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Planning Board Minutes May 13, 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, Tim Grandy, Malcolm MacGregor, and Bill Wennerberg
Planning Board Alternate:  Ken Buechs
Staff Members:   Lee Hartmann and Valerie Massard
Recording Secretary:  Eileen Hawthorne

Marc Garrett congratulated Bill Wennerberg on his re-election to the Planning Board.

Board Reorganization:
Tim Grandy nominated Paul McAlduff for Chair; Bill Wennerberg, second; the vote was (4-0-1) with Marc Garrett in abstention.

Bill Wennerberg nominated Tim Grandy for Vice Chair; Paul McAlduff, second; the vote was (4-0-1) with Tim Grandy in abstention.

Bill Wennerberg nominated Malcolm MacGregor for Clerk; Paul McAlduff, second; the vote was (4-0-1) with Malcolm MacGregor in abstention.

Paul McAlduff nominated Bill Wennerberg for Clerk Pro-Tem; Tim Grandy, second; the vote was (4-0-1) with Bill Wennerberg in abstention.

Administrative Notes:
Minutes:
The Board approved the minutes* of April 8, 2013 as presented.
The Board approved the minutes* of April 22, 2013 as presented.  

Site Plan Review – 100 Hedges Pond Road new 4000 sq. ft. building (previously reviewed)
The Board received the following documentation* for review of this case:
Staff Report
Locus Map
Zoning Permit Site Plan dated March 13, 2012 revised through August 22, 2012
The Planning Board voted to notify the Building Commissioner that the site plan complies with the minimum requirements of the zoning bylaw after the following issues are addressed:
Concrete or similar parking blocks shall be added to the parking stalls in front of the building, which will retain the conforming status of the parking stalls.
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 according to accepted practices and in compliance with the Zoning By-law and the approved site plan; and
  • Compliance with the Prevention of Light Pollution Zoning Bylaw must be documented.
  • Landscaping plans shall include additional native trees/shrubs, which may be transplant or of smaller stock than a formal landscape/ornamental design, to the sides and rear of the building on the disturbed slopes – this can be approved either by a site visit by Planning staff, documented and approved by the Chairman of the Planning Board, or through a marked-up/revised landscaping plan which has been approved in the same manner described herein.
  • A Registered Landscape Architect or other qualified licensed professional must certify to the Building Commissioner prior to the issuance of a final occupancy permit that the required landscaping has been installed in accordance with: the approved site plan, the Zoning Bylaw, and acceptable landscape practices.
Form A Plans:
The Board determined that the following Form A plan is entitled to endorsement:
A4459 LC – Bassett Family Homestead Realty Trust, off Herring Way, Long Pond Road, Map 69, Lot 58-1B* – Divide unbuildable beach lot into smaller unbuildable beach lots for conveyance of 2 lots out of trust to individual property owners, new Lots: Land Court 58-1C, Registry 58-1B-1 Land Court 58-1D, Registry 58-1B-2, and Land Court 58-1E, Registry 58-1B-3

Tim Grandy moved for the Board to approve the above-listed Administrative Notes as presented with the addition of an increase to the plantings under the Site Plan Review for 100 Hedges Pond Road; Bill Wennerberg, second; the vote was unanimous (5-0).

