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, Tim Grandy, and Bill Wennerberg
Planning Board Alternate: Ken Buechs
Staff Members: Valerie Massard
Recording Secretary: Eileen Hawthorne
Administrative Notes:
B475 – Watercourse Place – Lot Release*
Map 91, Lots 12-41 and 12-43A
The Board approved and endorsed a lot release for Lots 12-41 and 12-43A in the B475 – Watercourse Place subdivision.
The Board determined that that the Following Form A plans were entitled to endorsement:
Form A Plans*:
A4441 – Camp Bournedale Inc., Map 56, Lots 79-1, 79-2 and 79A-5 – Divide into Lots 79-7, 79-8 and 79-9
A4442 – Harald LLC, Honda Drive, Map 89, Lots 13-2 (38.39 A) and 49A (0.47A) – Combine into Lot 13-4 (38.86 A)
Paul McAlduff moved for the Board to approve and endorse the lot release for B475 – Watercourse Place and for the Board to determine that Form A plan A4442 was entitled to endorsement; Tim Grandy, second; the vote was unanimous (4-0).
Paul McAlduff moved for the Board to determine that Form A plan A4441 was entitled to endorsement; Tim Grandy, second; the vote was (3-0-1) with Marc Garrett in abstention.
Public Hearing:
B437 – Pinehills Master Planned Community
Mainstone Blvd, Boatwright’s Loop and Sandybanke
Subdivision creating new residential roads, south side of Clark Road
The Board received the following documentation* for review of this case:
Staff memo dated November 15, 2012
Map dated August 15, 2004
Locus Maps
Architectural renderings
Site, Lot, and Roadway Layouts
Modified Definitive Subdivision Plan dated October 15, 2012
Revised staff memo and Locus Map dated November 16, 2012
Marc Garrett read the public hearing notice and opened the public hearing.
Bill Wennerberg recused himself from this hearing and left the meeting.
Seated: Marc Garrett, Paul McAlduff, Tim Grandy,
John Judge introduced a plan for a new neighborhood within the Pinehill’s development. The proposed neighborhood would be located on the south side of Clark Road with the entrance opposite Landmark Drive. The subdivision plans detailed the road layouts, a pocket park, three detached single family dwelling lots and 8 carriage style homes in two buildings. The builder of the neighborhood will be Whitman Homes. At full build out the neighborhood would consist of 82 homes. There will be a 100 ft. natural vegetative buffer along the abutting neighborhood (Clark Estates). The Pinehills’ hosted a meeting on November 5, 2012 for Clark Estate residents to preview the proposed neighborhood. The residents concerns included the following: impact to schools and property values, increased
traffic, and construction noise. Mr. Judge stated that out of the 1,653 existing homes, there are only 44 school age children; Whitman Homes is building similar houses at the Weymouth Naval Air Station that range in price from $350,000 to over $500,000; traffic impacts of the development are measured annually and the counts show that the current impacts are less than what was predicted 10 years ago; and there will be construction noise, but the builders will abide by the Town’s bylaw that only allows construction between certain hours.
Marc Garrett noted that the area proposed for development is part of the village green area that allows commercial and residential uses. Mr. Garrett stated that over time, commercial development will be constructed in the area, but that locating a proposed residential development adjacent to an existing residential development is more prudent.
Valerie Massard stated that the project was vetted through the MEPA process years ago. There will be a 100 ft. buffer between the proposed neighborhood and Clark Estates and there will be a 200 ft. buffer from Clark Road. Ms. Massard explained that the traffic from the Pinehills’ development has not reached a capacity where mitigation is needed. She stated that the streets meet the design standards; the road names and road layout have been reviewed and approved by the Fire Department.
Ken Buechs asked how high the town house structures will be.
Mr. Judge replied that the town houses will be 30-32 ft. in height. The town houses will have garage entrances in the rear, with the front of the buildings facing either the pocket park or the single family dwellings.
