented is complete and accurate.  Ms. Massard suggested that the Zoning Bylaw states that a multi-family driveway would be a maximum of 16 ft. With the shoulders as proposed, this may be adequate to meet the Fire Department’s concerns and can be further reviewed with the Fire Department when the definitive plan is proposed.  Sight distances should also be shown on the driveway.  Public water, road, and sewer are provided in this area.  Drainage improvements will be made as shown in the Board of Appeals case on Nicks Rock Road as part of the proposal.  
Larry Rosenblum moved for the Board to determine that the preliminary subdivision plan for B568 - Nicks Rock Road is complete and accurate; the vote was unanimous (3-0).   

Marc Garrett rejoined the meeting.  
        


Other Business:
Amendment to Article 41 – Spring Annual Town Meeting 2011
Lee Hartmann presented a proposed amendment to Article 41 that will be presented by a Town meeting member at Spring Annual Town Meeting.  The amendment would require a 100 ft. buffer from residential neighborhoods instead of a 50 ft. buffer and includes language for peer review, specific studies for hydrology and environmental review related to Zone II for the auto dealerships.
Paul McAlduff moved for the Board to support the amendment to Article 41 as presented; the vote was unanimous (4-0).  

Mr. Rosenblum gave an update on the PRA Courthouse Consortium’s progress.  An architect has been hired and will meet with the Board of Selectmen on Tuesday March 29, 2011.  Nine proposals were received and Childs, Bertman, Tseckares, Inc. (CBT) architects from Boston, was chosen for the project.  

Paul McAlduff reminded the Board that a walk through has been scheduled for the new Plymouth North High School 8:00 a.m., 9:30 a.m. and 11:00 a.m.

Marc Garrett announced that the Hyannis Chamber of Commerce is hosting a forum on Land Siting of Wind Turbines on Thursday, March 31, 2011 from 6:30 to 9 PM.  


Paul McAlduff moved for the Board to adjourn at 7:40 p.m.; the vote was unanimous (4-0).   

*On file with the Office of Planning and Development in project case files.  

Respectfully Submitted,





Michelle Turner                                 Approved: April 11, 2011        
Administrative Assistant