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Planning Board Minutes May 7, 2012
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

Marc Garrett and the Board thanked Larry Rosenblum for his 12 years of service on the Planning Board and his many other contributions to the Town.

Administrative Notes:
Minutes:
April 18, 2012*
Tim Grandy moved for the Board to approve the minutes of April 18, 2012 as presented, Bill Wennerberg, second; the vote was (4-0-1) with Paul McAlduff in abstention.

April 23, 2012*
Bill Wennerberg moved for the Board to approve the minutes of April 23, 2012 as presented, Paul McAlduff, second; the vote was unanimous (5-0).

B515 – Nestle Down - Rescission of Release* and Lot Release*
Tim Grandy moved for the Board to endorse the rescission of release for lot 21-4 and a lot release for lot 21-3 on Harbor Seal Way in the B515 – Nestle Down subdivision; Paul McAlduff, second; the vote was unanimous (5-0).  

Form A Plans*:
A4420 – Pinehills LLC, Landmark Drive, Map 77D, Lots A-176 (6.17 A), S-154 (3.05A), 10-402 (0.51A), 10-403 (0.30A), and 10-410 (0.24A) – Divide into lots A-232 (3.45A), A-233 (3.02A), A-234 (2.10A) and S-199 (1.7A)
Paul McAlduff moved for the Board to determine that Form A 4420 is entitled to endorsement, Tim Grandy, second; the vote was (4-0-1) with Bill Wennerberg in abstention.

B437 – Pinehills LLC – Street Name Approval* – Greengate and Portico Way
Paul McAlduff moved for the Board to approve the street names of Greengate and Portico Way off Landmark Drive in the Pinehill’s Development; Tim Grandy, second; the vote was (4-0-1) with Bill Wennerberg in abstention.

Update – Pinehills LLC
        Presentation of a new neighborhood
The Board received the following documentation* for the review of this case:
Architectural Drawings
Greengate and Portico Way Village Green Neighborhood plan dated April 2012
John Judge, Pinehills LLC, updated the Board on the recent activity in the Pinehill’s Development.  Last year (2011) more homes were sold than in any year since 2006.  Home sales to date in 2012 are 30 percent higher than in 2011.  Sales and rentals of homes/apartments in the Village Green area have been very successful.  A condominium ownership neighborhood of 31 units is proposed off Landmark Drive.  
Dan Green, The Green Company, explained that the proposed neighborhood was created by walking the land, siting the units and then designing the road layout in order to maximize privacy and views.  There will be one single unit and 15 duplex units that will front on green space with garages in the rear.  All units are 150 ft. from the right of way of Clark Road and the roadway has a 100 ft. setback from Clark Road.  The only encroachment on the 100 ft. setback will be three drainage areas.  A retaining wall is proposed and will vary in height from 3-5 ft.  Mr. Green presented an artist’s rendering of the proposed units.  The units will vary in size between 1500 sq. ft. and 2100 sq. ft.  A walkway will be sited along the front of the units to create a connection between the homes.  Each unit will have a small garden area and picket fence in front of the porch area.  
Paul McAlduff asked if the construction of the units would meet the Commonwealth’s Stretch Code requirements for energy efficiency.  
Mr. Green stated that they either comply or are very close to meeting the stretch code requirements and the Green Company is taking steps to become energy efficient.  
Larry Rosenblum asked for an explanation of a section through the buffer, whether similar neighborhoods would continue along Clark Road and why the property was divided into two lots.
Dan Green showed pictures of the buffers and reviewed the topography along Clark Road; stated that they would love to build more neighborhoods along Clark Road if this neighborhood is successful; and the two lots were created for phasing and financial reasons.  
The Board was supportive of the proposed neighborhood.  