Tim Grandy asked for an update on the Affordable Housing Trust program.
Mr. Judge explained that Pinehills’ has made contributions in excess of $150,000 to help with 11 affordable housing units. They continue to work with Habitat for Humanity and the Plymouth Task Force for the Homeless to create affordable housing.
Public Comment:
In Favor:
None
In Opposition:
Patricia Swain-Tierney, 33 Fairview Lane suggested that a berm planted with evergreens would be helpful as the proposed 100 ft. buffer will be inadequate. She was also concerned with traffic and overcrowding of schools.
Katie Kearney, 183 Fairview Lane, was also concerned with increased traffic and overcrowding of schools.
Chris Gallo, 59 Fairview Lane was concerned that the 100 ft. buffer would be inadequate and that removal of trees will increase the noise from the highway. He was also concerned with construction noise.
Amy Eufrazio, 189 Fairview Lane, suggested increasing the buffer area. She also had concerns about construction noise and overcrowding of schools.
Gene Lane stated that when he was a Town Meeting member, he voted to approve Pinehills’ development, but he was concerned with overburdening the schools.
Mr. Judge explained that the Village Green District was all part of the original master plan. Buffers to residential areas are not typically required, but there will be a 100 ft. buffer to the single family homes. He stated that landscaping will be above what is required.
Paul McAlduff stated that commercial development is not viable right now and the school population is actually dropping. He felt that the increased traffic on Beaver Dam Road is from Town growth. Mr. McAlduff noted that Pinehills LLC has gone above and beyond what the Town has asked for.
Tim Grandy asked about traffic accidents in the area of the development and whether the single family house lots will be cleared to the rear property line.
Ms. Massard stated that the detailed information in the traffic report did not find any unusual activity in the area.
Mr. Judge explained a building envelope will be identified for each of the single family lots and there will be an open space covenant that will prohibit clearing.
Paul McAlduff asked if swimming pools were allowed in the development and if the yards for the single family homes could be restricted from the construction of pools.
Mr. Judge replied that only 5 individual homes have swimming pools. Most of the residents use either the pool at the Stonebridge Club or the community pools in their neighborhood. He stated that they would not want to restrict anyone from installing a swimming pool, but there is an extensive review process required.
Ken Buechs asked for an update on the plans for commercial development.
Mr. Judge explained that the Village Green District encompasses land on both the north and south sides of Clark Road. The zoning is flexible and projects are reviewed on an individual basis. The hotel wanted to have a direct relationship with the Village Green and overlook the Reese Jones Golf Course.
Marc Garrett stated that the proposed neighborhood is consistent and compliant with the master plan. This is the first neighborhood that abuts a neighborhood that is not part of the overall master plan. Mr. Garrett suggested making the roadways more curvilinear.
Mr. Judge stated that the layout was designed to work with the topography of the land.
Tony Green stated that the roads are not as straight as they seem.
Marc Garrett suggested that landscape plans be presented to the Board.
Mr. Judge agreed to provide landscape plans in early spring.
Paul McAlduff moved to close the public hearing; Tim Grandy, second; the vote was unanimous (3-0).
Paul McAlduff moved for the Board to approve the Mainstone Blvd, Boatwright’s Loop and Sandybanke Subdivision with an agreement that a landscape plan will be presented at a later date and subject to the following condition:
The modification to the approved plan is subject to all conditions listed in the approval for the Master Plan Special Permit, and the applicable Planning Board covenant with respect to this subdivision is extended for two (2) years. Pinehills LLC has voluntarily imposed a minimum 100’ natural open space buffer where the Pinehills’ property abuts offsite residential development south of Clark Road.
Tim Grandy, second; the vote was unanimous (3-0).
Bill Wennerberg rejoined the meeting.
