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Planning Board Minutes May 23, 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, Bill Wennerberg and Tim Grandy
Planning Board Alternate:  Ken Buechs
Staff Members:  Lee Hartmann and Valerie Massard
Recording Secretary: Eileen Hawthorne

Administrative Notes:
The Board endorsed the ANR plan* and covenant* for B566 – Smith RDD/ANR.

The Board determined that the following Form A plan* is entitled to endorsement:
A4397 – I Kelleher Realty Trust  and Smith Plymouth Realty Trust– Map 53, Lots 12G (21.09A), 26A (0.82A) and 35 (0.21A) – Lot line adjustment and division of land to create Lots 26B (0.89A), 12G-1 (3.09A), 12G-2 (2.08A), 12G-3 (5.19A), 12G-4 (5.41A), 12G-5 (1.92A) and 12G-6 (3.56A)
Paul McAlduff moved to approve the Administrative Notes as presented; the vote was unanimous (5-0).

Site Plan Review
        B437 – Pinehills LLC    - Gas Station
Bill Wennerberg recused himself from this site plan review.
John Judge, Pinehills LLC, began the presentation of a site plan for a proposed filling/service station off Purchase Street and Pinehills Drive in the Pinehills Development.  The Pinehills Master Plan was amended at April Town Meeting, 2005 to allow for one gas station within the subdivision.  The building will be 517 ft. in from Clark Road, across from the fire station and adjacent to The Market.  Access will be off Purchase Street and through The Market’s parking lot.  The construction/operation of the gas station will comply with all federal, state and local regulations.  The site is not in an aquifer area or a Zone II.  Vanasse and Associates Inc., has completed a traffic study which shows that any additional traffic to the site can easily be accommodated.  The proposed environmental monitoring steps go above and beyond existing regulations.  All environmental safety features will be state of the art.  Two soil and gas monitoring wells will be installed and inspected quarterly.  One ground water monitoring well will be installed and monitored annually.   An emergency plan will be in place to address any disasters and will be updated periodically.  
Mark Flaherty, Flaherty and Stefani, Inc. presented the site plan for the 12,500 sq ft. lot.  A slight knoll will be taken down so the site matches the grade at Purchase Street and The Market’s parking lot.  There will be an entrance off Purchase Street and off the Market parking lot.    The structure will have two service bays, an inspection bay and office area.  There will be two islands with four lanes for gas pumps, an access aisle between the building and pumps, an overhead canopy, 7 exterior parking spaces and screened dumpster.  Utilities include private water and sewer with underground electric and gas.  Trench drains will be installed at each entrance.  Floor drains with an oil and gas interceptor will be installed within the building and discharge into the sewer line.  Landscaping will include a private hedge to screen the site from The Market and existing vegetation will be retained.  Two 12,000 gallon under ground double walled storage tanks with containment and overflow protections will be installed for fuel storage.  The gas pumps will have emergency shutoff valves.  All equipment will meet or exceed federal, state and local codes.
Paul McAlduff asked if there would be directional indications for vehicle circulation on the site and whether the hoses would be long enough to reach both sides of a vehicle.  Mr. McAlduff asked about the delivery times for fuel.  
Mr. Flaherty stated that directional lanes have not been provided.   
Albert Levis stated that the hoses are shorter now (due to current code requirements) because they have an integral vacuum pump and are not supposed to make contact with the ground.  Mr. Levis stated that the fuel will be delivered during the night so it won’t interfere with The Market’s deliveries.
Tim Grandy asked what would happen if there was a fuel leak.
Scott Horsley, Horsley Witten Group, stated that the soil and gas monitoring wells and the groundwater monitoring well will help to capture any leaks at an early stage and if any leaks occur, they are required to notify DEP and the town.   
