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,
Planning Board Alternate: Ken Buechs
Staff Members: Lee Hartmann
Recording Secretary: Eileen Hawthorne
Administrative Notes:
Minutes:
July 11, 2011
Paul McAlduff moved to for the Board to approve the minutes of July 11, 2011 as presented; the vote was (3-0-1) with Bill Wennerberg in abstention.
BOA 3639 – Harald LLC (cont. from July 11, 2011)
Honda Drive, Map 89, Lot 13-3
Special Permit subject to EDC for 42,400 cubic yards of gravel removal to construct an automobile storage lot in a HC zone (7/29)
Lee Hartmann noted that the request for gravel removal is not excessive, but the concern was in regards to the Zone 2 well protection. The revised plan shows approximately 20,000 cubic yards of additional gravel to be removed, terracing of the site, and paving of half the lot to protect the Zone 2 aquifer. The stormwater from the paving will be pre-treated which should address DPW’s concerns.
Atty. Edward Angley stated that the petitioner has reached an agreement with Home Depot to run a drainage line to the large catchment area located to the southeast of Home Depot.
Phil Cordeiro, Allen and Major Associates, handed out a revised plan based on discussions by the Planning Board at last week’s meeting and a meeting with the DPW. The revisions include an increase of approximately 20,000 cubic yards; using the existing detention area for stormwater runoff; the 2:1 western slope has been broken into three terraced areas that will be stabilized with loam, seed and fabric (it will be a temporary slope); and the southern slope which is a 2:1 slope will be planted with warm weather grasses (this will be a permanent slope).
Marc Garrett read into the record a letter from Barry Tassinari, an abutter who is objecting to the current proposal. Mr. Tassinari’s concerns include the work proposed within the buffer that was agreed to in a previous MOU with the Board of Selectmen, the request for a waiver of the 100 ft. setback requirements and the appearance and potential erosion of the steep slopes.
Paul McAlduff asked what materials would be used to accomplish the terracing.
Mr. Cordeiro replied that it would be a straight grading operation with no artificial reinforcement.
By incorporating the terraces, it will break up the velocity and standard loam and seed will hold the slope.
Mr. Garrett asked if the MOU will have to be amended.
Mr. Hartmann stated that this petition would require an amendment to the MOU by the Board of Selectmen and has been conditioned in the recommendation (condition #4).
Atty. Angley stated that once a plan has been approved, they will file the amendment with the Board of Selectmen.
Bill Wennerberg, while supportive of creating a vehicle storage area, was not comfortable with the proposed encroachment within the buffers and the zero setback. Mr. Wennerberg suggested that if the petition was approved, the slopes should be stabilized with 12-18 inch seedlings, 4 ft. on center as well as the warm weather grasses and erosion control fabric.
Larry Rosenblum felt that the vehicle storage area should have been proposed and vetted as part of the original filing for the dealership. Mr. Rosenblum was not supportive of amending the MOU in regards to the work within the buffers. He felt that there were other alternatives both on this site and offsite.
Paul McAlduff was supportive of paving a portion of the site to protect the aquifer and with the additional vegetation as suggested by Mr. Wennerberg.
Mr. Garrett asked if the 247 parking spaces proposed could be decreased which would allow the slopes to be pulled away from the property line.
Atty. Angley stated that Honda is required to have 250 spaces. He noted that this site would not be visible from Long Pond Road or Route 3 and has been an existing gravel pit for years. He stated that the MOU limits the number of vehicle trips that can be generated from the rezoned Highway Commercial land and the vehicle storage lot will not create many vehicle trips. He also stated that to expand the storage area, would encroach on prime locations for commercial building.
Mr. Garrett suggested relocating 50 spaces closer to the cul-de-sac. He stated that this location could be reshaped to accommodate the needs of the dealership or the number of spaces could be reduced.
Mr. Cordeiro stated that to relocate the spaces would increase the amount of material that would need to be removed and disturb more land. The goal is to minimize the amount of material removed.
Atty. Angley stated that he could authorize the inclusion of the plantings suggested by Mr. Wennerberg, but not any redesign of the site.
Ken Buechs was supportive of the proposed vehicle storage location with the additional vegetation and trees.
Paul McAlduff moved to recommend approval to the Zoning Board of Appeals with the additional stabilization including 12-18 inch seedlings, warm weather grass and erosion control fabric.
Mr. Hartmann stated that the Board would also have to agree that the increase of material to be removed from 42,400 cubic yards to 63,000 cubic yards is within the scope of the Zoning Board of Appeals hearing and a moderate change to the original proposal and that the Board was supportive of the waiver request to reduce the 100 ft. setback to zero.
Mr. McAlduff amended his motion to incorporate the language presented by Mr. Hartmann.
The vote was (1-3-0) with Mr. Rosenblum, Mr. Garrett, and Mr. Wennerberg in opposition. The motion did not pass.
