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, Malcolm MacGregor, and Bill Wennerberg
Planning Board Alternate: Ken Buechs
Staff Members: Lee Hartmann, Valerie Massard and Patrick Farah
Recording Secretary: Eileen Hawthorne
7:00 p.m. Administrative Notes:
Minutes:
The Board approved the minutes of October 1, 2012* as presented.
B296 – Ponds at Plymouth – Lot Release
Memo from Valerie Massard dated October 11, 2012
The Board approved and endorsed a lot release for lot 7-59T (a.k.a. 1063A).
Form A Plans*:
The Board determined that that the following Form A plans are entitled to endorsement:
A4438 - Colburn C Wood, Jr & EJ Pontiff, Inc., Off Black Cat Road, Map 90, Lots 17-3 (29.97 A), 18B (2.58A), 20-1 (16.0 A) & 21-1 (15.0A) – Lot line adjustments to create Lots 17- 5 (47.7 A), 18-1 (1.4A) and 20-3 (12.0 A)
A4439 – Boston Minuteman Council Inc., Little Sandy Pond Road, Map 59, Lots 38, 39 and 40 (58.09A) – Divide into Lots 38-1 (4.26A), 38-2 (3.52A), 38-3 (3.0A), 38-4 (27.0A), 39-1 (3.03A), 39-2 (2.77A), 39-3 (2.78A), 39-4 (2.79A) 39-5 (2.82A), and 40-1 (5.14A)
Paul McAlduff moved for the Board to approve the Administrative Notes as presented; Malcolm MacGregor, second; the vote was unanimous (4-0).
B510 – Stonegate Farm – Covenant Extension
The Board received the following documentation* for review of this case:
Memo from Valerie Massard dated October 11, 2012
Letter from Withington & Betters dated October 1, 2012
Draft Vote
Previous Vote dated November 15, 2010
Atty. Robert Betters presented the request for a covenant extension for B510 – Stonegate Farm. In the original decision the petitioner agreed to contribute $175,000 to the Town for intersection improvements at Montgomery Drive and Carver Road. To date, the applicant has contributed $116,915. If granted, the petitioner has requested a two year extension of the covenant and the final payment of $58,085 to November 7, 2014.
Valerie Massard stated that staff was supportive of the request. She also noted that the State has issued another two year extension of the Permit Extension Act.
Malcolm MacGregor moved for the Board to extend the covenant and the final payment to November 7, 2014; Paul McAlduff, second; the vote was unanimous (4-0).
Conceptual Review – Postponed to November 5, 2012
25 Howland Street, Map 17, Lot 156A
Marc Garrett announced that the conceptual review for 25 Howland Street has been continued to November 5, 2012 at the request of the owner.
Site Plan Review - Solar Field
Powderhorn Pond Road, Map 92, Lots 13A, 13B, 13C & 14
The Board received the following documentation* for review of this case:
Staff Report
Locus/Aquifer Protection Map
Site Permitting Plans dated September 20, 2012, revised October 9, 2012
Marc Garrett recused himself from this review and joined the audience. Bill Wennerberg acted as Chair.
Bill Shaw, Associated Engineers, presented a site plan review for a 2.1 acre solar farm off Rocky Pond and Powderhorn Pond Roads. The solar farm would consist of 2,600 cells with a 12’x16’ converter building, pad and associated drainage. Five existing cesspools would be removed and a Title V septic system will be installed to service the existing dwellings. The petitioner has discussed with DPW providing a drainage easement on Rocky Pond Road. All material moved during grading will remain on site. The petitioner is in discussion with the abutting neighbors regarding tree removal and replacement for screening. There will also be a fence installed for screening and security purposes. A request will be made to the Town and the State to remove 50 ft. of vegetation and trees along the
border of the proposed solar field. The abutter had some concerns about potential noise which have been addressed.
Mr. Wennerberg asked what type of noise would be generated.
Mr. Shaw replied that it probably would be a humming noise.
Malcolm MacGregor and Paul McAlduff were not supportive of removing a forested area to create a commercial use in a residential area. He was also not supportive of removing vegetation from Town and State property. Mr. McAlduff was also concerned with the damage to wildlife in the area.
Mr. Shaw noted that only 2 acres of the 19 acre site will be used for the solar farm. The remaining acreage will be preserved. He also noted that the installation of the septic system would be an ecological benefit to Powder Horn Pond.
