Planning Board Meeting
December 12, 2011
Minutes
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, Larry Rosenblum, Bill Wennerberg, and Tim Grandy
Planning Board Alternate: Ken Buechs
Staff Members: Lee Hartmann and Valerie Massard
Recording Secretary: Eileen Hawthorne
7:00 Administrative Notes:
Minutes:
The Board approved the minutes* of November 21, 2011 as presented.
B515 – Nestle Down
The Board approved a release of covenant* for lots 21-4 and 21-13 in B515 – Nestle Down subdivision for model home construction.
Form A Plans:
The Board determined that the following Form A plan* is entitled to endorsement:
A4408 – Malcolm S. Nichols et al, off Herring Way, Map 69, Lot 58-1 (.30 A) – Divide into Lots 58-1A (6,887 sf) and 58-1B (9,409 sf)
Tim Grandy moved to approve the Administrative Notes as presented; the vote was unanimous (4-0).
New Business:
The Board received the following documentation* for the review of this case:
Draft vote of certification for B565 – Wood RDD
MGL, Section 81X, Requirements for Registration of Plan
Plan of Land, dated January 21, 2010
Valerie Massard presented a draft certification of no amendment, modification or rescission of vote for B565 – Wood RDD. The special permit was granted in 2010 and the plan was endorsed but not recorded within six months. The Registry of Deeds requires a vote to confirm that the plan has not been “modified, amended or rescinded, nor the plan changed” in order for the plan to be recorded under State law.
Larry Rosenblum moved for the Board to certify the vote and confirm that the plan has not been modified, amended or rescinded, nor the plan changed; the vote was unanimous (4-0).
ZBA 3654 – Associated Wind Developers LLC
143 Hedges Pond Rd, Map 55, Lots 52A-1 and 52B
Special Permit subject to EDC for a wind facility
Draft staff report
Beals + Thomas letter dated December 7, 2011
Atlantic Design Engineers LLC letter dated December 7, 2011
Memo from Engineering Division dated December 7, 2011
Letter from Plymouth Airport Commission dated December 7, 2011
Memo from Conservation Planner dated November 29, 2011
Atlantic Design Engineers LLC letter dated December 6, 2011 with overall site plan dated November 3, 2011
Locus Maps and Site Photographs
Site Vicinity Plan dated November 3, 2011
Aeronautica Windpower Product Specifications Models 47-750, 54-750
Associated Wind Developers Responses to Questions Asked
Associated Wind Developers News Letter dated November, 2011
e-mail Correspondence from Winnifred Dassman
Letter from Federal Aviation Administration (FAA) dated March 14, 2011
FAA Advisory Circular Obstruction Marking and Lighting
Mass DOT Letter dated October 17, 2011
Capacity Factor Calculations dated January 2011
Atlantic Design Engineers LLC letter dated November 3, 2011
Atlantic Design Engineers LLC letter dated November 29, 2011
Letter from Modeling Specialties dated November 18, 2011
Acoustic Analysis
Balloon Test and Photosimulation Report
Shadow Flicker Analysis
Site Plans dated November 3, 2011
Atty. Edward Angley requested a continuance of the Planning Board’s review of ZBA 3654 in order to allow the petitioner time to gather additional information.
Larry Rosenblum moved for the Board to support the request for a continuance to January 23, 2012; the vote was unanimous (4-0).
Committee Appointments:
Cedarville Steering Committee
The Board received the following documentation* for this appointment:
Committee Selection Worksheet
Letter from Jay Sorcenelli
Larry Rosenblum moved to postpone the appointment to the Cedarville Steering Committee to December 19, 2011 in order to allow the applicant to attend the meeting; the vote was unanimous (4-0).
Open Space Committee
The Board received the following documentation* for this appointment:
Committee Selection Worksheet
Letter from Malcolm MacGregor
The Board unanimously appointed Malcolm MacGregor to the Open Space Committee.
