Planning Board Meeting
January 28, 2013
Minutes
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: Paul McAlduff, Tim Grandy, Malcolm MacGregor, and Bill Wennerberg
Staff Members: Lee Hartmann and Valerie Massard
Recording Secretary: Eileen Hawthorne
Administrative Notes:
Minutes*:
January 14, 2013
Paul McAlduff moved for the Board to approve the Minutes of January 14, 2013 as presented; Malcolm MacGregor, second; the vote was (3-0-1) with Tim Grandy in abstention.
Lot Release* for Construction Purposes:
B562 – Village at South Street
Lots 62D-13, 62F-14, and 62D-15
The Board received the following documentation* for review of this case:
Memo dated January 23, 2013
Copy of Prior Release from January 7, 2013
Release for Lots 62D-13, 62F-14, and 62D-15
ZBA 3692 – Steven Forcier
Gurnet/Saquish, Map 132, Lots G78 and G80
Special Permit to reduce the side and rear setback requirements
and to rebuild or enlarge a non-conforming structure in order to construct a 24’x24’ garage
The Board received the following documentation* for review of this case:
Staff Report
Engineering Department Comments dated January 22, 2013
Fire Department Comments dated January 8, 2013
Design Review Board Comments dated January 23, 2013
Locus Map
Elevation Plans dated December 11, 2012
Site Plan dated December 12, 2012
Handout: Letter from Heather Esposito dated January 28, 2013
Form A Plans*:
A4448 – Armstrong Development LLC, 52 Armstrong Road, Map 101, Lot 53B (8.48 A) – Divide to create Lots 53-1 (3.0A) and 53-2 (5.48A)
Paul McAlduff moved for the Board to approve and endorse the lot release for B562 – Village at South Street; to recommend approval to the Zoning Board of Appeals for Case No. 3692; and for the Board to find that A4448 was entitled to endorsement; Malcolm MacGregor, second; the vote was unanimous (4-0).
Presentation – Engineering Department:
Private Road Acceptances
The Board received the following documentation* for review of this case:
Letter from Town Engineer dated January 22, 2013
Copy of Article 24, Spring Town Meeting
2013 Annual Town Meeting Locus Maps
Road Advisory Committee PowerPoint Presentation
Sid Kashi, Town Engineer, presented the following roads for acceptance:
Ames Street Brady Lane Cherrywood Circle
Craig Street East Wind Drive Greenview Drive
Hill Dale Road Jacob’s Ladder Road McClellan Drive
Micajah Avenue Monisa Kay Drive Oriole Way
Sandpiper Lane Savery Pond Road Stetson Court
Trade Wind Lane West Ridge Trail Windward Lane
Spindrift Lane Dover Circle Nonantum Road (portion of)
Pawtuxet Road (portion of) Willow Street (portion of) Stuart Avenue (portion of)
The list of proposed roads has been approved by the Roads Advisory Committee and will be presented to Town Meeting this spring. Adoption of the roads will add funding under Chapter 90. Mr. Kashi asked for the Planning Board’s support.
Lee Hartmann stated that the Planning Board in their role as the Board of Surveyors provides a recommendation to Town Meeting on new and old roads becoming public roads. The list of roads proposed to be accepted as public has been balanced throughout the Town.
Malcolm MacGregor asked if the Town receives more Chapter 90 funds as additional roads are accepted as public.
Mr. Kashi replied that the Town does receive more Chapter 90 funds for additional public roads.
Paul McAlduff moved for the Board to support the acceptance of the above-mentioned roads as public; Malcolm MacGregor, second; the vote was unanimous (4-0).