Patrick Farah stated that staff was concerned with the proposed 50 ft. cut on Town and State land. He was also concerned that there was not written agreement between the abutter and the petitioner regarding adequate screening. Mr. Farah noted that a solar field is an allowed use on this property.
Mr. Shaw explained that the petitioner does not have any issues with the conditions in the staff report and that there are several conditions proposed that would protect the abutters.
Atty. Edward Angley stated that the benefit outweighs the detriment. The site would support five houses instead there will be no further development on the remaining 17 acres. The cesspools will be removed, a Title V septic system will be installed and drainage will be improved. The energy credits produced will be used by the owner for electricity for his business. Atty. Angley stated that there would be minimal impact to wildlife.
Lee Hartmann explained that the Board gives an advisory recommendation to the Building Commissioner. Any denial would have to be based on the Zoning Bylaw. He noted that alternatives for the site could include a golf course, subdivision or gravel removal.
Atty. Angley agreed to work with staff to create a mechanism to limit development on the remaining 17 acres.
Malcolm MacGregor moved for the Board to notify the Building Commissioner that the site plan will comply with the requirements of the Zoning Bylaw provided the following comments are addressed:
The Applicant may be required to file with 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 the Plymouth Conservation Commission and Massachusetts Department of Environmental Management regarding proposed clear cutting on protected open space lands.
The Applicant shall provide adequate screening measures between the project site and abutter Charles J. and Kathleen M. Goodman which shall be shown on a landscaping plan, prepared by a Professional Landscape Architect and filed with the Building Department.
The Applicant agrees to record the attached Declaration of Restrictive Covenant prior to issuance of a Building Permit.
All service roads shall conform to emergency vehicle access and turn radius requirements, as directed by the Plymouth Fire Department.
Any material removed from the proposed project site, if deemed necessary, in excess of 10 cubic yards shall require a gravel removal special permit.
A written agreement between the Petitioner and Department of Public Works, whereas the Petitioner shall convey a drainage easement over portions of Lot 13B, shall be arranged for the benefit of future drainage mitigation along Rocky Pond Road.
Any installed lighting is to comply with the Light Pollution Bylaw.
Paul McAlduff, second; the vote was unanimous (3-0).
Marc Garrett rejoined the Board.
Public Hearing: (cont.)
B574 – Doten Road RDD
The Board received the following documentation* for review of this case:
Memo from Valerie Massard dated October 11, 2012
Letter from James Tribble dated October 8, 2012
Plan of Land showing Lot DE1 dated March 30, 1966
Plan of Land dated April 25, 1956
Statement from Proponent and copy of deed received at Planning Board Meeting September 10, 2012
Decree Allowance of Will
Affidavit of Notice to Devisees and Legatees
Judgment on Account
Copy of Deed
Affidavit regarding Estate Taxes
Copy of Deed
Plan of Land showing Lot DE1 dated March 30, 1966
Locus Map
Plan of Land dated June 28, 2012
Marc Garrett announced that the petitioner has requested that the public hearing be continued due to the unexpected absence of on one the voting Planning Board members, Tim Grandy.
Paul McAlduff moved to continue the public hearing to November 5, 2012 at 7:15 p.m.; Bill Wennerberg, second, the vote was unanimous (4-0).
ZBA 3599 Remand – Poirier Realty Trust/Deeb
Saquish Beach, Map 132, Lots B-6 and B-126 – Special Permits to enlarge/alter a nonconforming structure and to waive the side setback requirement in order to alter and enlarge the existing dwelling, Post Facto
The Board received the following documentation* for review of this case:
e-mail from Keith and Luanne D’Entremont dated October 1, 2012
e-mail from Marilyn and Timothy Foley dated October 1, 2012
draft Staff report from October 1, 2012
Minutes of September 13, 2010
Memo from Engineering Dept. dated September 18, 2012
Locus Map and Photographs
Plans dated June 8, 2010
Bill Shaw, Associated Engineers, presented the three options remanded to the Zoning Board of Appeals (ZBA) for their denial of Case No. 3599 which was appealed by the petitioner. The options include leaving the building as is and installing downspouts and drywells for drainage; move the building so it is 6.5 ft. from the westerly abutter and 10 ft. from the easterly abutter and install drainage (this option would also likely include raising the building to meet base flood elevations) or remove the addition that was built post facto. Mr. Shaw stated that the petitioner would like to leave the building where it is and make the drainage improvements.
