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Planning Board Minutes January 14, 2013
 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 and Valerie Massard
Recording Secretary:  Eileen Hawthorne

Administrative Notes:
Minutes:
Minutes of January 7, 2013*
Paul McAlduff moved for the Board to approve the Minutes of January 7, 2013 as presented; Bill Wennerberg, second; the vote was unanimous (3-0).  

ZBA 3696 – Susan Ragon  
227 Taylor Ave, Map 45B, Lot 6A
Special Permit to waive the side setback requirements and to enlarge a non-conforming structure in order to construct a two-story addition
The Board received the following documentation* for review of this case:
Staff Report
Fire Department comments dated January 3, 2013
Locus map and site photographs
Site plan dated November 8, 2012
Architectural Plans dated December 17, 2012
Atty. Robert Betters presented a request for a Special Permit in order to add a 7.5’x14’ two story addition and relocate an existing bulkhead.  The side setback would be 5.7’ which is less than the 3.6’ of the existing building.  The proposed addition will not be substantially more detrimental to the neighborhood than the pre-existing structure.
Lee Hartmann stated that the project is a fairly simple addition which will infill an ell in the existing dwelling.  The property is not located in a flood zone.  
Bill Wennerberg moved to recommend approval to the Zoning Board of Appeals; Paul McAlduff, second; the vote was unanimous (3-0).  

Form A Plan:
A4447* – Diane Millman Trask/Conservation Commission, Map 52, Lots 9-32 (4.2A) and 10 (25.4 A) – Lot Line Adjustment to create lots 9-33 (4.4 A) and 10-2 (25.2 A) Re:  Article 15, 2008 Fall Town Meeting, an Article 97 vote and an amendment to the Conservation Restriction.  
Paul McAlduff moved for the Board to determine that Form A plan A4447 was entitled to endorsement; Bill Wennerberg, second; the vote was unanimous (3-0).

ZBA 3695 – W Keith Munsell
21 Manomet Ave, Map 48, Lots 19-30 and 49-33
Special Permit to waive the side and rear setback requirements and to enlarge a non-conforming structure in order to relocate a single family dwelling
The Board received the following documentation* for review of this case:
Staff Report
Fire Department comments dated January 2, 2013
Unofficial Property Record Card
Locus Map
Site Plan dated December 17, 2012
Handout:  Site Photographs
Valerie Massard presented the request for Special Permits in order to relocate an existing single family dwelling by moving it away from the bluff.  A 10’x10’ addition will be added to the northwest corner of the building to square off the structure.  The building is located next to an un-constructed way and a question has been raised as to whether the rear setback waiver is needed as the parcel is considered a corner lot.   A new foundation will be poured as the house is moved back 15 ft. from the bluff.  Therefore, the condition for a structural analysis of the foundation in staff’s report is no longer necessary based on this new information.  The applicant has requested removal of the draft condition that would require the plan to be recorded and all other “standard” conditions.   The last condition gives flexibility to the Building Commissioner to approve minor modifications and Ms. Massard recommended leaving that condition in the Board’s recommendation.  
Lee Hartmann explained that the reason the conditions are included is that they are statements of fact that are for the applicant’s benefit.  
Marc Garrett suggested moving those conditions to the statement of facts under the Findings section of the report.  
Randy Parker agreed that moving the statements of facts to the Finding section would be appropriate.  
Paul McAlduff moved for the Board to recommend approval to the Zoning Board of appeals with the amendment of moving the proposed conditions to the Findings section of the report; Bill Wennerberg, second; the vote was unanimous (3-0).  
        
Public Hearing - Town Meeting Article                           
        Manomet Master Plan - Withdrawn
The Board took no action on the Town Meeting Article for the Manomet Master Plan.

