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: 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:
Informal Review of Condition #3
BOA Special Permit 3639 – Gravel Removal
Harald LLC, Honda Drive
The Board received the following documentation* for the review of this case:
Memo from Valerie Massard, November 3, 2011
Letter from Atty. Edward Angley, October 6, 2011
Board of Appeals Decision Case No. 3639
Honda Drive Proposed Planting Plan, September 28, 2011
Valerie Massard noted that condition #3 of the ZBA Special Permit - 3639 requires that the landscape plan be reviewed by the Planning Board and approved by the Zoning Board of Appeals prior to the commencement of work. Condition #5 requires that the slope be stabilized with an erosion fabric and loamed and seeded. Ms. Massard handed out photographs* of the work that has been done on the site to date
Atty. Angley stated that the trees and grasses have already been done in order to get the vegetation in the ground before the end of the planting season.
Bill Wennerberg moved for the Board to recommend to the Zoning Board of Appeals that conditions # 3 and 5 have been met; the vote was unanimous (4-0).
Valerie Massard reviewed the Future Agenda for the Board.
Lee Hartmann noted that a joint meeting with the Board of Selectmen will be scheduled for the beginning of January and that the Redevelopment Authority will be scheduling a discussion on the future of the 1820 Courthouse at a future meeting.
Larry Rosenblum felt that the subject of the future of the 1820 Courthouse needs an open discussion, not a scripted discussion and there should be no limits on the scope of the discussion.
Lee Hartmann reviewed some of the ongoing projects that staff is working on including preparing a nomination of Burial Hill for the National Register of Historic Places, creating an official GIS zoning map, the Healthy Community initiative, updating of the Manomet and West Plymouth Master Plans, completing the Industrial/Commercial/Office Land Study, Zoning Bylaw review and update, and working with the Community Preservation Committee and Town Counsel on articles passed a recent Town Meetings. This past weekend, a very successful town wide cleanup was coordinated by Patrick Farah, Planning Technician and the DPW, with the assistance of the Friends of Open Space.
Ken Buechs thanked Valerie Massard for her hard work on the Manomet Village Master Plan.
Public Hearing
Roxy Cahoon Road
Pave a Minor Collector Road of Special Character
(per Section 162-12 of General Town Bylaws)
The Board received the following documentation* for the review of this case:
Memo from Valerie Massard, November 3, 2011
General Town Bylaw, Section 162-9 through 162-12
Committee Recommendation – Private and Gravel Road Committee
Proposed Layout Plan of Roxy Cahoon Road and Valley Road, September 30, 2011
Paul McAlduff read the public hearing notice and opened the public hearing.
Seated: Tim Grandy, Paul McAlduff, Larry Rosenblum, and Bill Wennerberg
Lee Hartmann noted that the new town bylaw states that repairs to a road classified as a “Minor Collector of Special Character” require a public review process as defined under Chapter 162-12. The process includes a public hearing by the Planning Board with a written recommendation to the Board of Selectmen and copied to the Roads Advisory Committee.
Sid Kashi, Town Engineer, presented a proposal to pave a portion of Roxy Cahoon Road. Negotiations for modifications to B523 - Valley View Preserve RDD included a gift to the Town from the developer to be used for improvements to Roxy Cahoon Road up to and including the frontage of Deer Run (approximately 3,700 linear feet, 22 feet wide with berms on both sides). Additional funds will come from Chapter 90 funding. The plans for the layout are currently in the design phase with the anticipation of being presented to Fall Town Meeting 2012 and construction to begin in Spring 2013.
Public Comment:
In Favor:
Bill Stone, Steven Smith, Dave Clark, Tom Clark, Bob Devons, and David DiBona expressed their support of the proposal as the existing deplorable condition of the road makes travel by school buses, emergency vehicles, personal vehicles and pedestrians unsafe. The residents suggested that the layout and pavement design continue beyond the Deer Run entrance and connect to the existing pavement southerly on Roxy Cahoon Road.
In Opposition:
None
Bill Wennerberg asked why the proposal does not include paving the entire length of Roxy Cahoon Road.
Mr. Kashi explained that the project was initiated by the gift from the developer and only covers paving from Grace Way to Deer Run. Paving the remainder of the road would have to be proposed under a different project.
Larry Rosenblum asked if the condition of this road is unusually bad compared to other gravel roads in the community.
Tim Grandy stated that the condition of this road is one of the worst in the town. The road has deteriorated because of increased traffic and severe weather conditions. He reminded everyone that the Town will only receive the funds if the developer moves forward with the subdivision.
Mr. Rosenblum stated that the condition of the gravel roads is the same throughout the town. The availability of funding from the developer has brought this to the forefront. Funding for road improvements could come from general funds, betterments, gifts, and payment from residents. Mr. Rosenblum stated that over 100 miles of roads could benefit from improvements. He asked Mr. Kashi when it would be appropriate to bring betterments into the equation.
Mr. Kashi replied that the question of betterments should be addressed to the Road Advisory Committee.
Mr. Hartmann stated that the role of the Planning Board is to hold the public hearing and comment on whether Roxy Cahoon Road from Grace Way to Deer Run should be paved or not paved. We can also encourage the DPW to consider paving the entire length of Roxy Cahoon road.