Valerie Massard announced that the petitioner has requested a continuance of the ZBA’s public hearing that was scheduled for Wednesday, October 17, 2012. Ms. Massard noted that the Planning Board recommended denial and the ZBA denied the original petition. She read two e-mails from abutters who were concerned that the petitioner did not obtain the proper permits from the Town for the addition, has disturbed the eco system, and that the addition constructed could pose a fire hazard as the cottages on Saquish are in close together. Ms. Massard stated that staff is recommending that the structure be relocated and that the proposed drainage mitigations be installed.
Mr. Shaw reaffirmed that his client’s preference is to leave the building where it is and install the proposed drainage. The cottage currently sits below base flood elevations and if moved will likely have to be lifted three feet to meet current standards. If the structure remains where it is and the cost of the addition is less than 50% of the value, they won’t have to raise the structure. He noted that moving the structure would be a major undertaking.
Paul McAlduff agreed with staff’s recommendation. He was concerned with the potential fire hazard.
Malcolm MacGregor agreed with staff’s recommendation to move the structure and place it above the base flood elevations.
Bill Wennerberg also agreed with staff’s recommendation.
Marilyn Geder Foley, an abutter stated that her family did not want the structure moved closer to their cottage as it would be a greater fire hazard.
Marc Garrett was concerned with the petitioner’s disregard for the environment and was supportive of staff’s recommendation to relocate the structure and bring the first floor elevation above the V zone.
Paul McAlduff moved for the Board to recommend to the Zoning Board of Appeals that the Special Permits be granted to move the existing dwelling with the existing addition to the location shown on sheet 3 for the following reasons, and subject to the following conditions:
The Board has found that the addition/alteration is not substantially more detrimental than the previously existing non-conforming structure to the neighborhood if it is moved to the new location as shown on the plans, and if the following conditions are satisfied.
The Board has found that the massing is reasonable for the requested setback of six and one-half (6.5) feet, and provides the maximum setback available without encroaching on the remaining (easterly) setback, and if the conditions herein are satisfied, will not negatively affect existing and future uses of the abutting land. The proposed setback is further off the lot line than the previous setback of approximately 5 feet (prior to the addition in question).
RECOMMENDED CONDITIONS:
Prior to the issuance of a Certificate of Occupancy, the Petitioner shall: add 6-inch gutters along the southwesterly side of the structure subject to this petition; add 4-inch rain leaders to said gutters at four (4) locations directed to the base of the structure subject to this petition; install drywells or leaders directed to a location underneath the structure subject to this petition; and install a new Title V septic system as approved in the Order of Conditions as depicted on Sheet three of the Site Plans.
The structure must be elevated in order meet current Building Code requirements for the Flood Zone in which it is located.
Bill Wennerberg felt that moving the structure might be cost prohibitive and that the petitioner should removed the addition and go back to the original layout that was grandfathered.
Malcolm MacGregor, second; the vote was (3-1) with Bill Wennerberg in opposition.
Site Plan Review (cont.)
49 Obery Street – Medical Office Building
The Board received the following documentation* for review of this case:
Memo from Valerie Massard dated October, 2012
Copy of Letter to Abutters and Certified Mail Receipts
Plans dated August 21, 2012, revised October 4, 2012
Site Photographs
Letter from Flaherty & Stefani Inc., dated September 24, 2012
Zoning Application
Letter from Amory Engineers dated November 23, 2010
Locus Map
Proposed Floor Plans & Elevations dated September 24, 2012
Site Plans dated August 21, 2012
Atty. Richard Serkey and Mark Flaherty presented revised site plans that detailed a common driveway easement with the abutting property to utilize an existing single curb cut onto Obery Street. There would be a 22 ft. wide access to 49 Obery Street and a gravel sidewalk to connect the two medical buildings. The revised site plan would also allow for preservation of significant trees along Obery Street.
The Board thanked the representatives and the abutters for their efforts to work together to create the common driveway.
Paul McAlduff moved for the Board to notify the Building Commissioner that the October 4th site plan, which depicts a common driveway off 47 Obery Street and removal of the existing curb cut on 49 Obery Street, complies with the Planning Board that the minimum requirements of the zoning bylaw after the following issues are addressed:
No waivers from height limits are requested or granted through this approval with respect to adjoining natural grade and sign height.