Conceptual Review:
St. Bonaventure Church, State Road
The Board received the following documentation* for the review of this case:
Memo from Valerie Massard dated December 8, 2011
Notes from Joint Project Review Meeting dated November 3, 2011
Locus Map
lDa Architects schematic design plans, specifications and drawings dated October 14, 2011
Treff LaFleche, lda Architects, presented a plan detailing the existing buildings and parking at the St. Bonaventure’s site located at 799 State Road. The existing site contains the church, parish hall, parking (240 spaces), convent and rectory. The proposed plan includes a new church with seating capacity of 800 with potential expansion to 1000 seats. The new church will require a special permit to exceed the height requirements with the ridge height of 43 feet and bell tower height of 71 ft. and a special permit to reduce the width of a portion of the parking spaces. The existing church will be renovated into a parish center, and the existing parish hall will be renovated into a new education center. There will be 70 parking spaces in the northern parking lot, 195 in the main parking lot and 44
overflow spaces at the southern end of the site. A central green will be provided along a portion of State Road.
Tim Grandy noted that the Manomet Steering Committee was supportive and asked if a trail connection through the site has been considered and what the width of the parking stalls would be.
Mr. LaFleche stated that they have not yet discussed a trail connection with their building committee. He noted that there is a possibility of a request for a cell tower within the bell tower.
Curt Quitzau, VHB, stated that 10 percent of the new parking spaces would be 10 ft. wide, with the remainder of the parking stalls being 9 ft wide.
Valerie Massard informed the Board that the proponents have met with staff and town departments including DPW, Fire, Building, and Engineering over the last 6-8 months in order to address any issues and concerns prior to filing for special permits and/or site plan review. The new curb cuts are supported by DPW and Mass Highway.
Larry Rosenblum encouraged the proponents to look at the landscaping in order to enhance the character of the site. He felt that this project could become a focal point for Manomet and that the land in front of the structures is under utilized. Mr. Rosenblum also stated that if the goal is to reduce the overwhelming massing of the project, a reduction to the height of the buildings might be appropriate.
Mr. LaFleche stated that the civic green may be available for community use in a limited manner and that they have provided a fairly restrained landscape plan for a simple concept.
Bill Wennerberg was supportive of the landscape and meadow plan. He suggested screening the main parking lot from State Road. Mr. Wennerberg felt that the ratio of 9 ft. and 10 ft. wide parking spaces was adequate.
Mr. Quitzau noted that 19 of the parking spaces would be designated as handicapped spaces.
Ms. Massard stated that the parishioners were involved in the planning and layout.
Marc Garrett was also supportive of the parking ratio, but he was insistent on providing a 29 ft. turning radius. Mr. Garrett was also supportive of the scale and massing of the buildings. He did suggest minimizing the height of the church as many of the existing churches in town that are of similar height were built prior to the implementation of zoning. Mr. Garrett suggested incorporating some landscaping close to the buildings to reduce the visual massing of the structures.
Mr. LaFleche stated that VHB will be working on the landscape plans and will work to soften the overall scale.
Ken Buechs complimented the architects on the proposed design which will add to the revitalization of Manomet. Mr. Buechs stated that he was supportive of the proposed height of the new structure.
The Board looks forward to further review of the project.
ZBA 3653 – Samuel Boutin
162 & 163 Bay Shore Drive
The Board received the following documentation* for the review of this case:
Memo from Valerie Massard dated December 8, 2011
Letter from Atty. Jonathan Witten dated November 1, 2011 including the following:
Copy of Notice of Appeal, Zoning Permit Application, Memorandum in Support of Appeal
Board of Appeals Decision Case No. 3552
Copy of Planning Board recommendation dated October 6, 2009
Atty. John Witten presented a request for the Zoning Board of Appeals to find that the Building Commissioner erred in issuing a zoning permit for 162 and 163 Bay Shore Drive. Atty. Witten felt that the Building Commissioner did not consider the Zoning Bylaw requirement that 60% of the property be upland and that he may have been unaware that the site is surrounded by wetlands and a recently certified vernal pool. He also noted that there is currently a similar appeal pending on this property in Superior Court.
Lee Hartmann stated that this appeal is similar to the previous appeal (ZBA 3552) and that the landowner recently submitted a second application for a zoning permit for a smaller structure. Mr. Hartmann recommended that the Board uphold the Building Commissioner’s decision.
