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:
Minutes:
February 27, 2012*
Larry Rosenblum moved for the Board to approve the minutes of February 27, 2102 as presented; Paul McAlduff second; the vote was unanimous (5-0).
Form A Plans*:
A4412 – Stephen Kotowski et al, 125 & 133 Hollis Rd, Map 74, Lots 10 (9,466 sf) and 11C (45,980 sf) – Lot line adjustment to create lots 10-1 (9,466 sf) and 11D (45, 980 sf)
Valerie Massard stated that a note was added to the plan to define the plan’s purpose.
Paul McAlduff moved for the Board to determine that Form A Plan 4412 is entitled to endorsement; Bill Wennerberg second; the vote was unanimous (5-0).
A4413 – Stephen Kotowski & Amanda Monti – Cape Cod & Brush Hill Aves, Map 48, Lots 53-377, 53-378, 53-379 & 53-380 – Reconfigure Lots to create lots 53-381 (3,490 sf), 53-382 (3,433 sf) and 53-383 (3,076 sf)
Valerie Massard stated that a note was added to the plan to reference ZBA case 3588.
Larry Rosenblum moved for the Board to determine that Form A Plan 4413 is entitled to endorsement; Bill Wennerberg second; the vote was unanimous (5-0).
A4414- David & Janice Rushforth – 53 & 55 Clifford Rd, Map 47, Lots 36A-3 (0.92A) and 36A-4 (1.87A) – Lot Line Adjustment to create 36A-5 (40,284 sf) and 36A-6 (81,325 sf)
Valerie Massard stated that a note was added to the plan to reference that the Zoning Board of Appeals decision would be “Recorded Herewith”.
Paul McAlduff moved for the Board to determine that Form A Plan 4414 is entitled to endorsement; Tim Grandy second; the vote was unanimous (5-0).
A4415 – Nestle Down Realty LLC, Anderson Way, Map 46, Lots 21-11 (22,775 sf), 21-12 (20,142 sf), and 21-13 (23,740 sf) – Lot line adjustment to create lots 21-18 (24,621 sf), 21-19 (20,744 sf) and 21-20 (24,676 sf)
Paul McAlduff moved for the Board to determine that Form A Plan 4415 is entitled to endorsement; Bill Wennerberg second; the vote was unanimous (5-0).
A4416 – Thomas and Karen O’Reilly and Darrin Disalvatore, Tilton Street, Map 27, Lots 55-235, 55-236, 55-237, 55-238 – Combine to create lot 55-309 (9,284 sf)
Paul McAlduff moved for the Board to determine that Form A Plan 4416 is entitled to endorsement; Bill Wennerberg second; the vote was unanimous (5-0).
Presentation – Town Engineer
Street Layouts – Annual Town Meeting
The Board received the following documentation* for the review of this case:
Memo from Town Engineer dated March 6, 2012
Description of street locations
Locus maps
Copy of PowerPoint Presentation
Sid Kashi, Town Engineer and Stephen Dyer, Roads Advisory Committee, presented 20 streets to be proposed under Article 28 for acceptance at Spring Town Meeting. The streets are as follows:
Bournehurst Drive Cabot Circle Carolyn Drive
Christopher Road Columbia Road Cottontail Trail
Davenport Road Dororthy Road Great Wind Drive
Hallick Road High Pine Drive Howard Drive
Lauren Road Lawrence Road Lee Drive
Nixon Avenue October Lane Sheridan Drive
Sherman Avenue Woodvale Avenue
The roads are in good condition and total approximately six miles. The Town’s liability is decreased when work is performed on accepted roads and public funds (Ch. 90) can be used for maintenance and improvement of accepted roads. The long term plan is to accept all eligible roads within the town in a fiscally acceptable manner.
Paul McAlduff moved for the Board to recommend acceptance of the proposed roads to Town Meeting with the exclusion of Bournehurst Drive and Cabot Circle; Bill Wennerberg, second; the vote was unanimous (5-0).
Paul McAlduff moved to recommend acceptance of Bournehurst Drive and Cabot Circle; Bill Wennerberg, second; the vote was (4-0-1) with Tim Grandy in abstention.