Bill Wennerberg moved for the Board to recommend denial to the Zoning Board of Appeals based on the following:
It is recommended that the request to waive the provisions of Section 205-18(G)(1) “no excavation greater than 15 feet deep shall be made within 100 feet of any lot line” be denied for the following reasons:
The intent of Section 205-18 (G)(1) and of the 50 foot buffer requirement outlined in the Memorandum of Understanding agreed upon by the applicant and the Board of Selectmen dated August 2009 is to provide protections for the abutting rural residential property from the negative impacts of commercial development. The removal of all vegetation to the property line is unacceptable. In addition, conducting a commercial gravel removal operation with no setback from the abutting residential properties is unacceptable.
It is recommended that the request for a Special Permit per Section 205-18 B3 & F1 for gravel removal in excess of 10 cubic yards be denied for the following reasons:
The proposed use is not appropriate for this specific location as it is not adequately setback or buffered from abutting rural residential land. Furthermore, ample property is available on the overall site (47 acre) for an alternative design that would include adequate setbacks and buffers.
Due to the lack of a natural buffering and the elimination of the required 100 foot setback, the proposed gravel operation and subsequent commercial use will be nuisances and will have an adverse effect upon the abutting residential neighborhood.
Should the petition be granted, the following conditions are recommended:
Prior to the commencement of work and as required by the Aquifer Protection District, two monitoring wells shall be installed and requirements for monitoring shall be outlined by the petitioner. The location and monitoring requirements shall be reviewed by the Department of Public Works and approved by the Zoning Board of Appeals.
Prior to the commencement of work, detailed and extensive re-vegetation and landscaping plans shall be submitted by the petitioner and reviewed by the Planning Board with final approval by the Zoning Board of Appeals.
The gravel removal is being conducted for the construction of a vehicle storage/parking area. To protect the Zone II of the nearby town well, no salt or deicing material shall be applied to the vehicle storage/parking area.
The western slope (2:1 slope and terracing) will be loamed and seeded with a fabric on the slopes to prevent erosion. The 2:1 slope located between the vehicle parking/storage lot and Lot 15-18 on Assessors Plat 89 shall be loamed and seeded or loamed and planted with a native warm weather grass mix and native tree seedlings (12” to 18” in height and placed 4’ on center). The mix of species to be reviewed by the Planning Board and approved by the Board of Appeals.
A temporary paved access drive shall be constructed prior to the commencement of the earth removal operations. Honda Drive extension shall not be constructed until after the earth removal operations are complete.
Excavation of materials shall be allowed for a period of two (2) years from the start of excavation. The applicant shall notify the Building Commissioner prior to the commencement of work. Upon completion of the two (2) year period, the applicant shall have sixty (60) days to submit a written request to the Board of Appeals for an extension of the excavation period. The Board of Appeals may deny the request of the extension for the following reasons:
Violations of the conditions of the original permit.
The work site has been deemed abandoned by the Building Commissioner.
Proper stabilization methods are not maintained.
Documented violation of agreed upon truck routes.
Evidence of recording of this Special Permit at the Plymouth County Registry of Deeds shall be presented to the Building Inspector, and the plans shall be recorded with the Special Permit.
The Petitioner shall submit an erosion control plan (and dust suppression measures if needed) to the Building Commissioner. Any exposed banks created by the excavation should be hydro-seeded or otherwise stabilized in a manner acceptable to the Building Commissioner and maintained for three years.
The excavation and trucking of material and/or noise generated by the excavation, operation, engine start-up and trucking material shall be limited to Monday through Friday. The hours of operation shall be limited to 7:00 AM to 4:00 PM. No excavation activities shall be permitted on holidays.
The Petitioner shall be responsible for the clearing on a daily basis any sand that accumulates on Home Depot Drive, associated parking areas and any public roadways located along truck routes as a result of the excavation of material.
The Petitioner shall provide an “as-built” survey which verifies that no more than the approved amount of material were removed.
The Petitioner shall provide temporary signs warning traffic of truck entry for safety, as determined by the Police Department and will be approved by the Director of Inspectional Services, if needed.
The Petitioner will notify the school system with respect to the truck route and coordination with bus routes.
A limit of 40 truck trips per day will be the maximum allowed for all earth removal operations for the projects. Every effort shall be made to phase the truck trips with the other local projects.
The Petitioner shall permanently stabilize any portions of the site that are not under construction after earth removal activities have cease for a period of six (6) months.
A performance bond determined by the Town, and directly tied to the re-stabilization of the work site, shall be required in an amount equal to a documented, verifiable estimate of cost to vegetatively reclaim the work site according to the site plan and existing conditions site plan. The estimate shall include an adjustment for projected inflation or other predictable factors over the term of the permit plus one year.
Planting required for stabilization shall occur no later than October 31st.
The Building Commissioner or its duly authorized agent shall have access to the excavation site at all times in order to inspect the site to insure compliance with the approved site plan.
Monthly statements are to be submitted to the Building Commissioner from a Registered Professional Engineer stating that the conditions of the Special Permit are being followed, and providing tallies of earth removal to accurately determine the amount of gravel being removed.
If all of the above noted conditions are not adhered to the Building Commissioner may cause all excavation work to cease until the problems indentified are corrected.
The vote was unanimous (4-0).
Paul McAlduff moved to adjourn at 8:20 p.m.; the vote was unanimous (4-0).
Respectfully Submitted,
Eileen Hawthorne Approved: July 25, 2011
Administrative Assistant
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