Larry Rosenblum stated that he would abstain from voting on this recommendation as the request involves an interpretation of the law that he did not feel qualified to make.
Marc Garrett noted that the Conservation Commission has engaged a wetlands consultant to review the wetlands/vernal pool issue.
Valerie Massard stated that a wetlands delineation was done and peer reviewed by the Town. A vernal pool has been certified by the petitioner on the adjacent Town owned lot since the permit was issued. The original Order of Conditions issued by the Conservation Commission was not appealed.
Atty. Witten noted that the ZBA petition is not based on the wetlands issue, but that the Building Commissioner must determine that there is at least 60% of upland in order for the lot to meet the minimum requirements.
Tim Grandy moved for the Board to recommend that the Zoning Board of Appeals uphold the decision made by the Building Commissioner; the vote was (3-0-1) with Larry Rosenblum in abstention.
ZBA 3584M – Future Generation Wind
Modification of Special Permit
Memo from Patrick Farah dated December 6, 2011
Information Packet from Zoning Board of Appeals dated November 30, 2011
Revised memo from Patrick Farah dated December 6, 2011
Letter from Atty. Lauren Fotos, dated December 12, 2011
Atty. Robert Betters presented a request to modify conditions No. 4 and 11 of ZBA 3584 which approved three wind turbines for property owned by Keith Mann, located in South Plymouth. The decision has been appealed in Superior Court by an abutter. The modification would clarify condition No. 4 by stipulating that the petitioner shall now submit amounts and type of proposed mitigation for affected residences to the Board of Appeals for review and approval prior to the expenditure of the $75,000 that will be escrowed to address any shadow/flicker effects generated from the proposed turbines. The clarification of condition No. 11 would require that any changes to the manufacturer, color and/or specifications of the proposed turbines would be reviewed during a public hearing upon submission of a request for a modification of the
Special Permit.
Atty. Lauren Fotos, representing the appellant, questioned whether the request for modification of conditions No. 4 and 11 was appropriate given that the Special Permit granted by the Zoning Board of Appeals is currently under appeal. Atty. Fotos stated that the proposed modifications did not go far enough, did not address noise mitigation and also did not address conditions No. 2 or 13.
Marc Garrett noted that Tim Grandy would be recusing himself from this review. Tim Grandy left the room.
Lee Hartmann stated that Town Counsel has confirmed that the Town has a statutory obligation to act on a petition when it is filed. Mr. Hartmann felt that the request to modify the special permit and clarify the Zoning Board of Appeals decision is reasonable and would minimize any technical issues with the vote.
Marc Garrett stated that he would be willing to continue the Planning Board’s review of the request for modification if there was a possibility that both lawyers could discuss the language and come to a resolution.
Mr. Hartmann stated if a resolution is reached, it will be dealt with through a remand by the court and not through this request to modify.
Larry Rosenblum moved for the Planning Board to take no action; the vote was unanimous (3-0).
Tim Grandy rejoined the meeting.
Other Business:
“Topics not reasonably anticipated by the Chair 48 hours in advance of the meeting.”
B426 - Little Hios Hills (a.k.a Ship Pond Estates) – Amended Tri-Party Agreement*
Valerie Massard presented an amended Tri-Party agreement for B426 - Little Hios Hills (a.k.a Ship Pond Estates) which increases the funds held by the bank to $255,000 and re-releases eight lots in the subdivision for construction purposes (total lots released fourteen).
Larry Rosenblum moved for the Board to endorse the amended tri-party agreement as presented; the vote was unanimous (4-0).
Larry Rosenblum suggested that the Board adopt Roberts Rules of Order or a similar procedural process.
The Board agreed to further research the adoption of procedural processes and review at a future meeting.
Valerie Massard announced that a balloon test will be held by Associated Wind Developers LLC at 143 Hedges Pond Road on December 31, 2011 from 8:00 a.m. to 12:00 p.m.
Tim Grandy moved to adjourn at 8:56 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: December 19, 2011
Administrative Assistant
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