ZBA 3686 – Jeffrey D and Susan M Baker
32 Nelson Street, Map 10, Lot 30
Modification of Special Permit #3663 to delete the granting of a sidewalk easement
The Board received the following documentation* for review of this case:
Staff report dated November 14, 2012
ZBA Decision 3663 dated April 4, 2012
Map of sidewalk easement
Distribution memo from ZBA 3686 dated October 15, 2012
Environmental Impact Statement dated February 15, 2012
Site Plan dated January 4, 2012
Atty. Harold Moody presented a request to modify Special Permit #3663 by eliminating the gift to the Town of a sidewalk easement prior to certificate of occupancy. The owner has not been able to reach an agreement with the Town.
Valerie Massard agreed with the statements made by Atty. Moody. Ms. Massard stated that the Town has tired to negotiate terms, but has been unable to reach an agreement at this time. It is reasonable and appropriate to remove the condition.
Tim Grandy asked what the outstanding issue is that an agreement cannot be reached.
Atty. Moody explained that the sidewalk easement was offered as a gift in exchange for access to the public boat landing. The owner feels that the terms being offered by the Town are not of equal value to his granting of a sidewalk easement. The owner would like to remove the condition so that he can move forward with the building construction.
Paul McAlduff asked if the condition was created by the Board and who was going to build the sidewalk.
Ms. Massard replied that the gift was added as a condition because at the time, it was mutually agreeable. She explained that the first step was to establish the sidewalk easement and then it would be determined who would build the sidewalk.
Marc Garrett asked why the condition has to be withdrawn now if negotiations will continue. He noted that the Special Permit was granted April 4, 2012 and is good for two years.
Atty. Moody explained that the owner thought the easement would go before Fall Town Meeting, but it was not on the warrant.
Mr. Garrett stated that the structure can be built now. He was not supportive of withdrawing the condition at this time.
Ms. Massard noted that as of last week mutually agreeable terms have not been reached. Ms. Massard stated that staff has suggested that the Town look into purchasing the land for the sidewalk. She noted that the easement was offered as a gift and is not a requirement.
Tim Grandy moved to recommend approval of the request to eliminate the condition regarding the sidewalk easement and the boat landing access to the Zoning Board of Appeals; Bill Wennerberg, second; the vote was (2-2) with Paul McAlduff and Marc Garrett in opposition.
ZBA 3687 – Judith DAngelo
83 Asiaf Way, Map 45, Lots 39-117 thru 119 and 39-190 thru 193
Special Permit to create two 15,000 sq. ft. residential lots
The Board received the following documentation* for review of this case:
Staff report dated November 14, 2012
Letter from Flaherty & Stefani, Inc., dated October 31, 2012
Environmental Impact Statement dated October 31, 2012
Unofficial Property Record Cards
Locus Maps
Plan dated October 23, 2012
Mark Flaherty, Flaherty and Stefani, Inc., presented a request for a special permit to create two residential lots. The property consists of seven 5,000 sq. ft. lots. The existing house would be on a lot consisting of 15,000 sq. ft. and the new buildable lot would consist of 20,000 sq. ft. An existing garage would be demolished. Existing spruce trees would be retained to provide screening between the lots. Utilities would include Town water and septic and there are no wetlands or endangered species identified.
Valerie Massard noted that the lots were created prior to zoning and is in an area where many existing seasonal cottages have been converted to year round dwellings. The site could support a duplex by-right, but the owner prefers to create two residential lots. The proposal is in compliance with the bylaw and will meet appropriate setback requirements. The project is consistent with Environmental Design Conditions and there is adequate water pressure. Ms. Massard suggested creating planted buffers and/or retaining as many spruce trees as possible and adding a deed restriction to prevent clearing of the lot.
Marc Garrett asked if the petitioner would be amenable to retaining the vegetation.
Mr. Flaherty replied that the site is a thickly wooded lot, but he did not feel that a burden should be placed on the title.
Ken Buechs stated that there are a lot of parking issues in the area especially during the summer months and asked if parking would be provided on site.
Mr. Flaherty stated that they would comply with parking requirements.
