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
Staff Members: Lee Hartmann
Recording Secretary: Michelle Turner and Eileen Hawthorne
Administrative Notes:
B568 – Balboni/Nicks Rock Road – Lot Release
The Board received the following documentation* for the review of this case:
Recorded Covenant
Subdivision Plan
William Wennerberg motioned for the Board to approve and endorse a Release of Covenant* for Lot 22-5 in B568 – Balboni/Nicks Rock Road subdivision; Paul McAlduff second; the vote was (4-0-1) with Marc Garrett in abstention.
ZBA Case No. 3665 – Stanley and Wendy Marshall. 55 Bellevue Drive/Map 50, Lot 30J-14
Request for a Special Permit to waive the side setback requirements for an addition on the garage
The Board received the following documentation* for the review of this case:
Draft Staff Report
Design Review Board comments dated March 22, 2012
Letter of Support from Dawn Newman dated February 2, 2012
Letter of Support from Donna Donovan and Marshall Kennard dated February 2, 2012
Locus Maps and Site Photographs
Fire Department Comments dated March 12, 2012
Plot Plan of Land dated July 13, 2011
Elevations dated December 4, 2012
Copy of Deed
Paul McAlduff motioned to for the Board to recommend approval to the Zoning Board of Appeals; William Wennerberg second; the vote was unanimous (5-0).
B543 - River Run – DPW Plan Endorsement
Tim Grandy moved for the Board to endorse a DPW plan* for the realignment of Bourne Road at the entrance to the River Run Development; Paul McAlduff second; the vote was unanimous (5-0).
The following Form A Plan* was reviewed:
A4418 – Pinehills LLC, Cobblestone, Map 77D, Lots 10-484 (7,178 sf), S-192 (56,409 sf), S-193 (95, 395 sf), and A-225 (30,523 sf) – Divide into lots 10-519 (3,851 sf), 10-520 (3,999 sf), 10-521 (7,172 sf), 10-522 (7,245 sf), S-197 (49,268 sf), S-198 (95,297 sf), A-230 (10,743 sf) and A-231 (11,930 sf)
Paul McAulduff motioned for the Board to endorse A4418; Tim Grandy second; the vote was (4-0-1) with William Wennerberg in abstention.
ZBA 3664 – Town Wharf, Map 14A, Lots 2 & 3
Special Permit to waive required 10 ft. setbacks for new structure; subject to Environmental Design Conditions and Conservation approval for temporary fuel storage tanks, also requires Fire Dept. permits. (4/18)
The Board received the following documentation* for the review of this case:
Draft Staff Report
Memo from Engineering dated March 26, 2012
Town Wharf documentation
Environmental Impact Statement
Existing Condition Plan dated March 13, 2012
Locus Maps and Site Photographs
Site Permitting Plans dated March 12, 2012
William Shaw, Associated Engineers, presented the request for a special permit in order to remove existing fuel storage tanks that are below grade and install new tanks above ground. The new tanks will be within six inches of the lot line. He noted that most of the buildings on Town Wharf are within six inches of their lot lines. Installation will be overseen by the Fire Department. Mr. Shaw presented site photographs.
Lee Hartmann noted that the abutting property is in the Downtown Harbor District and therefore, has a zero lot line. Staff recommends favorably.
Tim Grandy asked for a confirmation that the tanks would be removed.
Mr. Shaw confirmed this and stated that the entire pumping operation would cease while the construction was in process.
Paul McAlduff asked if there were plans for temporary fueling.
Mr. Shaw said there might be, but the work was scheduled during the off-season and would take approximately 30 days to complete.
Paul McAlduff motioned for the Board to recommend approval to the Zoning Board of Appeals subject to the following conditions:
A qualified professional will design the shed and submit final plans for informal review and approval by the Zoning Board of Appeals prior to issuance of a building permit for the shed. Materials and design will be in keeping with traditional materials and waterfront characteristics, such as cedar shingles as siding.
Signs will comply with the Bylaw or additional permits will be required.
Tim Grandy second; the vote was unanimous (5-0).
Appointment
B486 – Village Crossing
Drainage Analysis & Landscape Plan
The Board received the following documentation* for the review of this case:
Memo from Lee Hartmann dated January 19. 2012
Excerpt from the Planning Board Minutes dated June 6, 2011
Stormwater Structure and Basin Operations & Maintenance Program
Letter from Beals & Thomas dated December 22, 2012
Planting Plan dated February 24, 2012
Phase 4 & 5 Plan, dated March 31, 2011
Lee Hartmann noted that staff and the proponents have been working together for several months on preparation of a drainage analysis for B486 – Village Crossing. Mr. Hartmann noted that during previous meetings, three items were discussed: approval of Phases 4 & 5; landscape and buffer issues for abutting residences; and drainage review. Beals & Thomas (the Town’s consultant) and the proponents engineers have worked together to create a drainage plan that when Phases 4 & 5 are completed will represent a reduction in peak stormwater flows from this development to abutting properties. Suggested drainage improvements for O’Toole Estates include installation of a culvert and redirection of stormwater flow. Staff is recommending that a portion of funds donated by the developer could be used
for drainage improvements for O’Toole Estates. Landscape plans have been submitted that will address the abutting neighbors concerns regarding buffering.