Public Hearing – B571 - Roger Randall – VOSD
(cont. from 2/6)
17 Guide Board Road, Map 44, Lot 8
3 Residential lots with Open Space
The Board received the following documentation* for the review of this case:
Draft Staff Report
Narrative from Land Management Systems, Inc., dated December 15, 2011
Letter to Water Dept. from Roger Randall
Hydrant Flow Test information dated August 23, 2007
Special Permit for VOSD dated recorded October 17, 2007, Book 35193, Pg. 179
Zoning Receipt dated October 27, 2011
Fire Dept. Comments dated December 27, 2011
Engineering Comments dated January 19, 2012
Engineering Comments dated August 20, 2007
Guide Board Farm Maintenance Controls
Letter from Erik Cribelaro dated November 16, 2011
Locus Maps
VOSD Renewal Plan dated December 5, 2011
VOSD Plan dated February 19, 2008
Handouts:
e-mail correspondence dated March 12, 2012
Narrative Addendum dated February 8, 2012
VOSD Plan dated January 20, 2012
e-mail correspondence dated March 8, 2012
Site Photographs
Marc Garrett recused himself and joined the audience.
Seated: Ken Buechs; Bill Wennerberg, Larry Rosenblum, Tim Grandy, with Paul McAlduff acting as Chair.
Randy Parker, Land Management Systems, Inc., presented the request for a VOSD Special Permit consisting of four residential units with a common drive and privately held open space on property located at 17 Guide Board Road.
There is an existing 3 bedroom single family dwelling on the site. This petition would add a one bedroom “carriage house” dwelling over garage (post facto); a one bedroom, two-story “Mill” Dwelling (post facto); a four bedroom single family dwelling (proposed) and privately held open space. A previously granted (2007) VOSD Special Permit has expired. In 2005 a petition was denied without prejudice due to issues associated with a wetland disturbance that had to be resolved before building configurations and density calculations could be established. The wetland disturbance issues have been processed by the Conservation Commission and DEP, and appropriate mitigation measures have been undertaken under the purview of those agencies. Approximate septic locations are shown on the 2007 plans. A private well and septic system are proposed for the new single family dwelling. A 1 ½” water main connects to the existing single-family by-right dwelling and a 2” water main has been
connected to the dwelling unit over the garage and was installed with the understanding and intention that it would be extended to supply water to additional dwelling(s) to be constructed. There is no information regarding a water line for the “Mill” building dwelling. A homeowner’s association will be created.
Mr. Parker stated that the proposed conditions are acceptable. In lieu of submitting lighting plans, the petitioner is proposing a solar light post with address shingle for the new lot. Mr. Parker acknowledged that the proposed petition is the first step in bringing the property into compliance with the zoning bylaw and obtaining appropriate permits from the Building Department.
Valerie Massard stated that staff has no issues with the reduced rear setback. The dwelling units in the carriage house and mill building where constructed without permits which may be a safety issue and there are questions about adequate water supply and access. Ms. Massard asked if the pedestrian easement shown on the current plans could be relocated to the existing gravel drive. She noted that it has been approximately 10 years since the Town started working with the petitioner to bring the buildings up to code. Ms. Massard suggested that a condition of the special permit could require that all code compliance issues must be addressed prior to endorsement of the special permit plan.
Mr. Parker stated that the pedestrian easement could be connected through the gravel driveway and that the existing septic and water lines have been added to the revised site plan.
Roger Randall, the petitioner explained that the process has taken a long time because he had to pursue Conservation Commission and DEP approval for alterations to a wetland that were done without permits, he had a special permit for three lots, but the lots created were not valued at what the Assessors would charge, so he never recorded that plan and the permit expired. He stated that the septic systems were certified by the Board of Health in 2005; the water lines have been installed; and the Building Department will not move forward with inspections on the buildings until there is a valid special permit in place.
Lee Hartmann stated that Ms. Massard has worked diligently with the petitioner and his representatives to try to correct the situation.
Tim Grandy asked when buildings were constructed and whether there was a maintenance plan for the open space.