ZBA 3693 – DORCOD LLC c/o Breen Condon
11 & 15 Cape Cod Ave, Map 48, Lot 53-B-9
Special Permits to reduce side, front and rear setback requirements and to raze/enlarge/reconstruct/move a non-conforming structure
The Board received the following documentation* for review of this case:
Draft staff report
Engineering Department Comments dated January 22, 2013
Fire Department Comments dated January 8, 2013
Design Review Board Comments dated January 23, 2013
Locus Map and Site Photographs
Site Plan for 11, 15, and 17 Cape Cod Ave and 35 Brush Hill Ave dated Sept. 17, 2012
Elevation Plan dated October 30, 2012
ZBA 3694– DORCOD LLC c/o Breen Condon
17 Cape Cod Ave and 35 Brush Hill Ave
Map 48, Lots 53-B-10 and 53-167
Special Permits to reduce side, front and rear setback requirements and to raze/enlarge/reconstruct a non-conforming structure
The Board received the following documentation* for review of this case:
Fire Department Comments dated January 8, 2013
Design Review Board Comments dated January 23, 2013
Locus Map and Site Photographs
Site Plan for 11, 15, and 17 Cape Cod Ave and 35 Brush Hill Ave dated Sept. 17, 2012
Elevation Plan dated October 30, 2012
Steve Kotowski, Webby Engineering, presented two requests for Special permits under ZBA Cases 3693 and 3694 simultaneously. Mr. Kotowski stated that this project is very similar to the project on the adjacent property. The existing dwellings built in 1930 will be demolished and new two story dwellings with new foundations for walkout basements will be constructed. Three dwellings will have 5 ft. wide porches with vinyl railings; three dwellings will have 8’x18’ decks and, and one will have a patio. Each dwelling will be landscaped. A 16 ft. wide common drive will provide access off Cape Cod Ave and two parking spaces for each dwelling will be provided on site. The parking areas will be surfaced with white crushed stone or seashells. Stormwater will be contained on site through an
earthen berm to slow the water down and a slight depression to capture water. Each dwelling will have roof drains and subsurface drywells. The second floor will have a two or three bedroom option. Utilities will include Town water and Title V septic upgrades. If the project receives approval from the Zoning Board of Appeals, an ANR plan will be submitted to divide the lots.
The Board stopped the review of ZBA 3693 and 3694 for the following announcement:
Public Hearing (cont. from 12/17):
B577 – 204 Sandwich Street, Map 24, Lot 9A
Special Permit request for 4 single-family residential condo development w/open space under Village Open Space Development
The Board received the following documentation* for review of this case:
Request for continuance dated January 23, 2013
Bill Wennerberg announced that the Planning Board received a request from the applicant’s attorney to continue the public hearing to February 25, 2013.
Paul McAlduff moved for the Board to continue the public hearing for B577 – 204 Sandwich Street to February 25, 2013 at 7:05 p.m.; Malcolm MacGregor, second; the vote was unanimous (4-0).
The Board resumed their review of ZBA 3693 and 3694, Dorcod LLC:
Valerie Massard noted that the existing cottages are rundown and the neighbors have seen a good turn around in the previous project. The proposed project will be an improvement to the neighborhood. The new buildings will be constructed under the new fire and building codes. Ms. Massard stated that the Fire Dept. has suggested installing residential sprinklers and DPW has suggested paving the access.
Mr. Kotowski stated he considered paving, but there is limited space for drainage and paving would increase the amount of drainage necessary.
Ms. Massard stated that the revisions requested by DPW should be incorporated into the plan and that the Manomet Steering Committee reviewed the plan and was supportive.
Tim Grandy suggested using pervious pavers instead of paving the entrance and was supportive of the residential sprinklers.
Malcolm MacGregor felt that the project was too dense for the site and asked if the town was obligated to allow the units because there are existing structures. Mr. MacGregor suggested that one larger building would be more appropriate.
Ms. Massard stated that there is an option to do this as a unified complex or come in to rehabilitate each dwelling separately. The unified project allows for more separation between dwelling units.
Paul McAlduff was supportive of the four units and stated that the units constructed under the previous project were an improvement to the neighborhood.
Bill Wennerberg was supportive of the four unit concept and felt that using a gravel base and crushed seashells would be appropriate. Mr. Wennerberg suggested adding four trees per house of 3 inch caliper and 7-8 ft. height (three deciduous and one evergreen).
Paul McAlduff moved to recommend approval to the Zoning Board of Appeals of ZBA Cases 3693 and 3694 subject to the following conditions:
Conditions for Case 3693
Prior to the issuance of a Building Permit:
- Adequate static pressure and fire flow testing results for the project (as performed through the DPW Water Division or its designee), or a written confirmation that the test is not needed from the Water Division, shall be submitted to the 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;
- 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;
- A Street Opening Permit from DPW is required for all projects involving a street opening, whether or not Town utilities are involved in the reason for the street opening;
- A curb cut permit from DPW is required for all new curb cuts on a public street;
- A detail adjusting for the vinyl cladding of front rails as suggested by the Design Review Board and agreed to by the Petitioner shall be added to the building plans;
- Construction plans must be submitted to the Plymouth DPW for final review and approval of proposed connections to public water. Construction plans must show adequate detail on the size and material of the proposed water mains and fire service lines, including valves, fittings, hydrants, post indicator valves and other related appurtenances. Locations of existing mains and services must be shown on the plans.
