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Planning Board Minutes April 27, 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, Bill Wennerberg and Tim Grandy
Planning Board Alternate:  Ken Buechs
Staff Members:  Lee Hartmann and Valerie Massard
Recording Secretary: Eileen Hawthorne

Administrative Notes:

Minutes:
        March 21, 2011
Paul McAlduff moved to approve the minutes* of March 21, 2011 as presented; the vote was (3-0-1) with Tim Grandy in abstention

B527 – John Paul Estates – Covenant Release* and Certificate of Completion*

Form A Plans:
A4394* – Stout Commerce Way Trust, 3 & 5 Resnik Road, Map 103, Lot 14K-167 (5.73A) – Divide into lots 14K-168 (2.58A) and 14K-169 (3.15A)

Paul McAlduff moved for the Board to approve and endorse the Lot Release for all lots and the Certificate of Completion for B527 – John Paul Estates and for the Board to determine that A4394 is entitled to endorsement; the vote was unanimous (4-0).  

Appointment     - (Continued to May 16, 2011 at 7:05 p.m.)      
        B486 – Village Crossing
        Drainage Issue, Retention Pond 6
Prior to tonight’s meeting, staff notified abutters of the continuance.  
Lee Hartmann stated that a lengthy, productive meeting was held with staff, representatives from Village Crossing and the Town’s engineering consultants.  It was agreed to reschedule the appointment with the Planning Board for another month in order for Village Crossing representatives and engineers to look at drainage solutions for the entire project at full build out including rooftop drainage, impervious surface, and routing of the drainage to drainage areas.        
Marc Garrett stated that he was contacted by Attorney Matthew Watskey regarding a continuance, which was proposed for May 16, 2011at 7:05 p.m. in order to deal with the   drainage on a global basis.
Paul McAlduff moved to continue the appointment for B487 – Village Crossing to May 16, 2011at 7:05 p.m.; the vote was unanimous (4-0).

Other Business:
Delegation Letter - DCR fees at Plymouth Memorial State Park
Marc Garrett presented a draft letter* to Plymouth’s delegation asking DCR to reconsider fees for non-profit groups that hold concerts and events on the Plymouth waterfront.  The fees have forced cancellation and/or relocation of events held on the waterfront.  
Paul McAlduff noted that DCR has not been able to fund the lighting for the portico around Plymouth Rock.  
Tim Grandy moved for the Chair to endorse the letters; the vote was unanimous (4-0).  

Valerie Massard presented the DPW plans for endorsement by the Board for the road acceptances that were approved at Spring Annual Town Meeting 2011, Article 39 for East Russell Mills Road and Commerce Way.  

Lee Hartmann updated the Board on the status of the site design guidelines.  The Board’s comments and edits have been incorporated into the working document.  The next step will be to consult with the Cape Cod Commission and others.  The Board will have an opportunity to review the revised draft document at a future meeting.  Mr. Hartmann noted that the graphics will be added to the document before it is finalized.

Mr. Hartmann stated that the Industrial/Commercial/Office Land Study Committee (ICOLSC) has been meeting regularly and is working on and testing a ranking criteria for site selection and de-selection.  They will also be looking at potential changes to the Zoning Bylaw which might include revised setback requirements and rezoning of land.
Tim Grandy offered to attend the ICOLSC meetings when Ken Buechs is unavailable.  The Board was in agreement.

BOA 3626 – Tracy Motors Inc. or Nominee
30 Industrial Park Road, Map 101, Lot 41-H and Map 102, Lot 19-8
        Special Permit to conduct vehicle servicing and repairs on the property of Shiretown Rainbow LLC in a LI zone (5/4)
The Board received the following documentation* for the review of this case:
Draft staff report dated April, 2011
Notice of Special Permit Book 3254, Page 566
Locus Map and Site Photographs
Plan dated February 21, 2011
Atty. Robert Betters presented the request for a special permit to operate an automobile storage facility.  The proposed use will be located an existing industrial building that previously housed a moving and storage company.  A portion of the building will remain as storage with Tracy Motors occupying the vacant warehouse area.  The warehouse area will be used for preparation, service and repair of vehicles as part of the dealership.  The site will also be used for storage of wholesale, new and used vehicles.  There will be no sales at this location.  
Mark Flaherty, Flaherty and Stefani, Inc., presented the site plan.  The site is heavily screened from the street and has adequate parking for the proposed use.   The building has three bays and will consist of an office area, repair area and have handicap access.  The parking lot will be re-striped.  The site is not in an aquifer protection, flood or priority habitat area.  Appropriate drainage will be installed and the site is serviced by town water and a septic system.   
Paul McAlduff asked if there would be any auto body work on site.
Jeff Tracy stated that auto body work will not be done at this site.  
Tim Grandy asked if there would be overnight storage of vehicles inside the warehouse area.
Mr. Flaherty replied that there is adequate room to store vehicles indoors.  
Tim Grandy stated that a floor drain and tight tank might be required in the building.  
Mr. Flaherty replied that the plumbing inspector will determine whether a floor drain and tight tank are required.  
Marc Garrett asked whether there was any program in place for the containment and disposal of waste fluids, leaks, etc.  Mr. Garrett wanted to insure that any waste fluids were handled and contained properly.  
Valerie Massard stated that a condition is recommended by staff in staff’s report regarding the compliance with applicable building and fire codes and a note regarding disposition of waste fluids can be added to that condition.   
Jeff Tracy stated that OSHA requirements and building and fire codes have changed through the years.  A speed dry system can be used, there are pads that will collect the oil, the doors can be bermed to contain runoff.  
Atty. Betters stated that he would work with staff to draft language that would include a condition that the petitioner would have to meet applicable regulatory requirements in regards to waste fluid containment.
Tim Grandy asked if the building had an existing sprinkler system.  
Mr. Tracy stated that the building does have a sprinkler system.  
Mr. Garrett wanted to insure that waste fluids were not leaving the building or the site.  
Ms. Massard suggested that the petitioner could submit a letter to the Planning Board that they have met all regulatory requirements prior to a building or occupancy permit.  The Board determined that the language of the condition, which will be reviewed by the Chairman prior to forwarding to the Zoning Board of Appeals, will be satisfactory.  
Tim Grandy moved for the Board to recommend approval to the Zoning Board of Appeals subject to the following conditions:
The Petitioner has agreed to add inlet hood structures to the existing water quality inlet structures to enhance the capacity of these structures to capture and retain any oil that might collect in the sediment traps.  Said hood structures shall be installed prior to Certificate of Occupancy.
Applicable building, safety and fire codes for the use must be met for any renovations to the building for the proposed use, and with respect to disposal of regulated materials.  Specifically, the Petitioner has agreed to add floor drains to the interior of the building connected to a tight tank, as shown on the Petitioner’s site plan, and shall be installed prior to Certificate of Occupancy.
The vote was unanimous (4-0).  

Tim Grandy asked if the Planning Board would be meeting with the Kingston Planning Board in the near future.  
Marc Garrett stated that he has been trying to schedule a meeting with the Board of Selectmen chair and town officials from both towns, but Kingston has asked to wait until after their election in May to schedule a meeting.   

Tim Grandy moved to adjourn at 7:49 p.m.; the vote was unanimous (4-0).

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

Respectfully Submitted,




Eileen Hawthorne                                        Approved: April 25, 2011        
Administrative Assistant