Site Plan Review
        Hedges Pond Road
Staff Memo dated May 3, 2012
Engineering Dept. Comments dated April 10, 2012                         
Locus Map
Landscape Legend and Plan received April 30, 2012
Zoning Permit Site Plan dated March 13, 2012
Stephen Kotowski, Webby Engineering, handed out a revised plan dated April 24, 2012.  
The plan showed a 50’x80’ warehouse/office building with four garage bays at the rear and office space in front.  The site will have a private well and septic system.  Two areas have been provided for stormwater runoff with several drains to capture roof runoff.  The paved surface will have 25 ft. travel lane with a turnout area in front and 35 ft. access at the rear of the building.  A 2 ft. retaining wall is proposed along the south side of the building; a fenced dumpster is located at the rear of the building; and bollards will be installed along the front of the building.  The garage spaces will have floor drains with tight tanks to capture any internal spillage.  The site is currently void of vegetation and the applicant has submitted a landscape plan.    
Valerie Massard commented that the revised plan was based on feedback regarding grading, buffers, utilities and access concerns raised by staff in its review of the original plan and  recommended that the revised plan be circulated to the Fire Department and DPW for review.  The Board of Health will review the proposed well and septic systems.  Ms. Massard noted that the submitted landscape plan does not comply with the minimum standards of the Zoning Bylaw.  
Paul McAlduff was concerned with the emergency access and ability of trucks to maneuver into the bays at the rear of the building especially the southern most bay.  Mr. McAlduff suggested moving the parking lot further south.    
Marc Garrett suggested adding a hammerhead turnaround at the rear of the site and moving the dumpster closer to Hedges Pond Road.  
Tim Grandy was concerned with safety in front of the building.  Mr. Grandy asked if there was a potential for a sidewalk easement along Hedges Pond Road.    
The Board requested that the applicant return with a final site plan and landscaping plan prior to a recommendation.
ZBA 3666 – EJ Pontiff Inc.
        Off Black Cat Road/Map 90, Lot 20-1
        SP subject to EDC for removal of 256, 000 cubic yards of gravel in order to expand cranberry bog
Staff Report
Locus Map
Engineer’s Narrative dated March 15, 2012
Environmental Impact Statement
Engineering Dept. Comments dated April 10, 2012
West Plymouth Steering Committee comments dated May 1, 2012
ZBA Case No. 3479 Decision
ZBA Case No. 3580 Decision
ZBA Petition Plan dated February 28, 2012
Atty. Edward Angley began the presentation by stating that the issue that was raised during the West Plymouth Steering Committee presentation regarding the noise of the pump has been addressed.  A muffler has been installed and the pump will be monitored.  
Mark Flaherty, Flaherty & Stefani, Inc., presented the request for a special permit for gravel removal in order to remove approximately 256,000 cubic yards of sand and gravel in order to construct expanded cranberry bog operations.  The petitioner has been granted two previous special permits for gravel removal on abutting properties.  Existing cranberry bogs will be expanded by 3.6 acres and the existing tailwater recovery pond will also be expanded.  The project has been reviewed and approved by the Conservation Commission.  The site is accessed by a paved driveway entrance onto Black Cat Road.  The truck route will remain the same as in the previous special permits.  The first phase of the project has been planted and the second phase will be complete and planted by next spring with the side slopes and stabilization completed this year.    
Valerie Massard noted that conditions were added that no more than five acres of all phases can be disturbed at any given time and the noise reduction mitigations should define which pumps were an issue and implemented within six months.  Staff is recommending favorably.  
Paul McAlduff asked for an estimate on how long it will take to complete the gravel removal and what the hours of operation would be.
Mr. Flaherty replied that it would take two years and the operation would take place Monday through Friday from 7:00 a.m. to 4:00 p.m.  
Larry Rosenblum asked for clarification on the status of the cranberry industry.  