A Future Approval Not Required Plan under subdivision control will eventually be needed to create the new lot configuration. The ANR plan shall make reference to this special permit recording information, and shall be revised to show:
- Access and utility easements for proposed driveway, drainage & utilities.
- Lot numbers approved by the DPW Engineering Department, and a Benchmark or Elevation Datum shall be shown on the plan.
- A detail of the compacted 4 to 6-inch reprocessed asphalt driveway with surface gravel and eventual clamshells shall be added to the plan.
- A note shall be added to the plan that “no vehicular access off of Brush Hill Road is a condition of the special permit.”
- Brush Hill Road shall be properly labeled on the plan.
Prior to Issuance of an Occupancy Permit, as agreed to by the Petitioner, each lot shall have installed three (3) deciduous trees of a minimum 3-inch caliper, and one (1) evergreen tree of a minimum of 7-8’ height, to provide for softening of the massing of each dwelling and for some additional privacy between the dwellings.
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.
Conditions for Case 3694
Prior to the issuance of a Building Permit:
- Adequate static pressure and fire flow testing results for the project (as performed through the DPW Water Division or its designee), or a written confirmation that the test is not needed from the Water Division, shall be submitted to the 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;
- 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;
- A Street Opening Permit from DPW is required for all projects involving a street opening, whether or not Town utilities are involved in the reason for the street opening;
- A curb cut permit from DPW is required for all new curb cuts on a public street;
- A detail adjusting for the vinyl cladding of front rails as suggested by the Design Review Board and agreed to by the Petitioner shall be added to the building plans;
- Construction plans must be submitted to the Plymouth DPW for final review and approval of proposed connections to public water. Construction plans must show adequate detail on the size and material of the proposed water mains and fire service lines, including valves, fittings, hydrants, post indicator valves and other related appurtenances. Locations of existing mains and services must be shown on the plans.
A Future Approval Not Required Plan under subdivision control will eventually be needed to create the new lot configuration. The ANR plan shall make reference to this special permit recording information, and shall be revised to show:
- Access and utility easements for proposed driveway, drainage & utilities.
- Lot numbers approved by the DPW Engineering Department, and a Benchmark or Elevation Datum shall be shown on the plan.
- A detail of the compacted 4 to 6-inch reprocessed asphalt driveway with surface gravel and eventual clamshells shall be added to the plan.
- A note shall be added to the plan that “no vehicular access off of Brush Hill Road is a condition of the special permit.”
- Brush Hill Road shall be properly labeled on the plan.
Prior to Issuance of an Occupancy Permit, as agreed to by the Petitioner, each lot shall have installed three (3) deciduous trees of a minimum 3-inch caliper, and one (1) evergreen tree of a minimum of 7-8’ height, to provide for softening of the massing of each dwelling and for some additional privacy between the dwellings.
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.
Malcolm MacGregor, second; the vote was unanimous (4-0).
Other Business:
“Topics not reasonably anticipated by the Chair 48 hours in advance of the meeting.”
MEPA Comment Letter (deadline 1/29/13):
Waverly Oaks Notice of Project Change - EEA #14345 to MEPA
Draft comment letter
Valerie Massard reviewed the draft comment letter for the Waverly Oaks project and noted that a public hearing will be held on February 25, 2013. The comment deadline is January 29, 2013. Ms. Massard stated that several Town departments met with the applicant to present their concerns with the proposed project. The Old Colony Planning Council and the Town’s Department of Public Works will be sending separate comment letters. The proposed project would add 75-113 residential units to the Waverly Oaks golf course and would require a modification to the RDD plan as well as a Transfer of Development Rights. The notice of project change has been filed to modify the MEPA approval of Plymouth Rock Studios which was a very different project.
Lee Hartmann stated that the comment letter would give the State guidance on the types of issues that the Town wants them to review. There will be no impact on the Planning Board decision process.
Malcolm MacGregor suggested adding language regarding the fiscal impacts of the proposed project vs. the studio and the mitigation that was proposed under the studio project vs. the proposed residential project. He also asked that similar information be presented to the Board as part of the RDD Special Permit request.
The Board agreed that the additional language suggested by Mr. MacGregor should be added to the MEPA comment letter.
Tim Grandy moved to adjourn at 8:05 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: February 4, 2013
Administrative Assistant
| 