Mr. Randall stated that the buildings were done in 2002 and 2004 and that he would retain ownership of the open space area. A homeowner’s association will be created to oversee the maintenance of the common driveway.
Valerie Massard stated that the homeowner’s association documents should be approved by Town Counsel.
Larry Rosenblum was not supportive of approving the special permit in advance of a resolution for the building code and safety issues.
Bill Wennerberg asked if the septic systems were installed to Title V standards and certified by the Board of Health.
Ms. Massard stated that no records were submitted regarding the septic systems and the water line plan was submitted this afternoon.
Ken Buechs was concerned that the living space in the carriage house has only has one egress and that there may not be adequate access for emergency vehicles.
Public Comment:
None
Bill Wennerberg moved to close the public hearing; Tim Grandy, second; the vote was unanimous (5-0).
Mr. Buechs noted that the Fire Department’s recommendation includes installation of residential sprinklers in each of the buildings given that the road has a decreased width and is in excess of 500 ft.
Bill Wennerberg was concerned that it would be difficult to determine whether the construction of the buildings meet building code.
Mr. Hartmann suggested that a condition of the permit could be that the buildings and the septic systems must comply with all standards, codes and regulations prior to endorsement of the plans.
Larry Rosenblum was concerned with the unresolved safety issues.
Tim Grandy requested that as-built plans for the septic systems be submitted prior to the plan endorsement.
Paul McAlduff stated that the site was lovely, but he had concerns with the water and septic documentation and the post – facto filing for the buildings.
Ken Buechs moved to recommend approval of the VOSD special permit subject to the following conditions:
The Petitioner has agreed to 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, and this shall be noted on the VOSD plan, as well as incorporated into the Protective Covenants and Restrictions or Deed Restrictions imposed by the Petitioner on the lots within the VOSD development.
This approval does not waive any penalties or fines associated with the post facto structures that may be levied by the Building Department or other Town Boards or Departments.
Prior to endorsement of the VOSD plan or any subsequent ANR Plan for the property subject to this special permit:
- In order to establish safe function of the two dwellings constructed without permits, all permits shall be obtained for the post facto dwellings (shown as the Carriage House apartment over garage, and Mill building dwelling on bank of pond), including Board of Health, Water Department, Electrical, Fire, Plumbing, Conservation and any other permits as required by the Director of Inspectional Services (aka the Building Commissioner) in securing the information necessary to establish that the dwellings are of adequate construction and utilities are safely in place to issue a Certificate of Occupancy, and completion of this condition shall be confirmed by the Director of Inspectional Services. A detailed report on each of the findings of these departments will be provided at the time of proposed plan endorsement. Planning staff shall communicate
with these departments to clarify that these dwellings are not pre-existing grandfathered uses, and should be treated as new construction. A new water pressure test shall be performed to establish adequate water flow and static pressure for the proposed water configuration, after water connections have been clearly established and sized with the Water Department.
- The Protective Covenants and Restrictions or Deed Restrictions imposed by the Petitioner on the lots within the VOSD development shall be presented for recording with the Plan, in a form acceptable to Town Counsel.
- The Petitioner agrees to create a condominium or homeowners trust (“association/trust”) as the form of ownership of the premises, and documents creating said ownership will be presented for recording with the Plan, in a form acceptable to Town Counsel, and shall include, as appropriate:
- Utility easements; access for maintenance by the association/trust of on-site septic and on and off-site private water mains or other private utilities and Guideboard Road maintenance, as needed;
- Access easements for the association/trust to maintain and use the open space;
- Maintenance program for drainage facilities and appurtenances, open space, parking and common drive/emergency access areas to be maintained by the association/trust, which shall be detailed in the association/trust documents; and
- The open space within the project is to be privately owned and maintained by the condominium association or homeowners trust in a manner consistent with conservation and recreational purposes, as noted in this decision. In the event that the condominium or trust should no longer be in existence, the disposition of the open space shall be determined through a mutually agreeable alternative as approved by the Planning Board. The open space shall be managed in a form similar to Attachment A of this decision.