Public Hearing:
B547 – Cordage Park Subdivision Modification
        Boulevard Relocation
The Board received the following documentation* for review of this case:
Copy of subdivision vote dated October 20, 2008
Lot layout plan dated August 21, 2008
40R Layout and Materials Plan dated January 15, 2013
Landscape Plan dated December 5, 2012
The Seaport at Cordage – Phase 1 Plans dated December 5, 2012
Handout:  Site Photographs
Marc Garrett read the public hearing notice and opened the public hearing;
Seated; Paul McAlduff, Marc Garrett and Bill Wennerberg
Joe Jannetty, Janco Development, updated the Board on the status of Cordage Park.  They are requesting a modified subdivision approval and landscape plan approval for a medical office building.  Cordage Park obtained approval of a Chapter 40R designation in 2006 with the subdivision being approved in 2008.  Due to the economic downturn, the developer who proposed 150 apartment units and retail on the former WalMart site was unable to complete the project.  Summit Smith has proposed a medical office building on the site which is an allowed use in the Light Industrial Waterfront zone, and the Planning Board reviewed and approved the site plans at its last meeting.  A brief analysis was done to reprogram the remainder of the site in order to avoid compromising density.  Larger buildings along the waterfront will be residential.  Two large warehouses will be rental apartments.  The modification of the subdivision will re-align the entrance boulevard and allow the medical office building parcel to be conveyed to separate ownership.  
Doug Hartnett, Highpoint Engineering, showed the previously approved boulevard that had a round about, crossed the railroad tracks and ended in a cul-de-sac.  The modified boulevard would vary in width from two lanes to one lane in each direction, would follow the existing driveway, and be located closer to the existing pond.  The roundabout has been eliminated.  The travel lane width would be 12 ft. with 5 ft. bicycle lanes and the sidewalks have been reduced from 8 ft. to 5 ft.   The islands in the boulevard have been reduced from 12 ft. to 5 ft. wide and will be planted with a single row of Princeton American Elms, ornamental grasses and day lilies.  Utilities have been relocated for the medical office building and there will be some drainage improvements.    Existing vegetation will remain along the pond and Summit Smith will plant along their section of the boulevard.  Light poles have been positioned behind the sidewalks and the style of the fixtures has not changed.    
Valerie Massard noted that the colored plan that the Board received shows the relationship of the subdivision to the medical office building and the Board received photographs of existing vegetation near the pond and from the entrance.   
Mr. Hartnett stated that the original approved subdivision had waivers that were granted by the Board and there will be a future filing to resolve differences on the modified subdivision with the approved Phase I 40R site plan; and those changes are noted in a 2 sheet 40R plan contained in their packets.
Paul McAlduff asked if pedestrian access has been provided from the existing medical offices within the Tower building to the proposed medical office building.  
Mr. Jannetty replied that pedestrian access has been provided over the bridge at the pond or on the sidewalk around the pond.  
Marc Garrett asked for clarification on the existing and proposed vegetation plan.
The medical office building vegetation plan would be addressed during the site plan review in the next presentation on the agenda.  
Valerie Massard stated that the change in the sidewalk width is appropriate given that the type of use has changed from retail and rental apartments to a medical office building.  There will be no shoppers along the street.  The boulevard entrance and medical office building architecture are consistent with the 40R design guidelines.  Ms. Massard suggested looking at the types of plantings to blend with existing vegetation.  There have been no objections from DPW or the Fire Department on the relocation of the boulevard.  Detailed drainage information will be supplied to the DPW.  A traffic impact assessment has been done and shows that the use of the medical office building is significantly less than the former WalMart.  There will be a separate public hearing for Chapter 40R compliance using the same modified subdvision plan.
Public Comment:
None
Roy Hamlin, 393 Court Street, asked for and received copies of the plan.
Paul McAlduff moved to close the public hearing; Bill Wennerberg, second; the vote was unanimous (3-0).  
Paul McAlduff moved for the Board to approve the Modification of B547 – Cordage Park subdivision with following conditions:
Conditions:
All prior conditions remain in full force and effect, unless amended herein.
The following will be completed to the satisfaction of the Planning Board prior to endorsement of the plans:
  • Conditional upon the payment of the back taxes, interest and fees owed to the Town for this property, if any, as demonstrated through a Municipal Lien Certificate.
  • The plans will be revised to detail the conditions of this approval, including:
  • Details requested in the DPW Engineering memorandum dated January 14, 2013 shall be addressed:
  • Line information shall be shown on the plans;
  • The Title Sheet and Lotting Sheets of the plan shall comply with requirements for filing with the Plymouth County Registry of Deeds;