Jon Henson presented the landscape plans which include: street trees to provide shade, unit and open space plantings, and buffer plantings to provide screening of units 77-87. The goal is to create a year round buffer. A six ft. high wood plank fence has already been installed as a buffer.
Marc Garrett asked if the applicant has reviewed and accepted the conditions recommended in the staff memorandum dated January 19, 2012.
Atty. Matthew Watsky replied that they have reviewed and agreed to the conditions with a revision to condition #1 which would provide funding to be used toward drafting plans for drainage mitigations.
Larry Rosenblum questioned the use of money collected for public improvements to improve a drainage problem in a private development.
Mr. Hartmann explained that the State does not have plans to make any improvements in the area and the money could be used to address an ongoing problem.
Tim Grandy, Paul McAlduff and Marc Garrett were supportive of the proposed use of funds.
Public Comment:
In Favor: None
In Opposition:
Brian Kaneman, Jack Davis, Brian Healy, Scott Andrews and Penny Freeman. Their concerns included the ongoing flooding, the density of the project, landscaping and buffering, and existing and proposed changes in grade.
The Board closed public comment.
Mr. Rosenblum stated he was not comfortable with the density of the project.
Mr. Hartmann reminded the Board that this is an approved project that originally had 84 units and has been reduced to 79 units.
Atty. Watsky noted that all roof runoff for the proposed units will be captured on site, the unit count is necessary to support the project due to the cost of infrastructure and the construction of a wastewater treatment plant. The homeowners in the development just want the project finished. He stated that the engineering review has shown that the rate of runoff coming off of this property when it is finished will be less than the existing conditions and will exceed the standards for the current DEP Stormwater management criteria.
Lee Hartmann stated that the Board is being asked to allow building permits and release the remaining lots in Phase 3, accept the drainage plans and accept the plans for Phases 4 & 5.
Marc Garrett stated that the project needs to move forward and will require further approvals.
Tim Grandy stated that he was not supportive of the location of units 48-51 which are outside the roadway layout.
Paul McAlduff motioned for the Board to accept the findings of the drainage analysis by Greenseal Environmental and Beals and Thomas; Tim Grandy second; the vote was (3-2-0) with Mr. Wennerberg and Mr. Rosenblum in opposition.
Larry Rosenblum motioned for the Board to explore a cost sharing process for the drainage improvements with the funds the developer has committed to the Town with a cost sharing or partial match from residents of O’Toole Road; Bill Wennerberg second; the vote was (1-4-0) with Mr. Rosenblum in favor. The motion did not carry.
Paul McAlduff moved for the Board to approve the use of the funds the developer has committed to the Town and accepting the in kind funds that were offered by the developer for the drainage design work; Tim Grandy second; the vote was (4-1-0) with Mr. Rosenblum in opposition.
Larry Rosenblum motioned for the Board to notify the Building Commissioner to continue to withhold further building permits because the conditions of the original approval have not been met; Bill Wennerberg second; the vote was (3-2-0) with Mr. McAlduff and Mr. Garrett in opposition.
Bill Wennerberg motioned for the Board to approve the concept of the landscape plan with an allowance for future building adjustments; Paul McAlduff second; the vote was unanimous (5-0).
Public Hearing
B572 – 6 Braley Lane VOSD/Diodato
Map 27, Lots 32 & 30A-19
Create four residential lots and open space
The Board received the following documentation* for the review of this case:
Draft Vote
Site Plan dated January 30, 2012
Environmental Impact Statement
Locus Map and Site Photographs
Marc Garrett read the public hearing notice and opened the public hearing.
Attorney John Wyman presented a VOSD plan that would create three additional residential lots with less pavement, additional open space and individual ownership than was previously approved under a LIP application for a four condominiums.
Lee Hartmann explained that the site is on Braley Lane in the vicinity of the Plymouth Public Library on South Street.
Public Comment:
In Favor:
Robert Boynton supported the proposal, but expressed concerns that more drainage added to Fieldstone Way could impact his property.
In Opposition: None
Mr. Diodato replied that 2 drainage basins existed in the roadway which he will check and that he would be installing rain gardens at the bottom of each driveway to capture runoff.
Paul McAlduff motioned to close the public hearing; Tim Grandy second; the vote was unanimous (5-0).
Lee Hartman confirmed that a condition should be added as agreed by the applicant to explore options regarding the drainage concerns on Fieldstone Way and report back to the Board with his findings.
Atty. Wyman requested a slight change to the condition regarding Landscaping Plan and buffering that it would be changed from “prior to endorsement” to “prior to building permit” and that the buffering and landscape plan be limited to the area of construction.
The Board approved the changes regarding the Landscape Plan and buffering.