Tim Grandy asked if the Fire Department is equipped to handle any disasters as outlined in the emergency plan.  
Mr. Judge stated that the fire station is across the street and the response time should be minimal.  The Fire Department will have an opportunity to review and evaluate the emergency plan once the building permits are submitted.  Fire suppression systems will be installed in the building and over the pumps.  
Valerie Massard stated the Fire Department had an opportunity to review the plans because the level of design is too preliminary at this stage and had no objection to the layout and location.  They weren’t able to sign off on the plans, but will review them in detail during the building permitting phase.  
Bill Forniciari, Forniciari Architects, presented the building plans for the 2,500 sq. ft. structure.  The building will reflect the architecture of the surrounding buildings within the village.  There will be a 500 sq. ft. office area on the second floor with two service bays, one inspection bay and office area on the first floor.  
Valerie Massard reviewed the staff report and noted that the Board received a copy of the 2005 Town Meeting action with the handouts at the beginning of the meeting.  The staff report identifies how the proposal meets the OSMUD criteria.  DPW and Environmental Management have also reviewed the proposal.  DPW has suggested additional (semi-annual) monitoring of the groundwater well rather than annual.  Proposed signage has yet to be submitted.  
Public Comment:  None
Larry Rosenblum questioned the significance of possible contamination taking six months to reach the water supply.
Ms. Massard stated that the value in the monitoring is the amount of time to evaluate and track any contaminants, to halt migration and treat contaminants before they reach the water supply.   
Larry Rosenblum was concerned with the potential for conflicting vehicle circulation within the site.  Mr. Rosenblum asked what type of signage has been discussed and whether there would be signage on Clark Road and Route 3.
Mr. Judge stated that if the two-way circulation does not work the traffic pattern could be changed to a one way ingress and one way egress.  There is a space for signage on the existing Pinehills’ sign on Clark Road.  Advertising on the highway would be a separate permitting process through Mass DOT.  
Paul McAlduff stated that the gas station would be a great opportunity for the residents of Pinehills and the surrounding neighborhoods.  
Tim Grandy asked what the value to the Town would be in taxes.
Mr. Judge estimated that the valuation of the gas station would be in excess of $1 million.  
Mr. Rosenblum asked if the deliveries could be limited to night time only and about the operation hours of the station.  
Ms. Massard stated that the OSMUD does not speak to the capacity to limit the hours of delivery.  
Mr. Judge explained that the operating hours are controlled by Pinehills and agreed to program deliveries that are compatible with other deliveries in the area.  
Marc Garrett asked what the earliest hours of operation are for businesses in the Pinehills.
Mr. Judge stated the fitness club opens between 5:00 a.m. and 5:30 a.m. and The Market has some employees on site for early deliveries even though it doesn’t open to the public until 8:00 a.m.   The fitness club closes between 9:00 p.m. and 10:00 p.m. while The Market closes at 8:00 p.m.  
Mr. Levis stated that the operating hours for the gas station will probably be between 6:00 a.m. and 8:00 p.m.
Paul McAlduff moved for the Board to approve the following:
As part of the recommendation, per the OSMUD, the Planning Board also:
Approves the exterior color palette; and
Finds that the architectural elements are varied to enhance the sense of a village that has grown with the landscape and the neighborhood.  
It is recommended that the Building Commissioner be notified that the site plan will comply with the requirements of the Zoning Bylaw after the following items have been addressed:  
  • The Fire Department is provided final detailed plans for review to the satisfaction of the Fire Chief; and documentation of the Fire Chief’s satisfaction shall be forwarded to the Planning Board, along with a copy of the approved emergency response plan referenced in the submittals.