  • Appropriate deed references, plan references, ownership and Planning Board permit recording information shall be noted;
  • Utility easements for sewer, water and drainage systems shall be shown consistent with approvals by the Department of Public Works and shall include an easement for the existing sewer main with a written summary of known history of the sewer main utilization under prior and current uses;
  • Mean high water and flood zone information shall be shown;
  • Existing monumentation and proposed bounds to be set for the road subject to this modification shall be shown;
  • Court Street Layout information shall be shown;
  • Wetland areas on the plan shall be depicted;
  • Drainage calculations, design and road profile shall be provided and found acceptable after review by the Town;
Any improvements at the intersection of Court Street shall be detailed on the plans, including relocation of catch basins with respect to the gutter line associated with the widening of Loring Boulevard (the road subject to this subdivision modification);
With respect to the following, if the information is to be shown by others for the Medical Office Building, the Applicant must clearly state that information in a response memorandum to the Planning Board:
  • Existing and proposed rim elevations, inverts, pipe lengths and slopes shall be provided for all drainage structures;
  • Details on the box culvert design and installation shall be provided;
  • Details for sewer manholes, pipeline sizes, materials, lengths and slopes shall be provided and shall be consistent with those supplied for the Medical Office Building filed separately but within the Seaport at Cordage site, and shall include the rim and invert elevations of the existing manholes upstream and downstream of the two proposed doghouse manholes (PSMH1 and PSMH4) as well as the proposed manholes mentioned herein;
  • Details for size and material of proposed water mains and fire service lines, including valves, fittings, hydrants, post indicator valves and other related appurtenances.  Water services shall be polyethylene (PE) 1-inch, 1½-inch or 2-inch copper tubing size (CTS), rated for 200 psi.  All water mains shall be made of Class 52 ductile iron pipe.  All valves and hydrants shall open right;
  • The existing and proposed water main sizes and materials shall be clearly labeled on the plan view of Sheet C700;
  • Clarification of details shall be added for the water bypass and gate valve arrangement at PDMH7;
  • The layout of the proposed 12-inch DI water main stub located northwest of the existing Cordage Building #1 shall include a hydrant, at a minimum, to allow for flushing of the water system at this location;
  • Valves in Court Street shall be located on the Plans;
  • The plans shall include details for water service connection;
  • Water service/sewer abandonment for the Wal-Mart building shall be shown if the building is to be demolished;
  • Details of sewer, water and drainage facilities to be abandoned in place as noted on the plan shall be shown consistent with approvals from DPW;
  • Any impacts to the existing traffic signal at Court Street from the roadway reconstruction shall be shown on the plans, and shall include locations of existing signal poles, loops, hand-holes, wheelchair ramps.  Any modifications needed to the intersection in order to conform to current AAB, ADA, MassDOT and 2009 MUTCD design standards shall be shown on the plans with a memorandum summarizing these changes;
  • The existing decorative fencing at the mill pond shall be shown on the plans;
  • All proposed crosswalk locations shall be evaluated to minimize vehicle conflict and crossing distances;
  • Supporting documentation as to the need for two (2) lanes entering or exiting the site, turn lanes and overall roadway design shall be provided in said memorandum addressing item xxii above;
  • Fire equipment overlay sheet shall be included demonstrating adequacy of turns/clearance for the roadway improvements; and
  • Exterior lighting is subject to the Dark Skies Section 205-65 Prevention of Light Pollution Section of the Bylaw, and documentation that proposed lighting is consistent with this Section must be documented.
  • Evidence of adequate fire flow and static pressure for the water system must be demonstrated through a flow test performed by the Town’s Department of Public Works Water Division or its designated representative;
  • Appropriate cross-easements for emergency access shall be shown on the plans.
Prior to Installation of Utilities or roadway modifications, evidence of recording of this decision and endorsed Plan Lotting Sheets at the Registry of Deeds; and delivery of five (5) sets of full size copies of all endorsed drawings comprising the modified definitive plan with one complete set of reproducible plans (mylars) and one electronic copy of the plans in a format acceptable to the Town Engineer per the Rules and Regulations shall be provided to the Planning office.
Prior to the start of trenching or installation of utilities or roadway modifications, the Applicant shall meet with the Department of Works staff and Planning staff to review details of the water and sewer main construction/sequencing, and testing, including but not limited to isolation and installation procedures to ensure uninterrupted water supply for adjacent properties and flow diversion during construction.
Bill Wennerberg, second; the vote was unanimous (3-0).   