Larry Rosenblum motioned for the Board to approve B572 – 6 Braley Lane VOSD/Diodato subject to the following conditions:
All driveway drainage for the new lots shall be contained on-site.
The applicant has agreed to explore the feasibility of options to improve the drainage facilities associated with Fieldstone Way. The applicant shall report to the Planning Board his findings as well as any proposed improvements.
The Village Open Space Density Development as approved is for no more than four (4) residential dwelling units. The Petitioner agrees to waive its right to further subdivide the subject property shown on the Plan pursuant to the provisions of Massachusetts General Laws, Chapter 41, and this shall be noted on the 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. 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. Said restriction
shall be in place prior to the issuance of Building Permits.
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 subdivision 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.
Prior to endorsement of final VOSD Plan and subsequent ANR plan:
- Evidence of payment of the back taxes, interest and fees owed to the Town for this property, if any, through a Municipal Lien Certificate.
- The plans shall be revised to address the concerns of the Town Engineer, Fire Chief, and other advisory reports (if any) subject to final approval by the Planning Board. Said revisions shall include the following:
- Easements should be shown for utility locations, to allow for access and maintenance of the utilities shown on the plan.
- The Department of Public Works shall approve repair details for the any curb cut improvements constructed by the Petitioner, and/or within a public road layout, including repair of any damaged monuments or benchmarks as noted on the plans if located in the vicinity of the proposed work.
- Prior to issuance of a Building Permit:
- Petitioner agrees to the return to the Planning Board with requested revisions of the Plan for final approval, including landscaping plans which demonstrate adequate buffering to existing dwellings (for the new units proposed off Braley Lane), and proposed architectural plans and drainage design for same.
- Five (5) sets of full size copies of all drawings comprising the VOSD 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.
- The Petitioner shall obtain a sign-off for the proposed curb cut improvements from the Town of Plymouth Department of Public Works.
- A pre-construction meeting will be held with Town Hall staff, including the Building Department, Planning Department and Department of Public Works.
- Evidence that (1) the Protective Covenants and Restrictions or Deed Restriction(s) per the Conditions of this decision to be imposed by Petitioner on the subject property, approved as to form by Town Counsel; the Condominium Owners Trust documents in accordance with Massachusetts General Laws, approved as to form by Town Counsel; and (2) this Decision have been recorded with the Plymouth County Registry of Deeds shall be provided to the Planning Board.
- All no-cut and open space areas in the vicinity of any construction on the site will be staked off to the satisfaction of the Planning Board, and shall remain staked off until such time as a Certificate of Occupancy is issued.
- The Petitioner agrees to record a homeowner’s trust, and to provide by way of easement, deed or through a separate covenant the grant of any such land to the homeowner’s trust or the imposition of easements or rights for the benefit of the homeowner’s trust with respect to drainage facilities and appurtenances, utility easements, open space, parking and common drive/emergency access areas to be maintained by the homeowner’s trust in a form acceptable to Town Counsel.
- The Petitioner agrees to provide a maintenance program for drainage facilities and appurtenances, drainage lots, fire tanks, pipes and pump stations, wells, sewage treatment facilities, open space, parking and common drive/emergency access areas to be maintained by the condominium owner’s trust on said Plan or revised plan detailed as an exhibit to the condominium owner’s trust documents referenced above.
Petitioner has agreed to include Protective Covenants and Restrictions and/or Deed Restriction provisions on the open space lots or areas within the VOSD project as shown on the approved plans, in a form acceptable to Town Counsel. Said provisions shall limit the uses of said open space for conservation and recreation, with an allowance for maintenance and permitted recreational uses subject to plans approved by the Planning Board, or its appointed representative(s). The use of the designated open space is for walking trails, footpaths, open fields and conservation, with an allowance for drainage, if any.
In the event that the homeowner’s trust should no longer be in existence, the trust shall offer ownership of the open space to the Town of Plymouth for conservation or recreational purposes, and in the event that the land is not accepted at Town Meeting, the trust shall offer ownership of the open space to a land trust or other similar non-profit organization acceptable to the Planning Board, in either case with a permanent conservation restriction placed on the land. This shall be stated in the Protective Covenants and Restrictions to be imposed on the VOSD by Petitioner.
Any signage shall comply with the bylaw or additional permits will be required.
Paul McAlduff second; the vote was unanimous (5-0).
Other Business:
“Topics not reasonably anticipated by the Chair 48 hours in advance of the meeting.”
Mr. Garrett reminded the Board that the Site Plan Review Standards workshop is scheduled for April 23, 2012 and the reviews of the Industrial/Commercial/Office Land Study Report are scheduled for April 30 2012 and May 9, 2012.
Tim Grandy motioned to adjourn at 9:30 p.m.; Paul McAlduff second; the vote was unanimous (5-0).
*On file with the Office of Planning and Development in project case files.
Respectfully Submitted,
Eileen Hawthorne Approved: April 23, 2012
Administrative Assistant
| 