  • Per the OSMUD Section of the Bylaw, certification by the applicant that such building is in compliance with the design and appearance criteria in § 205-12D is required.  A review of the standards of Section 205-12D is included with this report.
  • No plate-glass windows shall be allowed, and all windows shall have “true” mullions/grilles;
The following items must be addressed prior to final occupancy:
  • Compliance with ADA requirements must be documented to the Building Department.
  • Any additional lighting is to comply with the Light Pollution Bylaw Section 205-65, and this shall be documented to the Building Department.
  • The Planning Board supports the recommendations of the DPW Environmental Division (attached).
  • Every sign shall have good scale and proportion in its design and in its visual relationship to buildings and surroundings, shall be designed as an integral architectural element of the building and site to which it principally relates, and colors, materials, and lighting of every sign shall be restrained and harmonious with the building and site to which it principally relates.
Materials* reviewed at the Planning Board meeting:
  • Staff’s report, submitted with the agenda for the May 16, 2011 Planning Board meeting;
  • Correspondence from Deborah Sedares of Pinehills LLC dated April 25, 2011 (3 pages and one map attachment entitled Modified Definitive Subdivision at Pinehills – Purchase Street Plan of Land, Sheet 1, prepared by Tetra Tech of Framingham, Massachusetts);
  • Correspondence from Vanasse & Associates, Inc. (VAI) of Andover, Massachusetts to Pinehills LLC consisting of a traffic assessment for the proposed fuel station (3 pages), dated November 17, 2010;
  • Correspondence from Horsley Witten Group of Sandwich, Massachusetts, consisting of an environmental risk assessment for the proposed fuel station (7 pages), dated January 6, 2011, and 3 attachments: (a) Figure 1 - Proposed Gas/Service Station; (b) Figure 2 – Site Plan; and (c) Cross Section B-B’;
  • Site Plans for the proposed fuel station, prepared by Flaherty & Stefani, Inc. of Plymouth, Massachusetts, consisting of 3 sheets, dated February 10, 2011 and attached Underground Storage Tank (UST) site plans (2 pages) prepared by Defendable Construction Company, Inc. of Plymouth, Massachusetts and dated February 11, 2011;
  • Architectural Plans for the proposed service station prepared by Fornaciari and Noseworthy Architects, Inc. of Plymouth, Massachusetts (8 pages) with color renderings of the front façade including colors and materials; and
  • Peer review memorandum from David Gould, Environmental Manager, Environmental Management Division of the Department of Public Works (DPW), dated May 5, 2011.
For review purposes, the review of the various requirements for the fuel station as outlined in the OSMUD are broken up into 3 major sections: (1) OSMUD Section 205-63D environmental and traffic considerations; (2) (a) OSMUD Section 205-63D architecture and landscaping and (b) Bylaw Section 205-12D design standards; and (3) Parking compliance, in the attached pages.
SUMMARY:
The site plans and fueling station plans comply with the groundwater protection, traffic mitigation, architecture and site design criteria for the facility.  The monitoring requirements and monitoring system for potential releases of fuel exceed the norm and exceed the minimum DEP reporting standards, running with successors and assigns and with reporting to the Pinehills Homeowners Assn.  The facilities will make use of the existing hill for screening at the corner (approximately 5 feet of “berm”), and will save existing significant trees where feasible.  Plantings are appropriate for the location and for New England character.
The building’s total footprint is approximately 2356 SF, with a second story of 512 SF, and an overall height including the cupola of 27 feet, consistent with the OSMUD section of the Bylaw; the canopy covering of the fuel pumps is 1770 SF.
Section i.  
OSMUD Section 205-63D environmental and traffic considerations
The OSMUD Section of the Bylaw Section 205-63 D (Uses) allows for one filling station, subject to meeting the following specific criteria:
[1]    Such use shall be subject to all applicable state and local laws, regulations and permits, including but not limited to the Commonwealth of Massachusetts Board of Fire Protection Regulations 527 CMR 9.00 governing the construction, installation, operation maintenance and repair of underground fuel storage tanks and systems;   
CRITERIA ARE SATISFIED.   All regulations and code requirements will be met.
[2]     Such use shall not be permitted within any Zone 2 public drinking water aquifer protection area;  
CRITERIA ARE SATISFIED.   The proposed site of the filling station is not located within a public or private Zone 2.
[3]     The scope of building permit review under § 205-5(B)(2)(c) shall include review by the Planning Board with respect to compliance with the requirements of the OSMUD bylaw, with recommendations from the Conservation Commission (if applicable), Fire Department and Department of Public Works;  
CONSERVATION.  The proposed location is not within Conservation Commission jurisdiction.
DPW.    Planning staff met with the DPW Director to review the proposed project, who stated that the connections and drainage treatment facilities were appropriate, and the filing was subsequently forwarded to the Environmental Division.  The DPW Environmental Division comments are attached, and favorable, with three recommendations:
  • include the monitoring protocol as outlined in Horsley-Witten’s memorandum [NOTE:  The Pinehills fully intends to incorporate this language into its binding documents to carry forward to all successors and assigns who operate the station.  Monitoring will be reported to the Pinehills Homeowners Association on a quarterly basis and any discharge, no matter if it triggers DEP standards for reporting, will be reported, and this has already been agreed to by the respective parties];
  • the recommended protocol for sampling language should be changed from ‘should’ to ‘shall’ [please see prior note, this issue is addressed]; and
  • consideration should be given to increasing the sampling schedule at the proposed monitoring well to be located on the down-gradient property boundary from annually to bi-annually [NOTE: per David Gould, this is intended to allow for increased time to address a worst-case scenario even given the long-term risk of travel time of 1-1/2 years.]
FIRE.   The Fire Department has reviewed the preliminary site plan and has met with the Proponents; however, the rigorously detailed plans that are required to demonstrate meeting or exceeding the Fire Code will not be available until after the Planning Board offers its final comments on the architecture and siting of the facilities.  The Building Department will not issue a Building permit until the Fire Chief has signed off on the final detailed engineered plans, which will be prepared by a major gasoline supply engineering firm.
[4]     The scope of building permit review under § 205-5(B)(2)(c) shall include, but not be limited to environmental review of the impact of any such use with respect to ground water; and
CRITERIA ARE SATISFIED.   Please see above, the DPW Environmental Division has reviewed the risk assessment and sampling protocol recommended by Horsley-Witten Group, and has found the protocol and assessment are adequate to protect groundwater.
[5]     The scope of building permit review under § 205-5(B)(2)(c) shall also include traffic circulation,
CRITERIA ARE SATISFIED.   Vanasse & Associates, Inc. (VAI) has prepared a traffic study of the proposed fuel station.  VAI has done all of the traffic planning for the Pinehills LLC project, and does regular updates of the traffic both within and external to the Pinehills community in keeping with requirements under the MEPA Certificate issued for the Pinehills Community.  The fueling station trip generation assessment of approximately 600 trips/day reflects the industry norm for this type of facility.  The projected traffic generation is well within the “…original traffic demand analysis and assessments…” for the Pinehills community, and the fuel station is an anticipated part of the village center, as called out in the OSMUD language.
The vote was 4-0