Site Plan Review (cont.)        
Cordage Park Medical Office Building – Landscape Plan
The Board received the following documentation* for review of this case:
Staff memo dated January 10, 2013
Staff report for December 17, 2012
Google Map of site
Conceptual Landscape Plan dated January 8, 2013
Sean Roberts, Summit Smith Healthcare Facilities, presented the landscape plan which detailed existing and proposed plantings.  There will be no change along the entryway and the area along the boulevard will be planted in keeping with the other portions of the development.  Trees will not be planted adjacent to the building in order to allow for future expansion.   
Valerie Massard presented a Google map that detailed the existing landscaping.  Additional trees, shrubs and ornamentals will be installed depending upon what species are available at the time of installation.  The intent of the landscaping plan is consistent with the design standards.  Ms. Massard suggested that a species list be submitted at a later date.  
Marc Garrett suggested installing evergreen species with the deciduous trees within the islands in order to retain greenery during the fall and winter months.  
Bill Wennerberg suggested relocating existing trees that will be removed in the construction process.  
Paul McAlduff moved for the Board to notify the Building Commissioner that the plantings proposed echo existing plantings in the parking area.  Grass and limited plantings in the entry island at the building are shown on the landscape plan dated January 8, 2013.  Prior to installation of the landscaping, a detailed listing of proposed plantings species/sizes will be submitted for approval by the Planning Board.
Bill Wennerberg, second; the vote was unanimous (3-0).  
ZBA 3691 – Atlantic Properties/Henry Stout
Commerce Way, Map 104, Lot 14E and 14F-2
Special Permits subject to EDC in order to remove gravel in excess of 10 cubic yards in the LI Zone
The Board received the following documentation* for review of this case:
Staff memo dated January 10, 2013
Staff report
Fire Department Comments dated December 26, 2012
Locus Map and Google Map
A4443 Plan
Memorandum of Understanding
Plan of Proposed Sewer Connection Improvements
Memo to Building Commissioner dated January 3, 2013
Schematic of office building
Site Layout Plan dated January 6, 2010
Preliminary Planting Plan dated November 18, 2010
Zoning Board of Appeals Decisions No. 3616 and 3573
Site Plan dated December 12, 2012
Boundary Plan dated August 16, 2012
Grading Plan dated December 12, 2012
Planting Plan dated October 18, 2012
Handout:  Site Photographs
Atty. Edward Angley presented the request for a special permit for gravel removal (approximately 56,000 cubic yards) in order to continue preparing a site for construction purposes.  The site is already subject to special permits for gravel removal and for two office buildings.  This special permit, if granted, would allow the applicant to clear a portion of an additional parcel in order to relocate one of the office buildings and provide additional parking.   
Bill Shaw, Associated Engineers of Plymouth Inc., presented a plan showing the location of the additional 2.15 acre parcel which was rezoned at the last town meeting from R20MD to Light Industrial (LI).  A parking reduction was granted under the previous special permit for the two general office buildings but additional parking is needed for a medical office building.   The site has already been graded into two terraces.  The top terrace would be extended toward Rte 80.  
Valerie Massard noted that a great team effort between the Town, the applicant and his representatives has allowed for a sewer easement through the property out to Rte. 80.  Ms. Massard presented site photographs showing the terracing, a power line easement along which the sewer easement will run, and a paved egress from the Resnik Road cul-de-sac to Commerce Way which is used for the site excavation.  The parking would increase by approximately 150 spaces.  Ms. Massard requested discussion on the sewer easement and encouraged the applicant to continue working with the Grabau Drive residents to provide adequate screening.  
Paul McAlduff asked if Resnik Road would continue to be used once the projected is completed.
Henry Stout, the applicant, stated that the access will be off Industrial Park Road.  
Mr. Shaw explained that a way exists to Industrial Park Road and he is coordinating with DPW staff to use this for the future site access.  Resnik Road will be tied in to create a second egress.  
Ms. Massard requested that the applicant provide documentation from DPW regarding the access/egress.  
Paul McAlduff asked if the Resnik Road cul-de-sac would be closed.
Mr. Shaw stated that the cul-de-sac will be redesigned into a T intersection.  
Mr. Stout noted that he has agreed not only to provide a sewer easement to Rte 80 but will also provide looping of a water line.  The installation of the sewer and water lines may disturb approximately 18 ft. of the buffering along Grabau Drive which will need to be replanted and/or supplemented in order to provide the 50 ft. buffer as required in the Zoning Bylaw.  
Marc Garrett asked if the West Plymouth Steering Committee (WPSC) has reviewed the project.  
Mr. Shaw replied that the WPSC reviewed the proposal during the rezoning process.  
Mr. Garrett did not have an issue with the proposed gravel removal, but suggested continuing this review until comments from the WPSC have been received.  
