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, Malcolm MacGregor, and Bill Wennerberg
Planning Board Alternate: Ken Buechs
Staff Members: Lee Hartmann
Recording Secretary: Eileen Hawthorne
Marc Garrett congratulated Lee Hartmann on his appointment as President of the Old Colony Planning Council.
Administrative Notes:
Minutes:
The Board approved the minutes of March 25, 2013 as presented.
The Board approved the minutes of April 1, 2013 as presented.
B569 – Bay Colony Drive
The Board approved a Lot Release for Lot 26-6 on Map 42 and endorsed a Performance Guarantee agreement in the amount of $3,500.00.
ZBA 3711 – Scott and Elizabeth Goodwin
2 Martingale Lane, Map 67, Lot 1-12
Special Permit to waive side setback requirements in order to construct a two-story addition
The Board recommended approval to the Zoning Board of Appeals for the special permit request for Case No. 3711.
Paul McAlduff moved for the Board to approve the above-listed Administrative Notes as presented; Malcolm MacGregor, second; the vote was unanimous (5-0).
Form A Plans:
The Board determined that that the Following Form A plan was entitled to endorsement:
A4458 – Ellin L. Tong, 54 Off Billington Street, Map 27, Lot 128D and 129E – Lot line adjustment to create lots 128E and 129E-1
Tim Grandy moved for the Board to determine that Form A plan 4458 was entitled to endorsement; Paul McAlduff, second; the vote was unanimous (5-0).
Site Plan Review – Stasinos Family Series LLC
25 Howland Street, Map 17, Lot 156A
22 Residential Apartment Units
Atty. Robert Betters stated that the proposed project for the property at 25 Howland Street was presented to the Board conceptually at a previous meeting. The proposed 22 residential units are an allowed use in the Downtown Harbor zone. This presentation of the site plan review is prior to an application for a building permit. The Historic District Commission has reviewed and approved the current architectural plans which include revisions based on their recommendations.
Mark Flaherty, Flaherty & Stefani, Inc., presented the site plan for the property at 25 Howland Street that was recently subdivided into three 9,000 ± sq. ft. lots. Three 2.5 story buildings are proposed. One 50’x53’ structure will have three one-bedroom units and three two-bedroom units. Two 66.5 ‘x53’ structures will each have four one-bedroom units and four two-bedroom units. The structures will be located close to the street, accessed by an 18 ft. wide driveway, and will have a total of 38 parking spaces in the rear. A narrow landscaped area will be located in front of the fence along the rear of the property. An extensive drainage system will be installed in the rear of the site. The site will be serviced by Town water and sewer. The Fire Department
has approved the overall access to the site. The buildings will have brick steps and walkways in the front with granite steps from the street. A low concrete wall with brick veneer will be installed along the front of the buildings.
Malcolm MacGregor asked if pervious pavers would be used within the site. He felt that pervious pavers would have substantial less impact and cost than the extensive drainage system proposed.
Mr. Flaherty replied that pervious pavers might not be feasible as the soil is sand and clay and previously had some coal tar removed. It is an urban type of material. Mr. Flaherty stated that when it rains the water runs off the site, down the street to Water Street. The drainage was designed to handle the water within the site.
Jay McMichaels presented the architectural plans for the 2.5 story buildings. The façade of the buildings will have Cape Cod gray shingles alternating with clapboard. The buildings will have different dormer and eave treatments.
Paul McAlduff asked if the proposed brick veneer wall that varies in height from 2.5 ft. to 8 inches would be a tripping hazard, therefore, a safety issue.
Mr. McMichaels stated that he did not consider the wall a tripping hazard. It will define the edge of the sidewalk.
Lee Hartmann stated that staff has identified two issues: the proposed versa block wall and the minimal setback requirements to the abutting property. Mr. Hartmann noted that the petitioner is the owner of the abutting house. He noted that in this situation it would be better to contain the drainage on the site.
Bill Wennerberg moved for the Board to notify the Building Commissioner that the proposed site plan and architectural plans are acceptable and that the site plan complies with the minimum requirements of the zoning bylaw if the below conditions are satisfied:
A 78-foot long versa-loc retaining wall (maximum height 3 feet) is proposed along Howland Street. The applicant has agreed to replace the proposed versa-loc wall with concrete wall faced with red brick or stone veneer.