Signage is not yet designed, and shall conform or require a waiver per the OSOD bylaw.
Lighting must comply with the Dark Skies standards of the Zoning Bylaw, and parking areas shall be lighted to provide adequate visibility for use in the dark without adversely impacting adjacent uses or parcels. Documentation of compliance shall be provided to the Building Commissioner prior to issuance of a Certificate of Occupancy.
The Lot number should be confirmed (two lots on the plan are identified as Lot 50-1).
Landscaping consistent with the plan shall be added to screen the new parking spaces
The number of parking spaces required may be reduced up to 40% at the discretion of the Planning Board for site plan review. 20 parking spaces (rather than 25 which would be required) representing a reduction of 20% is requested, based on two other similar locations where such parking has been adequate for the use. The Planning Board allows the requested reduction to 20 parking spaces.
Malcolm MacGregor, second; the vote was unanimous (4-0).
B569 - Meharg/Bay Colony Drive
Lot Release and Site Plan Review
The Board received the following documentation* for review of this case:
Memo from Valerie Massard dated October 11, 2012
Site Layout
Architectural Plans dated August 21, 2012
Valerie Massard presented the site plan review and request for a lot release for lot 26-6, off Bay Colony Drive. The common drive has been installed with the exception of the top coat and the first house lot has been released. The site plan is in keeping with what was approved. Ms. Massard suggested limiting occupancy until all work is completed.
Paul McAlduff was concerned with runoff on the site.
Mark Flaherty, Flaherty & Stefani, Inc., explained that two rain gardens will be installed to capture any runoff.
Marc Garrett suggested relocating a portion of the driveway to minimize the visual impacts from the street.
Mr. Flaherty agreed to the relocation of the driveway.
Malcolm MacGregor moved for the Board to approve the lot release and the site plan with a condition that a revised site plan be submitted that reflects the requested driveway alteration; Paul McAlduff, second; the vote was unanimous (4-0).
Other Business:
“Topics not reasonably anticipated by the Chair 48 hours in advance of the meeting.”
Letter to the Selectmen
Wind Energy Facility Bylaw Revisions
Marc Garrett suggested that the Board submit a letter to the Board of Selectmen to request that they encourage the Energy Committee to make review of the wind energy bylaw a priority.
Bill Wennerberg moved for the Board to write the letter to the Board of Selectmen; Paul McAlduff, second; the vote was unanimous (4-0).
Zoning Discussion
Priority Ranking
The Board received the following documentation* for review of this case:
Potential Zoning Article Ranking dated September 4, 2012
Lee Hartmann reviewed the matrix for the ranking of the Board’s priorities for upcoming Town Meeting articles. The ranking identified Site Plan Review, Industrial Building Heights, Solar Power, Wind Energy Bylaw, Zoning Bylaw Overhaul, As-of-Right Wind Energy Bylaw, Conversion of Special Permit Uses to Allowed Uses (LI Zone) and Parking Requirements as the Board’s top priorities. Site Plan Review has been drafted and is under review by Town Counsel. The Industrial/Commercial/Office Land Study Committee has recommended creating an overlay district that would allow for increased building height in industrial areas excluding areas that abut residential neighborhoods.
The board was supportive of moving forward with potential zoning articles as prioritized.
B575 – Waverly Oaks
Finding of Incomplete Application
Marc Garrett announced that the petitioner for B575 – Waverly Oaks has requested a withdrawal of the proposed RDD modification.
Malcolm MacGregor stated that AD Makepeace has informed him that they can no longer install the proposed roundabout at Halfway Pond Road because of a gas line that has been installed. Mr. MacGregor was concerned that the round about proposed at the Long Pond Road and Clark Road intersection may also be impacted by the installation of gas lines.
Lee Hartmann stated he would e-mail Jeffrey Dirk regarding contact information to make sure the gas line is installed at a depth that would allow the roundabouts to be constructed.
Paul McAlduff moved to adjourn at 8:47 p.m.; Bill Wennerberg, second; the vote was unanimous (4-0).
*On file with the Office of Planning and Development in project case files.
Respectfully Submitted,
Eileen Hawthorne Approved: November 5, 2012
Administrative Assistant
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