Bill Wennerberg stated he was comfortable with the proposed gravel removal, but wanted to insure that the buffer of the residential neighborhoods would be addressed.  
Atty. Angley stated that they would make sure the 50 ft. buffer would be addressed.  
Bill Wennerberg moved to recommend approval to Zoning Board of Appeals subject to the following conditions:
Prior to the Issuance of a Zoning Permit for gravel removal, the Plan shall be revised to show and/or include:
  • An erosion control and stabilization plan, which addresses both wind and water erosion, shall be submitted for approval by the Building Commissioner.  Said plan shall include a staging plan for work that will require stockpiling of soils on a temporary basis, and shall include both temporary vegetation, mulching, or other protective measures must be provided for areas that will be exposed for one or more months. These temporary measures must be applied immediately after disruption, and permanent site stabilization measures for any portions of the site that are not under construction after site clearing and grading activities have ceased for a period of six (6) months;
  • 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;
  • Evidence of recording of this Special Permit at the Plymouth County Registry of Deeds or the Land Court shall be presented to the Building Inspector;
  • An initial deposit in the amount of $2,000 shall be deposited with the Board of Appeals for retainer of a consultant as described in condition 6 below; and
  • 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.
Prior to site grading in preparation for the work conditioned herein, A Zoning Permit must be issued, and the Petitioner shall provide the Building Commissioner with the name and contact information for the individual(s) overseeing the work at the site.
Installation of site stabilization measures as shown on the erosion control and stabilization plan must be performed in a timely manner, and failure to do so shall be reason for the Building Commissioner to issue a cease work order until such time as the erosion control and stabilization measures are installed according to said plan.
  • No excavation shall be larger than five (5) acres for earth removal, storage, and/or processing at one time.  No more than 5 acres of the entire sand and gravel operation, and associated earth removal activities, shall be exposed at any 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.  
  • Planting required for stabilization shall occur no later than October 31st of a calendar year.
Minor modifications to the design and location of excavation 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 structure or machinery in a manner which does not materially change the project, or slightly reconfigure a drainage area or parking space may be allowed.
All stationary on-site mechanical equipment shall be placed as far away as possible from existing businesses and homes during its operation.
The Petitioner shall provide for the costs, if any, for the Town to retain a review consultant on an as-needed basis for review and construction administration services, including monitoring of ongoing activities and reporting related to this gravel removal special permit (and previous phases as granted through previous permits on the subject property) and any associated National Pollutant Discharge Elimination System (NPDES) Construction General Permit (issued by the Environmental Protection Agency for earth disturbance over a certain square footage) at the subject property as the Building Commissioner’s duly authorized agent.
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 any of the following reasons:
  • Violations of any of the conditions of this special permit.
  • The work site has been deemed abandoned by the Building Commissioner.
  • Proper stabilization methods are not maintained.        
  • Documented violation of agreed upon truck routes.       
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.  No excavation activities shall be permitted on holidays.  
The Petitioner shall be responsible for the clearing of any sand that accumulates on the heavy equipment 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 56,000 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 heavy equipment trips per day will be the maximum allowed for all earth removal operations for the projects.  Every effort shall be made to phase the heavy equipment trips with the other local projects.  A heavy equipment trip is defined in the Bylaw as a total of one heavy equipment vehicle entering and exiting the site (Section 205-18G6).
A heavy-equipment route shall be designated and approved by the Board of Appeals.  
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 and conditions of this special permit.  
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.  Haul slips shall be kept for each load of material being removed. The slips shall have the truck number, volume, and time of departure, and originals shall be submitted as part of the monthly statements.
If any or 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.
Paul McAlduff, second; the vote was (2-1) with Marc Garrett in opposition.   

 Paul McAlduff moved for the Board to adjourn at 8:45 p.m.; Bill Wennerberg, second; the vote was unanimous (3-0).

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

Respectfully Submitted,




Eileen Hawthorne                                        Approved:  January 28, 2013