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, Bill Wennerberg, Malcolm MacGregor, and Tim Grandy
Planning Board Alternate: Ken Buechs
Staff Members: Lee Hartmann and Valerie Massard
Recording Secretary: Eileen Hawthorne
Board Re-Organization
Chair
Malcolm MacGregor nominated Marc Garrett for Chair.
Tim Grandy nominated Paul McAlduff for Chair.
The vote for Marc Garrett was 3; the vote for Paul McAlduff was 2.
Marc Garrett was reappointed as Chair.
Vice Chair
Malcolm MacGregor nominated Bill Wennerberg for Vice Chair.
Tim Grandy nominated Paul McAlduff for Vice Chair.
The vote for Bill Wennerberg was 3; the vote for Paul McAlduff was 2.
Bill Wennerberg was appointed as Vice Chair.
Clerk
Bill Wennerberg nominated Paul McAlduff for Clerk.
The vote was (3-0-2) with Marc Garrett and Malcolm MacGregor in abstention.
Clerk Pro-tem
Paul McAlduff nominated Tim Grandy for Clerk Pro-tem; the vote was unanimous 5-0).
Administrative Notes:
Minutes:
May 7, 2012
Paul McAlduff moved for the Board to approve the minutes* of May 7, 2012 as presented; Bill Wennerberg, second; the vote was (4-0-1) with Malcolm MacGregor in abstention.
B572 – Diodato, Braley Lane/Fieldstone Way VOSD – Plan Endorsement and
A4425 – Augustino Diodato, Braley Lane/Fieldstone Way, Map 27, Lot 32 (0.579A) and 30A-19 (1.24A) – Divide into lots 32-2 (0.137A), 32-3 (0.138A), 32-4 (0.284A) and 32-5 (1.235A)
Tim Grandy moved for the Board to endorse the plan* for B572 – Braley Lane/Fieldstone Way VOSD and to determine that A4425* was entitled to endorsement; Paul McAlduff second, the vote was unanimous (5-0).
Form A Plans:
A4422 – Richard and Michelle Tassinari and Bank of New York, Mellon, Bumpus Road, Map 98, Lots 44A (0.57A) and 42G (0.75A) – Lot Line Adjustment to create lots 44A-1 (0.60A) and 42G-1 (0.71A)
Paul McAlduff moved for the Board to determine that A4422* was entitled to endorsement, Tim Grandy, second; the vote was unanimous (5-0).
A4423 – Carin Smith and Michael & Susan Connerty, Micajah Pond Road, Map 90, Lots 37A-1 (0.66A0 and 37A-2 (0.62A) – Lot Line Adjustment to create lots 37A-11 (0.65A) and 37A-12 (0.63A)
Malcolm MacGregor moved for the Board to determine that A4423* was entitled to endorsement, Paul McAlduff, second; the vote was unanimous (5-0)
A4424 – Long Pond Golf Corporation, 444 Long Pond Road, Map 77A, Lots 6C (231.96A) and 6-13 (1.45A) – Lot Line Adjustment to create lots 6D (231.47A) and 6-23 (1.97A)
Paul McAlduff moved for the Board to determine that A4424* was entitled to endorsement, Malcolm MacGregor, second; the vote was unanimous (5-0).
Committee Liaisons/Members
The Board reviewed their committee liaison and/or member positions and made the following changes:
County Land Committee – eliminated
Downtown/Waterfront Traffic Study – eliminated
1820 Courthouse Consortium – Tim Grandy
Plymouth Growth and Development Corporation – Malcolm MacGregor
All other positions remain the same.
Bill Wennerberg moved to re-appointed Kenneth Buechs as the Planning Board Alternate, Paul McAlduff second; the vote was (4-0-1) with Malcolm MacGregor in abstention.
Site Plan Review
Ellis Haven Solar Field
The Board received the following documentation* for the review of this case:
Staff Report
Dimensions and Specifications
Cross Section
Locus Map
Site Plan dated April 24, 2012
Randy Parker, Land Management Systems, Inc., presented the site plan for a solar field on a 3 acre site behind a row of industrial buildings off South Meadow Road. The site is already cleared and is sandy with small areas of indigenous grass. The area will be covered with wood chips once the ½ megawatt solar panel facility is installed. The site will be accessed off Federal Furnace Road through the Ellis Haven Campground. The site is located in a priority estimated habitat area and is under review by Natural Heritage. There are no wetland areas on the site.
Marc Garrett asked if Natural Heritage has indicated that they are supportive of the use on the site. He stated that if turtles are the endangered species, the preferred habitat would be grass and bare ground, not wood chips.
Mr. Parker stated that Natural Heritage has not submitted any formal comments and that the ground could be left in its natural state.
Bill Wennerberg preferred gravel instead of wood chips for ground cover.
Tim Grandy was supportive as long as the site is stabilized with an approved material.
Lee Hartmann suggested adding a condition for adequate erosion control of the site subject to the approval of Natural Heritage.
Malcolm MacGregor asked for an explanation of “½ megawatt” and how the site would be maintained under the solar panels.
Eric Decesare, explained that the solar panels would generate approximately ½ megawatt of power for an estimated five hours per day.
Mr. Parker stated that growth would have to be cut back occasionally.
Paul McAlduff noted that the panels would have to be cleaned periodically.
Mr. Grandy asked if the solar panels have higher efficiency ratings than wind turbines.
Mr. Decesare stated he does not deal with turbines, but solar panels require less maintenance and have fewer moving parts.
Ken Buechs noted that during a discussion on alternative energy, the solar field has a higher return.
Public comment:
In Favor
Karen Buechs stated that a solar field is less obtrusive than a wind turbine.