Paul McAlduff moved to recommend approval to the Zoning Board of Appeals subject to the conditions in the staff report and including the preservation of the spruce trees; Tim Grandy, second.
Bill Wennerberg did not feel it was appropriate to burden the deed with the preservation of trees.
Ms. Massard offered the option of asking for site plan review for the new dwelling.
The vote was (2-2) with Marc Garrett and Bill Wennerberg in opposition.
Paul McAlduff moved for the Board to recommend approval to the Zoning Board of Appeals subject to the following conditions:
Prior to issuance of a Building Permit on the new 20,000 SF lot:
- The two (2) garages shall be razed, with appropriate demolition permits in place;
- Evidence that this special permit and the Plan have been recorded at the Registry of Deeds shall be provided to the Board of Appeals and Building Commissioner;
- A Municipal Lien Certificate shall be provided to the Building Commissioner as evidence of payment of any back taxes, fees or penalties owed to the Town, if any; and
- The site plan for the development of the lot shall be submitted to the Planning Board for an advisory recommendation to the Board of Appeals for the Board of Appeals’ final approval. Preservation of existing significant vegetation that provides screening to abutting properties is strongly encouraged.
Any structures on the two properties shall comply with the environmental design conditions for small lots of less than 20,000 square feet as set forth in §205-43, Paragraph H.
Tim Grandy, second; the vote was (3-1) with Bill Wennerberg in opposition.
Appointment – Nicholas Sivieri, Developer
B560 – Hillside Estates (off Shallow Pond Lane)
Status of unfinished work
The Board received the following documentation* for review of this case:
Excerpt from Minutes of October 1, 2012
Correspondence via e-mail dated September 19, 2012
Site Inspection Memo dated September 19, 2012
Special Permit Vote dated February 23, 2010
Locus Map
Site Photographs
Atty. Edward Angley updated the Board on the status of the subdivision which has been slow due to the developer’s financial problems. Atty. Angley stated that the developer has been keeping the area clean and addressing erosion issues as they takes place. The document regarding the land gift has been endorsed, a check will be submitted for the contingency account and the developer is working the Plymouth Redevelopment regarding the affordable housing unit. He stated that he will be requesting a continuance of the covenants which have lapsed and an outstanding legal issue has been resolved.
Valerie Massard informed the Board that staff has been to the site and much of the debris has been removed. The erosion issues at the entrance and on other properties still need to be stabilized. The project has been built to the point where the wearing course is needed and needs to be finished. The affordable housing issue has yet to be addressed and needs to be sorted out before any more homes are built.
Atty. Angley stated that within a week mulch will be spread to stabilize the erosion issues and that they would return the first week in January to address any other outstanding issues.
The Board expressed their frustration with the lack of response to the outstanding issues that have been raised over the past two years. They were concerned with safety on the site.
Bill Wennerberg noted that a good clean site is more appealing to potential buyers. Mr. Wennerberg suggested that the developer could contact a local tree company for mulch to stabilize the site.
Atty. Angley stated that the erosion would be taken care of in a week and suggested that they return on December 17, 2012.
Marc Garrett requested that staff inspect the property prior to the December 17, 2012 Planning Board meeting with the expectation that the outstanding issues have either been addressed or there is a plan in place to address the issues.
Nicholas Jost, who has been trying to purchase an existing home in the development, expressed his frustrations with the developer.
Tim Grandy asked what could happen if the outstanding issues are not addressed by December 17, 2012.
Ms. Massard stated that the Board could vote to hold a public hearing to modify, amend or rescind the subdivision approval.
Tim Grandy moved for the developer to return to the December 17, 2012 Planning Board meeting with the expectation that staff will inspect the property prior to the meeting in order to report on the progress regarding the outstanding issues; Bill Wennerberg, second; the vote was unanimous (4-0).
Tim Grandy moved to adjourn at 9:40 p.m.; Paul McAlduff, 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: December 3, 2012
Administrative Assistant
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