The applicant has agreed to investigate the feasibility of adding pervious pavers and providing addition green space within the rear parking area.
Compliance with the Prevention of Light Pollution Zoning Bylaw must be documented. Lighting details should be submitted.
Prior to issuance of an occupancy permit: a Registered Professional Engineer must certify that the drainage system, drive ways, curbing and parking areas have been installed; and a Registered Landscape Architect or other qualified licensed professional must certify that the required landscaping has been installed; all according to accepted practices and in compliance with the Zoning By-law and the approved site plan.
Compliance with ADA requirements must be documented.
Internal sprinkling and fire alarm systems must be provided if required by the Fire Chief.
Tim Grandy, second; the vote was unanimous (5-0).
ZBA 3703 – Harald LLC
Home Depot Drive, Map 89, Lot 53
Special Permit subject to EDC for gravel removal of approximately 229,000 cu. yds. in an HC zone
Marc Garrett announced that the applicant’s attorney for ZBA 3703 – Harald LLC , Home Depot Drive, Map 89, Lot 53 has requested a continuance in order to give staff more time to review the revised plans. The review will be continued to a future meeting.
ZBA 3709 – Atlantic Properties/Henry Stout
5 Resnik Road, Map 104, Lot 14F-2
Special Permit subject to EDC for gravel removal in excess of 10 cu. yds. (45,000 cu. yds.)
Atty. Edward Angley state that the property adjacent to lot 14F-2 recently received site plan approval for two office buildings and associated infrastructure. A third office building with parking is being proposed for this site. Preparation for the third office building requires a special permit for gravel removal.
Bill Shaw, Associated Engineers, of Plymouth Inc., reminded the Board that he presented the site plan for Buildings 1 and 2 a few weeks ago. A third building with associated parking was shown on that plan also but was not part of that petition as a special permit for gravel removal is needed for that portion of the site. The site will require gravel removal in the amount of approximately 45,000 cubic yards. The excavation area will be about 60% of the 2.5 acre site. The site will be screened from Route 80.
Jon Henson, Landscape Architect, reviewed the landscape plan for the site, which included supplemental evergreen plantings along the electric easement and along Plympton Road. The pavement for the parking area will be flanked by deciduous trees; the front building foundation will be planted with evergreen and deciduous shrubs; the other three sides will be planted with perennials with ornamental grasses at the corner; and the utility corridor will be a seed mix enhanced with wildflower additions. Additional planting consisting of shade trees have been added in four areas to Phase 1.
Malcolm MacGregor asked how long the project will take and how long the site would be exposed.
Henry Stout, Atlantic Properties, replied that the Phase 1 building permit would be filed by May 15, 2013 and that the landscaping will be installed along the perimeter of the site and the barren areas will be covered once Phase 1 is constructed.
Lee Hartmann stated that this is a companion request for gravel removal to the approved site plan for Phases 1 and 2. They will have to return with the Phase 2 building plans for site plan review. In February the Zoning Board of Appeals denied without prejudice the original request for gravel removal. They seemed to be concerned with the end use for the site and adequate buffering. The zoning permit was filed, the site plan was presented for review and the petitioner will be filing for the building permit for Phase 1 shortly. The buffers have also increased.
Russel Appleyard, West Plymouth Steering Committee, commented that the committee has reviewed the plan and is supportive.
Paul McAlduff moved for the Board to recommend approval to the Zoning Board of Appeals subject to the following conditions:
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.
- The Petitioner has agreed to loam and seed areas designated for development that have not been improved by May 15, 2014.
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 45,000 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.
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.”
1820 Courthouse Update
Marc Garrett announced that the advertisement for the RFP has been sent to the Central Register and will be published shortly.
Tim Grandy moved to adjourn at 7:50 p.m.; Paul McAlduff, second; the vote was unanimous (5-0).
Respectfully submitted,
Eileen Hawthorne Approved: May 20, 2013
Administrative Assistant
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