Recreational Vehicle Review
        197 Manomet Point Road, Map 46, Lot 7-1 – Boat Parking
The Board received the following documentation* for review of this case:
Zoning Bylaw language
Letter from Walter Draper dated January 24, 2013
Schematic Drawing
Letters from Francis Rogan, Thomas Pecornec, Michael Prifti, Jon Sidoti, and Mr. & Mrs. Joseph Adduci dated May 18, 2012
Letter from Francis Rogan dated May 30, 2012
Letter from Tiffany Park to Laurie Oldham dated July 12, 2012
Locus Map and site photographs
Lee Hartmann stated that two years ago there was an issue with the storage of recreational vehicles and boats on residential lots.   Language was adopted by Town Meeting that allows for one major recreational equipment to be parked in front of a building line provided that the Planning Board finds that said major recreational equipment is adequately screened from public view with landscaping, fencing or other materials acceptable to the Planning Board.  A seventeen ft. boat is now stored at the property located at 197 Manomet Point Road.  The boat will be stored perpendicular to Highland Ave and is screened by a significant amount of vegetation.
Walter (Scott) Draper submitted petitions signed by over 40 neighborhood residents who had no objections to the location of the boat.  Mr. Draper stated that he has owned the house since 1975 and has always had a boat stored on the property.  He noted that the side and rear yard areas are not adequate to store the boat and a privacy fence or a tent over the boat would be more intrusive.   
Marc Garrett stated that Plymouth is a coastal town and boats are part of the charm of Plymouth.  He did not think that the boat was obtrusive.  
Paul asked for those in the audience to raise their hands if they were in support of the boat being stored as shown on the plan presented.  Majority of the audience was in support.  When asked, there was no one that indicated they were in opposition.  
Marc Garrett moved for the Board to find that the proposed boat storage location for 197 Manomet Point Road is adequately screened from public view.  The boat will be parked adjacent to the house and perpendicular to Highland Terrace.  In addition, the boat is relatively small in size with a low profile; Malcolm MacGregor, second; the vote was unanimous (5-0).      


Public Hearing – Subdivision Modification
        B437 – Pinehills Modification of Subdivision, Briarwood
        Off Golf Drive, Map 77D, Lots A-183 & A-184
        Create Road layout and one additional lot
The Board received the following documentation* for review of this case:
Staff Memo dated May 8, 2013
Draft Vote dated May 14, 2013
Fire Department comments dated April 22, 2013
Locus Map
Planning Board review plan dated March 8, 2013
Modified Definitive Subdivision Golf Drive and Briarwood at Pinehills dated March 13, 2013
Bill Wennerberg recused himself from this public hearing and left the room.  
Paul McAlduff read the public hearing notice and opened the public hearing.  
Seated:  Marc Garrett, Tim Grandy, Paul McAlduff, and Malcolm MacGregor.   
John Judge, Pinehills LLC, presented a plan that would create a new road (Briarwood) off of Golf Drive and one new 3.8 acre, buildable lot at the corner of Landmark Drive and Golf Drive.   
Ken Buechs was concerned with the Fire Department’s comments regarding adequate turning radius for larger emergency equipment.  
Mr. Judge stated that the turning radius is 50 ft. and that VHB has shown that the proposed radius will work.
Valerie Massard noted that the proposed road is consistent with the roadways in the master plan and that there is an MOU that addresses in significant detail the roadway requirements.   
Public Comment:
In favor: None
In opposition:  None
Tim Grandy moved to close the public hearing; Marc Garrett, second; the vote was unanimous (4-0).  
Malcolm MacGregor moved for the Board to approve the subdivision modification for B437 – Briarwood 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.”; Marc Garrett, second; the vote was unanimous (4-0).  

Bill Wennerberg rejoined the meeting.  