Atty. Angley explained that the long term prospects are good given that the new vines are producing 300 barrels per acre and start producing faster.  Older bogs produce 150 barrels per acre.  He stated that for every acre of bog there are three acres of uplands which is good for the ecology.  
Tim Grandy asked for clarification on the proposed truck route.
Mr. Flaherty explained that the trucks will travel on Black Cat Road to Micajah Pond Road, west on Federal Furnace toward Rte. 495.  
Marc Garrett stated that the area has an extensive corridor of cranberry bogs.  The creation of new bogs is more efficient and the newer bogs produce more vigorous berries.  The New England cranberry industry is trying to recover and be competitive in today’s market.  
Paul McAlduff moved to recommend approval to the Zoning Board of Appeals subject to the following conditions:
No more than 5 acres of the entire cranberry bog operation and associated earth removal activities, whether by this permit or previous special permits on the premises, shall be exposed at any time.
Prior to the start of excavation, a marked-up plan showing the pump facilities in question with respect to noise raised at the West Plymouth Steering Committee meeting, and a noise reduction implementation plan, shall be submitted to the Board of Appeals.  Said noise reduction plan shall be implemented within six (6) months of the start of excavation, and a written report detailing the activities undertaken shall be submitted within seven (7) months of the start of excavation to the Board of Appeals with any additional necessary steps that have been identified, with a proposed timeline, which is subject to approval by the Board of Appeals.  Failure to provide this information shall be determined to be a failure to meet the conditions of this special permit.
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:
        (a)     Violations of the conditions of the original permit.
        (b)     The work site has been deemed abandoned by the Building Commissioner.
        (c)     Proper stabilization methods are not maintained.        
        (d)     Documented violation of agreed upon truck routes.       
The Petitioner has offered a gift towards the repair of the roadways in the vicinity of the project.  A gift of $0.10/cubic yard of material removed for road repair in the vicinity of the project, to the Town of Plymouth, shall be offered prior to removal of more than 100,000 cubic yards from the property.
Prior to commencement of excavation: (1) 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; and (2) a Municipal Lien Certificate shall be provided as evidence of payment of any back taxes, fees or penalties owed to the town, if any.
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 of 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 of any sand that accumulates on the truck route as a result of the excavation of material on a daily basis.
The Petitioner shall provide an “as-built” survey which verifies that no more than 256,000 cubic yards 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.
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.  
A heavy-equipment truck route shall be designated and approved by the Board of Appeals.  
No excavation shall be larger than five (5) acres for earth removal, storage, and/or processing at one time.  Prior to the commencement of excavation of any subsequent areas the preceding five (5) acre operation the preceding five (5) acre operation shall be stabilized either temporarily or permanently.  
The Petitioner shall permanently stabilize any portions of the site that are not under construction after earth removal activities have ceased for a period of six (6) months.  
A performance bond determined by the Town, and directly tied to the restabilization 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.  
Integrated Pest Management Techniques (outlined in the Department of Agriculture's guidelines entitled “Integrated Pest Management (IPM) Techniques Required for Regulations Governing Protection of Groundwater Sources of Public Drinking Water Supplies from Non-point Pesticide Contamination”) are to be utilized on the bogs.
If all of the above noted conditions are not adhered to the Building Commissioner may cause all excavation work to cease until the problems identified are corrected.
Larry Rosenblum, second; the vote was unanimous (5-0).