In Opposition:
None
Malcolm MacGregor moved for the Board to notify the Building Commissioner that the site plan for the Ellis Haven Campground’s proposed solar array off South Meadow Road (Map 97, Lot 6-7) will comply with the requirements of the Zoning Bylaw after the following issues are addressed:
The Airport Commission has no objection with the proposed solar array, regarding potential glare to approaching aircraft.
An eight (8) foot galvanized chain link fence with 3 strand barbed wire is proposed to surround the solar array, however; no details are shown on the submitted plans.
The Applicant may be required to file with the Massachusetts Environmental Policy Act (MEPA) Office if a state permit is required and/or state funds are provided for this project.
The Applicant may be required to file with Natural Heritage as proposed work appears to lie within Estimated and Priority Habitats of Rare Wildlife and Priority Habitats of Rare Species.
All service roads should conform to emergency vehicle access and turn radius requirements, as required by the town’s fire department.
Any installed lighting is to comply with the Prevention of Light Prevention Bylaw, Section 205-65 (Dark Sky Initiative).
Ground cover suitable to prevent erosion, as approved by Massachusetts National Heritage, which enforces the Massachusetts Endangered Species Act (MESA), shall be shown on the plan.
Tim Grandy, 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
The Board received the following documentation* for the review of this case:
Staff Report
Town Meeting Votes
Locus Maps
Site Photographs
Architecturals/Elevations
Plan dated March 13, 2012
Handouts: Floor Plans and revised language for condition #1
Atty. Robert Betters and Mark Flaherty, Flaherty and Stefani Inc., presented the request to demolish an existing cottage on Long Beach and rebuild in the same location a two story cottage on pilings (with an elevation of sixteen feet). The cottage would be a deed restricted one bedroom seasonal dwelling and a new Title V septic system will be installed. There is an existing well servicing the site. The site was part of a land swap with the Town and is subject to a right of first refusal should the property ever be sold. Atty. Betters submitted a proposed revision* to language in the draft staff report that would allow two small decks to be enclosed for living space in the future.
Valerie Massard noted that architectural drawings were handed out prior to the meeting that details the location of the two small decks. Ms. Massard stated that an existing solar panel and wind turbine will remain.
Paul McAlduff asked if David Gould is supportive of the proposal.
Ms. Massard stated that the plans are consistent with the ongoing negotiations regarding the land swap.
Malcolm MacGregor expressed his concerns with the depth of the well and the relationship to the septic system.
Tim Grandy was concerned with protection of the water table.
Paul McAlduff asked how the equipment would access the site.
Mr. Flaherty stated that the equipment will be brought in through Ryder Way.
Ken Buechs was concerned that the proposed two bathrooms would allow for additional bedroom space.
Mr. Flaherty reiterated that the bedroom count will be deed restricted to one bedroom.
Bill Wennerberg moved to recommend approval to the Zoning Board of Appeals subject to the following conditions:
Deck adjacent to the doors of the ‘Childrens Play Area’ on the first and second floors may be enclosed for future living space. Any other decks shall not be enclosed for future living space, unless the Board of Appeals approves a modification of the special permit through the public-hearing process.
The dwelling will be limited to one (1) bedroom.
The Board of Health, in its review of the Title V septic system, shall review the depth of the source of the well (believed to be an artesian well several hundred feet deep) as compared to the freshwater/saltwater lens to ensure that the two areas do not intersect.
Paul McAlduff, second; the vote was unanimous (5-0).
ZBA 3669 – Joseph Marshall
7 Whiting Street/Map 22, Lot 90
SP to waive side setback requirements in order to construct a pergola
The Board received the following documentation* for the review of this case:
Staff Report
Zoning Board of Appeals Decision #3431
Site Photographs
Site Layout
Site Plan dated March 14, 2012
Handouts: Letter from John Lebica dated May 14, 2012
Joe Marshall presented plans for proposed pergola to support an old and mature wisteria vine and to frame an entrance to his side door. The pergola would align on existing fence line along the abutting property.
John Lebica, the abutting neighbor, expressed his objections to having the proposed pergola so close to the property line. He suggested moving the posts for the pergola 3 feet from the property line, but Mr. Marshall was not amenable.
Mr. Marshall stated that he would like to reach a compromise with Mr. Lebica.
Lee Hartmann stated that the Board could vote to recommend denial of the proposal as presented with a second vote to support a compromise is reached.
Terry Keating, co-owner of 7 Whiting Street, stated that moving the post 3 ft. would put it in the middle of the existing walkway.
Bill Wennerberg moved to recommend denial to the Zoning Board of Appeals as presented, Paul McAlduff, second; the vote was unanimous (5-0).
Bill Wennerberg moved to recommend approval if a mutually agreed design concept is submitted, with final approval by the Planning Board Chair, Malcolm MacGregor, second; the vote was unanimous (5-0).
Other Business:
“Topics not reasonably anticipated by the Chair 48 hours in advance of the meeting.”
ZBA 3666 – Pontiff Memo
Valerie Massard stated that last week the Board recommended in favor of the request for a special permit for gravel removal for Phase 3 construction of cranberry bogs under ZBA 3666. Subsequently the Building Commissioner discovered that Phase 2 is not in compliance with the conditions of the special permit. The draft memo* to the Zoning Board of Appeals recommends that the current petition is continued until such time that compliance of the Phase 2 special permit is resolved. The petitioner is working to resolve the issues.
The Board was supportive of forwarding the memo to the Building Commissioner and the Zoning Board of Appeals.
Tim Grandy moved to adjourn at 8:35 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: May 21, 2012
Administrative Assistant
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