ZBA 3710 – DORCOD LLC
        11, 15, & 17 Cape Cod Avenue, Map 48, Lots 53-B9 and 53-B10
        Special Permit to waive the front and side setback requirements and to rebuild non-conforming structures
The Board received the following documentation* for review of this case:
Staff Report
Engineering Dept. Comments dated April 17, 2013
Locus Map and Site Photographs
Architectural Plans dated October 30, 2012
Handout:  Engineering Dept. comments dated April 17, 2013
Steven Kotowski, Webby Engineering, presented a request for a special permit in order to raze four seasonal cottages and reconstruct three single family dwellings with a waiver of setback requirements.  A previous petition that was withdrawn showed the construction of four single family dwellings but was not supported by the Zoning Board of Appeals because of the density and future septic upgrades that may be necessary.  The proposed lot sizes have increased slightly with the elimination of one of the structures.  The access would be a common drive, each unit would have two parking spaces, there will be no access to Brush Hill Road, and landscaping will include three deciduous trees and one evergreen per house.  
Lee Hartmann noted that the density has been lower and the Steering Committee was supportive of four dwelling units.  Mr. Hartmann noted that if the special permit is not granted, they can maintain a portion of the four existing cottages and rebuild four units with a second story.  
Malcolm MacGregor asked what type of soil was in the area.  
Mr. Kotowski replied that the soil consists of mostly sand.  The site will be serviced by Town water and the Fire Department has reviewed the plan and is supportive.  
Marc Garrett moved for the Board to recommend approval to the Zoning Board of Appeals subject to the following conditions:
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.”
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 be 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.
Bill Wennerberg, second; the vote was unanimous (5-0).  