Bill Wennerberg rejoined the Board.

BOA 3632 – Martin and Cheryl Maybruck
        141B Taylor Ave/Map 45C, Lot 66 and 136
        Variance of area requirements as the minimum size for a two-family in an R20SL zone is 30,000 sq. ft. No permits obtained for renovations to create a separate living area
The Board received the following documentation* for the review of this case:
Draft staff report
Unofficial property record card
Building Department record card
Assessors ownership card
Fire Department Comments dated May 3, 2011
Locus Map and Photographs
Plot Plan dated March 16, 2011
Martin Maybruck presented his request for a variance.  He purchased the property as a two family in February 1986.  The site has indirect access to Taylor Ave through a public parking lot.  
Mr. Maybruck presented pictures of his site.  He stated that he has made not changes, there is adequate offsite parking and no conversion is required.  Mr. Maybruck stated that he did not know when the structure was converted without permits to a two family.  Mr. Maybruck disagreed with the Fire Departments comments that there is not adequate access and noted that there is a new fire hydrant 20 ft. from his lot line.   
Valerie Massard stated that this is a difficult situation.  It was recently discovered that the house was being used as a two family and requires a variance (which has strict standards under the law) not a special permit.  The structure is an existing permitted single family dwelling, not a permitted two family.  Ms. Massard noted that the structure has two separate entrances and two propane tanks.  There is no frontage on Taylor Ave.  The lot size is 9,000 sq. ft. in a zone that requires 30,000 sq. ft. for a two family structure.  The Fire Department has concerns about access over sand and the close proximity of structures in the area is a hazard.  Ms. Massard stated that the property does not meet the requirements of a variance.  
Lee Hartmann stated that the structure has been taxed as a single family dwelling for many years.  The building cards show dwelling repairs for a single family home.  
Marc Garrett asked for clarification on the notation on the building card that zoning was denied , land surveyed plot plan needed in 2003.  
Mr. Maybruck stated that he had applied to the building department for a deck and re-siding and was denied because a survey of the land was needed.  Mr. Maybruck reiterated that he bought the building as a two family and has maintained it as a two family.  
Mr. Garrett noted that the building card indicates that a deck was applied for and granted in 2001, but there was a zoning denial in 2003.  
Tim Grandy asked if there is a fire separation wall between the two units.  He was concerned that the Fire Department does not support the petition.  
Mr. Maybruck replied that given the age of the cottage, he doesn’t believe there is a fire wall.  
Bill Wennerberg was concerned that the two family dwelling does not meet current building codes and that there is a safety hazard.   
Paul McAlduff asked what type of septic system services the property.  Mr. McAlduff was concerned with impacts to the beach.  
Mr. Maybruck stated that he believes there is a septic tank with leaching tank.  
Paul McAlduff moved to recommend denial to the Zoning Board of Appeals for the following reasons:
The Planning Board does not consider issues of hardship that may or may not be a factor for individual Petitioners.
There are no unique circumstance relating to soil conditions, shape, or topography of such land and especially affecting such land but not affecting generally the zoning district in which it is located that do not affect similar lots in the immediate area or other property throughout the community.  
Desirable relief cannot be granted without substantial detriment to the public good.  This portion of White Horse Beach consists of many dwellings spaced relatively closely together on undersized lots with poor access over sand dunes.  Adding to the intensity of the use in these conditions is not a benefit to the public good.  The Fire Department states that the conditions on White Horse Beach pose a conflagration risk due to poor access and due the proximity of buildings to one another, and that adding additional density only increases the difficulty and response time in an emergency situation.
Desirable relief cannot be granted without nullifying the intent and purpose of the Zoning Bylaw, which is to prevent the overcrowding of land, and to promote public safety.
  • The proposed lot area of 9,191 SF is significantly less than the 30,000 SF minimum required in this zoning district for a two-family dwelling (30% of the required land area).  The request to increase the intensity of the use is not consistent with the intent of the Bylaw, which is to prevent the overcrowding of land.  An illegal duplex conversion was noted by the Assessor’s office in September 1984.  
  • This portion of White Horse Beach consists of many dwellings spaced relatively closely together on undersized lots with poor access over sand dunes.  The Fire Department states that the conditions on White Horse Beach pose a conflagration risk due to poor access and due the proximity of buildings to one another, and that adding additional density only increases the difficulty and response time in an emergency situation.
The vote was unanimous (5-0).

Other Business:
“Topics not reasonably anticipated by the Chair 48 hours in advance of the meeting.”
Marc Garrett informed the Board that the Manomet Village Steering Committee is currently occupied with July 3rd plans and the Simes House renovations and suggested that staff begin working with the West Plymouth Steering Committee on the update to their master plan.  Mr. Garrett stated that he would invite the WPSC to schedule a brainstorming session with the Planning Board.
The Board was supportive.  

Tim Grandy moved to adjourn at 8:50 p.m.; the vote was unanimous (5-0).  

Respectfully Submitted,



Eileen Hawthorne                                        Approved:  June 6, 2011
Administrative Assistant