- Through a Municipal Lien Certificate, verification of payment of back taxes, interest and fees owed to the Town for the land shown on the plan, if any, is to be provided to the Planning Board.
- The Petitioner shall install concrete bounds at appropriate open space corners as approved by the Planning Board.
- The plan will be revised to detail the conditions of the approval, as needed, and notes specifying the conditions will be incorporated into the plan or the decision will be recorded at the Plymouth County Registry of Deeds with the plan. Plan revisions shall include:
- The title of the plan will exclude reference to a renewal of a VOSD.
- Each dwelling unit shall be clearly labeled as such, with the number of bedrooms included, on the plans, to be consistent with the Bylaw.
- Emergency access shall be clearly depicted on the plans with associated turning radii, and shall satisfy the concerns of the Fire Department, specifically, widening of Guideboard Road to twenty feet to the access of the proposed new dwelling and including an extension for turnaround hammerhead, as shown on the Petitioner’s plans, to the satisfaction of the Planning Board. Additionally, emergency access to the Mill Building on the dirt drive, including the crossing over the filled wetland area, shall be shown to meet minimum gravel road standards to support emergency vehicle access through a certification by a licensed professional civil engineer. Plans may be revised to show improvements that may be required to satisfy this condition.
- The concerns of the Department of Public Works in the memorandums dated August 20, 2007 and January 19, 2012 shall be addressed to the satisfaction of the Planning Board.
- The 2-inch water main shall be shown to be extended to provide water to the unconstructed single-family dwelling, rather than a private well;
- Utility easements; access for maintenance by the association/trust of on-site septic or utilities, as needed;
- Access easements for the association/trust to maintain and use the open space;
- Concrete bounds at the corners of the open space shall be shown on the plans; and
- Existing and proposed septic systems and other utilities, including as-built conditions, shall be clearly noted on the plans for all units.
Prior to issuance of a building permit or conveyance of any portion of the land subject to this special permit:
- Five (5) sets of full-sized copies of all drawings comprising the VOSD Plan with one complete set of the endorsed plans in the form 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.
- Evidence that association/trust, Restrictive Covenants on the land, and this decision have been recorded must be presented to the Planning Board.
Prior to issuance of a building permit, the Petitioner agrees to attend a pre-construction meeting, and to stake the open space in the vicinity of construction, if any, 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.
Any signage shall comply with the Zoning Bylaw or additional permits will be required.
Tim Grandy, second; the vote was unanimous (5-0).
Marc Garrett rejoined the Board.
The Board took a five-minute recess.
ZBA 3660 – St Bonaventure Church
801 State Road, Map 48, Lot 6E
Special Permit to exceed the 35 ft. height requirement and to waive parking space and driving lane sizes
The Board received the following documentation* for the review of this case:
Draft Staff Report
Memo from Engineering Dept. dated February 29, 2012
Comments from the Manomet Steering Committee, dated March 3, 2012
Comments from the Design Review Board, dated January 25, 2012
Memo from Valerie Massard, dated December 8, 2012
Minutes from the Planning Board Meeting, dated December 12, 2011
Memo from LDA Architecture & Interiors, dated January 11, 2012
Locus Map
Special Permit Plans, dated January 31, 2012
PowerPoint presentation dated March 12, 2012
Treff Lafleche, LDA Architecture & Interiors, presented a request for Special Permits in order to construct a new 10,500 sq. ft. church with 71 ft. high bell tower and relocate and enlarge parking area with a waiver of parking space and driving lane size. The project also includes renovation of existing buildings, relocation of the entrance/exit onto State Road, and plantings including additional trees and a natural wildflower meadow. Mr. Lafleche explained that there would be three parking areas: a paved lot north of the existing and proposed churches; a paved lot to the south of the existing and proposed churches; and an overflow, unpaved parking area at the southern end of the site. The size of the 309 proposed parking spaces will vary in size between 10’x18’ and 9’x18’ sized stalls. The driving lanes vary between 24’ and 25’ in width. The existing church will be renovated into a parish hall and the existing parish center will be renovated into an education center.