Site Plan Review
        71R Obery Street office building (former R. F. Morse)   
        New Building for South Shore Community Action Council in Obery Street Overlay District
The Board received the following documentation* for review of this case:
Staff Report
Site Plan dated April 5, 2013
Architectural Booklet from Plymouth Architects
Attorney Robert Betters began a presentation for new building proposed by the South Shore Community Action Council (SSCAC).  The SSCAC is a non profit organization that provides fuel and transportation assistance, job training, childhood education and care and food distribution to the community.   In the Obery Street Overlay District (OSOD) a community service building is allowed “by right”.  The existing lot could be subdivided into two lots at some time in the future but there are no plans to do so at this time.   A 16,000 sq. ft. building was originally planned, but the petitioner has limited the size of the building to 15,000 sq. ft. for future resale purposes.  
Marc Garrett asked if this building will be in addition to the SSCAC office on South Meadow Road.
Atty. Betters stated that this facility will replace the South Meadow Road location and is more centrally located.  
Mark Flaherty, Flaherty & Stefani, Inc., presented the site plan for the 2.75 acre lot which is located across from the existing Plymouth County Registry of Deeds and Courthouse.  The entrance will have landscaped islands to direct traffic.  One side of the site drops off by 10 feet which will allow for the lower level of the proposed building to be utilized for food distribution and storage.  The Fire Department has reviewed the plan and requested installation of two hydrants on the site and the building will have a sprinkler system installed.   The site will be serviced by Town water and sewer; the drainage will be a subsurface system; and 70 parking spaces will be provided.  A future interior access location has been designed to accommodate the abutting parcel to the west.    
Malcolm MacGregor asked how the traffic from this site will interact with the area.  
Mr. Flaherty stated that the Town engineers have designed a plan that shows two traffic calming roundabouts, one at this location and one at the entrance to the high school.  The Town’s plan also shows two lanes at the traffic lights at the South and Obery Street intersection.  
Nicholas Filla, Plymouth Architects, presented the building design for the proposed 13,944 sq. ft. structure.  The first floor will have the child care and educational areas; the second floor will have offices for administrative staff and the lower level will be used as a food distribution and storage area.  There will be a covered porch way at the main entrance and the façade has will have three different types of siding for variation.  
Paul McAlduff stated that this will be a great location for residents in town that utilize the services provided and the parking will be a great improvement from the current location.  
Marc Garrett suggested providing an internal access area for the lot to the east in order to minimize traffic movements on Obery Street.
Atty. Betters agreed to show a potential access on the site plan.  
Public Comment:  
In favor: None
In Opposition:  None
Marc Garrett moved for the Board to (1) waive the parking requirements down by 10%, and (2) notify the Building Commissioner that plan complies with the Planning Board that the minimum requirements of the zoning bylaw after the following issues are addressed:
The site plan needs to be adjusted to show the most recent architectural plans, and a note shall be added that access to the adjacent southeasterly lot will be accommodated in any future expansion of the Applicant’s lot, should that lot convert from residential use in the future.
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.
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 a Highway Commercial zone
The Board received the following documentation* for review of this case:
Notes from Staff
Staff Report
Engineering Department Comments dated February 14, 2013, Revised April 29, 2013
E-mail correspondence with Peter Neville
Letters from Allen & Major Associates, Inc. dated January 23, 2013 and March 25, 2013
Environmental Impact Statement dated January 23, 2013
Locus Map
Letter from Lightstone Acquisitions VI LLC dated December 11, 2012
Site Photographs
Memorandum of Understanding
Selectmen’s Minutes modifying the MOU
Proposed Retail Plan dated November 25, 2008
Site Feasibility Plan dated March 23, 2009
Fire Dept. Comments dated February 7, 2013
Proposed Earthwork Plans dated December 28, 2012
Atty. Edward Angley began the presentation for a request for a special permit in order to remove 229,000 cu. yds. of gravel in order to prepare the site for commercial development.  The owner has met with several abutters who have some concerns with the proposed gravel removal.  Atty. Angley made a public commitment to provide a walking trail on the site with a location yet to be determined.  He noted that the owner has purchased an abutting residential property for buffering.  
Valerie Massard noted that there were several people in the audience that have concerns and questions regarding the proposed gravel removal.  Ms. Massard presented the following points for consideration by the Board:
While staff is supportive of development of the site, and recognizes grading as a necessary aspect of retail and commercial development, and that Town Meeting specifically rezoned the site for Highway Commercial development, there are some reservations with respect to the extent of the gravel removal into buffers and onto land of others.  Some additional waivers should be listed/granted, as noted in staff’s report, if the Site Plan is approved as shown.
  • The Proponent met with the abutters yesterday (May 7, 2013) to propose a change to the grading in the northwest corner, according to the abutter email, enclosed.  This will be presented at the Planning Board meeting.