Tim Grandy moved to close the public hearing; the vote was unanimous (4-0).
Bill Wennerberg moved for the Board to recommend support of paving Roxy Cahoon Road from Grace Way to Deer Run and for the Engineering Department to look into paving the entire length of Roxy Cahoon Road; the vote was unanimous (4-0).
Public Hearing
289 Long Pond Road RDD (Mendes)
Paul McAlduff read the public hearing notice and opened the public hearing.
Seated: Tim Grandy, Paul McAlduff, Larry Rosenblum, Bill Wennerberg, and Ken Buechs
Memo from Valerie Massard, November 3, 2011
Memo from Valerie Massard, March 27, 2008
Vote for B538 – Ouellette, August 21, 2006
Locus Map
Site Photographs
Fire Department Comments, October 25, 2011
Environmental Impact Statement, received September 27, 2011
Rural Density Development Plan, 289 Long Pond Road, August 24, 2011
George Mendes presented his request to subdivide property located at 289 Long Pond Road. The parcel would be subdivided into two residential lots with an open space lot. There is an existing single family dwelling on the property.
Valerie Massard informed the Board that the plan being presented is identical to one that was filed under the previous owner (B538 – Ouellette RDD). The original permit expired; therefore the new owner had to reapply. Ms. Massard noted that the conditions that were set forth in the original vote would remain the same if this petition was granted.
Tim Grandy asked if the open space at the rear could be offered to the abutting property owners (United States Fisheries and Wildlife Services).
Public Comment:
Carl Julian was in favor of the proposal and the creation of conservation land at the rear of the site.
Tim Grandy moved to close the public hearing; the vote was unanimous (5-0).
Bill Wennerberg moved for the Board to approve the special permit for B570 – 289 Long Pond Road RDD subject to the following conditions:
The petitioner agrees to waive his or her right to further subdivide the lots shown as Lots 8-1, 8-2 and 8-3, pursuant to the provisions of Massachusetts General Laws, Chapter 41 and waive its right to any further residential development of the premises that results in a more intense or dense use, regardless of any local, state or federal criteria to the contrary, pursuant to the provisions of Massachusetts General Laws, Chapters 40A and 41, through a Deed Restriction or Restrictive Covenant on the parcels. The term "subdivided" shall include the process of division of the lots into parcels by means of a plan not requiring approval under the subdivision control law. Notwithstanding this provision, the Planning Board may endorse the relocation of any lot lines when consistent with the intent and purpose of this
restriction.
Prior to the issuance of an Occupancy Permit for any individual lot, the Petitioner shall offer ownership of the open space to the Town of Plymouth and/or US Fisheries and Wildlife Services, either to the Conservation Commission or to Town Meeting, for conservation or recreational purposes under the provisions of Article 97 of the Amendments to the State Constitution at no cost to the Town. Said offer shall include title insurance on the land, and rights over an existing grave way; by easement, to the open space lot. The Planning Board makes no guarantee that the Town or USFWS will accept the parcel; in the event that the land is not accepted, a mutually agreeable alternative shall be approved by the Planning Board.
A single shared driveway drive and one curb cut on Long Pond Road shall be used to access both the existing dwelling on Lot 8-2 and the proposed dwelling on Lot 8-1.
The Approval Not Required Plan shall make reference to this Special Permit, note that it is “recorded herewith” and will reflect Conditions No. 1, No. 2 and No. 3 of the Special Permit with said reference.
Prior to endorsement of the Approval Not Required plan, verification of payment of the back taxes, interest and fees owed to the Town for the land shown on the Approval Not Required plan, if any, is to be provided to the Planning Board.
Prior to endorsement of the Approval Not Required plan, the plan will be revised to detail the conditions of the approval, as needed, including: an easement for the common drive to the new lot for access; an access easement for the open space lot.
Prior to the issuance of a Building Permit for Lot 8-1, the Planning Board shall review and approve the proposed dwelling and driveway location.
Prior to the issuance of a Building Permit, evidence that this Special Permit Decision and the Restrictive Covenant or Deed Restrictions in Condition No. 1 have been recorded with the Plymouth County Registry of Deeds shall be provided to the Planning Board.
Prior to the issuance of a Building Permit, the Petitioner agrees to stake the open space in the vicinity of construction to the satisfaction of the Planning Board, prior to the start of any earth work at the site. Said stakes are to remain in place until such time as a Certificate of Occupancy is issued.
Prior to issuance of a Building Permit, four (4) sets of full sized copies of all drawings comprising the endorsed Approval Not Required plan with one complete set of reproducible plans (mylars) will be delivered to the Planning Board and one (1) electronic copy of the plans shall be delivered in a format acceptable to the Town Engineer.
Prior to issuance of an Occupancy Permit for any individual lot, for Lot 8-3 concrete bounds shall be set at each lot corner, turning points and every 500 feet along straight property lines.
The vote was unanimous (5-0).
Tim Grandy moved to for the Board to adjourn at 8:26 pm.; the vote was unanimous (4-0).
*On file with the Office of Planning and Development in project case files.
Respectfully Submitted,
Eileen Hawthorne Approved: November 14, 2011
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