Paul McAlduff was supportive of only having one entrance and one exit onto State Road. Mr. McAlduff suggested adding “No Parking” signs along the exit lane.
Ken Buechs asked if walking/hiking trails on the site have been considered. The connections would encourage people walking to and from church. He suggested adding crosswalks within the site for pedestrian safety.
Mr. Lafleche replied that the parish is open to the possibility, but they are waiting to hear from the Town on where the paths could pass through the property before bringing the proposal to the Diocese. He noted that the proposed walkways through the campus could be connected to exterior paths and that crosswalks have been included in the proposed plan.
Marc Garrett was concerned with the proposed width of the driving aisles. Mr. Garrett stated that the 24’ and 25’ driving aisles are not wide enough to accommodate larger vehicles and that 29’ wide aisles would be preferred. The additional 20 ft. would make the parking lot safer.
Mr. Lafleche stated that the parish has asked that the design solve the parking situation in a sustainable manner with the least impact on drainage. He noted that the standards call for a 25’ travel lane and that he would have to discuss changes with the church building committee. The cost of additional asphalt would impact the project.
Tim Grandy asked how many driving lanes would be reduced to a 24’ width.
Mr. Lafleche replied that four of the driving lanes are shown at 24’ and they could be increased to the 25’ standard. He stated that they are seeking relief from making all parking spaces 10’x18’.
Mr. Garrett noted that the 309 parking spaces are in excess of required parking.
Valerie Massard noted that 295 spaces are required under the bylaw.
Mr. Garrett suggested either dropping the back or front row of parking and adding the extra space to the driving lanes.
Larry Rosenblum supported standardizing the parking spaces and travel lanes. Mr. Rosenblum stated that curb parking has a traffic calming effect.
Bill Wennerberg asked what an adequate driving lane width would be if 24’ is too small and 29’ would be too wide.
Mr. Lafleche replied that consistency of travel widths is important and that increasing to 29 ft. would be difficult. He stated that a consistent 25’ width would be acceptable.
Tim Grandy stated that the design criteria is 10’x18’ stalls with 25’ driving lanes and that reductions are not frequently granted.
Public Comment:
Randy Parker, Manomet Steering Committee Chair, stated that the committee was supportive of the project. He requested that number of parking spaces remain as proposed in order to accommodate all vehicles on the site.
Bill Wennerberg moved for the Board to recommend approval to the Zoning Board of Appeals subject to the following conditions:
Prior to a Building Permit for new construction:
- The parking spaces must be 9.5’ x 18’ with 26 foot wide driving lanes throughout the parking lot to improve safety and circulation within the subject property.
- The Department of Public works shall be provided construction plans for review of utilities and drainage;
- Drainage design and site plans shall be submitted to the Conservation Commission for review, and any drainage or site work requiring permits from the Conservation Commission shall be in place.
- Evidence of permission from Mass Highway for the new curb cuts shall be provided.
A Street Opening permit is required prior to opening a public street for construction purposes.
Prior to Final Occupancy: During the review process, the Petitioner agreed to the possibility of including a publicly accessible pedestrian trail through the site, acknowledging that it is subject to approval by the Archdiocese. The Planning office shall work with the Petitioner to establish the potential location(s) of such a pathway with the Parish for review by the Archdiocese, and the pathway shall be established, if approved, by whatever mechanism is deemed appropriate by both parties.
Paul McAlduff, second.
Marc Garrett suggested amending the width to 27’.
Bill Wennerberg stated that he was comfortable with the 26’ width.
The vote was (4-1-0) with Marc Garrett in opposition.
Other Business:
“Topics not reasonably anticipated by the Chair 48 hours in advance of the meeting.”
Paul McAlduff commented that the Board should keep in mind the recent fire in Scituate where four houses that were in close proximity were lost. He stated that the Plymouth beach areas have many structures close together and could face a similar loss.
Tim Grandy moved to adjourn at 10:52 p.m.; Paul McAlduff, second; the vote was unanimous at (5-0).
Respectfully Submitted,
Eileen Hawthorne Approved: March 26, 2012
Administrative Assistant
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