  • The Department of Public Works objects to grading and drainage retention on the Town land, which is the Lout Pond Well site, although the DPW acknowledges that this decision must be made by the Board of Selectmen.
  • The use of the Petitioner-owned house lot within the Ryder’s Orchard subdivision as a ‘buffer’ to the project, without restrictions on whether the house could be sold or should be planted as a buffer, is unusual.
  • The request to grade into the 50-foot buffers at the property lines should be a matter of public health and safety, according to the Bylaw.  More information regarding this aspect of the request is needed.
  • The Petitioner has been asked to consider gifting the Town a trail easement in order to support the Northern Wishbone trail envisioned in the ENSR Corridor Study (1999); no response has been received.
  • Area of disturbance 25+ acres triggers Massachusetts Environmental Policy Act (MEPA); there is an existing Certificate that will need to be changed.
  • Some specific conflicts with grading standards in the Bylaw appear to need to be addressed:
  • Contours tie in at 90 degrees or less to surrounding landscape in many places, not consistent with many sections of the Bylaw.
  • Section 205-18 Paragraph D(2)(a) requires that where the adjacent lot is lower in elevation than the lot for which a permit is sought, no slope exceeding a fifty percent slope and 5-foot difference in elevation shall be allowed within 25 feet of the lot line.  Plans do not appear to comply in some instances.
  • Staff has not had sufficient time to review the Groundwater Mounding Analysis, and Phased Stormwater Drainage information and monitoring well provisions and plans received on April 22, 2013.  
  • The use of buffers and adjacent properties owned by others for stormwater management is unusual.  
  • The petition does not clarify or include notice of work on abutting land in the legal advertisement or the filing; however, the Site Plans show work in the RR and LI zones on land of others.
  • Should the residential property proposed as a buffer for the project off Ryder’s Orchard be planted?  Should the Ryder’s Orchard drive be limited for no egress from the site?  Does the Board want the resale of the lot restricted?
Phil Cordeiro, Allen and Major Associates, stated that as a result of a meeting with the abutters, the buffer area along the northwest portion of the site has been increased to 130 ft.  The design impact has not changed.  The proposed grading is necessary to create the maximum buildable area while maintaining ADA compliance.  Mass DOT will have to be consulted regarding the impact to the State’s Route 3 corridor property.  Mr. Cordeiro acknowledged the Town’s concerns regarding grading on the Lout Pond Well site which will be monitored.   The disturbed area will be loamed and seeded.  He indicated that DPW does not support a walking trail on the Town’s well site.    They are requesting waivers to be able to work within the buffer areas.  Mr. Cordeiro stated that the gravel removal is a temporary condition and they will present a drainage design during the site plan review for the development.  He noted that they will have to file a notice of project change with MEPA, but wanted to have local approval prior to the submission to the State.  
Malcolm MacGregor suggested moving the grading away from the Town owned land by 100 ft.  
Mr. Cordeiro replied that moving the grading 100 ft. from the Town owned property would create a loss of developable area.  They have graded on other peoples property before as long as they have permission.  
David Gilvar, Viking Development, stated that the site is under agreement for a factory outlet development.  The site is desirable because it is in a tourist area and lies halfway between Boston and Cape Cod.  Mr. Gilvar noted that the gravel removal would take approximately one year to eighteen months.  The development will have a financial benefit to the Town and will create 1200 -1400 jobs.
Public Comment:
Peter and Noreen Neville, 296 Billington Street, stated that they and their neighbors are concerned with the proposed gravel removal while supportive of development.  The plans shown are not in compliance with the buffer areas that were agreed upon as part of the Town Meeting rezoning of the land.  The project will affect the home values, privacy and security of the abutting neighborhoods.   They were also concerned about the impact to the aquifer.
Walter Brady was supportive of the proposed gravel removal and development.
Barry Tassinari was concerned with the impacts to the abutting Orchard Hills residential development.  
Marc Garrett stated that the site is in a Highway Commercial development and he was supportive of preparing the site for commercial development.  Mr. Garrett noted that during the rezoning of the site, an MOU between the Board of Selectmen and developer was agreed upon that resulted in a buffer area around the perimeter of the property.  He was only supportive of grading within the developable area shown on the plan attached to the MOU.  
Tim Grandy agreed with Mr. Garrett.  
Mr. MacGregor stated that in 1999 the Town developed a plan that required a green network which was followed up in 2004 and updated recently.  Out of the plan, a wishbone trail system was designed that would go from downtown Plymouth to the State forest and from Manomet into the State forest.  In order to complete the connection from Braley Road, the trail will need to go through the open space that is part of the Orchard Hills development and through Harald LLC property.
Mr. Garrett stated that the Board is being asked to negate an agreement that was made with another Board.  The Board of Selectmen would have to amend the MOU.  
Mr. Grandy noted that the plan that was being presented was different from the one the Board received in their packets.  He stated that it was difficult to see what has changed on the revised plan.  