ZBA 3667 – McDe Realty Trust
        2240 State Road/Map 54, Lot 14
        SP to exceed the 60’ front setback requirement and to exceed the 6,000 sq. ft. floor area and to construct a 9,504 sq. ft. retail plaza
Staff Memo dated May 3, 2012
Engineering Dept. Comments dated May 2, 2012
Staff Report dated November 15, 2011
Cedarville Steering Committee Comments dated May 1, 2012
Building Elevations
Site Plan dated March 28, 2012
Atty. Edward Angley and Mark Flaherty presented a request for a special permit in order to construct a 9, 504 sq. ft. retail plaza.
Paul McAlduff asked for clarification on whether the previously denied petition for this site under ZBA #3638 would preclude the petitioner from refiling for two years.
Valerie Massard explained that the Building Commissioner has determined that this petition is a substantial change from ZBA 3638.  The size of the building has been reduced, the drive-through has been eliminated and no waivers of parking are proposed.  The petitioner has also worked with the DPW to address drainage issues on Old County Road and Florence Street.  Ms. Massard noted that the Fire Department will review the plans to insure that there is an adequate turning radius for emergency vehicles.  There may be some slight revisions to address any concerns of the Fire Department.  
Paul McAlduff asked if the plan included widening of State Road.
Atty. Angley explained that a deceleration lane has been provided.  
Mr. McAlduff asked how the loading area will work.
Mr. Flaherty explained that trucks will pull up behind the building into a 24’x45’ loading area to off load supplies.  There will not be a loading dock.  
Public Comment:
Jack Girard expressed his concern that the drainage improvements may disturb an existing underground stream that the town is monitoring.  Mr. Girard requested that the petitioner schedule the times that the dumpster is emptied at appropriate hours.  
Tim Grandy moved to recommend approval to the Zoning Board of Appeals subject to the following conditions:
  • Prior to issuance of Building Permit:
  • The Petitioner shall provide evidence of payment of all back taxes and outstanding fees, if any, through Municipal Lien Certificate;
  • Evidence of recording of special permit shall be provided to the Building Commissioner at the Land Court or Registry of Deeds;
  • Evidence of a curb cut permit from MassHighway shall be provided;
  • Evidence of Street opening permit from DPW shall be provided;
  • The Petitioner shall submit a final site plan after addressing the comments of the Fire Department and Department of Public Works Engineering Division memorandums for final approval by the Board of Appeals, which shall include:
  • Easements or restrictions for landscaping, signage, poles or other structures necessary for maintaining adequate sight lines on State Road and turning radii within the site shall be shown on the plans; and
  • Language is to be included on the final plans noting a provision for future connection by abutting commercial properties for shared access and/or parking provisions.
  • The Petitioner shall submit architectural plans for final approval by the Board of Appeals, subject to advisory review by the Design Review Board and Planning Board, including, but not limited to:
  • Details on height, screening of rooftop mechanicals, use of traditional building materials, colors, and front, side and rear elevation views; and
  • Exterior lighting details consistent or complimentary in design with nearby existing uses in the commercial zone for the parking lot shall be included.
  • Prior to issuance of a Final Occupancy Permit:
  • A Registered Landscape Architect or other qualified licensed professional must certify to the Building Commissioner that the required landscaping has been installed substantially in accordance with the approved site plan and Zoning Bylaw;
  • A report must be submitted to the Building Commissioner by a Registered Professional Engineer, certifying that the drainage system, drive ways, curbing, and parking areas including off-site road clearing improvements as depicted in the Traffic Assessment prepared by Ron Müller & Associates, Hopkinton, Massachusetts dated July 26, 2011; sidewalk and turnout lane along State Road have been installed to the satisfaction of the Department of Public Works, Building Commissioner, and MassHighway; and according to accepted practices and in compliance with the Zoning Bylaw and approved site plan;
  • Off-site drainage improvements, as shown on the Drainage Improvements for Old County Road & Florence Street sheet in the Site Plan, shall be installed to the satisfaction of the Department of Public Works and the Building Commissioner;
  • The Petitioner shall install lampposts for pedestrians, evenly distributed, along the proposed sidewalk adjacent to State Road if approved by MassHighway to the satisfaction of MassHighway and the Building Commissioner;
  • The project is subject to the Prevention of Light Pollution Section of the Zoning Bylaw and compliance must be documented;
  • Evidence that the placement of a pedestrian crosswalk marking in this vicinity of State Road has been reviewed by Mass Highway, and installed if the Petitioner has been granted approval by the same;
  • All requirements of the Town Water Department with respect to water connections will be satisfied; and
  • Adequate parking for the use proposed, now and in the future, shall be demonstrated for each use in context with the site.  
  • Any signage on the property is subject to the Zoning Bylaw or additional permits are required.
  • Minor modifications to the design and location of buildings, parking, landscaping and other site elements may allowed by the Building Commissioner (aka Director of Inspectional Services) to accommodate reasonable and/or necessary field conditions which modifications do not amount to a substantial modification of the plans.  Such changes as substituting a particular plant material or number of shrubs or trees where it is impractical to do something, or move a building in a manner which does not materially change the project, or slightly reconfigure a drainage area or parking space may be allowed.
  • In the event of disagreement between the Petitioner and any town agent concerning the implementation of these conditions, the Board of Appeals reserves to right to make the final judgment or approval.
Paul McAlduff, second; the vote was unanimous (5-0).  

ZBA 3668 – BLT Realty Trust
        463 Ryder Way/Map 37A, Lots 349, 350, and 351
        SP to tear down a non-conforming structure, rebuild and modify a non-conforming structure; and to waive setback requirements
Draft Staff Report
Town Meeting Language Articles 11 and 12
Locus Maps
Architectural Plans
Site Plan dated March 13, 2012
Marc Garrett read a request for a postponement from the petitioner’s attorney.
Paul McAlduff moved for the Board to continue the review of ZBA #3668 to May 14, 2012; Bill Wennerberg, second; the vote was unanimous (5-0).   

The Board members all thanked Larry Rosenblum for his service to the Board and to the Town.

Larry Rosenblum moved to adjourn at 8:47 p.m.; Tim Grandy, second; the vote was unanimous (5-0)

Other Business:
“Topics not reasonably anticipated by the Chair 48 hours in advance of the meeting.”

*On file with the Office of Planning and Development in project case files.  
Respectfully Submitted,





Eileen Hawthorne                                Approved:  May 14, 2012
Administrative Assistant