Marc Garrett moved for the Board to recommend approval of the gravel removal within the confines of the plan that was attached to the most recent MOU with the Board of Selectmen; with a condition that a trail easement is designated on the final site plan and subject to the following conditions outlined in the staff report:
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.
Prior to the Issuance of a Zoning Permit for gravel removal, the Plan shall be revised to show and/or include the following, and which shall be subject to review by the Town and final approval by the Board of Appeals:
  • The Site Plans shall be modified to reflect grading that maintains an elevation of 130 feet in the vicinity of the northwesterly Ryders Orchard Lane residential development;
  • The Site Plans shall be modified to contain all grading to the limits of the buffers as shown in the MOU Plan, with adjustments to the grading plan that tie into the contours of the existing Town-owned land in a way more characteristic of the existing contours, rather than in a straight line.
  • 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 copy of the Stormwater Pollution Prevention Plan (SWPPP) under the EPA Stormwater Regulations shall be provided;  
  • Elevation Datum shall be provided on the Plan;
  • Limitations on the residential lot owned by the Petitioner – not part of grading, stabilize/guardrail at top?  Driveway not to be used…as egress?
  • The proposed final site plans and groundwater mounding analysis shall be subject to review by the DPW Town Engineer or its designated peer review consultant.  Any changes to the drainage patterns and/or phasing, and for the monitoring well locations and monitoring plan or testing requirements, for the subject work which are required as a result of the review of the drainage calculations and groundwater mounding analysis submitted by the Petitioner, by the Town Engineer or its designated peer review consultant shall be incorporated into the final site plans.
  • Where the horizontal grade change created by the earthwork subject to this special permit exceeds 8 feet at any property line, the Site Plans shall show additional plantings as depicted on Sheet C-2 of Site Plan to include these plantings on “all slopes abutting residentially zoned land.”  
Per Section 205-57 Aquifer Protection, with respect the groundwater monitoring plan with respect to the Zone II for the Lout Pond Well site and pump station, the Site Plan depicts the proposed location of two (2) monitoring well in this area within the Zone 2 on Sheet C-1, which shall be subject to quarterly sampling for Volatile Organic Compounds (VOCs) (Note 28 on Sheet C-1 of the Site Plan).  Said sampling is subject to the following process:
  • All monitoring well sampling results shall be sent via registered mail to the attention of the DPW Water Division;
  • In the event of contaminant detection, the DPW Water Division shall be notified immediately via telephone and email; and
  • In the event of sale of the property, all monitoring well sampling requirements shall transfer to the property owner of record.
Prior to the Issuance of a Zoning Permit for gravel removal, the Petitioner shall submit to the Building Commissioner:
  • A Municipal Lien Certificate shall be provided 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;
  • Evidence of recording of an easement or other acceptable legal form of permission from the Commonwealth for work on state property have been issued;
  • Evidence of recording of an easement or other acceptable legal form of permission from the Town of Plymouth’s Board of Selectmen, acting in their role as the Water Commission, allowing the proposed grading of Town-owned land depicted on the Approved Plan;
  • Evidence of approval from the Director of the Department of Public Works for the proposed plan of work on the land owned by the Town as shown on the Approved Plans;
  • Evidence of an approved coordinated plan between the Developer or its designated Contractor and the Plymouth Police Department with respect to appropriate means of traffic control at the intersection of Home Depot Drive and Long Pond Road during earth removal activities;
  • An initial deposit in the amount of $2,000 shall be deposited with the Board of Appeals for retainer of a consultant as described 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.
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 five (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; and  
  • 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 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 229,000 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.
After some discussion, Marc Garrett amended his motion to remove the condition regarding a trail easement; Bill Wennerberg, second; the vote was unanimous (5-0).  
Tim Grandy, second (the original motion); the vote was (4-1-0) with Malcolm MacGregor in opposition.  



Other Business
“Topics not reasonably anticipated by the Chair 48 hours in advance of the meeting.”
1820 Courthouse Update
Marc Garrett informed the Board that the RFP for the 1820 Courthouse has been published and a site visit took place last week with several teams that were interested.  


B475 - Watercourse Place
Bill Wennerberg moved for the Board to endorse a lot release for lots 12-15 and 12-61 from the covenant for B475 – Watercourse Place; Marc Garrett, second; the vote was unanimous (5-0).   

Paul McAlduff handed out an article from the Boston Globe regarding medical marijuana for a future discussion item.  

Discussion:  
Zoning Bylaw Revision Process
The Board agreed to postpone the discussion on the Zoning Bylaw Revision Process to a future meeting and to include a discussion on medical marijuana.  

Tim Grandy moved for the Board to adjourn at 10:02 p.m.; Bill Wennerberg, second; the vote was unanimous (5-0).  

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

Respectfully Submitted:




Eileen Hawthorne                                                Approved:  June 3, 2013
Administrative Assistant